Non-Institutional

Corrections
(CA 2)
EAD
OLFU, 2nd Sem AY 2013-2014
 Topics/Chapters
I. Introduction to NIC or CBTP
II. Probation
III. Parole
IV.Forms of Executive Clemency
V. Good Conduct Time Allowance
VI.The Future of Corrections and
Restorative Justice
 Chapter I
INTRODUCTION AND
CONCEPT OF NON-
INSTITUTIONAL
CORRECTIONS
 Introduction
• The main purpose of imprisonment is
to reform and rehabilitate those who
have committed a crime and convicted
by a competent court; and who are
considered a danger to the society, to
assist them to lead a law-abiding and
self-supporting life upon release.
 Introduction
• In reality, however, the majority of
offenders are non-violent, petty
offenders serving short prison terms.
• Prison Overcrowding has become one
of the many problems of any
correctional enterprise in the world,
along with budgetary constraints and
ineffective prison guards.
 Introduction
• In an attempt to reduce the over reliance on the
use of incarceration/imprisonment; the problems
of congestions/overcrowding; and to restore the
relationship between the offender, the victim and
the community by taking into consideration the
rehabilitative needs of the offenders, the
protection of the society and the interests of the
victims, the NON-INSTITUTION-BASED
CORRECTIONS or COMMUNITY-BASED
CORRECTIONS have been legally accepted by most
countries in the world, so with the Philippines.
The Community-Based Correctional Treatment
Programs (Non-Institutional Corrections)

 The Non-Institutional Corrections or

Community-Based Treatment Programs are
those programs that are intended to treat
criminal offenders within the free
community as alternatives to confinement.
 It includes all correctional activities directly
addressed to the offender and aimed at
helping him to become a law-abiding
citizen.
Basic Principles Underlying the Philosophy of
Community-Based TPs

1. Humanitarian Aspect
2. Restorative Aspect
3. Managerial Aspect
 Humanitarian Aspect
• Imprisonment is not always
advisable. Placing a person to
custodial coercion is to place him
in physical jeopardy, thus
drastically narrowing his access to
sources of personal satisfaction
and reducing his self-esteem.
 Restorative Aspect
• There are measures expected to be
achieved by the offender, such as an
establishment of a position in the
community in which he does not violate
the laws. These measures may be
directed at changing and controlling the
offender. The failure of the offender to
achieve these can result to recidivism.
 Managerial Aspect
• Managerial skills are special
importance because of the sharp
contrast between the per capital cost
of custody and any kind of community
program. It is easier to manage those
undergoing community based
treatment programs than that of
custodial control.
Forms of Community-Based Correctional TPs

