SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Canlas, Kate Nicole N.

Apil Clarence B
NAMES Perto, Ligawen Atonen
Pisec, Ray Arvin A.
Queyquep, John Reeve
COURSE CODE &
CRIMSO9- BDB
SECTION
TOPIC Non-Institutional Correction
DATE
INSTRUCTOR GLENA A. ALOS

TABLE OF CONTENTS

Page 2 2.1 discuss the forms of clemency such as but not limited to: Executive
Clemency Conditional, Commutation Pardon, Absolute and Sentence, and
Reprieve; other relevant remedies granted by the Court; other clemency
such as Decriminalizing certain criminal acts, Repealed Penal/ Criminal
Laws; and Amnesty. Including the processes and procedures of the grant
denial/ disqualifications, supervision and monitoring, violation process of
the condition/s, changes in the of condition/s, suspension, revocation,
arrest of the grantee, discharge, and release of grantee

Page 3 2.2 Apply the processes of the Probation System from petition,
investigation, grant, denial/disqualification, supervision, monitoring,
violation of the condition/s, changes in the condition/s, suspension,
revocation, trial, early discharge, and release of the probationer, including
the role of the probation officer, probation aids, and the victim/complainant
in the probation process.

Page 6 2.3 Apply the processes of the Parole System from petition review
evaluation of the institution BJMP and BUCOR, investigation, grant of the
Board of Pardons and Parole, denial/disqualifications, the process of
supervision and monitoring, violation of the conditions, changes in the
condition/suspension, revocation, arrest of the parolee, early discharge,
and release of the parolee, including the role of the parole officer,
victim/complainant in the and process

Page 8 2.4 Discuss the process and grant of time, allowance,

qualification/disqualification/cancellation/revocation of the grant, and the
related provision of the extinction of criminal liability both total and partial

Page 10 2.5 Explain the relevant provisions of the laws on PDLs preventive
imprisonment allowance for good conduct and special time for loyalty.

FORMS OF CLEMENCY

Page 1 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

PARDON - A pardon forgives the offense and restores some rights lost as a result of
the conviction. A pardon does not erase or expunge the record of conviction. Pardons
typically are granted after the recipient has completed his or her sentence. Free pardon
is an absolute, unconditional pardon. A person who is granted a free pardon is deemed
to have never committed the offence. Any consequence resulting from the conviction,
such as fines, prohibitions or forfeitures will be cancelled upon the grant of a free
pardon. In addition, any record of the conviction will be erased from the police and court
records, and from any other official data banks.
The President can issue various "types of pardons". The two most common are full
pardons and conditional pardons. A full pardon absolves the individual from all the legal
consequences of his or her crime and conviction. A conditional pardon, on the other
hand, entails that the individual must meet certain conditions before or after release.
The pardoning power of the President is a complex but vital component of the Philippine
legal system. Understanding its constitutional basis, scope, limitations, and social
implications is crucial for legal practitioners, scholars, and even the general public. It is
a power that needs to be exercised with judiciousness and responsibility, keeping in
view the larger goals of justice and social harmony.
Commutation of Sentence – a Commutation of Sentence will adjust the prisoner's
penalty to one less severe but will not restore any civil rights, and it does not restore the
authority to own, possess, or use firearms. A commutation reduces or ends the
sentence that was ordered by the court. It does not change the fact of conviction or
imply innocence. A commutation of sentence reduces the length of an incarcerated
person's term of imprisonment. Commutation of Sentence. A request to reduce a
criminal sentence to a lesser time period. This is often referred to as a "time cut".
REPRIEVE – This gives temporary relief from a punishment. Typically, this is authorized
to give a person an opportunity to find a means or reason for reducing a sentence
imposed. A reprieve is a temporary postponement of punishment or sentence, usually
granted as an act of clemency. Reprieves do not vacate a conviction.
The eligibility criteria and application process varies for each type of executive
clemency. Individuals seeking clemency typically submit a formal petition to the Office of
the Pardon Attorney in the Department of Justice (for federal convictions) or to their
state Governor's office. The petition is then reviewed to determine if the applicant meets
the standards for a pardon, commutation or reprieve.
Remission – This is a reduction or cancellation of court-ordered fines imposed against
a person.
Remission refers to the cancellation or release of a financial obligation, debt, or claim. It
can also refer to a pardon granted for an offense or relief from a penalty or forfeiture.
Amnesty – This is typically a pardon extended to a group or class of people, usually for
a political offense. Unlike a pardon, amnesty removes all legal memory of the offense.
In criminal law, sovereign act of oblivion or forgetfulness (from Greek amnēsia) for past
acts, granted by a government to persons who have been guilty of crimes. It is often
conditional upon their return to obedience and duty within a prescribed period.
Pardon without Firearm Authority – This pardon releases a person from punishment
and forgives guilt. It entitles them to all of the rights of citizenship except the specific
authority to own, possess, or use firearms.

