INSTITUTIONAL
AND
NON-INSTITUTIONALIZED CORRECTION
House Bill No. 393
– filed by Teudolo C. Natividad and
Ramon Bagatsing. This is the second
Bill/measure that attempts to established
an adult probation in the Philippines. It
was passed in the lower house but
pending in the senate when martial law
was proclaimed.
The present probation law:
Presidential Decree 968
– Probation Law of 1976
- This was signed into law by then
President Ferdinand Marcos on July 24,
1976 during the last day of the first
national conference on Crime Control held
at Camp Aguinaldo.
January 3, 1978 – effectivity of the
application of the substantive provisions
concerning grant of probation.
Teudolo C. Natividad – former
NAPOLCOM commissioner and former
Congressman of Bulacan.
- Known as the “father” of
Probation in the Philippines.
Application for Probation
- The application for probation shall be
filed by sentenced or convicted offender
whose sentence is not more than 6 years
imprisonment. It shall be filed with the
court that tried and sentenced the offender.
- Section 32, RA 6425 (Dangerous Drug
Act of 1972) Probation is granted to drug
addicts.
- PD 603, amended by PD 1179 (Child &
Youth Welfare Code) probation to minor
offenders.
- PD 968 was approved only on July 24,
1976 and became operational on January
3, 1978. Sentenced offenders 18 years
and above can apply probation before
serving sentence.
- The first probation in 1937 was declared
unconstitutional because it covers only
provinces that can financially afford to
adopt the law.
Petition for Probation
Is there a need to apply for probation to
avail of its benefits?
- Yes, it will not be granted except
upon the application by the accused. The
necessity for such application is indicated
in Sec. 4, PD 968, which states that “the
trial court may, after it shall have convicted
and sentenced a defendant and upon
application by said defendant within the
period of perfecting an appeal….
When can a petitioner file his
application for probation?
- the law says that the application
should be made within the period for
perfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
Is there a form prescribed for the
application for probation?
- Yes, it shall be in the form approved
be the Secretary of justice as
recommended by the Administrator or as
may be prescribed by the SC.
Where can we file the application for
probation?
-The application for probation be
filed directly to the trial court that heard
and sentenced the person applying for
probation.
What then be the duty of the court
after receipt of the application?
- the trial court may notify the
concerned prosecuting officer of the
application at a reasonable time before
the scheduled hearing thereof.
Procedures in Applying for Probation:
1. The offender or his counsel files a
petition with the convicting court
2. The court determines convict
qualifications and notifies the
prosecutor of the filing of the petition
3. The prosecutor submits his comments
on such application within 10 days
from receipt of the notification
4. If petitioner is qualified, his application
is referred to the probation officer
for post-sentence investigation
5. The post-sentence investigation report
(PSIR) is submitted by the probation
officer to the court within 60 days
6. The court grants or denies the petition
for probation within 15 days upon
receipt of the PSIR.
Effects of filing an application for Probation
a) the court may, upon receipt of the
application suspend the execution
of sentence imposed in judgment;
b) pending the submission of the PSIR
and the resolution on the
application, the applicant may be
allowed on temporary liberty under
his bail, on a new bail, or released
on recognizance.
Disqualifications for Probation
a. Those who were sentenced to more than 6 years
b. Those who were convicted of crimes against the
security of the state (Art. 134 to 157 except 135, 140
and 152 of the RPC)
c. Those previously convicted and punished of not less
than 1 month and 1 day imprisonment and/or fine of
not less than 200 pesos (include those punished with
destierro)
d. Those who were previously granted probation under
P.D. 968
e. Those who were already serving their sentence when
probation became applicable
The Court will not grant Probation if it
finds:
a. The offender can be treated better in a
mental institution or other places for
correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of
the community
When Probation is granted, what
conditions are imposed by the court?
a. The probationer must present himself
to his probation officer within 72 hours
b. Report to his probation officer at least
once a month
c. Not to commit another crime
d. Comply with any other lawful
conditions imposed by the court.
If the probationer committed a crime
while under probation, what would be
the consequences?
a. The probationer will be arrested for
violation of the condition of probation
b. Prosecution of the new crime
committed
c. The court will order the serving of the
original sentence of the previous
offense
How long is the period of probation?
a. Not more than 2 years if the sentence is
imprisonment for 1 year or less
b. Not more than 6 years if t he sentence
is imprisonment for more than 1 year
but not more than 6 years.
Note: Probation starts upon issuance of
the court granting probation.
When should probation be denied?
a. The offender is in need of correctional
treatment that can be provided more
effectively by his commitment 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.
The offender may be released pending
application for probation:
a. On the same bond he filed during trial
b. On a new bond
c. To the custody of a responsible
member of the community if unable to
file bond
When can the Court Modify the Conditions
for Probation?
a. at any time during supervision
b. after summary hearing when the probationer
violated any of its conditions
c. upon application by the probation officer or
the probationer himself
Note: only the judge who heard and decided the
case has the power to grant, deny, modify,
revoke and terminate probation.
OUTSIDE TRAVEL
1. Probation officer authorized the
probationer to travel outside the area of the
operation for a period of 10 days but not
exceeding 30 days.