1.Probation
2.Parole
3.Forms of Executive Clemency
A. Pardon (Absolute and Conditional)
B. Commutation of Sentence
C. Reprieve
D. Amnesty
4. Good Conduct Time Allowance (GCTA)
Agencies responsible in the supervision and
administration of Community-Based TPs
1. DOJ as the lead agency / implementer
2. The Parole and Probation Administration
(PPA) created under PD 968
3. The Board of Pardons and Parole (BPP)
created under Act No 4103 and further
strengthened by EO No 292.
4. The Council for the Welfare of Children (CWC)
created under PD 603
5. The Juvenile Justice and Welfare Council
(JJWC) created under RA 9344
 Legal Bases of Community-Based
Correctional TPs
1. PD 968 (Probation Law)
2. Act No 4103 (Indeterminate Sentence Law or
Parole Law) as amended by Act No 4225 and
further amended by RA 4203
3. Sec 19, Art VII, 1987 Philippine Constitution
(Executive Clemencies)
4. Article 97, RPC (Good Conduct Time Allowance)
and Act No 2489 (Industrial Good Time Law)
5. PD 603 (Child and Youth Welfare Code)
6. RA 9344 (Juvenile Justice Act) End of
Chapter I
 Chapter II
PROBATION
 Sub-Topics for Probation
1.Historical Background of Probation
2.The Adult Probation Law (PD 968)
3.The Probation and Parole Administration
(PPA) of the Philippines
4.Other Forms of Probation in the Philippines
a. PD 603 or the Child & Youth Welfare Code
b. RA 9165 or The Comprehensive Dangerous
Drugs Act of 2002
c. Article 12 of the Revised Penal Code
d. RA 9344 or the Juvenile Justice Act of 2006
 What is Probation?
• PROBATION is a term coined by John
Augustus, From the Latin verb "probare"
which means to prove or to test.
• Probation is a disposition whereby a
defendant, after conviction of an offense, the
penalty of which does not exceed 6 years of
imprisonment, is released subject to the
conditions imposed by the releasing court and
under the supervision of a probation officer.
General Concept of Probation
• Probation is a substitute for
imprisonment, the probationer is
compared to an out-patient, a sick
person who does not need to be
hospitalized because his illness is
considered less serious.
 The Probation Law and PPA
• Presidential Decree 968 otherwise
known as the “Philippine Probation
Law” approved and took effect on July
24, 1976. Section 18, PD 968 as
amended states the creation of
Probation Administration under the
DOJ, which shall exercises general
supervision over all probationers.
The Advantages of Probation
1. The convicted criminal
offender can continue to work
in his place of employment.
2. It prevents the tendency of
broken homes.
3. It relieves prison congestion.
 History of Probation
• 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.
 History of Probation
• The birth of Probation was said to be at
England in the year 1841.
• Two names are most closely associated
with the founding of probation: (1)
Matthew Davenport Hill, an 18th
century English barrister and judge, and
(2) John Augustus, a 19th Century
Boston shoemaker/boot-maker.
Matthew Davenport Hill (6 August 1792 – 7 June
1872) was an English lawyer and penologist.
 Matthew Davenport Hill
• As a young professional in England, 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. When 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
took charge of them. Hill had police officers pay periodic
visits to these guardians in an effort to tack the
offender's progress and to keep a running account.
 Matthew Davenport Hill
• He practiced methods which includes
suspending judgment and releasing the
convicts in his own recognizance with a
pledge not to commit any crimes.
• He was held as the “Father of Probation in
England” for working as guardians of
parents and employers of juvenile and first-
time offenders to save them from the
stigma of prison life.
John Augustus
 John Augustus
• John Augustus, the "Father of Probation“, is
recognized as the first true probation officer. 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 convinced that abusers of alcohol could be
rehabilitated through understanding, kindness and
sustained moral suasion, rather then through
conviction and jail sentences.
 John Augustus
• In 1841, He attended police court to bail out a "common
drunkard," hence, he was the first probationer. The
offender was ordered to appear in court three weeks
later after sentencing.
• He began an 18-year career as a volunteer probation
officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers
taken under his wing. Close attention was paid to
evaluating whether or not a candidate would likely
prove to be a successful subject of probation. The
offender's character, age and the people, places and
things influence him/her were all considered.
 John Augustus
• He was subsequently credited with
founding Investigations, one of three
main concepts of modern probation,
the other two being Intake and
Supervision. Augustus, who kept
detailed notes on his activities, was
also the first to apply the term
"probation" to this process of treating
offenders.
 John Augustus
• By 1858, He had provided bail for 1,946 men and
women, young and old. Reportedly, only ten of
this number forfeited their bond, a remarkable
accomplishment when measured against any
standard. His reformer's zeal and dogged
persistence won him the opposition of certain
segments of Boston society as well as the
devotion and aid of many Boston philanthropists
and organizations. The first probation statute,
enacted in Massachusetts shortly after this death
in 1859, was widely attributed to his efforts.
 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
Philippine Legislature on 7 August 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.
 Probation in the Philippines
• 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.
 Probation in the Philippines
• 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 indorsed the establishment of an
Adult Probation System in the country.
• On 24 July 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976, was signed
into Law by the President of the Philippines.
 Probation in the Philippines
• The operationalization 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 U.S.A. for orientation
and training in probation administration. Upon their
return, they were assigned to train the newly
recruited probation officers.
 Probation in the Philippines
• The probation system started to
operate on January 3, 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.
 Purposes of the Probation Law
1. to promote the correction and
rehabilitation of an offender by
providing him with individualized
treatment;
2. to provide an opportunity for the
reformation of a penitent offender
which might be less probable if he were
to serve a prison sentence; and
3. to prevent the commission of offenses.
PD 968 or the Adult Probation Law
• Sec 1. Title: Known as the
Probation Law of 1976.
• Sec 2. Coverage: It shall apply to
all first-time offenders except
those entitled to the benefits
under the provisions of PD 603
and similar laws.
 Important Terms (Sec 3)
• “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.
• “Probationer” means a person placed on
probation.
• “Probation Officer ” Means one who
investigates for the court a referral for
probation or supervises a probationer or both.
(d) “Absconding Probationer” – a person
whose probation was granted but failed
to report for supervision within the
period ordered by the court or a
probationer who fails to continue
reporting for supervision and/ whose
where about are unknown for a
reasonable period of time.
 Grant of Probation (Sec 4)
• 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.
 Grant of Probation (Sec 4)
• Probation may be granted whether the
sentence imposes a term of imprisonment
or a fine only. An 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
waver of the right to appeal, or the
automatic withdrawal of a pending appeal.
 Grant of Probation (Sec 4)
• An order granting or denying
probation shall not be
appealable.
 Grant of Probation (Sec 4)
Application of Probation to be more specific:
• Application for probation shall be filled with the
trial court which has jurisdiction over the case.
• Time of filling shall be any time after conviction
and sentence but within the period for perfecting
as appeal (15 days) as provided by the Rules of
Court.
• The application shall be in the form approved by
the Secretary of Justice as recommended by the
Administrator.
Post-sentence Investigation (Sec 5)
• 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.
• Note: PSI is mandatory. It is a pre-requisite in
granting probation
Purpose of Post-Sentence Investigation
• To be able the trial court to determine
whether or not the applicant would be served
by the grant or denial of the application.
POST SENTENCE INVESTIGATION PROCEDURE
A. Preliminary Procedure – The probation
officer, upon receipt of the order from the court
shall assign the same to a probation officer to
conduct the post-sentence investigation
B. Initial Interview – Within five working days
from receipt of the court order, the probation
officer shall interview the petitioner to
accomplish under an oath a worksheet (P.A
Form No. 1) the information contained in the
worksheet shall serve as the basis for further
investigation.
• The petitioner shall sign a waiver (P.A Form
No. 2) authorizing the Probation
Administration to secure any and all pertinent
documents and information.
C. Investigation- Upon completion of
Worksheet. The probation Officer shall
conduct thorough investigation on the
antecedents, mental and physical
condition, character and socio-economic
status of the petitioner. The Probation
Officer shall determine and recommend
manner by which the petitioner will be
supervised if granted probation.
c.1 Collateral Information – In the gathering of
collateral information, person who have
knowledge of the petitioner of the victim and or
relatives shall be interviewed.