Page 2 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Petition:
The petition process for probation begins when the defendant or their attorney submits
a request to the court, supported by documentation and arguments for why probation is
appropriate. The court then reviews the petition, notifies relevant parties, and schedules
a hearing. During the hearing, the defendant, their attorney, and the prosecution present
their cases, and a probation officer may provide a report. The judge then decides
whether to grant or deny the petition, issuing an order with specific probation terms if
granted. This process ensures a thorough evaluation of the defendant's suitability for
probation.
Investigation:
The investigation process for probation involves a probation officer gathering
information to assess the defendant’s suitability for probation. This includes checking
the defendant’s criminal history, conducting interviews with the defendant, their family,
and possibly victims, and evaluating the defendant’s risk of reoffending and
rehabilitation needs. The officer then prepares a pre-sentence report summarizing their
findings and recommendations, which is submitted to the court to aid in the decision-
making process regarding probation.
Grant:
The grant process for probation occurs after a petition is filed and reviewed. Following a
hearing where arguments and evidence are presented, the judge assesses the
information, including recommendations from the probation officer. If the judge decides
that probation is appropriate, they issue an order outlining the specific terms and
conditions of probation. The defendant then begins probation under these terms, with
ongoing supervision and monitoring to ensure compliance.
Denial/Disqualification:
The denial or disqualification process for probation happens when the court determines
that probation is not suitable for the defendant. This decision follows the review of the
petition, hearing, and any input from the probation officer and prosecution. If the court
concludes that the defendant does not meet the criteria for probation, they deny the
petition, leading to an alternative sentence, such as incarceration or another form of
punishment. The court's decision is based on factors like the severity of the offense and
the defendant's criminal history.
Supervision:
The supervision process for probation involves a probation officer monitoring the
probationer’s compliance with court-imposed conditions. The officer conducts regular
meetings with the probationer, checks their adherence to requirements such as drug
testing and attendance at counseling, and provides support or referrals for additional
resources. The officer also reports progress and any violations to the court, ensuring
that the probationer meets the terms of their probation and addresses any issues that
arise
Monitoring:
The monitoring process for probation involves the probation officer tracking the
probationer’s adherence to the conditions set by the court. This includes routine check-
ins, drug tests, and verification of compliance with requirements such as attending
counseling or maintaining employment. The officer also observes the probationer's
behavior and progress, reporting any issues or violations to the court to ensure that the
probationer remains on track with their probation terms.

Page 3 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Violation of Conditions:
When a probationer violates the conditions of their probation, the process typically
involves several steps:
Documentation: The probation officer records the details of the violation, including
evidence and any relevant circumstances.
Reporting: The officer reports the violation to the court, providing a detailed account of
the infraction.
Review: The court reviews the reported violation and assesses its severity. This may
involve examining whether the violation was minor or significant and whether it reflects
a pattern of non-compliance.
Hearing: A court hearing may be scheduled to address the violation. During this
hearing, the probationer has the opportunity to respond to the allegations, and both the
defense and prosecution present their cases.
Consequences: Based on the hearing, the court decides on appropriate actions, which
might include additional conditions, sanctions, or in severe cases, revocation of
probation and imposition of incarceration.
Suspension: The suspension process for probation involves the probation officer
identifying significant issues or violations, reporting these to the court, and then the
court reviewing the situation. If the court agrees that the issues warrant a pause, it
issues a suspension order that temporarily halts the probationer's probation. During this
suspension, the court may set interim conditions or schedule further hearings to
determine the next steps.
Revocation: The revocation process for probation occurs when a probationer
significantly violates their probation conditions. The process involves:
Violation Reporting: The probation officer reports the serious violation to the court.
Court Review: The court reviews the violation and may schedule a hearing.
Hearing: During the hearing, the probationer can respond to the allegations.
Decision: The court decides whether to revoke probation, which can lead to
incarceration or other penalties.
Trial: The trial process for probation violations involves:
Filing Charges: Formal charges are filed against the probationer for the alleged
violation.
Pre-Trial Procedures: Preliminary hearings or motions may be held to address legal
issues.
Trial: Both the defense and prosecution present evidence and arguments before a
judge or jury.
Verdict: The judge or jury determines if the probationer committed the violation.
Sentencing: If found in violation, the court decides on appropriate sanctions, which may
include revocation or modification of probation.
Early Discharge: The early discharge process for probation involves:
Petition: The probationer files a petition requesting early discharge, often after
demonstrating good behavior and compliance with all probation conditions.

