NON-INSTITUTIONAL

CORRECTION

Community Based Program

 NON-INSTITUTIONAL
CORRECTION/COMMUNITY-BASED
CORRECTIONAL
Refer to that method of correcting sentenced offenders
without having to go to prison
The 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.
Advantages of Community - Based Correction

1. Family members need not be victims also for the

imprisonment of a member because the convict can still
continue to support his family.
2. Rehabilitation will be more effective as the convict will not be
exposed to hardened criminals in prisons who will only
influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus
corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of
incarcerations will be eliminated which is extremely beneficial on
the part of the government.
Basic Principles Underlying the Philosophy of Community-
based Treatment Programs
1. 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.
2. 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.
3. 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.
The Role of Community Corrections in the
Criminal Justice System
➢Community sentence seeks to repair the harm the offender has
caused the victim or the Community, provide for public safety
and rehabilitate and promote effective reintegration.
➢A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community
correctional programs has two potentially competing roles that
reflect different goals:
a. Seeing that offenders comply with the orders of community
sentences.
b. Helping offenders identify and address their problems and needs.
Types of Non-institutional Correction Programs
Probation
➢It 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.
Indeterminate Sentence Law / Parole Program
➢It is that type of correctional program that enables the convicted felon after
serving the minimum imposable penalty may be eligible for release on parole.
Executive Clemency
➢It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted
prisoners
Restorative Justice Program
➢It refers to the program enacted under RA 9344 for CICL’s that requires a
CICL’s to undergo after he/she is found responsible for an offense without
resorting to formal court proceeding like diversion, intervention and
Community based programs.
Agencies Concerned
Parole and Probation Administration (PPA)
✓Headed by Administrator
✓Handles the Investigation petitioners for Probation & Supervision of Probationer,
Parolees, and Conditional Pardonees.
✓Hon. Teodulo Natividad was the first Administrator
Board of Pardons and Parole (BPP)
✓Headed by Chairman (DOJ Undersecretary)
✓Responsible for grant of Parole and recommending Executive Clemency to the
President ( E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
✓ Act. 3202, PD 603
✓ JJWC (9344) IJISC (10630)
✓Headed by DSWD Undersecretary as Chairman
✓renders services for Children in Conflict with the Law (CICL)
PROBATION
Probation
➢One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from
incarceration.
➢A term coined by John Augustus, from the Latin verb “Probare”- to
prove, to test.
➢Latin word “Probatio” coined by Frederick Renier which means
testing period
➢It is a disposition under which 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.
 Benefits Of Probation
1. Protects of society and jails
a. From excessive e cost of b. Lessen the clogging of courts.
detention. c. Enlighten loads of prosecutors.
b. From the high rate of recidivism. 5. Helps the offender
2. Protects the victim a. Maintain his earning power.
a. It provides restitution. b. Provides rehabilitation in the
b. It preserves justice. community.
3. Protects the family c. Restore his dignity.
a. It does not deprive the wife and 6. Justifies the philosophy of men
children of husband. a. Life is sacred.
b. It maintains the unity of the b. All men deserve second chance.
homes
4. Assist the government c. Individual can change.
a. Reduce the population of prison
PAROLE AND PROBATION
ADMINISTRATION
OMNIBUS RULES ON
PROBATION METHODS
AND PROCEDURES
"Probation" - a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the Trial Court and to the supervision of a Probation
Officer; (OLD)

"Probation" — a privilege granted by the State under which a

defendant, after conviction and sentence, is released subject to
conditions imposed by Trial Court and to the supervision of a
Probation Officer. (NEW)
 POLICY OBJECTIVES AND
DECLARED PURPOSES
This Rules is adopted to carry out the following purposes:
a) To promote the correction and rehabilitation of an offender by
providing him with individualized community-based treatment;
b) b) To provide an opportunity for his/her reformation and
reintegration into the community; and c) To prevent the
commission of offenses.
AMICUS CURIAE
Upon written invitation by the Trial Court, the
Administrator and/or Deputy Administrator, for the
Agency Level, Regional Director for the Regional
Level, CPPO for the City or Provincial Level may
appear as amicus curiae on any probation
investigation and supervision issue, concern or
matter.
 APPLICATION FOR PROBATION
Who may apply for Probation. – Offenders who are convicted
by final judgment and sentenced with imprisonment and/or fine
with subsidiary imprisonment, who are not specifically
disqualified by law.
 DISQUALIFIED OFFENDERS (PD 968)
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 not 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
hereof.
 OFFENDERS DISQUALIFIED.—
PROBATION SHALL NOT BE EXTENDED
TO THOSE (RA 10707):
a) Disqualified under the provision of Section 9 of PD No. 968, as amended:
(i) sentenced to serve a maximum term of imprisonment of more than six (6)
years;
(ii) convicted of any crime against national security;
(iii) 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);
(iv) who have been once on probation under the provisions of this Decree;
(v) who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof;
Violation of the Following shall Disqualify an
Offender to avail of the Benefits of Pd 968, as amended
1. Video gram Law (PD 1987)
2. Omnibus Election code (BP 881)
3. Wage Rationalization Act (R.A 6727)
4. Comprehensive Dangerous Drugs act (R.A 9165) except:
➢Sec. 12 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous
➢Sec. 14 - Possession of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs during Parties, Social Gatherings or Meetings.
➢Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
➢Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu
of Imprisonment.
✓ A drug dependent who is discharged as rehabilitated by the DOH-accredited center through
the voluntary submission program but does not qualify for exemption from criminal liability
under Section 55 of the Act may be charged under the provisions of the Act, but shall be
placed on probation and undergo community service in lieu of imprisonment and/or fine in the
discretion of the court.
NOTE:
RA 9165
Section 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers. – Any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by
the Probation Law or Presidential Decree No. 968, as amended.
Filing. — Application for probation shall be filed with the Trial
Court which has jurisdiction over the case.

Time for Filing. — The petitioner shall file his/her application

with the Trial Court at any time after conviction and sentence but
within fifteen (15) days from the promulgation of judgment or
within the period of perfecting his/her appeal.
 WHEN AN ACCUSED WHO APPEALED
MAY STILL APPLY FOR PROBATION
When a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, regardless of the nature of such appeal,
and the judgment is modified by an appellate court through the
imposition of a lesser penalty or conviction for a lesser crime which is
probationable, the accused shall be allowed to apply for probation based
on the modified decision within fifteen (15) days from receipt by the
accused or counsel of the modified decision.
 The application for probation based on the modified decision
shall be filed in the court of origin or in the trial court where such case
has been re-raffled. The Petition for Probation must include a Certified
True Copy of the Modified Decision of the Appellate Court. Moreover,
the Petitioner should inform the appellate court of its intention to apply
for probation by filing a manifestation or copy furnishing it of its petition
to apply for probation. This notwithstanding, the accused shall lose the
right to apply for probation on a modified decision should he/she seek
a review of the modified decision which already imposes a
probationable penalty. (As amended by RA 10707)
 PROBATION OF SOME ACCUSED AFTER
JOINT TRIAL AND CONVICTION
When two (2) or more accused are tried jointly and
convicted, and some have taken further appeal, the other
accused who did not file an appeal may apply for probation by
filing a petition for probation within fifteen (15) days from the
promulgation of judgment or notice thereof and attaching thereto
a certified true copy of the judgment of conviction. The trial court
shall act on the petition for probation even after it shall have
forwarded the entire records of the case to the appellate court
and despite the pendency of the appeal of the other accused.
 The filing of probation of one or more several accused
shall make the decision of the trial court final as to them but
not to those who have taken further appeal. The decision in the
appeal shall not affect those who applied for probation except
insofar as the judgment of the appellate court is favorable and
applicable to the latter
SECTION 12. Form. — The application for probation shall be in
the form approved by the Secretary of Justice as recommended
by the Administrator or as may be prescribed by the Supreme
Court.

SECTION 13. Notice to the Prosecuting Officers of the Filing

of the Application.— The Trial Court shall notify the concerned
Prosecuting Officer of the filing of the application at a reasonable
time it deems necessary before the scheduled hearing thereof.