D. Subsequent Interviews – The probation

officer shall conduct subsequent interviews of
the petitioner and/or other person to secure
additional data or clarity discrepancies between
the information received from the petitioner
and those secured by other sources.
E. Nature of Interviews – The information
gathered from the interviews of petitioner and
collateral information sources shall be
confidential in nature and the petitioner need
not be represented by counsel.
F. Post Sentence Information – The probation
officer shall inform the petitioner of the
confidentiality of the information taken during
the post sentence investigation and the extent
to which said information may be divulge in
accordance with sec. 17 of PD 968.
POST-SENTENCE INVESTIGATION REPORT

A. Post-Sentence Investigation Report – Upon

completion of Post-sentence Investigation, The
Head of Probation shall submit a Post sentence
Investigation Report (P.A Form No. 3) to the
court within the period prescribed in Section 7
of these rules.
B. Content of the Report – The report shall contain
among others:
• The circumstances surrounding of the offense for
which the petitioner was convicted drawn from the
court records, police records statement of the
defendant, the aggrieved party and others who may
have knowledge on the commission of the offense if
available and willing to interview.
• Psycho-social information regarding the petitioner.
• Evaluation of petitioner suitability for probation and
his potential for social-reintegration into the
community.
• Recommendation either (a) grand the petition for
probation, which shall include the program for
supervision and the suggested terms and conditions
for probation, or (b) deny the petition for probation
and
• Information regarding the petitioners financial
capability to meet or satisfy his civil obligation if any.

C. Who signs the report - The report shall signed by the

investigating probation officer and approved by the
head of the probation office who shall also initial all the
pages of the report.
Section 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
Administrator and approved by the Secretary of
Justice.
 Period for Submission of
Investigation Report (Sec 7)
• 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.
 Period for Submission of
Investigation Report (Sec 7)
• 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.
Criteria for Placing an Offender on
Probation (Sec 8)
• 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.
Court’s Denial of Probation (Sec 8)
1. the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
2. there is undue risk that during the period
of probation the offender will commit
another crime; or.
3. probation will depreciate the seriousness
of the offense committed..
 Disqualified Offenders (Sec 9)
1. sentenced to serve a maximum term of imprisonment
of more than six years;
2. convicted of any offense against the security of the
State;
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; and
5. who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
General Conditions of Probation (Sec 10)
1. 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;.
2. Report to the probation officer at least
once a month at such time and place as
specified by said officer.
 Other Conditions of Probation (Sec 10)
• cooperate with a program of supervision;
• meet his family responsibilities;
• devote himself to a specific employment and
not to change said employment without the
prior written approval of the probation
officer;
• undergo medical, psychological or psychiatric
examination and treatment and enter and
remain in a specified institution, when
required for that purpose;.
 Other Conditions of Probation (Sec 10)
• pursue a prescribed secular study or
vocational training;
• attend or reside in a facility established for
instruction, recreation or residence of
persons on probation;
• refrain from visiting houses of ill-repute;
• abstain from drinking intoxicating beverages
to excess;
 Other Conditions of Probation (Sec 10)
• permit the probation officer or an authorized
social worker to visit his home and place of
work;
• reside at premises approved by it and not to
change his residence without its prior written
approval; or
• 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.
 Quiz:
1. Give at least 5 Conditions of Probation under
sec 10 of PD 968 (2 points each)
2. Give at least 2 Disqualified Offenders in
granting probation under sec 9 of PD 968
(2points each)
3. how many days Period for Submission of
Investigation Report under Sec 7 of PD 968
4. PD 968 is also known as?
5. PD 968 is approved on ________ ?
6. Date of PD 968 operate?
7. PD 968 is approved by?
8. Define Probation Officer? 2 points
9. Define Probationer? 2 points
10. Define Absconding Probationer? 2 points
Quiz:
 Effectivity of Probation Order (Sec 11)
• 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.
 Modification of Condition of
Probation (Sec 12)
• 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.
 Control and Supervision of
Probationer (Sec 13)
• 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.
 Control and Supervision of
Probationer (Sec 13)
• 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.
 Period of Probation (Sec 14)
• (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.
 Arrest of Probationer; Subsequent
Disposition (Sec 15)
• At any time during probation, the court may issue
a warrant for the arrest of a probationer for
violation of any of the conditions of probation. The
probationer, once arrested and detained, shall
immediately be brought before the court for a
hearing, which may be informal and summary, of
the violation charged. The defendant may be
admitted to bail pending such hearing. In such a
case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to
probationers arrested under this provision.
 Arrest of Probationer; Subsequent
Disposition (Sec 15)
• If the violation is established, the court may
revoke or continue his probation and modify
the conditions thereof. If revoked, the court
shall order the probationer to serve the
sentence originally imposed. An order
revoking the grant of probation or modifying
the terms and conditions thereof shall not
be appealable.
 Termination of Probation (Sec 16)
• 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 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 Probation Administration
(Sec 17-30)
• The agency under DOJ that shall exercise
general supervision over all probationers.
• The Administration is headed by the
Probation Administrator and assisted by
an Assistant Probation Administrator
(both appointed by the President upon
the recommendations of the DOJ
Secretary).
The Probation Administration
(Sec 17-30)
• Regional, Provincial and City
Probation Offices are likewise
created and are headed by a
Regional, Provincial and City
Probation Officers.
 Qualifications of 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.
End of
Chapter II
 PAROLE AND PROBATION
ADMINISTRATION
• 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.
• The Probation Administration was created by
virtue of Presidential Decree 968, “The
Probation Law of 1976”, to administer the
probation system. Under Executive Order
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 or are granted pardon
with parole conditions.
 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.
 VISION
• A model component of the Philippine Correctional
System that shall enhance the quality of life of its
clients through multi-disciplinary programs and
resources, an efficient organization, and a highly
professional and committed workforce in order to
promote social justice and development.
 Mandate
• The 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: (a) promote the reformation of
criminal offenders and reduce the incidence of
recidivism; and (b) provide a cheaper alternative to
the institutional confinement of first-time offenders
who are likely to respond to individualized,
community-based treatment programs.
 Functions
• The Agency, through its network of 15 regional and
221 field parole and probation offices performs the
following functions:
• (a) to administer the parole and probation system;
(b) to exercise supervision over parolees, pardonees
and probationers; and (c) to promote the correction
and rehabilitation of criminal offenders.
 SERVICE OBJECTIVES