Page 4 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Review: The probation officer reviews the petition and provides a recommendation to
the court.
Hearing: The court holds a hearing to consider the petition, where the probationer may
present evidence of their progress and rehabilitation.
Decision: The judge decides whether to grant early discharge based on the
probationer's performance and compliance.
Order: If approved, the court issues an order formally ending the probation period early.
Release of the Probationer: Once probation is completed satisfactorily, the
probationer is officially released from the probation system. This signifies the end of the
probation period and the fulfillment of all conditions.
The release process for a probationer involves:
Completion: The probationer completes all required conditions and terms of their
probation.
Review: The probation officer confirms that all conditions have been met and prepares
a report.
Court Notification: The court is informed that the probationer has fulfilled all
obligations.
Final Hearing: A final review or hearing may be held to officially end the probation
period.
Release Order: The court issues an order formally releasing the probationer from
probation.
Role Probation Officer: The role of a probation officer involves:
Assessment: Evaluating the probationer’s background, risk of reoffending, and
rehabilitation needs.
Supervision: Monitoring the probationer's compliance with court-imposed conditions
through regular meetings and checks.
Support: Providing guidance and resources to help the probationer meet their
conditions, such as referring them to counseling or job training
Reporting: Documenting and reporting the probationer's progress or violations to the
court.
Enforcement: Taking appropriate actions when violations occur, including
recommending sanctions or modifications to probation terms.

Probation Aids: Probation aids support the probation process by:

Assisting Probation Officers: Helping probation officers with case management tasks,
such as scheduling meetings, tracking compliance, and maintaining records.
Providing Resources: Offering referrals and connecting probationers to resources like
counseling, educational programs, or job placement services.
Monitoring: Supporting the monitoring of probationers by conducting follow-ups and
gathering information relevant to the probationer’s progress
Administrative Support: Handling administrative duties, including documentation and
communication, to ensure smooth operation of the probation process.
Victim/Complainant: The victim or complainant process in probation involves:
Notification: Victims or complainants are informed about the probation proceedings
and their rights to participate.
Impact Statement: They may provide a statement detailing how the crime affected
them, which can influence the court's decision on probation.
Attendance: Victims or complainants might attend hearings to present their views or

Page 5 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

objections regarding the probationer's suitability for probation.

Feedback: Their input is considered by the court and probation officer when
determining the conditions of probation or responding to violations.

Processes of the Parole System from system

1. Petition, Review, and Evaluation
An inmate's petition for parole is the first step toward obtaining parole. The Bureau of
Jail Management and Penology (BJMP) for inmates serving sentences in jails, or the
Bureau of Corrections (BuCor) for inmates serving terms in national prisons, is the
organization to which this petition is filed. The facility thoroughly reviews and assesses
the case of the prisoner, taking into account several aspects like the type of offense
committed, the prisoner's actions during their incarceration, the degree of their
rehabilitation, and the possibility of their reintegration into society.

2. Investigation and Recommendation

If the facility determines that the prisoner qualifies for parole, the case is sent to the
Department of Justice's Parole and Probation Administration (PPA). In order to conduct
a thorough investigation, the PPA speaks with the inmate's relatives, neighbors, and
other pertinent parties during a community interview (CI). their criminal history, their
conduct while incarcerated, their likelihood of rehabilitation, and the community's safety.

