Penology

study of punishment for crimes, it includes

the study of control and prevention of
crime through punishment of offenders.
a branch of criminology which deals with
prison management, and the treatment of
criminal offenders.
"Peno“ Poine (Greek)/ Poena (Latin)
=Punishment

and "Logy“ Logos (Latin)

=science
 Correction
branch of CJS charged with the responsibility for
the custody, supervision, reformation and
rehabilitation of convicted offenders.
it is a generic term that includes all government
agencies, facilities, programs, procedures,
personnel and techniques concerned with the
investigation, intake, custody, confinement,
supervision, or treatment of alleged or convicted
offender.
Five Agencies under Three Departments
1. Department of Interior and Local Government (DILG)
*Bureau of Jail Management and Penology (BJMP)

2. Department of Justice (DOJ)

*Bureau of Corrections
*Board of Pardons and Parole
*Parole and Probation Administration

3 .Department of Welfare and Development (DSWD)

*Child and Youth Welfare Bureau
-10 Regional Youth Rehabilitation Center
Two Forms of Correctional
Treatment of Criminal Offenders
Institutional Correction
Non-Institutional Correction
Non-Institutional Correction/
Community-Based Correction
programs designed to help
and offender to be reformed
in the free community.
 Significance of Community – Based
Corrections
 Humanitarian Aspect – to subject anyone to custodial coercion is to
place him in physical leopard, to narrow drastically his access to sources
of personal satisfaction and to reduce self-esteem.
 Restorative Aspect – Concerns measure expected to achieve for the
offender a position in the community in which he does not violate the
laws. There measures may be directed at change, control or
reintegration; the failure of offenders to achieve these goals can be
measured by recidivism, and their success is defined by reasoning
specific objectives set by correctional decision makers.
 Managerial Aspects – are of special importance because of the sharp
contrast between the per capital costs of custody and any kind of
community program. When offenders can be shifted from custodial
control to community – based programming without loss of public
protections, the managerial criteria require that such shift be made.
Types of Non-Institutional Correction
1 .Probation
2 .Parole
3. Executive Clemencies
*Pardon
 -Absolute Pardon
 -Conditional Pardon
*Commutation of Sentence
*Amnesty
*Reprieve
 Probation
- a disposition after which the defendant after
conviction and sentence is released, subject to the
conditions imposed by the court and the
supervision of the probation officer .

-It is a procedure whereby the sentence of an

offender is suspended while he is permitted to
remain in the community.
-Probation is a PRIVILEGE not a right.

*"Probare"(Latin) meaning "to prove or to

test".
-probation involve testing of an offender
and his proving that he is worth of his
freedom. It originated in England in the
year 1841.
FORERUNNERS OF
PROBATION
 1. Benefit of the clergy

-during the time where the influence of the church has

been so vast that even monarchs follow its decree, an
erring member of the clergy who has been brought to
trial to be examined by the king's court may be claimed
by the bishop or chaplain on the grounds that clergyman
are subject to the authority and jurisdiction of
ecclesiastical courts. Greater leniency has been
manifested in sentencing of said offender.
 2. Judicial Reprieve

(Reprieve- "reprende"- meaning make fade)

another means of reducing the severity of

penalties and harshness of punishment was a
temporary suspension of sentence imposed
by the court, used by early English judges
Execution is suspended for a period of time either
before of after judgment-where the judge is:
1. Not satisfied with the verdict.
2. The evidence is suspicious.
3. The indictment is insufficient.
4 .Or he is doubtful whether the offense is within
clergy.
5. Small Felony
6. Favorable circumstance appear in criminal
character so accused can apply to King for
absolute of conditional pardon.
 3. Recognizance (binding over good
behavior)

-considered as the direct ancestor of probation .