• To provide the courts with relevant

information and judicious recommendation
for the selection of offenders to be placed on
probation.
• To provide the Board of Pardons and Parole
with necessary and relevant information
which can be used in determining a prisoner's
fitness for parole or any form of execuitve
clemency.
• To prevent recidivism and protect the
community through a well-planned
supervision of probationers,
parolees, pardonees, and first-time minor
drug offenders.
 ADMINISTRATIVE OBJECTIVES

1. To recruit qualified employees and volunteer aides, and to

promote their continuing professional development.
2. To continuously improve staff and line service through
adequate personnel supervision, and periodic Evaluation.
3. To actively participate in the government's jail decongestion
program, and in this connection, to give priority to
detention prisoners in our public information drives.
4. To cooperate and coordinate with other agencies of the
government.
ORGANIZATIONAL CHART
 PAROLE
• Parole - refers to the conditional release of an
offender from a correctional institution after
he has served the minimum of his prison
sentence.
HISTORY OF PAROLE
• Alexander Maconochie,
captain in the Royal
Navy, introduced the
modern idea of parole
when, in 1840, he was
appointed
superintendent of the
British penal colonies
in Norfolk Island,
Australia
• FATHER OF PAROLE
 Mark System or Progressive Humane System

– Introduce by Alexander Maconochie Superintendent of Norfolk

Island Penal Colony in Australia system which punishment of one’s
crime committed was still maintained but, a process of reform where
provided to the offenders. Prisoners were encouraged for good
behavior for them to gain incentives that would lead to their early
release. This concept was called the “Mark System” which became
the forerunner of Good conduct and Time Allowance and Parole
System and Maconochie gained the title “Father of Parole”.
UNITED STATES
• Penologist Zebulon
Brockway introduced
parole when he became
superintendent of Elmira
Reformatory in
Elmira, New York.
• Father of prison reform
and Father of American
Parole
 The Elmira Reformatory
In 1876, the first reformatory institution was opened in
Elmira, New York. The Elmira reformatory was under
direction of Zebulon Brockway. Zebulon Brockway
introduced the enlightened approaches to the prisoners
but still maintains strong mine of the prisoners. To
manage prison populations and rehabilitate those
incarcerated, he instituted a two-part strategy that
consisted of indeterminate sentences and parole
releases.
Walter Crofton
 governor of the Irish prison
 He initiated a system in three classes
-strict imprisonment, indeterminate
sentences, and tickets of leave.
• On 1854, Sir Walter Crofton established the Irish System concept of ticket-of-
leave system. Where offenders could earn their early release by stages:
• First stage, Stage solitary confinement for nine months at a certain prisoners
with reduce diet
• - Second stage, they were assigned to spike island where they work on public
works projects.
• - Third stage, prisoners were assigned in field units in which they worked
directly to the community projects with unarmed guards supervising them.
• - Fourth stage, prisoners worked in the community without supervision,
moving freely between prisons and the community.
• - Fifth stage, prisoners who were able to follow the stages successfully were
awarded the “ticket of leave”.
IMPORTANT TERMS:
- Parole was first used in the United States in New York in
1876.
- Parole officer is a law enforcement specialist who works
with individuals who have been released from prison after
serving a partial sentence.
- Parole board is a panel of people who decide whether an
offender should be released from prison on parole after
serving at least a minimum portion of their sentence as
prescribed by the sentencing judge.
- “Parolee” refers to a prisoner who is released on parole.
- “Petitioner” refers to the prisoner who applies for the
grant of executive clemency or parole.
- “Parole Supervision” refers to the supervision/surveillance
by a Probation and Parole Officer of a parolee/pardonee.
 Qualified for Parole
Grant of Parole – a) 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.
b) The prisoner is fit to be released based on the
report of his conduct and work.
c) The prisoner is fit to be released
d) He has served the minimum period of said
sentence.
 DISQUALIFICATION FOR PAROLE:
-Those convicted of an offense punished with Death
penalty, Reclusion Perpetua or Life imprisonment.
-Those convicted of treason, conspiracy or proposal to
commit treason or espionage.
-Those who are habitual delinquents.
-Those who escaped from confinement or evaded
sentence.
-Those who were granted Conditional Pardon and
violated any of the terms thereof.
-Those whose maximum term of imprisonment does
not exceed one (1) year or those with definite
sentence;.
-Those whose conviction is on appeal.
-Those who have pending criminal case/s.
-Those suffering from any mental disorder as
certified by a
governmentpsychiatrist/psychologist.
CONSIDERATION TO GRANT OF
PAROLE AND CONDITIONAL
PARDON
a. the age of the petitioner, the gravity of the offense and the manner in
which it was committed, and the institutional behavior or conduct and
previous criminal record, if any;

b. evidence that petitioner will be legitimately employed upon release;

c. a showing that the petitioner has a place where he will reside;

d. availability of after-care services for the petitioner who is old,

seriously ill or suffering from a physical disability;

e. attitude towards the offense and the degree of remorse; and,

f. the risk to other persons, including the victim, his witnesses, his family
and friends, or the community in general, the possibility of retaliation
by the victim, his family and friends.
SPECIAL CONSIDERATIONS FOR
THE GRANT OF PAROLE AND
CONDITIONAL PARDON
a. youthful offenders;

b. prisoners who are sixty (60) years old and above;