2. If 30 days, Probation must file 5 days
before travel a request to travel outside for
the approval of Probation authorities.
3. If more than 30 days Probation
Authorities shall recommend for Court
Approval.
CHANGE OF RESIDENCE
1. The probationer must file a request
for change of residence at the city
or provincial Parole and Probation
officer to the court approval.
2. If approved, The RTC which has
jurisdiction over the place shall
have full control of the probationer.
Who is a volunteer probation aide?
- he/she is a civilian of good repute
and integrity, at least 18 years of age,
appointed by the Probation
Administration to assists the Pos in
investigation and supervision. A VPA is
not entitled to salary but is given a
reasonable travel allowance.
Termination of Probation:
after the probationer has
satisfactorily completed the probation
period, the Probation Officer shall
submit termination report to the court
containing the ff:
a. condition of probation
b. program of supervision and
response to treatment
c. recommendation
Two ways of terminating probation:
1. After period of probation with satisfactory
compliance with conditions of
probation.
2. Other ways of terminating probation
a. termination before the expiration of
the period (served at least 1/3 of the
imposed period but not less than 6
months)
b. termination by pardon of the
probationer (either absolute or
conditional)
c. Deportation of the probationer – when
an alien on probation is deported,
probation will necessary be
terminated.
d. Death of probationer.
Rights Restored after Termination of
Probation
a. All civil rights suspended when the
offended was convicted and sentenced
are restored after the termination of
probation
b. liability to pay a fine is also discharged
IN CASE OF SUBSIDIARY
IMPRISONMENT
How Can Probation help in the
Prevention of Crime?
- when in the community, he is helped
and given opportunities to be productive
and responsible instead of going to
prison
- hopefully, these situations restrain the
probationer from committing crime
How can Community help in the
Success of Probation?
1. community accepting the probationers,
giving them a feeling of belongingness
2. community agencies and schools are
being opened for the training and
treatment of probationers
3. community leaders and layman
allowing the participation of
probationers in developmental
programs
4. religious organizations giving the
probationers spiritual advice and
extending their social action programs
to probationers
5. various organizations providing
temporary housing for probationers
6. the community playing an equally
important role after the termination of
probation, it should be ready for the
reintegration of the individual into
community life.
Difference of Probation from Imprisonment
and Parole:
1. Probation is an alternative to imprisonment.
Instead of being confined in prison, the
probationer is released to the community
by the court with conditions to follow and is
placed under the supervision of PO.
2. Parole is a conditional release of a prisoner
whereby he is placed under the
supervision of a Parole Officer after
serving his minimum sentence.
3. Probation is a community-based approach to
reformation of offenders, while
imprisonment adopts the institutionalized
approach.
4. Probation is handled by the Probation
Administration while parole is
administered by the Parole Board
5. Probation is enjoyed only once while parole
may be granted more than once,
depending on good behavior during
imprisonment.
6. Probation is more beneficent because it
restores full civil rights to the probationer
upon termination unlike parole.
7. Probation is essentially a judicial function
(under the control of the court) while
parole is an executive function (under the
Parole Board).
Notes to remember:
P.D. 1257 – participation of the prosecutor in
the determination of the application for
probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1
day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years
and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987) –
renamed the Probation Administration into
Parole and probation Administration
NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege
NATURE OF POST SENTENCE INVESTIGATION
- It is recommendatory in nature and address to
the sound discretion of the trial court
EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying
probation SHALL NOT BE APPEALABLE.
Probationer – a person placed on probation
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 officer – one who investigates for
the court a referral for probation or one who
supervises a probationer or both.
Petitioner – an accused or defendant who
files a formal petition for probation
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.
Parole – refer to the conditional release of an
offender from a penal institution after he has
served the minimum period of his prison
sentence.
Parolee - refer to a person who is released on
parole
Pardonee – refer to a person who is released on
conditional pardon
Client – refer to a pardonee/parolee who is
place on supervision
Board – refers to the Board of Pardons
and parole
Administration – refer to the Parole
and Probation Administration
Director – refer to the Director of the
BuCor
Administrator – refer to the
administrator of Parole and
Probation Administration
History of Parole system in the
Philippines:
- it came into existence by the passage of
Act 4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence
Law, which took effect on Dec. 5, 1933.
Board of Pardons and Parole –
administers the Parole system of the
country.
Pre-Parole Investigation:
The Administration has been
authorized by the Board to conduct pre-parole
investigation of deserving city, provincial and
national prisoner confined in the city and
provincial jails, the national penitentiary and
penal colonies, whenever their best interests
and that of justice will be served thereby, and to
submit reports of said investigation at least 60
days before the expiration of the minimum
sentences of the prisoners concerned.
PRISONERS QUALIFIED FOR PAROLE:
Unless otherwise disqualified under Sec. 15
of the rules, a prisoner shall be eligible for
the grant of parole upon showing that –
a. he is confined in a jail or prison to
serve an indeterminate prison
sentence, the maximum period of
which exceeds one year, pursuant
to a final judgment of conviction;
and that
b. he has served the minimum period
of said sentence less the Good
Conduct Time Allowances (GCTA)
earned.
c. There is a reasonable probability
that if released, he will be lawabiding; and that
d. His release will not be
incompatible with the interests and
welfare of society.
PRISONERS DISQUALIFIED FOR PAROLE:
1. those persons convicted of offenses
punished with reclusion perpetua;
2. those convicted of treason, conspiracy
or proposal to commit treason;
3. those convicted of misprision of
treason, rebellion, sedition or
espionage;
4. those convicted of piracy;
5. those who are habitual delinquents;
6. those who escaped from confinement
or those who evaded sentence;
7. those who were granted conditional
pardon and violated any of the terms
thereof;
8. those whose maximum term of
imprisonment does not exceed 1 year or
are with a definite sentence;
9. those suffering from any mental disorder
as certified by a psychiatric report of the
bureau of correction or national center for
mental health;
10. those whose conviction is on appeal;
11. those who have pending criminal case for
an offense committed while serving
sentence.
COMPOSITION OF THE BOARDS OF PARDON
AND PAROLE
Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the
Parole and Probation Administration
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by
training/experience and a
member of the Philippine BAR.
Pardon
– an act of executive clemency, by a
head of a state for the purpose of
exempting an individual from the
punishment imposes upon him by a court
of law.
- It is an act of grace and the
recipient is not entitled to it as a matter of
right.
Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is
granted by the Chief Executive without
any conditions attached. Absolute
pardon serves to wipe away the guilt of
a pardonee, and makes him innocent
as if he has not committed any crime.
2) Conditional Pardon
It is conditional when it is
granted by the Chief Executive subject
to the conditions imposed on the
recipient and accepted by him. Usually,
the person granted with conditional
pardon has served a portion (at least ½
of the minimum of his indeterminate
sentence) of his sentence in prison
Limitations of the Pardoning Power of the
President
The following are the limitations of the pardoning power of
the President:
1) it may not be exercised for offenses in
impeachment cases;
2) it may be exercised only after conviction by final
judgment;
3) it may not be exercised over civil contempt (as
for refusing to answer a proper question as a
witness in a case);
4) in case of violation of election law or rules and
regulations, no pardon, parole, or
suspension of sentence maybe granted;
5) cannot be exercised to violation of tax laws.
OTHER FORMS OF EXECUTIVE CLEMENCY
1) Amnesty
Is a general pardon extended to a
group of persons generally exercised by the Chief
Executive with the concurrence of congress.
It is an act of sovereign power
granting oblivion or general pardon for past
offense and rarely, if ever, exercised in favor of
single individual is usually exerted in behalf of
certain classes of person who are subjected to
trial but not have been convicted.
Note:
Amnesty can be availed of before,
during and after the trial of the case, even after
conviction.
Differences between Amnesty and Pardon
As to the number of those who can avail:
Pardon includes any crime and is
exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to a
group of prisoners, generally political prisoners.
As to the Time to Avail:
Pardon is exercised when the person is
already convicted, while amnesty maybe given
before trial or investigation is done.
As to the Consent of Congress:
Pardon is granted by the Chief
Executive and such as private act, which
must plead and proved by the person
pardoned because the court takes no
choice thereof. While amnesty is by
proclamation with concurrence of
congress, and it is a public act, which the
court should take judicial notice.
As to the Effect:
Pardon is an act of forgiveness, i.e. it
relieves the offender from the consequences of
the offense, while amnesty is an act of
forgetfulness. i.e. it puts into oblivion the offense
of which one is charged so that the person as if
he had never committed the offense.
As to the Crime committed:
Pardon is granted for infractions of
the peace of the State while amnesty, for crimes
against sovereignty of the state (ex. political
offense)
2) Commutation of Sentence
It is a change of the decision of the
court made by the Chief Executive by
reducing the degree of the penalty
inflicted upon the convict, or by
decreasing the length of the
imprisonment of the original sentence.
Specific cases where commutation is provided for by
the code:
1. When the convict sentenced to death is over 70 years
of age;
2. When ten justices of the Supreme Court failed to
reach a decision for the affirmation of the death penalty;
In other cases, the degree of the penalty is
reduced from death to reclusion perpetua.
In Commutation of Sentence consent of the
offender is not necessary. The public welfare, not his
consent, determines what shall be done.
3. Reprieve – the temporary stay of the
execution of sentence (applicable only
to death sentence)
GCTA – is a privilege granted to a prisoner that
shall entitle him to a deduction of his term
of imprisonment. Under Art.97, RPC, the
GCTA are:
1. 5 days per month during the first 2 years of
imprisonment
2. 8 days per month during the 3rd to
5th years of imprisonment
3. 10 days during the following years
until the 10th years of imprisonment
4. 15 days during the 11th and
successive years
Special Time Allowance for Loyalty (Art.
158, RPC)
-A deduction of 1/5 of the period of the
sentence of any prisoner who evaded the
service of sentence on the occasion of
disorders due to conflagrations, earthquakes,
or other calamities shall be granted if he
returns to authorities within 48 hours after the
president declared that the calamity is over.
- Once granted hall not be revoked.