-it is an old method of deferring judgement involving an
obligation of promise on the part of the offender sworn
under the court order not to violate any law in the
future and release is obtained granting that those
conditions were met.
-the person who stood surety has the power and duty
to impose the conditions and return the person to court
if he commit another crime or fail to comply with the
conditions.
 4. Transportation (Banishment/Exile)

- lasted for an approximate period of two centuries

as primary method of dealing with criminal
offenders. Substitute for brutal punishment at home
and opportunity for rehabilitation in new country.
Colonies who benefited from this method of
dispensing with prisoners got cheaper labor in place
of harsh penalty.
History of Probation
 Matthew Davenport Hill

-an English magistrate practiced his method

which includes suspending judgement and
releasing the convict on his own recognizance
with a pledge not to commit any crimes .He
worked for the guardianship of parents and
employers of juvenile and first time offenders to
save them from the stigma of prison life.
-Held as the Father of Probation in England
 John Augustus
-a shoemaker (shoe cobbler) from Boston,
Massachusetts, USA, he started the rudimentary form
of probation.
-secured the release of a drunkard at Boston court by
acting as surety. The offender turned to be sober,
industrious citizen under his care.
- he coined the word probation.
-FATHEROF PROBATION/FATHER OF
PROBATION IN US
 Augustus Experiment
-August 1841- rugged drunk man.
3 weeks-the drunkard was brought back to
court where the judge cannot recognize him.
-out of 2000 persons whom he extended his
help, only 10 were ungrateful. And out of 1100
cases, only one case was forfeited.
1841
Birth year of Probation
 Edward N. Savage
-In 1887, he was appointed as a
probation officer for the city of
Boston. Held as the first probation
officer employed by the government.
-first paid Probation officer.
 Massachusetts
-First State where the first practical
demonstration of probation was
made, the first use of the term as a
court service and the enactment of
the first probation law occurred.
 April 26, 1878
-signing of the first probation law by Gov.
Alexander H. Rice of the State of
Massachusetts. The law provided for the
appointment and prescribed the duties of a
salaried probation officer.
United States Federal Probation Act- Enacted
on March 4, 1925.
History of Probation in the
Philippines
 Act No. 4221
- August 7, 1935
-a Probation Act enacted by the Philippine
legislature, creating a Probation Office under
the DOJ, led by a Chief Probation Officer
appointed by the American Governor- General
with the advice and consent of the United
States Senate.
-the first probation law.
 People Vs. Vera 37 O.G. 164
Challenged the constitutionality of Act. 4221, on three
grounds:

1. Encroaches the pardoning power of the chief

Executive

2. It constitutes an undue delegation of legislative

power, and

3 It denies the equal protection of the law

 November 16, 1937
 when Act No. 4221 was
declared to be
unconstitutional.
The turning point of probation law came
on November 13, 1974 when Juan Ponce
Enrile , then National Defense Secretary
and concurrent chairman of the National
Police Commission created the
Inter-Disciplinary Committee on Crime
Prevention. Teodulo Natividad was
appointed as Chairman with four member
they are tasked to draft the adult probation
decree.
 House Bill No. 393
-introduced by Cong. Teodulo C. Natividad and
Ramon Bagatsing
-entitled An Act Establishing Probation in the
Philippines; Providing Probation Officers therefore and
for other Purposes. Avoided the objectionable features
of Act No. 4221 that struck down the 1935 law as
unconstitutional.
The bill was passed in the House of Representative but
was pending in the Senate when martial law was
declared.
P.D. 968
(Adult Probation Law 1976)
- July 24, 1976 when it was signed into
law by Pres. Ferdinand E. Marcos.
-it was on January 3, 1978 when it
became operational
 Teodulo C. Natividad

- former NAPOLCOM
Commissioner and
Congressman of Bulacan.
- Father of Probation in the
Philippines.
The Present Probation Law
Presidential Decree 968
(The Adult Probation
Law/ Probation Law of
1976)
 Definition of terms

Probationer- means a person placed on probation.

Probation Officer-means one who investigates for the court
a referral for probation or supervises a probationer or both.
Petitioner- the person applying for probation.
Absconding Probationer- person whose probation was
granted but failed to report for supervision.
Absconding Petitioner- convicted defendant whose
application for probation has been given due course but fails
to report to the probation office.
 Parole and Probation Administration

Nov. 23, 1989, EO No. 292, “Administrative Code of 1987”

was promulgated.
Under this law the Probation Administration was renamed
to Parole and Probation Administration.
 Procedures in Obtaining Probation

1. Application for Probation

-as provided under sec.4 PD 968, there
is a need for the defendant to file an
application for probation.
*Who can apply for probation?