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;
The Indeterminate Sentence Law
(ISLAW)
(Act No. 4103 as amended)
• The basic mandate of the indeterminate
sentence law is the imposition of an
indeterminate sentence which is comprised by
a MINIMUM term and a MAXIMUM term.
• The court, instead of imposing a “straight”
penalty, must determine two penalties. It is
indeterminate in the sense that after serving
the MINIMUM, the convict may be release on
parole, or if he is not fit for release, he shall
continue serving his sentence until the end of
the MAXIMUM term
 Coverage of the Application
General Rule
All person convicted of any crimes under
Philippine courts, regardless whether it is in
violation of RPC or SPL, are qualified for
application of the Indeterminate Sentence
Law.
Exceptions
Those persons specifically disqualified by
law.
 Disqualified Persons:
ISLAW is not applicable to person who are:
1. Convicted of offenses punishable by death or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition espionage, or piracy.
3. Those who are habitual delinquents.
4. Those who shall have escaped from confinement or evaded sentence.
5. Those, who having been granted conditional pardon by the president,
shall have violated the terms thereof.
6. Those, whose maximum periods of imprisonment, do not exceed one
year.
7.if convicted by final judgement at the time of the effectivity of Act No.
4103
8. Those sentenced to the penalty of destierro or suspension.
• If the accused was granted parole and
violated some conditions of the parole, What
will happen?
• A warrant of arrest will be issued by the court
and the accused will be made to serve the rest
of the remaining or unexpired portion of his
sentence. (But in probation you go back to
number 1, serving of sentence will be from
the beginning)
• CLASSIFICATION OF PENALTIES (DURATION OF
IMPRISONMENT)