SECTION 14. Comment. — The Prosecuting Officer may submit

his/her Comment on the application within ten (10) days from
receipt of the notification.
SECTION 15. Referral to Proper Probation Office. — If the Trial Court
finds that the application is in due form and the petitioner appears to be
legally qualified for the grant of probation, it shall order the Probation
Office within its jurisdiction to conduct a Post Sentence Investigation
(PSI) on the petitioner.
SECTION 17. Effects of Filing and Receipt. —The Trial Court may,
upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
SECTION 18. Bail or recognizance pending resolution of
application.—Pending submission of the Post-Sentence Investigation
Report (PSIR) and the resolution of the petition for probation, the
accused may be allowed temporary liberty under his/her bail filed in the
criminal case where he was convicted. Where no bail was filed or the
accused is incapable of filing one, the court may allow his/her release on
recognizance to the custody of a responsible member of the community
who shall guarantee his/her appearance whenever required by the court.
 POST-SENTENCE INVESTIGATION (PSI)
Assignment. — After receipt of the referral order from the Trial Court, the
Probation Office concerned shall docket and assign the case to an
Investigating Officer (IO).
Initial Interview/Accomplishment of Work Sheet/ Waiver. —
a) Within five (5) working days from receipt of said referral, the CPPO shall
conduct the initial interview of the petitioner.
b) A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or
the Probation Office to secure any and all information on the petitioner,
shall be duly executed and signed by him/her.
During such initial interview, the Probation Officer on case or CPPO shall
require the petitioner to accomplish and sign a Post Sentence Investigation
Work Sheet (PPA Form 1) as well as PPA Form 2. The IO shall conduct further
investigation based on the information contained therein.
c) If the petitioner remains unlocated despite due diligence, one shall be
declared as an absconding petitioner hence a recommendation for denial
shall be submitted to the court for appropriate action.
Collateral Information
During the conduct of the PSI, collateral
information must be gathered from those
persons who have direct personal knowledge of
the petitioner, offended party family members,
and/or their relatives, including barangay
officials and disinterested persons.
 POST-SENTENCE INVESTIGATION REPORT
Purpose — The PSIR aims to enable the trial court to determine whether
or not the ends of justice and primarily the best interest of the public, as
well as that of the petitioner, would be served by the grant or denial of the
application.
Nature of Recommendation - The final recommendation contained on
the last page of the PSIR is persuasive in character addressed to the
sound discretion of the Trial Court considering that the denial or grant of
probation is a judicial function.
Period to Resolve the Petition for Probation - The petition for
probation shall be resolved by the Trial Court not later than fifteen (15)
days from the date of its receipt of the PSIR.
✓NOTE: 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. (PD 968)
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)
1. Is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of
origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents
of the place of origin. Blown Courtesy Investigation (FBCI)

Partial Courtesy Investigation (PCI) – It shall be used for petitioners who do

not fall within the purview of the FBCI and is conducted by another PPO.
Submission of Investigation Report
➢The investigation report having been completed, the Chief Probation
and Parole Officer should submit his report to the court, “not later
than 60 days from receipt of the order of the court to conduct the
investigation”.
➢The same period is merely directory, not mandatory, in the sense
that an investigation report submitted after 60 days would still be a
valid report.
➢NO COPY OF REPORT FOR APPLICANT
✓The investigation report as well as the supervision history “shall be privilege
and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration or the court concerned.
➢NO RIGHT OF APPLICANT TO COMMENT ON REPORT
✓There is nothing in the Probation Law which entitles the applicant to submit
any comment or demand that the court should consider the same.
 PROBATION ORDER
Nature of Probation; Effect of the Grant of Probation; Nature of Probation
Order. —
a) Probation is but a mere privilege and as such, its grant or denial rests
solely upon the sound discretion of the Trial Court. After its grant, it
becomes a statutory right and it shall only be cancelled or revoked for
cause and after due notice and hearing.
b) The grant of probation has the effect of suspending the execution of
sentence. The Trial Court shall order the release of the probationer's bail
bond upon which he/she was allowed temporary liberty or release the
custodian from his/her undertaking.
c) An order placing defendant on probation is not a final judgment but is
rather an interlocutory judgment in the nature of a conditional order placing
the convicted defendant under the supervision of the court for his/her
reformation, to be followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by a final judgment of
sentence if the conditions are violated.
 CRITERIA FOR PLACING AN
OFFENDER ON PROBATION
Probation shall be denied if the court finds that:
(a) The offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
or
(b) There is an 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.
 PERIOD OF PROBATION

The period of probation of a defendant sentenced to a term

of imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six
years
 FINALITY (PD 968)

The Order of the court granting or denying probation shall

not be appealable.
EFFECTIVITY OF PROBATION ORDER
A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the
consequence thereat and explain that upon his/her failure to
comply with any of the conditions prescribed in the said order or
his/her commission of another offense, he/she shall serve the
penalty imposed for the offense under which he/she was
placed on probation.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted
by the court. He should be allowed to turn down the same grant
especially since he might feel that the terms and conditions thereof are
too onerous for him.
 TERMS AND CONDITIONS OF
PROBATION
Mandatory Conditions. — A probation order shall require the
probationer:
a) To present himself/herself to the Probation Officer for
supervision within seventy- two (72) hours from receipt of
said order; and
b) To report to the assigned SPPO, SrPPO, PPOII or PPOI on
case at least once a month during the period of probation
at such time and place as may be specified by the Probation
Office.
Other Conditions. — The Probation Order may also require the
probationer, among others, to:
a) Cooperate with his/her program of probation treatment and
supervision;
b) Meet his/her family responsibilities;
c) Devote himself/herself to a specific employment and not to change
said employment without prior written approval of the CPPO;
d) Undergo medical, psychological, clinical, drug or psychiatric
examinations and treatment and enter and remain in a specified
institution when required for that purpose;
e) Comply with a program of payment of civil liability to the offended
party or his/her heirs, when required by the Trial Court as embodied
in its decision or resolution;
f) Pursue a prescribed secular study or vocational training;
g) Attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
h) Refrain from visiting houses of ill-repute;
i) Abstain from drinking intoxicating beverages to excess;
j) Permit the Supervising Probation Officer on case or an authorized
social worker to visit his/her home and place of work;
k) Reside at premises approved by the Trial Court and not to change
his/her residence without prior written approval of said court;
l) Participate in tree planting activities in accordance with
Memorandum Circular No. 13 s. 2003; and/or 20m) Satisfy any
other condition related to his/her rehabilitation into a useful citizen
which is not unduly restrictive of his/her liberty or incompatible with
his/her freedom of conscience.
 INDEMNIFICATION (OLD)
Payment for civil liability shall be done using the following modes:
a) Payment can be given to the Clerk of Court of the Trial Court, who will
in return hand over the sum to the victim who shall issue a corresponding
receipt; a copy of which should be given by the probationer to the
Probation Office in order to monitor such payment;
b) Payment may be deposited by the probationer to the victim’s account
where the bankbook is kept at the Probation Office to be given to the
victim for his proper disposition;
c) Payment can be effected directly to the victim and the receipt must be
filed in the supervision record of the probationer kept at the Probation
Office.
Further, that the practice of giving the payment to the Supervising
Probation Officer on case (or the CPPO) to be remitted to the victim,
although with receipts, should be highly discouraged and discontinued
outrightly
 RESTITUTION OR REPARATION TO THE AGGRIEVED
PARTIES AS A CONDITION FOR PROBATION (NEW)
Payment for civil liability shall be done using the following modes:
a) Payment can be given to the Clerk of Court of the Trial Court, who shall
hand over the sum to the victim with a corresponding receipt as evidence
of acceptance by the latter of the full amount indicated in the said receipt, a
copy of which should be given by the probationer to the Probation Office in
order to monitor such payment; or
b) Payment may be deposited by the probationer to the victim's account
where the bankbook is kept at the Probation Office to be given to the victim
for his/her proper disposition; or
c) Payment can be effected directly to the victim and the acknowledgement
receipt (PPA Form No. 11A) shall be filed in the supervision case file of the
probationer at the Probation Office.
The payment of civil liability to the Probation Officer on case to be
remitted to the victim is PROHIBITED.
 SUPERVISION OF PROBATIONERS
Commencement of Supervision Service. — For purposes of these
Rules, supervision service shall commence on the day of initial
interview or reporting of a probationer. Such fact shall be duly noted
in the case notes of the client.