- any sentenced offender, 18 years

old and above to serve a minimum
term of imprisonment of not more
than 6 years and is not specifically
disqualified by law.
 Disqualified offenders:

1. Sentenced to serve a maximum term of imprisonment

of more than six years.
2. Convicted of crimes against the security of the state
(Art. 137- 150 except 135, 140, and 152 of the RPC)
3. Previously convicted and punished of not less than 1
month and 1 day imprisonment and/or a fine of not less
than 200 pesos ( include those punished with destierro)
4. Those who were previously granted probation under
P.D 968.
*Where to file an application for
probation?

-Shall be filed with the court that

tried and sentenced the offender.
*When can a petitioner file his
application for probation?

-the law says that the application

should be made within the period of
perfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
*Form prescribed for the
application for probation:

It shall be in the form approved by

the Secretary of Justice as
recommended by the
Administrator or as may be
prescribed by the SC.
2. The duty of the court after
receipt of the application

-the court shall determine the

convict's qualification and notify the
concerned prosecuting officer of the
application at a reasonable time
before the scheduled hearing
thereof.
3. The prosecutor shall submit his
comment on such application with 10
days from the receipt of the
notification.

P.D. 1257- participation of the

prosecutor in the determination of the
application for probation.
4. If the petitioner is qualified, his
qualification is referred to the PROBATION
OFFICER for POST-SENTENCE INVESTIGATION
within a period of SIXTY (60) DAYS.
Determinant Factors in the PSI:
a. Antecedents
b. Character
c. Behavior
d. Physical condition
e. Mental condition
After the conduct of PSI the probation officer
should submit a POST-SENTENCE INVESTIGATION
REPORT.
5. Post-sentence investigation report shall
be submitted within 60 days.
Contents of PSIR
a. present offense
b. previous criminal record
c. family situation
d. neighborhood situation
e. social history
f. educational background
g. employment history
h. associates and participation
i. habits
j. physical condition
k. mental condition
l. summary
m. recommendation
* Nature of information gathered- is
strictly confidential and privilege
6. The court grants or denies the petition for
probation within 15 days upon receipt of
the PSIR.

Remember: The PSI and submission of PSIR

are pre-requisites to the court disposition on
the application for probation.
Effect of Application for probation:

a. the court may, upon receipt of the

application suspend the execution of
sentence imposed in judgment;

b. pending the submission of the PSIR and

the resolution on the application, the
applicant may be allowed on temporary
liberty under his bail, on a new bail, or
released on recognizance.
The filing of the application
shall be deemed a waiver of
the right to appeal, or the
automatic withdrawal of a
pending appeal.
Remember: Probation starts
upon issuance of the court of
the Probation Order
(an order granting probation).
*The order grating
probation or denying
probation SHALL NOT BE
APPEALABLE.
 guilty appeal

MTC Judgment
probation
Not guilty

Denied
Application Judgment
MTC Post-Sentence Investigation
(Petition)
Granted

Post-Sentence Investigation
petitioner
Report

Probation Officer
The court will not grant Probation if it
finds:
a. The offender can be treated better
in a mental institution.
b. The offender is a risk to the
community.
c. The offense is grievous to the eyes of
the community.
The conditions imposed by the court
when probation is granted:
a. The probationer must present himself
to his probation officer within 72 hours.
b. Report to his probation officer at least
once a month.
c. Not to commit another crime.
d. Comply with any other lawful
conditions imposed by the court.
Discretionary or Special Conditions that
can be imposed by the court:

a. Cooperate with a program of

supervision.
b. Meet his family responsibilities.
c. Devote himself to specific
employment and not to change said
employment without the prior written
approval of the probation officer.
d. Undergo medical psychological or
psychiatric examination and
treatment and enter and remain in a
specified institution, when required.
e. Pursue a prescribed secular study
or vocational training.
f. Attend or reside in a facility
established for instruction, recreation
or residence of persons on probation
g. Refrain from visiting houses of ill- repute.
h. Abstain from drinking intoxicating
beverages to excess.
i. Permit the probation officer or an
authorized social worker to visit his home
and place of work.
j. Reside at a premise approved by the
court and not to change his residence
without prior approval.
*Change of Residence
-The probationer must file a request for change of residence
at the city or provincial Parole and Probation officer to the
court approval.