• CAPITAL PUNISHMENT- Death

• AFFLICTIVE PENALTIES
• Reclusion perpetua- 20 years and 1 day to 40 years
• Reclusion Temporal – 12 years and 1 day to 20 years
• Prision Mayor – 6 years and 1 day to 12 years
• CORRCTIONAL PENALTIES
• Prision Correctional- 6 months and 1 day to 6 years
• Arresto Mayor – 1 month and 1 day to 6 months
• LIGHT PENALTIES
• Arresto Menor – 1 day to 20 days
(As Amended by Act No.
4225 and Republic Act
No. 4203 [June 19,
1965])
 AN ACT TO PROVIDE FOR AN
INDETERMINATE SENTENCE AND
PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES
BY THE COURTS OF THE
PHILIPPINE ISLANDS; TO CREATE
A BOARD OF INDETERMINATE
SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR
OTHER PURPOSES.
 Section 1.
• Hereafter, in imposing a prison sentence for an offense
punished by the Revised Penal Code, or its amendments, the
court shall sentence the accused to an indeterminate sentence
the maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the
rules of the said Code, and the minimum which shall be within
the range of the penalty next lower to that prescribed by the
Code for the offense; and if the offense is punished by any
other law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the minimum shall
not be less than the minimum term prescribed by the same.
 Section 2.
• This Act shall not apply to persons convicted of offenses
punished with death penalty or life-imprisonment; to those
convicted of treason, conspiracy or proposal to commit treason;
to those convicted of misprision of treason, rebellion, sedition
or espionage; to those convicted of piracy; to those who are
habitual delinquents; to those who have escaped from
confinement or evaded sentence; to those who having been
granted conditional pardon by the Chief Executive shall have
violated the terms thereof; to those whose maximum term of
imprisonment does not exceed one year, not to those already
sentenced by final judgment at the time of approval of this Act,
except as provided in Section 5 hereof.
 Section 3.
• There is hereby created a Board of Pardons and Parole to be composed of
the Secretary of Justice who shall be its Chairman, and four members to be
appointed by the President, with the consent of the Commission on
Appointments who shall hold office for a term of six years: Provided, That
one member of the board shall be a trained sociologist, one a clergyman or
educator, one psychiatrist unless a trained psychiatrist be employed by the
board, and the other members shall be persons qualified for such work by
training and experience. At least one member of the board shall be a
woman. Of the members of the present board, two shall be designated by
the President to continue until December thirty, nineteen hundred and sixty-
six and the other two shall continue until December thirty, nineteen
hundred and sixty-nine. In case of any vacancy in the membership of the
Board, a successor may be appointed to serve only for the unexpired portion
of the term of the respective members.
 Section 4.
• The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties.
The Board is empowered to call upon any bureau, office, branch,
subdivision, agency or instrumentality of the Government for such
assistance as it may need in connection with the performance of its
functions. A majority of all the members shall constitute a quorum and a
majority vote shall be necessary to arrive at a decision. Any dissent from the
majority opinion shall be reduced to writing and filed with the records of the
proceedings. Each member of the Board, including the Chairman and the
Executive Officer, shall be entitled to receive as compensation fifty pesos for
each meeting actually attended by him, notwithstanding the provisions of
Section two hundred and fifty-nine of the Revised Administrative Code, and
in addition thereto, reimbursement of actual and necessary traveling
expenses incurred in the performance of duties: Provided, however, That
the Board meetings will not be more than three times a week.
 Section 5.
• It shall be the duty of the Board of Indeterminate
Sentence to look into the physical, mental and moral
record of the prisoners who shall be eligible to parole
and to determine the proper time of release of such
prisoners. Whenever any prisoner shall have served the
minimum penalty imposed on him, and it shall appear
to the Board of Indeterminate Sentence, from the
reports of the prisoner's work and conduct which may
be received in accordance with the rules and
regulations prescribed, and from the study and
investigation made by the Board itself, that such
prisoner is fitted by his training for release, that there is
a reasonable probability that such prisoner will live and
remain at liberty without violating the law, and that
such release will not be incompatible with the welfare
of society, said Board of Indeterminate Sentence may, in
its discretion, and in accordance with the rules and
regulations adopted hereunder, authorize the release of
such prisoner on parole, upon such terms
• and conditions as are herein prescribed and as may be
prescribed by the Board. The said Board of Indeterminate
Sentence shall also examine the records and status of
prisoners who shall have been convicted of any offense
other than those named in Section 2 hereof, and have been
sentenced for more than one year by final judgment prior
to the date on which this Act shall take effect, and shall
make recommendation in all such cases to the Governor-
General with regard to the parole of such prisoners as they
shall deem qualified for parole as herein provided, after
they shall have served a period of imprisonment not less
than the minimum period for which they might have been
sentenced under this Act for the same offense.
 Section 6.
• Every prisoner released from confinement on parole by virtue of this Act
shall, at such times and in such manner as may be required by the conditions
of his parole, as may be designated by the said Board for such purpose, report
personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence 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 of
Indeterminate Sentence as herein provided. The officials so designated shall
keep such records and make such reports and perform such other duties
hereunder as may be required by said Board. The limits of residence of such
paroled prisoner during his parole may be fixed and from time to time
changed by the said Board in its discretion. If during the period of surveillance
such paroled prisoner shall show himself to be a law-abiding citizen and shall
not violate any of the laws of the Philippine Islands, the Board of
Indeterminate Sentence may issue a final certificate of release in his favor,
which shall entitle him to final release and discharge.
 Section 7.
• The Board shall file with the court which passed
judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of
conditional or final release and discharge issued in
accordance with the provisions of the next
preceding two sections.
 Section 8.
• Whenever any prisoner released on parole by virtue of this Act
shall, during the period of surveillance, violate any of the
conditions of his parole, the Board of Indeterminate Sentence
may issue an order for his re-arrest which may be served in any
part of the Philippine Islands by any police officer. In such case
the prisoner so re-arrested shall serve the remaining unexpired
portion of the maximum sentence for which he was originally
committed to prison, unless the Board of Indeterminate
Sentence shall, in its discretion, grant a new parole to the said
prisoner.
 Section 9.
• Nothing in this Act shall be construed to impair or
interfere with the powers of the Governor-General
as set forth in Section 64(i) of the Revised
Administrative Code or the Act of Congress
approved August 29, 1916 entitled "An Act to
declare the purpose of the people of the United
States as to the future political status of the people
of the Philippine Islands, and to provide a more
autonomous government for those Islands."
 Section 10.
• Whenever any prisoner shall be
released on parole hereunder he
shall be entitled to receive the
benefits provided in Section 1751 of
the Revised Administrative Code.
• Approved:
• December 5, 1933.
Chapter III
PAROLE
 Concept of Parole
• Is a form of supervised conditional
liberty from prison granted prior to the
expiration of sentence.
• It is designed to enhance the protection
of the community through the
supervision and rehabilitation of
selected offenders following their
release from prison.
 Philosophy behind Parole
• The modern of use of parole as a
correctional method stems from a
change in penal philosophy to
emphasize reform and
rehabilitation rather than
retribution and punishment.
 Parole Administration
• The Parole System in the
Philippines is administered by the
Department of Justice through its
Board of Pardons and Parole (BPP)
and the Parole and Probation
Administration (PPA).
 Origin of Parole
• It is derived from the French Word
“Parole d honeur” meaning, word of
honor; and is use in connection with
the release of prisoners based on
word of honor.
 Definition of Parole
• Is the conditional release of an
offender from a correctional
institution after he has served the
minimum of his prison service.
• Act No. 4103 otherwise known as the
“Indeterminate Sentence Law”
prescribes the Parole System in the
Philippines.
 Essential Requisites of Parole
1. That the offender is convicted;
2. The he serves part of his sentence in prison;
3. That he is released before the full expiration
of his sentence;
4. That said release is conditional, dependent
on his good behavior; and
5. That he remains on parole until the
expiration of his maximum sentence or until
he receives a final discharge from parole.
 Act No 4103
• An Act to provide for an Indeterminate
Sentence and Parole for all persons
convicted of certain crimes by the Courts of
the Philippine Islands; to create a Board of
Indeterminate Sentence and to provide
funds therefore and for other purposes.
• Simply, the Indeterminate Sentence Law or
Parole Law.
• The Act is amended by Act No 4225.
Indeterminate Sentence, Defined
• It refers to the term of imprisonment
with no definite duration within a
prescribed maximum.
• The prison term imposed after
conviction for a crime which does not
state a specific period of time or
release date, but just a range of time
(such as five to ten yeas).
 Important:

• The Board of Indeterminate

Sentence is now Board of Pardons
and Parole (BPP) under Act 4225
and further amended by RA 4203.
Guidelines for the
Grant of Parole
Eligibility for Review of Parole Case
• An inmate’s case may be eligible for
review by the board (BPP) provided:
1. Inmate is serving an indeterminate
sentence the maximum period of
which exceeds one year;
2. Inmate has served the minimum
period of the indeterminate sentence;
3. Inmate’s conviction is final and
executor;
Eligibility for Review of Parole Case
• In case the inmate has one or more co-accused
who had been convicted, the director/warden
concerned shall forward their prison records
and carpetas/jackets at the same time.
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national
penitentiary; unless the confinement of
said inmate in a municipal, city, district or
provincial jail is justified.
Disqualification for Parole (Sec 2)
1. Convicted of offenses punished with
Death Penalty and Life
Imprisonment;
2. Convicted of Treason, Conspiracy or
Proposal to Commit Treason or
Espionage;
3. Convicted of Misprision of Treason,
Rebellion, Sedition or Coup’d’etat;
 Disqualification for Parole (Sec 2)
4. Convicted or Piracy or Mutiny on the High
Seas or Philippine Waters;
5. Those who are Habitual Delinquents;
6. Those who escape from confinement or
evaded sentence;
7. Those who having been granted
conditional pardon by the President have
violated any of the terms thereof;
 Disqualification for Parole (Sec 2)
8. Those whose maximum term of imprisonment
does not exceed one year or those with
definite sentence;
9. Those convicted of offenses punished with
reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of RA
9346 enacted on June 24, 2006 amending RA
7659 dated Jan 1, 2004; and
10. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes.
Review Upon Petition or Referral by the
Correctional and/or Other Agencies

• A Parole case maybe reviewed by

the Board upon petition or referral
by the correctional and/or other
agencies if inmate is not otherwise
disqualified under the rule on
disqualification.
 Parole Supervision (Sec 27)
• After release from confinement, a client shall
be placed under the supervision of a Probation
or Parole Officer so that the former may be
guided and assisted towards rehabilitation.
• The period of parole shall extend up to the
expiration of the maximum sentence which
should appear in the Release Document,
subject to the provisions of Act No 4103 with
respect to the early grant of Final Release and
Discharge.
 Chapter IV
THE EXECUTIVE
CLEMENCY
 Introduction
• Generally, executive clemency is the
power vested to the President to pardon
or commute the sentence of a person
convicted of a crime.
• In the Philippines, the President has the
power to grant executive clemency to
convicts upon the recommendation of
the Board of Pardons and Parole.
 Objective
• Executive Clemency rests
exclusively within the sound
discretion of the President, and is
exercised with the objective of
preventing a miscarriage of
justice or correcting a manifest of
injustice.
 Legal Basis
• Section 19, Art VII of the 1987 Philippine
Constitution provides that except in cases if
impeachment, or as otherwise provided in
this Constitution, the President may grant
reprieves, commutations and pardons,after
conviction by final judgment…xxx.. He shall
also have the power to grant amnesty with
the concurrence of the majority of all the
members of the Congress…xxx
 Legal Basis
• Section 5, Article IX, also provides
that no pardon, amnesty, parole, or
suspension of sentence for the
violation of election rules, and
regulations shall be granted by the
President without a favorable
recommendation of the Commission.
Coverage of Executive Clemency
A. General Coverage
1. Absolute Pardon
2. Conditional Pardon

B. Other Forms
1. Amnesty
2. Commutation of Service
3. Reprieve
 Guidelines for the Grant of
Executive Clemency
• According to the BPP Revised
Manual (2006), and based on
newly amended rules, the
following are guideline for the
grant of executive clemency and
parole:
Sec 2: Consideration of Cases for
Executive Clemency
• The Board of Pardons and Parole
(BPP) may consider cases for
executive clemency upon
petition, or, referral by the Office
of the President.
 Sec 3: Extraordinary
Circumstances
• The Board shall recommend to
the President the grant of
executive clemency when any of
the following extraordinary
circumstances are present:
1. The Trial Court or Appellate Court in
its decision recommended the grant of
Executive Clemency for the inmate;
2. Under the peculiar circumstances of
the case, the penalty imposed is too
harsh compared to the crime
committed;
3. Evidence which the court failed to
consider, before conviction which
would have justified an acquittal of
the accused;
4. Inmates who were over fifteen (15) but
under eighteen (18) years of age at the
time of the commission of the offense;
(repealed by RA 9344);
5. Inmates who were seventy (70) years
old and above and whose continued
imprisonment is inimical to their health
as recommended by a physician of the
Bureau of Corrections Hospital and
certified under oath by a physician
designated by DOH;
6. Inmates who suffer from serious contagious or
life-threatening illness disease, or with severe
physical disability such as those who are totally
blind, paralyzed, bedridden, etc., as
recommended by a Physician of the BuCor
Hospital and certified under oath by a
Physician designated by the DOH;
 Sec 4: Other Circumstances
• When none of the extraordinary
circumstances enumerated in Sec 3 exist,
the Board may nonetheless review
and/or recommend to the President the
grant of executive clemency to an inmate
pursuant to the guidelines specified
under each executive clemency (pardon,
parole, amnesty, commutation of
sentence and reprieve).
Chapter V
PARDON
 Pardon

• Is a form of executive clemency

which is exercised by the Chief
Executive.
• It is an act of grace and the
recipient of pardon is not entitled
to it as a matter of right.
 Pardon
• The exercise of pardon is vested in the
Executive, is discretionary and is not
subject to review by the courts.
Neither does the Legislative Branch of
the government have the right to
establish conditions nor provide
procedures for the exercise of
clemency.
Legal Bases of the Pardoning Power
of the President
• Article VII, Section 19 of the 1987
Philippine Constitution states that
“Except in cases of impeachment, or
otherwise provided in the constitution,
the President may grant reprieves,
commutations, and pardons,….xxxx He
shall also have the power to grant
amnesty…..xxx
 The Pardoning Power

• This power cannot be taken away

from the President nor can the
exercise thereof be subject to
limitations or conditions. Neither may
the courts inquire into the wisdom or
reasonableness of any pardon granted
by the President. His discretion is
absolute.
 The Pardoning Power

• It extends to all offenses, including

criminal contempt (disrespect to or
disobedience to a court which
amounts to a crime). It does not give
the President the power to exempt,
except from punishment, anyone from
the law.
Constitutional Definition of Pardon

• Pardon has been defined as an act of

grace proceeding from the power
entrusted with the execution of the
laws (President) which exempts the
individual on whom it is given, from
the punishment the law inflicts for a
crime he has committed.
 Kinds of Pardon
1. Absolute
– When it is not subject to any condition
whatsoever. It becomes effective when
made.
2. Conditional
– When it is given subject to any condition or
qualification the President may see fit. It
must be accepted by the offender to become
effective.
Limitations of the Pardoning Power

1. It may not be exercised for offenses in

impeachment cases;
2. It maybe exercised only after conviction by final
judgment; and
3. In case of violation of election law or rules and
regulations, no pardon, parole or suspension of
sentence may be granted without the
recommendation of the COMELEC.
 Effects of Pardon
1. It removes penalties and disabilities and
restores him to his full civil and political rights;
2. It does not discharge the civil liability of the
convict to the individual he has wronged as
the President has no power to pardon a
private wrong; and
3. It does not restore offices, property, or rights
vested in others in consequence of the
conviction.
 Nature of Conditional Pardon
• Conditional pardon is in the nature of a contract, so that it
must first be accepted by the recipient before it takes effect.
The pardonee is under obligation to comply strictly with the
conditions imposed therein; otherwise, his non-compliance
will result to the revocation of the pardon. (Art. 95, RPC). If
the pardonee violates any of the conditions of his pardon, he
will be prosecuted criminally as a pardon violator. Upon
convictions, the accused will be sentenced to serve an
imprisonment of prison correctional. However, if the penalty
remitted by the granting of such pardon be higher than six
years, the pardonee will be made to serve the unexpired
porion of his original sentence. (Art. 159, RPC)
How Conditional Pardon is Given
• Conditional Pardon may be commenced by a petition filed
by the prisoner, his family or relative, or upon the
recommendation of the prison authorities. The petition or
request is processed by the Board of Pardons and Parole.
The Board shall determine if the prisoner has served a
sufficient portion of his sentence; his release is not inimical
to the interest of the community; and that there is
likelihood that the offender will not become a public charge
and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition
favorably to the President. If the case is premature, the
petitioner is so informed.
 Chapter VI
COMMUTATION
OF SENTENCE
 Commutation
• Is the reduction of the sentence
imposed to a lesser punishment, as
from death to life imprisonment. It
may be granted without the
acceptance and even against the
will of the convict.
• It is granted only by the President.
 Purposes of Commutation
1. To break the rigidity of the law.
2. To extend parole in cases where
the parole law does not apply.
3. To save the life of a person
sentenced to death.
 Procedure for Commutation
• When the sentence of death penalty is confirmed by the
Supreme Court, the condemned man or the head of the
prison system (Director of Prisons) may file a petition for
commutation. The prisoner is subjected to a social,
psychological and psychiatric examination by the Staff of the
Reception Center. The inquiry will include the sociological
history of the prisoner, his criminal history, mental
psychological capacities, work history, etc., the purpose of
which is to determine the degree of involvement in crime the
prisoner is in, and to determine if he deserves to be given a
new lease in life. The petition is then forwarded to the Board
of Pardons and Parole, together with the reports of
examinations of the reception and Diagnostic Center and the
recommendation of the Director of Prison on the petition.
 Procedure for Commutation
• The Board of Pardons and Parole processes the
petition and will deliberate on a recommendation
after a careful study of the papers, including the
reports of the Reception and Diagnostic Center. It will
them forward the petition, including its
recommendation to the President. The President
will then act on the petition. In giving or denying
commutation, the President may not follow the
recommendation of the Board of Pardons and
Parole.
Chapter VII
AMNESTY
 Amnesty
• Is an act of the sovereign power
granting oblivion or a general
pardon for a past offense usually
granted in favor of certain classes
of persons who have committed
crimes of a political character, such
as treason, sedition, or rebellion.
 Effect of Amnesty
• Amnesty abolishes and puts into
oblivion the offense of which
one is charged, so that the
person released by amnesty
stands before the law precisely
as though he had committed no
offense.
 Generalities on Amnesty
1. It is granted by the President with the
concurrence of Congress before or after
conviction.
2. Is an act of forgetfulness (it puts into oblivion
the offense of the person released through
amnesty)
3. Is granted for crimes against the sovereignty of
the State
4. It is a Public Act of the President through
Proclamation with the concurrence of Congress
which the Courts will take judicial notice.
Chapter VIII
REPRIEVE
 Reprieve
• Is the postponement of the
execution of a death sentence to a
certain date. It is different from
suspension of sentence which is the
postponement of a sentence for an
indefinite time
END…