In the event that the probationer does not report for initial
supervision within seventy- two (72) hours upon receipt of the
Probation Order or when his/her whereabouts are unknown, the
Probation Officer shall exert due diligence to find him/her and conduct
such field inquiry as is necessary within five (5) days, before
considering the fact that the probationer has absconded amounting to a
violation of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form 8) to the Trial Court.
 OUTSIDE TRAVEL (OLD)
(a) A Probation Officer may authorize a probationer to travel outside his
area of operational/territorial jurisdiction for a period of more than ten
(10) days but not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at
least five (5) days before the intended travel schedule a Request for
Outside Travel (PPA Form 7) with said Office properly recommended
by the Supervising Probation Officer on case and approved by the
CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said
request shall be recommended by the CPPO and submitted to the
Trial Court for approval.
(d) Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy
supervision.
 OUTSIDE TRAVEL. (NEW)
a) The SO may authorize a probationer to travel outside his/her area of
operation/territorial jurisdiction for a period of not more than ten (10)
days. However, if it exceeds 10 days but not more than thirty (30)
days, approval of the CPPO is required. Accordingly, a Request for
Outside Travel (PPA Form 7) with said Office, properly recommended
by the SO, should be duly accomplished.
b) If the requested outside travel is for more than thirty (30) days said
request shall be recommended by the CPPO and submitted to the
Trial Court for approval.
c) Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy
supervision.
 ABSCONDING PROBATIONER
a) A probationer who has not reported for initial supervision
within the prescribed period and/or whose whereabouts could
not be located or determined despite best diligent efforts
within reasonable period of time shall be declared by the
proper Office as an absconding probationer.
b) Thereafter said Office shall file with the proper court a
Violation Report (PPA Form 8), containing its findings and
recommendation, duly prepared and signed by the SO and
approved by the CPPO.
 CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION

a) A Probationer may file a Request for Change of Residence (PPA

Form 24) with the Probation Office, citing the reason(s) therefore.
This request shall be submitted by the CPPO/OIC for the approval
of the Trial Court.
b) Upon approval, the supervision and control over the probationer
shall be transferred to the concerned Executive Judge of the RTC,
having jurisdiction and control over said probationer, and under the
supervision of Probation Office in the place to which he/she
transferred.
Thereafter, the Executive Judge of the Regional Trial Court to
whom jurisdiction over the probationer is transferred shall have the
jurisdiction and control with respect to him/her which was previously
possessed by the court which granted probation.
 VIOLATION OF PROBATION CONDITION
Fact-Finding Investigation. — Based on reasonable cause reported by
a reliable informant or on his/her own findings, the SO concerned or the
CPPO himself/herself shall conduct or require the SO to immediately
conduct a fact-finding investigation on any alleged or reported violation
of probation condition(s) to determine the veracity and truthfulness of the
allegation.
Report: Violation of Condition. —After the completion of the factfinding
investigation, the SO shall prepare a violation report thereon containing
his/her findings and recommendations and submit the same to the
CPPO for review and approval.
Thereafter, said Probation Office shall file with the Trial Court a
Violation Report (PPA Form 8), containing its findings and
recommendation, duly prepared and signed by the SO concerned and
duly approved by the CPPO for the court's resolution.
Arrest of Erring Probationer. — After having duly considered the
nature and gravity of such reported violation based on the submitted
Report, the Trial Court may issue a warrant for the arrest of the
probationer for serious violation of his/her probation condition.
Hearing of the Violation of Probation. — Once arrested and detained,
the probationer shall immediately be brought before the Trial Court for a
summary hearing of the violation charged.
The probationer shall have the right to be informed of the violation
charged and to adduce evidence in his/her favor.
The court shall not be bound by the technical rules of evidence,
but may inform itself of all the facts which are material and relevant to
ascertain the veracity of the charge.
The probationer may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail of persons charged
with the crime or offense shall be applicable to probationers arrested
under this provision.
Modifications of Conditions For Probation
✓at any time during supervision
✓after summary hearing when the probationer violated any of its
conditions
✓upon application by the probation officer or the probationer
himself
Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke and terminate
probation.
 DISPOSITION: EFFECT OF REVOCATION: REMEDY
a) After a serious violation of a probation condition has been
established in the hearing, the Trial Court may order probationer’s
continuance of probation, modification of his/her probation
conditions or revocation of the probation.
b) If the probation period has been revoked, the Trial Court shall order
the probationer to serve the sentence originally imposed in the
judgment of his/her case for which he/she applied for probation.
c) A court order modifying the probation conditions as in Sec. 44 of
this Rules or revoking probationer's probation shall not be
appealable. However, it may be correctible by certiorari pursuant to
the pertinent provisions of the Rules of Court.
Right to Counsel. — In the hearing for violation of probation
conditions, the probationer shall have the right to counsel of
his/her own choice or to request that a counsel be appointed if
the probationer cannot obtain counsel.

Representation for theState. — For the prosecution of violation

of probation condition(s), the State shall be represented by the
proper prosecuting officer.
Early Discharge and Termination (OLD)
The arrangement takes place when probation is made to pay
restitution, reparation and indemnification.
In PSIR the recommended payment is that within 1 ⁄ 2 of term
probation – full payment – eligible for consideration for early
termination.
Early Discharge and Termination
The following probationers may be recommended for the early
termination of their probation period:
1. Those who are suffering from serious physical and/or mental disability such
as deaf- mute, the lepers, the crippled, the blind, the senile, the bed-ridden,
and the like;
2. Those who do not need further supervision.
3. Those who have:
a. To travel abroad due to any of the following:
i. An approved overseas job contract or any other similar documents; or
ii. An approved application for scholarship,
iii. observation tour or study grant for a period not less than six (6) months; or
iv. An approved application for immigration.
v. An approved application to take the Bar and Board Examinations.
b. To render public service
i. Having been elected to any public office; or
ii. Having been appointed to any public office.
Note :
Provided, however, that the probationers involved have fully paid
their civil liabilities, if any.
And, that the probationers were not convicted for offenses
involving moral turpitude. Other probationers who have fully
cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those above
described at the discretion of the proper authorities.
 EARLY TERMINATION (NEW)
Coverage.
The following probationers may be recommended for the early
termination of their probation period:
a) Those who are suffering from serious physical and/or mental
disability such as deaf mute, the lepers, the crippled, the blind, the
senile, the bedridden, and the like;
b) Those who do not need further supervision
Provided, That the probationers involved have already served
one-third (1/3) of the imposed period of probation: and provided
further, that, in no case shall the actual supervision period be less
than six (6) months.
c) Those who have:
(i) To travel abroad due to any of the following:
(1) An approved overseas job contract or any other similar documents;
(2) An approved application for scholarship, observation tour or study grant for
a period not less than six (6) months;
(3) An approved application for immigration; or
(4) An approved application to take the Bar and/or Board Examinations.
(ii) To render public service:
(1) Having been elected to any public office; or
(2) Having been appointed to any public office.

Provided, however, That the probationers involved have fully paid

their civil liabilities, if any. And, that the probationers were not
convicted for offenses involving moral turpitude.
 PROBATION AIDES (PD 968)
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.
 CASELOAD (PD 968)
(a) In assigning probation supervision caseload(s) to the Probation
Aides, the Probation Offices shall duly consider their respective
qualifications, length of service, work accomplishments, and other
related criteria. And, as to maximum supervision caseload to be
given to them, the Probation Office should, exercise utmost
prudence and caution.

(b) The maximum supervision caseloads of a Probation Aide at any

given time, shall be ten (10) probationers on minimum case
classification or three (3) probationers on maximum case
classification in addition to other duties.
 VOLUNTEER PROBATION ASSISTANTS
(RA 10707)
Qualifications: —Volunteer Probation Assistant (VPA) must be:
a) Citizens of good repute and probity, who have the willingness,
aptitude and capability to act as VPAs;
b) Preferably twenty- five (25) years old and above;
c) Preferably a resident of the same community as the client;
d) Willing to serve without compensation;
e) Capable to prepare reports;
f) No criminal conviction, however, former clients with exemplary
behavior fit to be role models may be considered; and
g) Of good health.
Caseload — VPAs shall supervise Eighty Percent (80%)
of the clients. The maximum caseload of each VPA shall
be 5 clients (1:5).

Allowance — VPAs shall not receive any regular

compensation except for reasonable transportation and
meal allowance for services rendered as VPA in handling
supervision cases, as approved by the Department of
Budget and Management
Appointment: Term of Office
a) Volunteer Probation Assistants shall be appointed by the
Probation Administrator or through the recommendation of the
Regional Director endorsed by the CPPO/OIC within their
respective areas of jurisdiction.
b) Volunteer Probation Assistants so appointed may hold office
during good behavior for a term of two (2) years, renewable at
the end of each term as endorsed by the CPPO/OIC
recommended by the Regional Director to the Administrator.
c) The term of office shall commence on the date of his/her
appointment.
 TERMINATION OF THE PROBATION
SUPERVISION CASE
(PPA Omnibus Rules on Probation Methods and Procedures)
Grounds. — The probation supervision period may be terminated on
any of the following grounds:
a) Successful completion of probation;
b) Probation revocation for cause under Section 49a(i-iii) of these
Rules;
c) Death of the probationer;
d) Early termination of probation; or
e) Other analogous cause(s) or reason(s) on a case-to-case basis as
recommended by the Probation Office and approved by the Trial
Court.
Termination Report. — The Probation Office shall submit to the
Trial Court a Probation Officer's Final Report (PPA Form 9) five
(5) days before the expiration of the period of probation (NEW)

Termination Report. - The City and Provincial Parole and

Probation Office shall submit to the Trial Court a Probation
Officer’s Final Report (PPA Form 9) thirty (30) days before the
expiration of the period of probation (OLD
 LEGAL EFFECTS OF FINAL DISCHARGE:
TERMINATION ORDER (PD 968)
(a) The final discharge of a probationer shall operate to restore to
him all civil rights lost or suspended as a result of his
conviction and to fully discharge his liability for any fine
imposed as to the crime or offense for which probation
was granted without prejudice to his civil liability. It is
hereby understood that, the probationer's political rights are
not lost or suspended even during the probation period.
(b) The probationer and the probation office shall be promptly
furnished with copies of such final discharge or Termination
Order.
 LEGAL EFFECTS OF FINAL DISCHARGE:
TERMINATION ORDER (RA 10707)
(a) Upon satisfactory compliance with the terms and conditions of
probation, the probationer is entitled to a final discharge from
probation by the court. His/her final discharge shall operate to
restore all civil and political rights lost or suspended as a
result of conviction, and to totally extinguish his/her
criminal liability as to the offense for which probation was
granted.
(b) The probationer and the probation office shall be promptly
furnished with copies of such final discharge or termination
order
 CLOSING OF THE PROBATION CASE
(PPA Omnibus Rules on Probation Methods and Procedures)

Reckoning Period. — After actual receipt of the Termination

Order finally discharging the probationer, the Probation Office
shall formally close the probation case and keep client's case file.

Mode. — Immediately after such closure of the probation case,

the corresponding probation records shall be archived, but not
after the proper reporting is done.
 THE PROBATION ADMINISTRATION
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.

Probation Administrator. - 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.

Assistant Probation Administrator. - There shall be an Assistant Probation

Administrator who shall assist the Administrator and perform such duties as
may be assigned to him by the latter and as maybe 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.
REGIONAL PROBATION OFFICER AND ASSISTANT
REGIONAL PROBATION OFFICER
- APPOINTED BY THE PRESIDENT AND
RECOMMENDED BY SECRETARY OF JUSTICE

PROVINCIAL AND CITY PROBATION OFFICER

– APPOINTED BY THE SECRETARY OF JUSTICE AND
RECOMMENDED BY THE ADMINISTRATOR
 “VOLUNTARY SUBMISSION PROGRAM”
Is an intervention activity whereby any drug dependent or any
person who violates Sec. 15 of RA 9165, either by himself or through his
parents, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, shall apply to the Board or its duly recognized
representative, for treatment and rehabilitation.
By virtue of such application, the Board or its duly recognized
representative shall refer the matter to the Court which shall order that
the applicant be examined for drug dependency by a DOH accredited
physician.
If the result is positive, the Court shall issue an order for him to
undergo treatment and rehabilitation in a center designated by the
Board for a period of not less than six (6) months.
 However, in the absence of a center near or accessible
to his residence or where such drug dependent is below 18
years of age, and a first-time offender, and non-confinement
will not pose serious danger to his family or the community,
the drug dependent may be placed under the care of the
DOH-accredited physician.
A drug dependent discharged as rehabilitated from the
center shall be criminally exempt under Sec. 15 provided he
satisfies the requirements under Section 55 of the Act.
 PROCLAMATION NO. 405
DECLARING JULY 18 TO 24, 1994 AND EVERY YEAR
THEREAFTER AS PROBATION AND PAROLE WEEK

NOW, THEREFOR, I, FIDEL V. RAMOS, President of the

Philippines, by virtue of the powers vested in me by law, do
hereby declare the period from July 18 to 24, 1994 and every
year thereafter as Probation and Parole Week to be observed
throughout the country.
 Summary Process on Granting Probation
1. Granted by Court 8. Condition (Mandatory and others)
2. 10 days to Prosecutor’s comment a. Mandatory – within 72 hours report
3. Parole and Probation Administration b. Others – 1/mos.
Officer 9. Condition (Comply or Non-Comply)
4. Referral “Order to Investigate a. Complied – Final or Termination
5. Post – Sentence Investigation Report
(PSI)(60 Days)
6. Post – Sentence Investigation Report 10. Non-Complied – violation or
(PSIR) revocation report
7. Trial judge decision within 15 days a. hearing “Justified”
a. Granted – Probation Supervision i. issue extension
ii. modify condition
b. Denied – serve the original sentence
c. Revocation order- w/ order to arrest
PAROLE AND
EXECUTIVE
CLEMENCY
 MEANING OF PAROLE

It is a French word “Parole D Honeur” and is used in the

sense of word of honor or promise. Thus, the implication is that
the released prisoner would give his honor and that he would
abide by the terms of his conditional release.
 PAROLE IN THE PHILIPPINES
Act. 4103- Otherwise known as the “Indeterminate Sentence law” (Took
effect on December 5, 1933) Board of Indeterminate Sentence
Amended Executive Order 83, series of 1937
-Gave the Board the authority to advice the Chief executive on the
course or courses of action to take on petitions for executive
clemencies.
- It renamed the Board of Indeterminate Sentence to BOARD OF
PARDONS
Amended by Executive Order 94, otherwise known as “The
Reorganization Law of 1947” which abolished the Board of Pardons and
created the Board of Pardons and Parole
BPP Resolution No. 229 dated April 2, 1991 “Authority of Regional
Probation and Parole Officers” to conduct Pre-Parole
Investigation.
 BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole was created pursuant to
Act No. 4103, as amended. It is the intent of the law to uplift and
redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal
liberty.
It grants parole and recommends to the President the grant
of any form of executive clemency to deserving prisoners or
individuals.
It reviews reports submitted by the Parole and Probation
Administration (PPA) and make necessary decisions.
It is a functional unit under the Department of Justice.
 Composition of the BPP
Sec. 3, Act 4103 BAR MEMBER
✓1 Chairman (DOJ Secretary) SOCIOLOGIST
TRAINED IN CORRECTION
✓4 members RETIRED JUDICIARY (NEW)
ADMINISTRATOR OF PPA
E.O 1007, Series of January 31, 1985 CLERGYMAN
✓1 Chairman (DOJ Secretary) EDUCATOR
✓4 plus 2 members. (6 members) At least one member of the board shall be a
E.O 154, Series of December 11, 2002 woman
✓ Appointed by the President for 6 years
✓1 Chairman
✓6 members (one of them is administrator of PPA as an ex officio member)
E.O 868, Series of 2010
1 Chairman (undersecretary)
7 members (assistant secretary)
 SEC 3 ACT NO 4103
Composition of BPP (5 members)
Chairman
Secretary of Justice
4 Members
Sociologist - Clergyman/Educator – Psychiatrist - Woman Appointing
Authority:
President of Philippines
Consent from COA
Term: 6yrs
EXECUTIVE ORDER NO. 154, S. 2002
CHAIRMAN: Secretary of Justice or his representative (full-time)
6 members: (full-time)
The Administrator of the Parole and Probation Administration as
ex-officio member
a sociologist,
a clergyman,
an educator,
a person with training and experience in correction work, and a
member of the Philippine Bar;
Provided, that one of them is a woman.
 EXECUTIVE ORDER NO. 868, S. 2010
HEAD: CHAIRMAN (Rank: Undersecretary)
Assisted by 7 members: (Rank: Privileges as an Assistant Secretary)
sociologist,
a clergyman,
an educator,
a person with training and expertise in correction work,
a member of the Philippine Bar,
a retired member of the Judiciary,
and the Administrator of the Parole and Probation Administration, as exofficio
member,
Note: One must be a woman
Appointed by: President
Recommended by: Secretary of Justice
Term of office: 6 years (serve full-time)
EXECUTIVE CLEMENCY
➢Is a disposition of the President to show mercy, especially
toward an offender or enemy. It is granted for the purpose of
relieving the harshness of the law or correcting mistakes in the
administration of justice.
➢Under the criminal justice system is the act by an executive
member of government of extending mercy to a convicted
individual.
➢In the United States, clemency is granted by a governor for
state crimes and by a president for federal crimes.
 CONSTITUTIONAL BASIS:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
➢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
CLEMENCY CAN TAKE ONE
OF FOUR FORMS
REPRIEVE
COMMUTATION OF SENTENCE
PARDON
AMNESTY
 PARDON
It 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 that the law
inflicts for a crime he has committed.
Pardoning power is exercised by the President.
 GENERAL TYPES OF PARDON

1. Special Pardon – Pardon given to a single individual.

2. General Pardon - pardon given to classes or group of people.

 KINDS OF PARDON
“Conditional Pardon” refers to the exemption of an individual,
within certain limits or conditions, from the punishment which the
law inflicts for the offense he had committed resulting in the
partial extinction of his criminal liability;

“Absolute Pardon” refers to the total extinction of the criminal

liability of the individual to whom it is granted without any
condition. It restores to the individual his civil and political rights
and remits the penalty imposed for the particular offense of which
he was convicted;
 CRISTOBAL VS LABRADOR
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme
Court laid down the doctrine that the absolute pardon removes
all that is left of the consequences of conviction, and that it is
absolute in so far it restores the pardonee to full civil and
political rights.
In another case, the supreme Court reiterated the doctrine
laid down on the Cristobal vs. Labrador case and elucidated
further that “ an absolute pardon not only blots out the crime
but removes all disabilities resulting from the conviction;
and that when granted after the term of imprisonment has
expired, absolute pardon removes all that is left of the
consequences of conviction.” (Polobello vs. Palatino, 72
Phil.441 )
 EFFECTS OF PARDON
1) It removes penalties and disabilities and restores 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;
3) It does not restore offices, property or rights vested in
others in consequence of the conviction. Under our law, a
pardon shall not work the restoration of the right to hold public
office or the right of suffrage unless such rights be expressly
restored by the terms of the pardon.
 LIMITATIONS /DISQUALIFICATION
UPON THE PARDONING POWER
1) It may not be exercised in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) 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 Commission on Elections;
5) It may not be exercised during pendency of case or trial or
during appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from
the time of recommitment; and
7) It cannot be exercised in cases of violations of tax laws. It is an
elementary principle in political law that pardon can only be given after
final conviction. Cases pending trial or on appeal are still within the
exclusive jurisdiction of the courts; hence, pursuant to the theory of
separation of powers, the Chief Executive has no jurisdiction over
the accused.

Prisoners who escaped or evaded service of sentence are not

eligible for executive clemency for a period of one (1) year from the
date or their last recommitment to prison or conviction for evasion of
service of sentence
 COMMUTATION OF SENTENCE
Reduction or lowering, shortening of sentence
- an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
- granted by the president with the recommendation of the BPP
- granted after conviction but do not erase the fact of conviction
of the person
- granted with condition of maintaining good behavior
 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. The postponement /
withholding or temporary stay of the execution of a death sentence

A temporary stay of the execution of the sentence. Like

pardon, the President can only exercise reprieve when the sentence
has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several
days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.
 WHEN A DEATH SENTENCE MAY BE
SUSPENDED?
Death sentence shall be suspended when the accused is:
1. A woman, while pregnant;
2. A woman, within one year after delivery;
3. Person over 70 years of age.
4. The suspension of the execution of the sentence as regards a
person over 70 years old is necessary to give the President
time to act because only the President can reduce the
sentence.
5. In cases wherein, a convicted prisoner became insane before
the actual date of execution
 AMNESTY

An act of the sovereign power granting oblivion or

general pardon for a past offense usually granted in favor of
certain classes of persons who have committed crimes of a
political character, such as treason, sedition or rebellion
Also known as General Pardon or Blanket Pardon
 Amnesty, from the Greek stem amnestia, meaning
to forget, is an act of the legislature whose aim is to
erase an accomplished fact which would otherwise
be punishable, and so either to prevent or to stop legal
action or as the case may be, to erase any sentence.
Amnesty laws have their own particular
characteristics: they are by definition retroactive, since
they can only apply to acts committed before they are
passed. Their application is always a matter of public
concern.
 DISQUALIFICATION FOR AMNESTY
1. Proclamation No. 75 made clear that the amnesty "shall not cover rape,
acts of torture, crimes against chastity and other crimes committed for
personal ends."
Rules, procedures, and further requirements to implement Proclamation No.
75 were contained in Circular No. 1 of the DND Amnesty Committee.
It included a condition where the applicant should have an "express
admission" of participation and guilt, and a "recantation of all previous
statements" that are not consistent with the admission.
2. Cannot also be granted in cases of impeachment
3. Cannot be applied to cases of violation of election laws without favorable
recommendation from the COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt
 EFFECTS OF AMNESTY
1. Looks Backward: Extinguishes Criminal Liability
- Amnesty totally extinguishes criminal liability and produces total
oblivion.

2. Restore Civil and Political Rights

- Amnesty restores all the civil and political rights lost due to
criminal and other actions or proceedings as a product of
conviction.
The Philippines had issued two amnesty proclamations in the past.
PRESIDENTIAL PROCLAMATION NO. 51
Pres. Manuel Roxas amnestifying those who collaborated
with the Japanese during WWII. PRESIDENTIAL
PROCLAMATION NO. 76
Pres. Elpidio Quirino extending amnesty to leaders and members
of the Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) or Huk
and Pambansang Kaisahan ng mga Mambubukid (PKM)
REVISED RULES AND
REGULATIONS OF THE
BOARD OF PARDONS
AND PAROLE
 EXECUTIVE CLEMENCY (REVISED
RULES AND REGULATIONS OF THE
BOARD OF PARDONS AND PAROLE )

Review of Cases for Executive Clemency. — Petitions for

executive clemency may be reviewed if the prisoners meet the
following minimum requirements:
 FOR COMMUTATION OF SENTENCE
1. the prisoner shall have served at least one-third (1/3) of the minimum of
his indeterminate and/or definite sentence or the aggregate minimum of
his indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or
Life imprisonment for crimes or offenses committed before January 1,
1994.
3. at least twelve (12) years for prisoners whose sentences were adjusted to
a definite prison term of forty (40) years in accordance with the provisions
of Article 70 of the Revised Penal Code, as amended.
4. at least fifteen (15) years for prisoners convicted of heinous crimes as
defined in Republic Act No. 7659 and other special laws committed on or
after January 1, 1994 and sentenced to one or more Reclusion Perpetua
or Life imprisonment.
5. at least twenty (20) years in case of one (1) or more Death
penalty/penalties, which was/were automatically reduced or commuted to
one (1) or more Reclusion Perpetua or Life imprisonment;
 FOR CONDITIONAL PARDON
For Conditional Pardon, the prisoner shall have served at
least one-half (1/2) of the minimum of his original
indeterminate and/or definite sentence.
However, in the case of a prisoner who is convicted of a
heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence before his
case may be reviewed for conditional pardon.
 FOR ABSOLUTE PARDON
After he has served his maximum sentence or granted final
release and discharge or court termination of probation. However,
the Board may consider a petition for absolute pardon even before the
grant of final release and discharge under the provisions of Section 6 of
Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government
service; (2) needs medical treatment abroad which is not available
locally, (3) will take any government examination; or (4) is emigrating.
For absolute pardon ten years must have elapsed from the date
of the release of petitioner from confinement or five years from the date
of expiration of his maximum sentence whichever is more beneficial to
him
 PAROLE
Review of Cases for Parole. — Unless otherwise disqualified
under Section 15 of these Rules, a case for parole of a prisoner
shall be reviewed upon a showing that he is confined in prison or
jail to serve an indeterminate sentence, the maximum period of
which exceeds one (1) year, pursuant to a final judgment of
conviction and that he has served the minimum period of said
sentence.
DISQUALIFICATION
FOR
PAROLE
The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or
Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or
espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10)
years from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa and falsification, are
found guilty of any of said crimes a third time or oftener;
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;
i. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
 TRANSMITTAL OF CARPETA AND
PRISON RECORD
In executive clemency/parole cases, the Director or Warden
concerned shall forward the prison record and carpeta of a petitioner
at least one (1) month prior to the eligibility for review as specified
in Sections 10 and 13 of these Rules.

NOTE:
The Municipal, City, District and Provincial Jail Wardens have
the obligation to transmit to the Director of Prisons all pertinent records
of prisoners in jails 30 days before the expiration of such
prisoner’s minimum sentence. The Director of Prisons shall submit
to the Board for its consideration within 15 days after receipt of
aforestated records.
REFERRAL OF PETITION FOR
EXECUTIVE
CLEMENCY/PAROLE TO
OTHER GOVERNMENT
AGENCIES
 A petition for executive clemency shall be referred by the Board to
the Secretary of National Defense for comment and recommendation if
the crime committed by the petitioner is against national security or
public order or law of nations.
In case of violation of election laws, rules and regulations, a
petition for executive clemency/parole shall be referred to the
Commission on Elections for favorable recommendation, provided,
however, that regardless of the crime committed, a petition for
executive clemency/parole may be referred for a pre-
parole/executive clemency investigation to a Probation and Parole
Officer who shall submit a report on the behavior, character
antecedents, mental and physical condition of the petitioner within
thirty (30) days from receipt of referral, to include the results of the
National Bureau of Investigation records check. In case of an alien, the
petition shall be referred to the Department of Foreign Affairs for
comment and recommendation.
Executive Clemency/Parole of An Alien

➢Petition for Parole/Executive Clemency filed by convicted aliens

who are serving sentence in the Philippines are referred for
comment and recommendation to the Secretary of Foreign
Affairs who shall determine in so far as it is valid and legitimate
the grant of executive clemency to a foreigner should be done.
The basis of its approval shall be “Quid Pro Quo” or “something
to something”.
➢The Board may recommend the grant of executive clemency or
grant parole to a prisoner who is an alien. In such a case, the
alien who is released on parole or pardon shall be referred to
the Bureau of Immigration for disposition, documentation and
appropriate action.
 PROCEEDINGS OF THE BOARD
Interview of Prisoners. — Any Board member or government
official authorized by the Board may interview prisoners confined
in prison or jail to determine whether or not they may be released
on parole or recommended for executive clemency
 Factors to be Considered in Petition for Conditional Pardon,
Commutation of Sentence or Parole. — The following factors may be
considered by the Board in the grant of conditional pardon,
commutation of sentence or parole:
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 Factors. — The Board may give special consideration to the
recommendation for commutation of sentence or conditional pardon
whenever any of the following circumstances are present:
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;
e. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between
nations necessitate review;
g. circumstances which show that his continued imprisonment will be
inhuman or will pose a grave danger to the life of the prisoner or his co-
inmates; and,
h. such other similar or analogous circumstances whenever the interest of
justice will be served thereby.
Meetings. — The Board shall meet in executive session regularly or
upon the call of the Chairman.

Quorum. — A majority of all the members of the Board shall constitute

a quorum.

Board Action. — A majority of the members of the Board,

constituting a quorum, shall be necessary to recommend the grant
of executive clemency or to grant parole; to modify any of the terms
and conditions appearing in a Release Document, to order the arrest
and recommitment of a parolee/pardonee; and to issue certificate of
Final Release and Discharge to a parolee/pardonee
SEC. 42. Cancellation of Pardon/Parole
➢The Board may recommend the cancellation of the pardon or
cancel the grant of parole of a client if it finds that material
information given by said client to the Board, either before or
after release, was false, or incomplete or that the client had
willfully or maliciously concealed material information from the
Board.
 PAROLE SUPERVISION
Parole Supervision. — After release from confinement, a client
shall be placed under the supervision of a Probation and
Parole Officer so that the former may be guided and assisted
towards rehabilitation. The period of parole supervision shall
extend up to the expiration of the maximum sentence which
should appear in the Release Document (DISCHARGE ON
PAROLE), subject to the provisions of Section 6 of Act No. 4103
with respect to the early grant of Final Release and Discharge.
Initial Report. — Within the period prescribed in his Release
Document, the prisoner shall present himself to the Probation and
Parole Officer specified in the Release Document for supervision.
If within forty five (45) days from the date of release from prison
or jail, the parolee/pardonee concerned still fails to report, the
Probation and Parole Officer shall inform the Board of such failure, for
appropriate action.
Arrival Report. — The Probation and Parole Officer concerned shall
inform the Board thru the Technical Service, Parole and Probation
Administration the date the client reported for supervision not later
than fifteen (15) working days therefrom.
Mandatory Conditions of Supervision. — It shall be mandatory for a
client to comply with the terms and conditions appearing in the
release document.
 TRANSFER OF RESIDENCE

A client may not transfer from the place of residence

designated in his Release Document without the prior written
approval of the Regional Director subject to the confirmation
by the Board.
 OUTSIDE TRAVEL
A Chief Probation and Parole Officer may authorize a
client to travel outside his area of operational jurisdiction for a
period of not more than thirty (30) days.
A travel for more than 30 days shall be approved by the
Regional Director
 TRAVEL ABROAD AND/OR WORK
ABROAD
Any parolee or pardonee under active
supervision/surveillance who has no pending criminal case in any
court may apply for overseas work or travel abroad. However,
such application for travel abroad shall be approved by the
Administrator (PPA)and confirmed by the Board.
 DEATH OF CLIENT
If a client dies during supervision, the Probation and
Parole Officer shall immediately transmit a certified true
copy of the client’s death certificate to the Board
recommending the closing of the case.
However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the
barangay chairman or any authorized officer or any immediate
relative where the client resided, shall suffice.
INFRACTION/VIOLATION
OF THE TERMS AND
CONDITIONS OF THE
RELEASE DOCUMENT
“Progress Report” refers to the report submitted by the Probation
and Parole Officer on the conduct of the parolee/pardonee while
under supervision; When a parolee/pardonee commits another
offense during the period of his parole surveillance, and the case filed
against him has not yet been decided by the court, a Progress
Report should be submitted by the Probation and Parole Officer
to the Board

“Infraction Report” refers to the report submitted by the Probation

and Parole Officer on violations committed by a parolee/pardonee
of the conditions of his release on parole or conditional pardon
while under supervision. The report shall be called Infraction
Report when the client has been subsequently convicted of
another crime.
Arrest of Client. — Upon receipt of an Infraction Report, the Board may
order the arrest or recommitment of the client.

Effect of Recommitment of Client. — The client who is recommitted to

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

Cancellation of Pardon/Parole. — The Board may recommend the

cancellation of the pardon or cancel the grant of parole of a client if it finds
that material information given by said client to the Board, either before and
after release, was false, or incomplete or that the client had willfully or
maliciously concealed material information from the Board.

Review of Case of Recommitted Parolee. — The Board may consider the

case of a recommitted parolee for the grant of a new parole after the latter
shall have served one-fourth (1/4) of the unserved portion of his
maximum sentence.
 TERMINATION OF PAROLE AND
CONDITIONAL PARDON SUPERVISION
Certificate of Final Release and Discharge. — After the expiration of
the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the
client has substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and Discharge
to a parolee or pardonee. However, even before the expiration of
maximum sentence and upon the recommendation of the Chief
Probation and Parole Officer, the Board may issue a certificate of Final
Release and Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended.
➢The clearances from the police, court,
prosecutor's office and barangay officials
shall be attached to the Summary Report.
▪Summary Report
➢It refers to the final report submitted by the
Probation and Parole Officer on his supervision
of a parolee/pardonee as basis for the latter’s
final release and discharge.
 PAROLE vs PROBATION
PAROLE PROBATION

Administrative function exercised by the executive It is a judicial function exercise by the courts.
branch of the government (executive
function)

Granted to a prisoner only after he has serve the Granted to an offender immediately after
minimum of his sentence. conviction.

It is an extension of institutional. It is a It is substitute for imprisonment. Probation is an

conditional release of a prisoner whereby he is alternative to imprisonment. Instead of being
placed under the supervision of a Parole Officer confined in prison, the probationer is released to the
after serving his minimum sentence. community by the court with conditions to follow and
is placed under the supervision
of PO.

Granted by BPP Granted by the court

 PAROLE vs PROBATION
PAROLE PROBATION

Parolee Probationer

Parolee supervised by PPO Probationer supervise by PPO

Parole is administered by the Parole Board. Probation is handled by the Probation Administration

Parole does not restores full civil rights to parolee Probation is more beneficent because it restores full
civil rights to the probationer upon termination unlike
parole.
It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment
Convict must serve the minimum of his sentence Convict must serve the minimum of his sentence
before the grant. . before the grant. Probation is a community-based
approach to reformation of offenders.
 BPP vs PPA
BPP PPA

UNDER THE DEPARTMENT OF JUSTICE UNDER THE DEPARTMENT OF JUSTICE

HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR

READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION

APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP

RECOMMENDS EXECUTIVE CLEMENCIES TO RECOMMENDS THE REVOCATION OF

THE PRESIDENT PAROLE AND PROBATION
RECOMMENDS THE REVOCATION OF CENTRAL OFFICE FOR PPO’S
PARDON
HISTORY
Probation
Parole
Pardon
Amnesty
History of Probation
Royal pardons
➢could be purchased by the accused; activist judges could refrain from
applying statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could
be charged with a lesser crime.
Shock Imprisonment
Split Sentencing
Forerunners of Probation

Benefits of Clergy
➢if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject
to the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢when there is a favorable circumstance in the criminal’s character in
order to give him opportunity to apply to the King for either an absolute
an or conditional pardon. Early English courts began to grants
reprieves to prisoners under sentence of death on condition that they
accept deportation to English settlements in America.
Forerunners of Probation

Recognizance or “Binding over for good behavior”

➢this is considered as the direct ancestor of probation. This involves an
obligation or promise sworn to under court order by a person not yet
convicted of crime he would keep the peace and be of good behavior.
Transportation
➢this was developed from an ancient practice of banishment and
flourished for more than two hundred years as a principal method of
disposing offenders. It served mainly as cheap source of supplying
labor to the colonies of England.
 Historical Development of Probation in England
England - It is where probation started in a form of suspending
judgment and releasing offender on his own Recognizance (ROR)
Mathew Davenport Hill - Father of Probation in England
➢an 18th century English barrister and judge
➢became the Recorder of Birmingham, a judicial post.
➢He finds persons who act as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits the guardian, makes inquiries
and keeps notes of information received.
➢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.
Historical Development of Probation in USA
Aid Association of Maryland
➢organized in 1869
➢Employed agents to visit the prison and assist released prisoners
➢they began to investigate cases and assist offenders before the Baltimore courts.
➢A 1894 law provided that any court in the state might release on probation for “good
conduct” a person convicted of any offense not capital, if no previous conviction was
proved against him, upon his entering into a recognizance, with or without sureties, and
during such period as the court may direct to appear and received judgment when
called upon, and in the meantime to keep the peace and be of good behavior.
USA
➢The first state to enact a real probation law, the first practical demonstration of
probation, first use of the term as court service, and the enactment of the first probation
law occurred in Massachusetts on April 21, 1878
➢but widely upon the passage of the first Juvenile Court law of Cook Country in Illinois
✓ Edward Savage – first Probation officer
Historical Development of Probation in USA
John Augustus (True Probation Officer)
➢Father of Probation in the USA.
➢Was a Boston shoemaker
➢member of Washington Total Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
➢In 1841, John Augustus attended police court to bail out a “common drunkard,”
the first probationer.
➢He volunteered his 18 years in life as probation officer
1841 – considered as birth year of probation.
➢August 1841- Rugged drunk man (3 weeks -The drunkard was brought back to
court where the judge cannot recognize him. Imposes a fine of $ 3.76.)
➢By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten of this number forfeited their bond.
Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work
of Augustus after the latter’s death and employed humane but unscientific
approach.
Historical Development of Probation in USA
Massachusetts became the 1st country to enact a probation law on
April 21/26, 1878
➢Developed “Security for Good Behavior” or otherwise known as Good
Aberrance
➢It was signed by Alexander Hamilton Rice
➢Massachusetts Trial Court Probation Service, more commonly referred to as the
Massachusetts Probation Service (MPS), is the Commonwealth's primary
supervisory law enforcement agency. Created in 1878, it is the first Probation
agency established in the United States.
➢Gardner Taft – Director of Massachusetts Board of State Charities and
Corrections. He said “the result for probation in cases of Juvenile offender
proved effectively, and authorize to appoint probation officer for adult offender.
 Historical Development of Probation in USA
Missouri
➢adopting a partial measure with its “Parole of Convicted Person’s Law Of 1897.”
Vermont
➢The 2nd state to enact probation law.
➢Vermont Act of 1898
➢ The Real Probation Law (applied to adult offenders)
➢like Missouri and unlike Massachusetts provided for probation only after
suspension of the execution of sentence.
Rhode Island
➢The 3rd state to enact a real probation law
➢First appeared a complete state-administered probation system.
➢The Act of 1899 empowered the board of state charities and corrections to
appoint a state probation officer and additional probation officers, “one of whom
at least shall be a women,” to serve all courts in the state.
Historical Development of Probation in USA
1899
➢Minnesota and Illinois enacted laws giving probation service to children
only
1901
➢Probation in New York State had its official beginning
January 11, 1909
➢The first probation bill was introduced during the 60th congress, 2nd
session by Representative McCall of Massachusetts.
March 4, 1925
➢The 1st Federal Probation Act became law, signed by President Calvin
Coolidge.
Historical Development of Probation in USA

New Jersey
➢The 4th state to pass e general probation law after the New England
Model in 1900
New York
➢The 5th state to provide for adult probation
California
➢The 6th state to enact adult probation law and juvenile court laws, both
in 1903
Historical Development of Probation in USA
Killets Case
➢This decision led to the passing of the National Probation Act of
1925, thereby, allowing courts to suspend the imposition of
incarceration and place an offender on probation
✓signed by President Calvin Coolidge
✓the U.S. Federal Probation Service was established.
History of Probation in the Philippines
Act No. 4221
➢enacted by the Philippine legislature on August 07, 1935 and which
created a Probation Offices under the Department of Justice led by a
Chief Probation Officer appointed by the American Governor General with
the advice and consent of the United States.
➢This Law provided probation for the first time offenders, eighteen years of
age and over, convicted of a certain crime.
➢Lasts for only 2 years. The act subsequently declared unconstitutional by
the Supreme Court on Nov. 16, 1937 in People vs. Vera
▪ ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
History of Probation in the Philippines
"National Strategy to Reduce Crimes“
➢On July 24, 1976
➢A National Crime Prevention Program presented by Inter-Disciplinary
Committee that was created by NAPOLCOM in 1974.
➢ The Strategy proposed a two-pronged attack to reduce crime in the country,
namely:
1. to give emphasis on the prevention and control of high-fear and economic crimes
by implementing a number of priorities of actions; and
2. to improve the quality of the criminal justice system by facilitating teamwork among
its interdependent components.
✓ Making corrections more attuned to its role of rehabilitating law offenders;
▪ One priority action was to establish an adult PROBATION SYSTEM.
History of Probation in the Philippines
Teodulo C. Natividad
➢He is the Father of Probation in the Philippines. He headed the
committee (IDCCP) primarily tasked with the drafting of the adult
probation law.
➢First Administrator of the Parole and Probation Administration which
attached to the DOJ
➢First Filipino Vice President of the United Nations Congress, Geneva
Switzerland
➢Former NAPOLCOM commissioner
➢Former Congressman of Bulacan
➢Introduced House Bill No. 393 in collaboration with former
Congressman Ramon D. Bagatsing.
✓ The measure was passed in the Lower House and was pending in the senate
when Martial Law was proclaimed in 1972.
 History of Probation in the Philippines
P.D. 968
➢Reestablished the adult probation law which was signed by Pres. Ferdinand
Marcos on July 24, 1976.
➢“Probation law of 1976” otherwise known” Adult Probation Law of 1976”
➢April 24, 1976 Draft the decree by NEPTALI GONZALES
➢In July 24, 1976 was approved by late President Ferdinand E. Marcos
➢In January 3, 1978 was took effect
PD 1257
➢Comment of the prosecutor within 10 days
➢Decision for granting of Probation by the judge within 15 days
BP 76
➢6 years and 1 day imprisonment is qualified for probation
PD 1990
➢Remove “1 day” and made 6 years imprisonment and below qualified for probation
 History of Probation in the Philippines
E.O 292 Administrative Code Of 1987
➢Renamed Probation Administration (968) to Parole and Probation
Administration
BPP Resolution 229
➢Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓Pre – executive Clemency (60 days)
✓Pre-Parole Investigation (60 days)
BPP Resolution 24-4-10
✓Pre – executive Clemency – 30 days (NO EXTENSION)
✓Pre-Parole Investigation – 30 days (NO EXTENSION)
Development of Parole
Alexander Maconochie
➢He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became the
blueprint of modern day parole.
➢He is considered as the father of modern penology.
Mark System
➢A progressive humane system in which a prisoner is required to earn
a number of marks based on proper department, labor and study in
order to entitle him for ticket for leave or conditional release which is
similar to parole.
✓Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓Fair disciplinary trial, built churches, distribute book and allowed play to be
staged, permitted prisoners to find small garden and rehabilitation system.
Walter Crofton – He is the Director of the Irish Prison in 1854 who
introduced the Irish system that was modified from the Mocanochie’s mark
system.
1st Stage
✓solitary confinement for nine months
✓reduced diet and allowed monotonous work .
2nd Stage
✓assignment to the public works at Spike Island
✓the prisoner worked his promotions through a series of grades according
to a mark system and wore a badge of distinction to show his status
3rd Stage
✓the prisoner was sent to lurk or Smithfield which was a sort of preparation
for release.
✓work without custodial supervision and was expose to ordinary temptation
of freedom.
Final Stage was the release on supervision under conditions equivalent to
present day parole.
1837
➢First Parole Law was passed in Massachusetts.
➢At the same time Captain Mochanochie, In charge of the
English Penal Colony in Norfolk Island, Australia, introduce a
system whereby a prisoner was given a “TICKET OF LEAVE”
(the equivalent of parole) after earning a certain required
number of marks.
DR. S.G. HOWE OF BOSTON
➢First man to use the word “PAROLE”.
➢He used the word in a letter to the Prison Association of New
York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the
approval of the law --- creating Elmira Reformatory.
Zebulon Brockway
➢First Superintendent of Elmira Reformatory in New York
➢He introduced training school type, education for prisoners, solitary
confinement for night and congregate workshop were adopted,
extensive use of parole and indeterminate sentence.
➢The Elmira Reformatory (1876 in Elmira, NY) First reformatory and
considered as the forerunner of modern penology because it had all
the elements of a modern system.
2nd grade of classification (6 mths) 1st Grade (6 months) Release
3rd grade misconduct
1 month of good behavior
Parole in the Philippines
Act No. 4103 (ISLAW)
➢as amended by Act No. 4203 and Act No. 4225
➢is the Indeterminate Sentence Law, which took effect on 5
December 1933 and currently still enforceable. This law is
responsible for the establishment of the parole system in the
Philippines and the Board of Pardons and Parole, which is tasked
to administer the parole system.
▪ E.O 83 Series of 1937
✓Change “Board of indeterminate sentence” to Board of Pardons
✓Has the power to assist and recommend to president in granting executive
clemency
▪ E.O 94 Series of 1947 “The Reorganization Law of 1947”
✓ Renamed to Board of Pardons and Parole
 Pardon
➢It is a form of Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient is not entitled to it
as a matter of right. It is discretionary and not subject to review by
the judiciary.
➢It dates back to the pre-Christian Era. It was applied to members
of the Royal Family who committed crimes and occasionally to
those convicted of offenses against the royal power. In England it
was usually an exclusive power of the king but there were times
that were extended to the Queens upon advised of the Minister of
the Interior.
➢It is highly political in nature and is usually granted in response to
popular clamor (noise) or to aid in the return to normalcy of a
political situation that might affect the country if not addresses.
History of Pardon
England
➢Pardon was developed out of the conflict between the King and
the Nobles who threatened their powers.
➢Pardon was applied to members of the Royal family who
committed crimes and occasionally to those convicted of
offenses against the royal power. It was the general view that
the pardoning power was the exclusive prerogative of the King.
➢In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.
History of Pardon
United States
➢Pardoning among the early American colonists was a carry-
over of the English practice.
➢The pardoning power was exercised by the Royal governor
through the power delegated by the King.
➢After the declaration of Independence, the Federal and State
constitutions vested the pardoning power on the President of
the United States and the Governor in federal and state cases,
respectively.
History of Pardon
Philippines
➢The Jone’s Law Section 21 stated that “the Governor General
of the Philippine Islands is vested with the power to grant
pardons and reprieves and remit fines and forfeiture”.
➢The pardoning power was vested in the Prime Minister by
Article IX, Section 14 of the Philippine Constitution which states:
“The Prime Minister shall have the power to grant reprieves,
commutations, and pardons, and remit fine and forfeitures, after
convictions for all offenses, except cases of impeachment, upon
such conditions and with such restrictions and limitations as he
may deem proper to impose. He shall have the power to grant
amnesty with the concurrence of the Congress.”
 History of Amnesty
USA
➢President Harry S. Truman issued two Presidential proclamations granting
amnesty to groups of unnamed persons who were anti-war activists who
opposes the involvement of the U.S in two wars.
✓ 1st was in 1945 after World War II
✓ 2nd is after Korean War in 1952
Philippines
➢Presidential proclamation no. 51 by President Manuel Roxas
✓ For those who collaborated with the Japanese during WWII
➢Presidential proclamation no. 76 by Elpidio Quirino
✓ For those members of HUKBALAHAP and Pambansang Kaisahan ng Mga Mambubukid
(PKM) an organization of peasants fighting for agrarian reform and is part of the
communist underground movement