-If approved, the RTC which has a jurisdiction over the

place shall have full control of the probationer.
k. Satisfy any other conditions related to the rehabilitation of
the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
When can the court modify the
conditions for probation?
a. at any time during supervision.
b. after summary hearing when the
probationer violated any of its conditions.
c. upon application by the probation officer
or probationer himself.
-Only judges who heard and decided the
case has the power to grant, deny, modify,
revoke and terminate probation.
Period of Probation:

a.Not more than 2 years if the sentence

is imprisonment of 1 year or less.

b.Not more than 6 years if the sentence

is imprisonment for more than 1 year
but not more than 6 years.
Two concept of Probation Supervision

1. Operational supervision- refers to joint

process that takes place between the PO
and the probationer from the time the
probation was granted until its termination.

2. Administrative Supervision- refers to the

relationship between the PO and the
assistant PO during the conduct of the
operational supervision.
Levels of supervision

a. Minimum (green plan card)- minimal attention

is required and the probationer is ordered to
report once a month.
b. Medium (yellow plan card)- moderate
attention is given to probationer and he is
required to report at least twice month to the PO.
c. Maximum (red plan card)- this indicates that
the person placed under probation is in need of
considerable attention and guidance. Reporting
is more than twice a month
Two aspects of probation
supervision:

1. Authoritarian- deals with the

enforcement of the conditions
imposed by the court.
2. Guidance- direct the probationer
to live a law abiding life and be
productive member of the society.
Courtesy supervision

-undertaken by another probation office in

case of temporary change of residence
and when control and supervision of the
probationer are not transferred by the
Executive Judge and the CPPO respectively
of the jurisdiction where probationer resides.
Travel Outside the Area

1. For a period of 10 days but not exceeding 30 days , it

is the Probation officer which allows the probationer to
travel.
2. If 30 days, the Probationer must file 5 days before
travel a request to travel outside for the approval of
Probation authorities.
3. If more than 30 days Probation authorities shall
recommend for court Approval.
-Outside travel for cumulative period of
more than 30 days within a period of 6
months shall be considered as courtesy
supervision.
Caseload:

*10 probationers-Maximum
*3 probationer- Minimum
Volunteer Probation Aide
-A civilian of good repute and integrity,
at least 18 years of age, appointed by the
Probation Administration to assist the PO's in
investigation and supervision.
- A VPA is not entitled to salary but is given a
reasonable travel allowance.
- Probation aides may hold office during
good behavior for a period of 2 years ,
renewable at the end.
Revocation of Probation
- at any time during probation, the court may issue
a warrant for the arrest of the probationer for any
serious violation of the conditions of probations.
The probationer once arrested and detained, shall
be immediately be brought before the court for a
hearing of the violation charged.
- an order revoking the grant of probation or
modifying the terms and conditions thereof shall
not he appealable.
Termination of Probation
-after the probationer has satisfactorily
completed the probation period, the
Probation Officer shall submit termination
report within 30 days before the expiration
of the period of probation to the court
containing the following:

a. Brief personal circumstance of the

probationer;
b. Brief criminal circumstance about his
case.
c. Prescribed probation treatment and
supervision program.
d. Probationer's response to the treatment
program
e. Recommendation to discharge the
probationer from probation and the
restoration of all his civil rights.
f. Such other relevant and material facts
and information which may be required
by the trial court.
Grounds for Termination of
Probation:
1. Successful completion of probation.
2. Probation revocation for cause under.
3. Death of the probationer.
4. Early termination of probation
5. Other analogous cases or reasons on a
case to case basis as recommended by the
Probation office and approved by the trial
court.
Early termination of Probation
1. Those suffering from serious physical and/or
mental disability.
2. Those who do not need further supervision as
evidenced by the following:
a. Consistent and religious compliance with all
the conditions imposed in the order granting
probation.
b. Positive response to the programs of the
supervision designed to their rehabilitation.
c. Significant improvements in their social and
economic life.
d. Absence of any derogatory record while
under probation.
e. Marked improvement in their outlook in
life by becoming socially aware and
responsible members of the family and
community.
f. Significant growth in self- esteem, self-
discipline and self-fulfillment.
-provided that the probationers have already
served 1/3 of the imposed period of probation;
and provided further that in no case shall the
actual supervision period be less than 6 months.
3.Those who have to travel abroad due to any of the following:
a. an approved overseas job contract or any other similar
documents; or

b. an approved application for scholarship observation tour or study

grant for a period not less than 6 months.
c.an approved application for immigration
d.an approved application to take the Bar and the Board
examination.

- provided, that the probationer involved have fully paid their civil
liabilities, if any. And that the probationers were not convicted for
offense involving moral turpitude.

4. Other probationers who have fully cooperated with in the

programs of supervision designed for their rehabilitation.
Closing of Probation Case

- After the actual receipt of the termination

order finally discharging the probationer,
the PPA office shall formally close the
probation case and keep client's file.
Mode of Closing the Probation Case

-immediately after such closure of the

probation case, the corresponding
probation records shall be archived but
not after proper reporting is done.
P.D. 76- the period of punishment which is
probationable is extended from 6 years to 6
years and 1 day.

P.D. 1990- the period of punishment which

is probationable is lowered again from 6
years and 1 day to 6 years or less.

E.O. 292( Administrative Code of 1987)

- renamed the probation Administration
into Parole and Probation Administration.
PAROLE
 PAROLE
Is a procedure where prisoners are selected for release
on the basis of individual response and progress within
the correctional institution and a service by which they
are provided with necessary controls and guidance as
they serve the remainder of their sentence in a free
community.

Conditional release of an offender from a penal institution

after he has served the minimum period of his prison
sentence.
“Parole” is French for “word”
and is use here in the sense of
“word of honor”(parole dehoneur).
History of Parole
Parole as a penal practice was part of the reformatory
idea in Europe.
Two prison administrators in the early 19th century
contributed to the development of Parole:

1.Manuel Montesimus
2.Obermaier
 Alexander Maconochie
Norfolk Island Penal Colony, Australia.
Originated the use of “ticket-to-leave” or
conditional release equivalent to parole.
 Mark System
Blueprint of Modern Day Parole
Capt. Maconochie of the Norfolk, Island Penal
Colony, introduced into that colony of hardened
criminals living under the most degrading
condition a MARK SYSTEM.
It is based on the substitution of specific task for
the customary time sentence
Each prisoner upon arrival at the Norfolk Island Penal
Colony was debited with a number of MARKS
proportional to the seriousness of his offense.

The prisoner can redeem these marks against him and by:
1. Proper deportment
2. Labor
3. Study

When these marks are cancelled, he was eligible for

conditional release or ticket of leave.
Capt. Alexander Maconochie

“FATHER OF PAROLE AND

MODERN PENOLOGY”
 SIR WALTER CROFTON
Director of Irish Prison
Introduced the Irish System
Used Maconochie’s System
 Process:
First, prisoner must serve 12 months of solitary confinement.

Second, work in association with other convict.

Third, conditional release (for hard work and good conduct)

Fourth, “intermediate prison” (never less than six months)

- the prisoner lived in comparative freedom under the
supervision of a few armed guards, giving way for parole to develop in
America.
 ZEBULON BROCKWAY
Head of ELMIRA REFORMATORY
FEATURES OF ELMIRA
REFORMATORY:
1. Indeterminate Sentences, the prisoner could be released
on Parole.
2. All inmates in the reformatory were graded into 3 classes
according to achievement and conduct.
 The Three Grades in Elmira
ENTRANCE– 2nd grade (6 months)
-- earn good marks for behavior and
conduct.
PROMOTED– first grade
-- further showing of good conduct and
behavior the prisoner could be eligible for PAROLE.
DEMOTED- to 3rd grade for bad conduct or
misbehavior
- after 1 month he can be restored to
2nd grade.
Parole in the Philippines
 Act. No. 4103
“Indeterminate Sentence Law”
December 5, 1933

Was amended by Act. No. 4225 and

by R.A 4203 on June 19, 1965
 Board of Pardons and Parole

Was created pursuant to Act No. 4103.