3. Grant or Denial of Parole

The BPP reviews the inmate's case file, including the PPA's recommendation, and
makes a decision on whether to grant or deny parole. The BPP considers factors such
as the inmate's criminal history, their behavior in prison, their potential for rehabilitation,
and the safety of the community. Denial of parole can occur for various reasons,
including:
Disqualifications: Certain offenses, such as treason or piracy, make individuals
ineligible for parole.
Pending Criminal Cases: Individuals with pending criminal cases for offenses
committed while serving their sentence are also ineligible.
Mental Disorders: Inmates with properly certified mental disorders are not eligible for
parole.
Unsuitable for Parole: The BPP may deny parole if they believe the inmate poses a
significant risk to the community or is unlikely to comply with parole conditions.

4. Supervision and Monitoring

If parole is granted, the inmate is released under the supervision of the PPA. A parole
officer is assigned to the parolee and is responsible for monitoring their compliance with
parole conditions.

Page 6 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

These conditions can include:

Reporting Requirements: Regular meetings with the parole officer
Employment or Education: Maintaining employment or pursuing educational
opportunities
Residency Restrictions: Living in a specific area or avoiding certain locations
Substance Abuse Treatment: Participating in drug or alcohol treatment programs
Other Restrictions: Avoiding contact with specific individuals or engaging in certain
activities
The parole officer plays a crucial role in supporting the parolee's reintegration into
society. They provide guidance, resources, and assistance to help the parolee adjust to
life outside prison.

5. Violation of Parole Conditions

If a parolee violates any of their parole conditions, they may face consequences,
including:
Changes in Conditions: The parole officer may modify the parole conditions to
address the violation.
Suspension: The parole officer may temporarily suspend the parolee's privileges. -
Revocation: The BPP may revoke the parole, requiring the parolee to return to prison
to serve the remainder of their sentence.
Arrest: The parole officer may arrest the parolee for violating parole conditions.
6. Early Discharge and Release
Parolees can be eligible for early discharge if they demonstrate successful compliance
with parole conditions and show positive progress in their rehabilitation. This involves a
review by the parole officer and the BPP. Once the BPP approves the early discharge,
the parolee is released from parole supervision.
7. The Role of the Victim/Complainant
While the parole process primarily focuses on the inmate's rehabilitation, the
victim/complainant also has a role to play.
Victim Impact Statements: Victims may be given the opportunity to provide victim
impact statements to the BPP, sharing their experiences and the impact of the crime on
their lives. This information can help the BPP understand the consequences of the
crime and make informed decisions about parole.
Notification of Parole: Victims may be notified when a parolee is released from prison
and may be informed of the parolee's location and parole conditions.
Support Services: Victims may be offered support services, such as counseling or
advocacy, to help them cope with the trauma of the crime and navigate the parole
process.

Time Allowance: The Concept and Grant

Time allowance is a mechanism designed to incentivize good behavior and
rehabilitation among individuals deprived of liberty (PDLs). This allowance, commonly
known as Good Conduct Time Allowance (GCTA), is a deduction from the initial
sentence imposed on a convicted person. The GCTA is governed by Republic Act No.
10592, which amended several provisions of the Revised Penal Code.

Page 7 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

The GCTA is granted based on the following criteria:

•Good Behavior: PDLs are assessed for their conduct during their imprisonment. The
deduction allowed for good behavior varies depending on the duration of imprisonment.
•Study, Teaching, or Mentoring: PDLs who engage in educational activities are granted
additional deductions.

The Director of the Bureau of Corrections (BuCor) has the authority to grant the GCTA.

Qualification and Disqualification for GCTA

To be eligible for GCTA, PDLs must meet specific qualifications:
•No Recidivism: They must not be recidivists, meaning they have not been convicted
previously twice or more times of any crime.
•Voluntary Surrender: They must have surrendered voluntarily when summoned for
the execution of their sentence.
•Good Conduct: They must demonstrate good behavior throughout their imprisonment.

PDLs may be disqualified from receiving GCTA if they:

•Commit Disciplinary Offenses: They engage in acts that violate prison rules and
regulations.
•Fail to Meet Good Behavior Standards: They fail to maintain a record of good
conduct.
•Engage in Criminal Activities: They are involved in criminal activities while
incarcerated.
Cancellation and Revocation of GCTA
The GCTA can be cancelled or revoked under certain circumstances:
•Disciplinary Offenses: If a PDL commits serious disciplinary offenses, their GCTA can
be cancelled.
•False Information: If the GCTA was granted based on false information, it can be
revoked.
•Recidivism: If a PDL is convicted of another crime while serving their sentence, their
GCTA can be revoked.

The BuCor has the authority to cancel or revoke the GCTA.

Extinction of Criminal Liability: Total and Partial

The Philippine Revised Penal Code outlines various ways in which criminal liability can
be extinguished. This extinction can be total or partial, resulting in the complete or
partial elimination of the penalty and its effects.

Page 8 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Total Extinction of Criminal Liability

The following circumstances lead to the total extinction of criminal liability:
•Death of the Convict: The death of the convict extinguishes the personal penalties.
Pecuniary penalties are extinguished only if the death occurs before final judgment.
•Service of the Sentence: Upon the completion of the sentence, the criminal liability is
extinguished.
•Amnesty: Amnesty is a pardon granted by the government, completely extinguishing
the penalty and all its effects.
•Absolute Pardon: An absolute pardon is a grant of forgiveness by the President,
extinguishing the penalty and its effects.
•Prescription of the Crime: The passage of time can extinguish criminal liability. The
prescription period varies depending on the severity of the crime.
•Prescription of the Penalty: The penalty itself can also prescribe, meaning it can no
longer be enforced.
•Marriage of the Offended Woman: In certain cases, the marriage of the offended
woman can extinguish criminal liability.

Partial Extinction of Criminal Liability

Partial extinction of criminal liability occurs when the penalty is reduced or modified but
not entirely eliminated. This can happen through:
•Conditional Pardon: A conditional pardon is a grant of forgiveness by the President,
but it is subject to certain conditions. If the conditions are not met, the penalty can be
reinstated.
•Commutation of Sentence: Commutation is the reduction of the penalty by the
President. This can involve reducing the duration of the sentence or changing the type
of penalty.

The relevant provisions concerning preventive imprisonment, allowance for good

conduct, and special time allowance for loyalty for Persons Deprived of Liberty (PDL) in
the Philippines are primarily governed by the Revised Penal Code (RPC) and related
administrative orders issued by the Department of Justice (DOJ) and the Bureau of
Corrections (BuCor).
1. Preventive Imprisonment
- Article 29 of the Revised Penal Code: This article covers the rules on preventive
imprisonment, which refers to the time a person spends in jail before their final
conviction and sentencing. Under this provision:
- A PDL who voluntarily agrees in writing to abide by the rules and regulations of the
jail is entitled to full credit of the period of their preventive imprisonment towards their
sentence.
- If the PDL does not agree to abide by the rules, they are entitled to a deduction of
only four-fifths of the time spent in preventive imprisonment.

Page 9 of 10
 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

General Luna Road, Baguio City Philippines 2600

Telefax No.: (074) 442-3071 Website: www.ubaguio.edu E-mail Address: [email protected]

Exception: A recidivist, habitual delinquent, escapee, or person previously convicted of

an offense punished by reclusion perpetua or higher penalties is not entitled to the
benefits of preventive imprisonment.

2. Good Conduct Time Allowance (GCTA)

- Republic Act No. 10592 (2013) amended the Revised Penal Code to allow more
generous allowances for good conduct. Under this law, PDLs may receive a reduction in
their sentence based on their good behavior while in prison:
- First two years of imprisonment: 20 days of deduction for each month of good
behavior.
- Third to fifth year of imprisonment: 23 days of deduction for each month of good
behavior.
- Sixth to tenth year of imprisonment: 25 days of deduction for each month of good
behavior.
- Eleventh year and onward: 30 days of deduction for each month of good behavior.
- Additional Credits: An additional 15 days may be credited to the sentence of a PDL for
every month of study, teaching, or mentoring service.

3. Special Time Allowance for Loyalty:

- Also under RA No. 10592, a special time allowance for loyalty is granted to PDLs
who, during the time of calamities such as a fire, earthquake, or similar emergencies, do
not escape even if they had the opportunity to do so.
- This provision allows a PDL to be credited with one-fifth of the period of their
sentence or preventive imprisonment during the emergency, provided they did not
escape.

Application of These Provisions:

The application of these laws has become a significant issue in the criminal justice
system in the Philippines, particularly concerning the release of PDLs. The GCTA law,
for instance, was subject to controversy and legal challenges due to its potential
application to high-profile convicts. The implementation of these provisions is under the
supervision of BuCor, with specific guidelines to ensure proper computation and
application. These provisions aim to reward good behavior, promote rehabilitation, and
provide PDLs with a chance to reintegrate into society earlier if they demonstrate good
conduct and loyalty.

Page 10 of 10