Administers Parole in the Philippines.

 Functions:
1. To grant parole to qualified prisoners;

2. To recommend to the President the grant of

pardon and other forms of executive clemency;

3. To authorize the transfer of residence of

parolees and pardonees, order their arrest and
recommitment, or grant their final release
and discharge.
 Composition:
Secretary of Justice – Chairman
Members:
Trained Sociologist
Clergyman or Educator
Psychiatrist
A member qualified for such work and training.

They shall hold office for 6 years.

 Definition of terms:
Parolee – a person place under parole.
Board – refers to the Board of Pardon and Parole
Administration – refers to the Parole and Probation
Administration
Administrator- refers to the administrator of the BuCor.
Parole Supervision – refer to the act of placing a
parolee/pardonee under the supervision of a probation
and parole officer.
Client – prisoner released on parole or conditional pardon
and placed under the supervision of a Probation and
Parole officer.
 Essential elements of Parole
The prisoner sentence becomes final and
executory.
That he had served part of his sentence.
That he is released after the expiration of his
minimum sentence.
That the said liberty is anchored on good
behavior
That he remains on Parole until the expiration of
his maximum sentence.
 Pre-Parole Investigation
The PPA conducts this investigation.

And submit reports of the said

investigation at least 60 days before the
expiration of the minimum sentence of
the prisoner concerned.
 Prisoners Disqualified for Parole:

When the sentence is reclusion perpetua, life imprisonment

or death.
Those who had been convicted of crimes involving National
Security.
Those who have previously escaped from confinement.
Those who violated the conditions of conditional pardon.
Those whose maximum term does not exceed 1 year or are
with determinate sentence.
Habitual delinquents
 Those suffering from mental disorder as classified by a psychiatrist of
the BuCor or the National Center for Mental Health.
 Those whose conviction is on appeal.
 Those who have pending criminal cases for an offense committed
while serving their sentence.
 Those who have pending criminal case/s.
 Those national prisoners serving sentence in a municipal, district or
provincial jails unless the confinement in said jails is in good faith or
due to circumstances beyond the prisoner’s control.
 Those who were sentenced for the violation of the customs law or
other laws within the jurisdiction of the Bureau of Customs or
enforceable by it, or to one sentenced to serve 2 or more prison
sentences in the aggregate exceeding the period of 3 years.
 Rules after the grant of Parole:

RELEASE – which shall be evidenced by the

“RELEASED DOCUMENT”
*Release Document shall be in form prescribed
by the board and shall contain the latest 1x1
photography and right thumbprint or the prisoner.
 Parole Supervision
The Parolee shall be placed under the
supervision of the Probation and Parole
Officer specified in the released
document so that the former will be
guided and assisted toward rehabilitation.
 Presentation of Probation and
Parole Officer
- within the period prescribed in his release
document, the parolee shall present himself to the
PPO specified in the released document.

If the Parolee fails to report within 45 days from

the date of his release from confinement, the
Probation and Parole Officer shall inform the
Board of such failure for the Board’s appropriate
action.
 Arrival Report
Within 15 working days from the date when the
parolee reported for supervision , the Probation
and Parole officer concerned shall inform the
Board through the technical service of the PPA
of such fact.
 Mandatory Conditions of Supervision

 It shall be mandatory for a parolee to

comply with the terms and conditions
appearing in the release document.
Review and Modification of
Conditions
The Board may motu propio
Upon recommendation from the Probation
and Parole officer revise or modify the terms
and conditions appearing in the release
document.
 Transfer of Residence
A parolee may NOT transfer from the place
of residence designated in his release
document without the prior written approval
of the Regional Director subject to
confirmation of the Board.
 Outside Travel
A Chief Probation and Parole officer may authorize a
parolee to travel outside his area of jurisdiction for a
period of not more than 30 days.
A travel of more than 30 days shall be approved by
the Regional Director.
 Travel Abroad and / or
Work Abroad
Any parolee under active supervision who has no
pending criminal case in any court may apply for
overseas work or travel abroad.
Application shall be approved by the PPA and
confirmed by the Board.
 Death of Parolee
The probation officer shall immediately transmit a certified
true copy of the parolees death certificate to the Board,
recommending the closing of the case.
In the absence of 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 parolee resided.
 Infraction/ Violation of the
Terms and Conditions of the
Release Document
 Reports
- the Probation or Parole Officer concerned
shall submit the following reports to the
Board:
 PROGRESS REPORT – When parolee commits another offense during the period
of supervision and the case filed against him has not yet been decided by the
court or on the conduct of the parolee while under supervision.

 INFRACTION REPORT – When the parolee has been subsequently convicted of

another crime;

 VIOLATION REPORT – When a Parolee commits any violation of the terms and
conditions appearing in his release document or any serious deviation or non-
observance of the obligations set forth in the parole supervision program.
 Arrest of Parolee
Upon receipt of Infraction Report the Board
may order the arrest or recommitment of
the Parolees.
Effect of Recommitment of
Parolee
The Parolee 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.
 Withdrawal of Release
Document
The Board may recommend the withdrawal of
the release document if it finds that material
information given by the parolee to the Board,
either before or after release , was false or
incomplete or that the parolee had willfully or
maliciously concealed material information
from the Board.
Termination of Parole
Supervision
Summary Report
- after the expiration of the maximum sentence, the
Probation and Parole Officer concerned shall submit to the
Board, through the chief Probation and Parole Officer, a summary
report on his supervision of a parolee.

- clearances from the police, court, prosecutor’s

office and barangay shall be attached to the summary report.
 Certificate of Final Release and
Discharge:
Upon receipt of the Summary Report , the BOARD,
shall, upon the recommendation of the Chief
Probation and Parole Officer that the parolees has
substantially complied with all the conditions of his
release document, issue to the parolee a certificate of
final release and discharge.
Executive Clemency
 Executive Clemency
A form of presidential clemency, either absolute or
conditional in nature.

It is an act of grace and the recipient of the grace is not

entitled to it as a matter of right. It is discretionary and
within the prerogative of the Chief Executive.
Types of Executive Clemency

Pardon
1.Absolute pardon
2.Conditional pardon
Amnesty
Reprieve
Commutation of Sentence
 Pardon
Is an act of executive clemency by the head of
a state for the purpose of exempting an
individual from the punishment imposed upon
him by a court of law.
 Constitutional Power of the Chief
Executive to grant Pardons
Sec. 11 The President may, except in cases of
impeachment grant reprieves, commutation
and pardons, remit fines and forfeitures after
final conviction and with the concurrence of
the National Assembly grant Amnesty.
 ABSOLUTE PARDON
 It is absolute when it is granted without any conditions
attached.

 Absolute pardon serves to wipe away the guilt of a

pardonee and makes him innocent as if he has not
committed any crime.

 Absolute pardon is granted upon the recommendation of

the Board of Pardons and Parole to the President through
the Secretary of Justice.
 Cristobal Vs. Labrador

The case where the SC laid down the doctrine that

absolute pardon removes all that is left of the
consequences of conviction, and that it is absolute so
far it restores the pardonee to full civil and political
rights.
 Conditional Pardon

It is conditional when it is granted and

subject to the conditions imposed on the
recipient and accepted by him. Usually, the
person granted with conditional pardon has
served a portion (at least ½ of the minimum
of his indeterminate sentence)
 Limitations of the Pardoning Power
of the President:
 It may not be exercised for offenses in impeachment.
 It may be exercised only after conviction by final judgment.
 It may not be exercised over civil contempt (as for refusing to
answer a proper questions as a witness in a case.)
 In case of violation of election laws or rules and regulations, no
pardon, parole or suspension of sentence may be granted.
 Cannot be exercised in violation of tax laws.
 Amnesty

Is a general pardon extended to group of persons/ law

violators, usually those who committed political crimes,
generally exercised by the Chief Executive with the
concurrence of the Congress. It may be granted after
conviction, during trial, before trial.
Difference between pardon and amnesty

*As to the number of those who can avail

- Pardon includes any crime and is exercises
individually by the Chief Executive, while
amnesty is a blanket pardon granted to a
group of prisoners, generally political
offenders.
As to the time to avail
- Pardon is exercised when the person is
already convicted, while amnesty maybe
given before trial or investigation is done.
As to the consent of congress
- Pardon is granted by the Chief Executive
and such as private act, which must plead
and proved by the person pardoned
because the court takes no choice thereof.
While amnesty is by proclamation with
concurrence of congress and it is a public
act, which the court should take judicial
notice.
As to the Effect
- Pardon is an act of forgiveness, it relieves
the offender from the consequences of the
offense, while amnesty is an act of
forgetfulness, it puts into oblivion the offense
of which one is charged so that the person
as if he had never committed the offense
As to the Crime Committed
- Pardon is granted for infractions of the
peace of the state while amnesty , for
crimes against sovereignty of the state.
 Commutation
 Refers to the reduction of the duration of a
prison sentence of a prisoner.

Commutation Allowed When:

1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the death
penalty
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
When Applications for Executive Clemency
will not Be Favorably Acted Upon by The
Board of Pardon and Parole

1. Convicted of evasion of service of sentence;

2. Who violated the conditions of their conditional

pardon;

3. Who are habitual delinquents or recidivists;

4. Convicted of kidnapping for ransom;

5. Convicted of violation of the Dangerous Drugs Act of

1972 and the Comprehensive Dangerous Drugs Act of
2002;

6. Convicted of offences committed under the influence

of drugs

7. Whose release from prison may constitute a danger to

society.
Petitions for parole shall be addressed to the
Chairman or to
the Executive Director of the Board.
However, the Board may,
motu proprio , consider cases for parole,
commutation of
sentence or conditional pardon of
deserving prisoners whenever
the interest of justice will be served
thereby.
Republic Act No. 10389
"Recognizance Act of 2012
GCTA- A privilege granted to a prisoner that shall
entitle to a deduction of his term of imprisonment.

a. 5 days per month= first 2 years of imprisonment.

b. 8 days per month = during the 3rd to 5th years of
imprisonment
c. 10 days per month = during the following years until
the 10th year of imprisonment
d. 15 days = 11th and successive years
Republic Act No. 10592
- An act amending articles 29, 94 ,97 , 98,and 99 of Act
No. 3815

Art. 97 Allowance for good conduct(New)

1. First 2 years of imprisonment = 20 days for each

month of good behaviour during detention.

2. 3rd- 5th year= 23 days for each month of good

behaviour during detention.

3 Following years until the 10th year = 25 days for each

month of good behaviour during detention.
4. 11th and successive years = 30 days for
each month of good behaviour during
detention.

5. At any time during the period of

imprisonment, he shall be allowed another
deduction of 15 days ,in addition to
numbers one to four hereof , for each
month of study, teaching or mentoring
service time rendered.
Special time allowance for loyalty
- 1/5 deduction of prison sentence if the evading
sentence during calamities surrendered or gives
himself up to authorities within 48 hours.

Amendment: A deduction of 2/5 of the period of

his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement not
withstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this
Code. This shall apply to any prisoner whether
undergoing preventive imprisonment or serving
sentence.
Art. 97. Allowance for good conduct. — The
good conduct of any prisoner in any penal
institution shall entitle him to the following
deductions from the period of his sentence:
R.A 10592

ART. 97. Allowance for good conduct. – The

good conduct of any offender qualified for
credit for preventive imprisonment pursuant
to Article 29 of this Code, or of any
convicted prisoner in any penal institution,
rehabilitation or detention center or any
other local jail shall entitle him to the
following deductions from the period of his
sentence: