NON-INSTITUTIONAL

CORRECTIONS

Renel P Cruz, PhD Crim

Non-institutional Corrections

 take charge of correcting offender

through community based –
program such as probation,
suspended sentence for first time
minor offenders, Parole and
Conditional Pardon.
COMMUNITY BASED
PROGRAMS
 PROBATION
 PAROLE
 PARDON
 AMNESTY
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
 Administer community based program
Board of Pardons and Parole (BPP)
 Headed by Chairman (Secretary of justice)
 Is 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)
 Headed by secretary
 Renders service for children in conflict with the law
(CICL)
PROBATION – Is a disposition under which a
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the
supervision of a probation officer.

PURPOSE OF PROBATION
 promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
 provide an opportunity for the reformation of a
penitent offender.
 prevent omission of offense
DEVELOPMENT OF PROBATION

 PROBATION – a term coined by

JOHN AUGUSTUS, form the Latin
verb “ Probare” to prove, to test the
concept of probation, form the Latin
word “probation” – has historical root
in the in the practice of judicial
reprieve – in English common law the
Courts could temporarily suspended the
execution of a sentence to allow the
defendant to appeal to the Crown for a
pardon.
 United States – Probation was
practiced by JOHN AUGUSTUS
(Boston Shoemaker, Boot maker or
Cobbler)
 In 1841 although the first probation law
was passed in Massachusetts 1878 but
was widely used only upon the passage
of the First Juvenile Court law of Cook
Country in Chicago in 1899.
 In 1870, Father COOK – Bostonian, continued
the work of Augustus by identifying youthful
offenders being tried in the courts and whose
cases were committed by forces of circumstances
and not due to the criminal nature of offender.
 after finding the offender was not hard core
offender and can still be reformed, Father Cook
presented himself before the court as adviser to
the offender. the value of what he is doing
affected the court and usually consented to place
the youth offenders under his charge to be
reformed
 The first probation law was first
passed by the legislatures of
Massachusetts and signed into law
by Governor Alexander H. Rice on
April 26, 1878.
 PROBATION IN ENGLISH ENGLAND
COUNTRIES
 MATHEW DAVERNPORT HILL – Father of England
Probation. As a young professional in England, Hill had
witnessed the sentencing of the youth offender to one-day
terms on the guardian who would closely supervise them.
 When the eventually became the Recorder of
Birmingham, a judicial post, he used a similar practice for
individual who did not seems hopelessly corrupt. If
offenders demonstrated a promise for rehabilitation, they
were placed in the hands of generous guardians who
willingly took charge of them. Hill had police officers pay
periodic visits to these guardians in an effort to track the
offender’s progress and to keep a running account.
 FREDERICK RAINER – In 1876, a printer
form Hertfordshire (England), wants to help the
large numbers of individuals appearing for
alcohol-related offending before the London
police courts. He gives a donation to the Church
of England Temperance Society to fund a
response.
 The society appoints a police court missionary,
whose task is to interview drunks in the court
cells, evaluate which of them is likely to respond
to help, and suggest to the court a plan for putting
the offender on the “Straight and narrow”. The
missionary undertakes to supervise and
support the offender through rehabilitation.
 Hon. Teodulo C. Natividad, considered as
“The Father of Probation in the
Philippines”, initiated the drafting of
probation system.
 The late Congressman Teodulo C.
Natividad was appointed its first
Administrator. With PD 968, probation
became an added component of Philippine
Corrections System and proved its
institutional worth.
 The Probation and Parole administration
(PPA) administers the probation system
under the P.D. 968 as amended and enforces
general supervision over all clients who
were released through probation, parole and
pardon.
 The PPA promotes the reformation and
rehabilitation of clients. It has its main
office located at DOJ Agencies Building,
NIA Road Corner East Avenue Diliman
Quezon City.
 The PPA is headed by an
Administrator the agencies
executive who exercises overall
supervision and control over the
operation of PPA, including those in
the field.
 The Administrator is assisted
by an Assistant Probation
Administrator. The Two high
ranking officials in PPA are
appointed by the President with
term of six years or co-terminus to
the term of president.
 PROBATION – Is a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of
a probation officer.
Terms in Probation
 Probationer - a person place on probation
 Probation Officer - one who investigates for the court?
 Petitioner – a convicted defendant who files a formal
application for probation
 Absconding Probationer - a person whose probation
was granted but failed to report for supervision within the
period ordered by the court or his location is unknown.
 Absconding Petitioner – a convicted defendant whose
application for probation has been given due course by the
court but fails to report to the probation office or his
location is unknown and cannot located / reasonable time.
BENEFITS OF PROBATION
1. Protects of society
a. from excessive cost of detention
b. from the high rate of recidivism
2. protects the victim
c. it provides restitution
d. it preserves justice
3. protects the family
e. it does not deprive the wife and children of husband
f. it maintains the unity of the homes
4. assist the government
g. reduce the population of prison and jails
h. lessen the clogging of courts
i. enlighten loads of prosecutors
5. helps the offender
a. maintain his earning poor
b. provides rehabilitation in the community
c. restore his dignity
6. justifies the philosophy of men
d. life is sacred
e. all men deserve second chance
f. individual can change
PRESIDENTIAL DECREE No. 968 July 24, 1976
 ESTABLISHING A PROBATION SYSTEM,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

REPUBLIC ACT No. 10707

 AN ACT AMENDING PRESIDENTIAL DECREE
NO. 968, OTHERWISE KNOWN AS THE
“PROBATION LAW OF 1976”, AS AMENDED
 Approved: NOV 26 2015
Section 2. Purpose. This Decree shall be
interpreted so as to:
 a) promote the correction and rehabilitation of
an offender by providing him with
individualized treatment;
 (b) provide an opportunity for the reformation
of a penitent offender which might be less
probable if he were to serve a prison sentence;
and
 (c) prevent the commission of offenses.
SEC. 4. Grant of Probation.
 the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and
upon application by said defendant within the period
for perfecting an appeal, suspend the execution of the
sentence and place the defendant on probation for such
period and upon such terms and conditions as it may
deem best.
 No application for probation shall be entertained
or granted if the defendant has perfected the
appeal from the judgment of conviction: Provided,
That when a judgment of conviction imposing a
non-probationable penalty is appealed or
reviewed, and such judgment is modified through
the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation
based on the modified decision before such
decision becomes final.
 The trial court shall, upon receipt of the application
filed, suspend the execution of the sentence imposed
in the judgment.
 This notwithstanding, the accused shall lose the
benefit of probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
 Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the application shall be deemed a waiver of
the right to appeal.
 An order granting or denying probation shall not be
appealable.
Section 5. Post-sentence Investigation.
 No person shall be placed on probation except upon
prior investigation by the probation officer and a
determination by the court that the ends of justice and
the best interest of the public as well as that of the
defendant will be served thereby.

Section 6. Form of Investigation Report.

 The investigation report to be submitted by the
probation officer under Section 5 hereof shall be in the
form prescribed by the Probation Administrator and
approved by the Secretary of Justice.
Section 7. 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. The court shall
resolve the petition for probation not later than
five days after receipt of said report.
 Pending submission of the investigation report
and the resolution of the petition, the defendant
may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant
is incapable of filing one, the court may allow the
release of the defendant on recognize the custody
of a responsible member of the community who
shall guarantee his appearance whenever required
by the court.
Section 8. Criteria for Placing an Offender on
Probation.
 In determining whether an offender may be placed
on probation, the court shall consider all
information relative, to the character, antecedents,
environment, mental and physical condition of the
offender, and available institutional and
community resources. 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 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.
SEC. 9. Disqualified Offenders. — The benefits of this Decree shall
not be extended to those:
 “a. sentenced to serve a maximum term of imprisonment of more
than six (6) years;
 “b. convicted of any crime against the national security;
 “c. 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);
 “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.”
Section 10. Conditions of Probation. Every probation order
issued by the court shall contain conditions requiring that
the probationer shall:
 present himself to the probation officer designated to
undertake his supervision at such place as may be
specified in the order within seventy-two hours from
receipt of said order;
 report to the probation officer at least once a month at
such time and place as specified by said officer.
The court may also require the probationer to:
 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
 undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction, recreation
or residence of persons on probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to excess;
 permit to probation officer or an authorized social
worker to visit his home and place or work;
 reside at premises approved by it and not to
change his residence without its prior written
approval; or
 satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to
excess;
 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 Drugs (6 mos – 1 day to 4 years)
 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. (1
year and 1 day to 6 years)
 section 70. Probation or community service for a First time Minor Offender
in Lieu of Imprisonment
SUMMARY PROCESS ON GRANTING
PROBATION
1. Promulgation of final judgment for the penalty not
exceeding 6 years imprisonment
2. Filling petition for probation in the same court where
the case has been tried and judged
3. Granted by the Judge automatically giving the
petitioner a temporary release by Bail or
Recognizance
4. Referral “Order to Investigate” to the PPA Officer
a. Post – sentence investigation (PSI) (60 days)
b. Post-sentence Investigation Report (Basis to grant or
deny Probation)
c. PSIR given to the (10 Days to Prosecutors Comment)
and (5 days for the judge to review) (15 days upon
receipt).

5. Court (Grant or Deny)

a. Denied – Service the original sentence (No appeal)
(Serve the Original Sentence)
b. Granted – Probation Supervision
Condition
 1. Mandatory – within 72 hours report (CPPO)
 2. Other – Report once / month to PPO
6. Granted Condition (Comply or Non-Comply)

7. If Complied – Final report or termination report

a. released on probation back to community / sentence
has been served total extinction of criminal liability)
b. the case will become confidential and privileged)
8. If did not Complied – Commission of violation or
crime while serving probation program:

 Violation report – violation of the probation

condition
 (3 major or 5 minor)
 Progress report - committed another crime while
under probation supervision without Final judgment
of the court;
 Infraction report – another crime committed while
under probation supervision has been judge guilty by
the same court issuing probation)
a. if did not complied upon receipt of the report probation
shall be revoke (revocation order)

b. the effect shall order the arrest and recommitment of the

offender back to prison (serving his original sentence in
full)
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

o Note: only the judge who heard and decided the case has
the power to grant, deny, modify, revoke, and terminate
probation.
DEVELOPMENT OF
PAROLE
PAROLE
 French word “PAROLE D’ HONEUR” meaning “ Word
of Honor”
 it is a decision by an authority constituted accordingly by
statute to determine the portion of the sentence, which the
inmate can complete outside of the institutions (Prison).
 It is the status of serving the remainder of the sentence of a
convict in the community in accordance with the
regulations set-up by the Board of Pardons and Parole
(Correctional and Parole Administration)
 A method by which a prisoner who has served a portion
of his sentence is conditionally released but remains in
legal custody, the condition being that in case of
misbehavior, he shall be imprisoned
 Parole is not a reward per se for good behavior but
rather, it is a follow-up of his institutional program
 Parole is not claimed as a right but is granted by the
Board as a privilege to a qualified prisoner.
CAPT. ALEXANDER MACONOCHIE
 an Englishman responsible for the birth of British
Penal Colony in Norfolk Island.
 On 1840, Maconochie assumed his post in Norfolk
Island.
 He developed a system which punishment of
crimes committed was still maintained, but a
process of reform where provided to the offenders.
 Prisoners were encouraged for good behavior for
them to gain incentives that would lead to their
early release.
 This concept was called the “Mark system” which
became the forerunner of parole and
Maconochie gained the title “Father of parole
and father modern philosophy”
a. “MARK SYSTEM” - a convict could make a way
out of confinement by industry and good conduct;
b. a five –stage system – leading to conditional liberty;
 rigid discipline and absolute confinement
 work on freedom within prescribed area
 limited freedom within prescribed area;
 a ticket of leave or a conditional pardon;
 total freedom
SIR WALTER FREDERICK CROFTON
 was the chairman of the board of prison in
Ireland.
 He was influenced by Maconochie efforts of
early release. Crofton believed that the
amount of time served should be released to
the prisoners reformation.
 Crofton also believes that convicts could not
be rehabilitation without successful
reintegration into the community.
 On 1854, Crofton established the Irish concept of ticket of
leave system. Where offender could earn their early release
by stages:
 first stage, inmate were held in solitary confinement and
performed dull and monotonous work in Mount Joy Prison
for 12 months
 second stage, they were assigned in the spike island where
they work in fortification or public works projects, in field
units in which they worked directly to the community
projects with unnamed guards supervising them. Prisoners
or work in the community without supervision, moving
freely between prisons and the community
 third stage, prisoners who were able to follow the stages
successfully were awarded the “ticket of leave” equivalent
to parole that was always subject to revocation.
 1856 - parole was also featured in Irish
prison system based on an indeterminate
sentence and the mark system.

 Even the Elmira Reformatory has a limited

form of indeterminate sentence and a method
of mark similar to the Irish system, and parole
based on marks. The principal defect of early
parole system was the manner of determining
eligibility for parole.
 The system of parole is said to be based on
the principle of “word of Honor”
DR. SAMUEL GRIDLEY HOWE
OF BOSTON – was the first man to
use the word “parole”. He used the
term in a letter to the prison
association of new York in 1869. This
came about after the association
appointed a committee to reform the
prison system of new York following the
penal reforms that were instituted in
Great Britain.
 1870 - AMERICAN CORRECTIONAL
ASSOCIATION (FORMERLY KNOWN AS
NATIONAL PRISON ASSOCIATION was
organized adopting a “Declaration of principles:
later revised in prison congress of 1933.

 1872 – FIRST INTERNATIONLA PRISON

CONGRESS was held in London creating the
international Penal and Penitentiary Commission
(IPPC/Hague) an inter-government organization)
established in 1875 and was dissolved and its
function were transferred to the social defense
section of the united states.
 ELMIRA REFORMATORY (1876) –
Forerunner of modern penology,
established a link between the community
– based program and the penal institution

 1877 was opened in Elmira, New York

with ZEBULON R. BROCKWAY AS
SUPERINTENDENT. Using
intermediate sentence compulsory
develops parole which spoon spread to
other states U.S.A. (father of prison
reform in U.S.)
 Training school type of institution program for
boys from 16 to 30 years of age;
 New prisoners were classified as second grade
until promoted to first grade after six (6) months
of good behavior;
 Extensive six (6) months of good behavior in the
first grade;
 After a prisoner committed misconduct he will
be demoted to 3rd grade unless he show good
conduct for one month he will be reclassified to
second grade; and
 Indeterminate sentence and parole based system
 SIR EVELYN RUGGLES BRISE
(England) 1897 – director of English
prison, after visiting Elmira reformatory,
opened a Borstal institution near
Roached, In kent which was
considered as the best reform institutions
for young offenders.
 First separate institution for women was
established in Indiana and
Massachusetts.
 The Elmira Reformatory was considered
failure in practice by the year 1910 until it
was revived in 1930 as a result of revamp
of the educational program of the Elmira
Reformatory. Later it was succeeded by the
industrial prison movement industrial
prison movement was ended by a law
passed in the year 1934 prohibiting the sale
of prison – made articles to the public and
limit used of government owned institution
agencies.
 The classical movement: The reorganization
of the Federal prison system in 1930 started
the movement for modern correctional
reforms. The federal law created the federal
bureau of prisons and placed a director as
head of the system. As a result of the
organization, penal institutions, which were
formerly wardens, were placed under the
centralized jurisdictions of the federal bureau
of prisons.
Other PERSONALITIES IN PAROLE
 CAPT. ARTHUR PHILIP – established the
1st penal colony in Australia. He was a
commander of a fleet of 11 ships with 2
escorting warship that set sail in 1787 form
Spithead, England with a load of
expatriated convicts. He landed his cargoes
composed of 552 male and 192 female
convicts at Botany Bay, Australia on
January 18, 1788, after a horrible 8-month
journey.
 CAPT. JAMES COOK – was an English explorer who
circumnavigated the world and has pioneered the exploration of
New Zealand and East Australia. He instituted the idea of
establishing a penal colony in the area which he had colonizes.

 GAYLORD B. HUBBELL - was the warden of Sing Sing

Prison In New York, in 1865 he visited and studied the prison in
England and he was so impressed by the Irish system. Upon his
returned to the united states he recommended that indeterminate
sentence be used in America prison. Creating a reformatory
based upon the concept of an early release if the inmate reformed
himself.

 GOV. JOHN T. HOFFMAN – The new York governor who

endorsed the report of prison association in New York leading to
the creation of New York state reformatory at Elmira also
known as Elmira Reformatory which was completed in 1876.
PAROLE IN THE PHILIPPINES

ACT 41063 – Otherwise known as the

“Indeterminate Sentence Law”, took effect
on December 5, 1933.
 AMENDED BY E.O. 83, SERIES OF1937 – gave the “board”
the authority to advice the chief executive on the course/s of action
to take on petitions for executive clemencies.

 RENEAMED THE BOARD OF INDETERMINATE

SENTENCE TO BOARD OF PARDON

 OCTOBER 4, 1947 – EXECUTIVE ORDER 94 TOOK

EFFECT. ALSO KNOWN AS THE “REORGANIZATION
LAW OF 1947” which abolished the board of pardons and created
the board of pardons and 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.
 SEC. 14. Grant of Parole — A prisoner may be
granted parole whenever the Board finds that
there is a reasonable probability that if released,
he will be law-abiding and that his release will not
be incompatible with the interest and welfare of
society.
SEC. 15. 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.
SUMMARY ON PAROLE PROCEDURE
 The director of prison shall forward the CARPETA to the
BPP 30 days prior to the completion of minimum sentence
required for parole
 Pre- parole investigation report (PPIR) (the basis to grant
parole)
 PPIR shall be forwarded to the BOARD (at least 4 votes or
MAJORITY votes to be granted by the members of the
BOARD (6) members)
 BOARD (Grant or Deny)
 Granted - Parole Supervision
 Denied – serve his imprisonment in the prison or re-apply
again for petition for parole
 Granted: Conditions (Mandatory and other)
 Mandatory – report within 45 days CPPO
 Other – report once / month if residing outside Metro
Manila or Twice / Month if residing in Metro Manila
 Condition being (Complied or Not complied)
 Complied – months before the completion of
sentence shall be given summary report;
 After completion parolee shall be given a final report or
final release and discharge (FRD) (completion of sentence
thru parole/total extinction of criminal liability)
Not complied
 Violation report – violation of the parole condition (3
major) (5 minor)
 Progress report – committed another crime while under
probation supervision without final judgment of the
court;
 Infraction report – another crime committed while under
probation supervision has been judge guilty by the same
court issuing probation)
 After due process of law has been made and found guilty of
violation or infraction report
 Shall order the arrest and recommitment of the offender back to
prison (serving unexpired or remaining portion of his sentence
In prison / institution)
 DISTINCTION OF PAROLE FROM PROBATION

PAROLE: PROBATION:
1. An administrative function 1. it is a judicial function;
exercised by the executive branch
2. granted to an offender immediately after
of government;
conviction (w/in 15 after the decision was
2. grant to a prisoner only after rendered)
he has served minimum of his
sentenced in prison;
3. it is a substitute for imprisonment;
3. it is an extension of
institutional treatment program;
4. it is granted by the BPP 4. it is granted by the court;
5. parolee is supervised by a
Parole Officer 5. probationer is supervised by a probation
officer.
PARDON (absolute/conditional)
 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 offense against the
royal family. 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.
 In United states, pardon was
exercised by the royal governor
delegated to him by the king, after
her independence, the federal and the
state constitutions vested it to the
president of the united states and the
governor in federal states cases,
respectively.
KINDS OF PARDON IN THE
PHILIPPINES:
 ABSOLUTE PARDON – Given without any
condition attached to it and it is the sole power of
the president to grant it to that person whose
qualification is qualified. Except in cases of
impeachment (Art. 7 Sec. 19 of 1987 Philippine
Constitution) take not only qualified individual if
several persons it will fall under amnesty provided
he did not failed to any of provision in granting
amnesty.
Its purposes are:
 To do away with the miscarriage of justice;
 To keep punishment abreast with the current
philosophy, concept or practice of criminal
justice administration; and
 To restore full political and civil rights of
person who have already served their sentence
and have waited the prescribed period.
CONDITIONAL PARDON
 serve the purpose of releasing a prisoner who
is already reformed or rehabilitated but who
cannot be paroled because the parole law does
not apply to him. Thus a prisoner serving a
determinate sentence or life imprisonment is
excluded from the benefits of the parole law.
However, reformed he may be given
conditional pardon.
PARDON ACCORDING TO GRANTING POWER

PARDON OF THE PRESIDENT vs. PARDON BY THE

PRIVATE OFFENDED PARTY

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY

Extinguishes the criminal liability of It does not extinguish the criminal liability of
the offender the offender

It does not include the civil liability to The offended party can waive the civil
pay liability of the offender

Granted only after conviction Must be made before the institution of the
criminal action in cases where the law allows
pardon by the offended party. Also, it must be
extended to both offenders.
 SUMMARY PROCEDURE OF GRANTING
Conditional Pardon
1. the director of prison shall forward the CARPETA to the BPP
30 days prior to the completion of half sentence required for
conditional pardon
2. after completion of required Half sentence the petitioner shall
file to the president petition for conditional pardon and at least
(2) affidavits from the community where the petitioner resides
and clearance from the police, prosecution, court
3. The BPP shall issue referral or request to investigate to the
PPA officer
4. Pre – executive Clemency Investigation (PECI) (30days)
5. Pre-executive clemency investigation report (PECIR) (The
basis to grant conditional pardon)
6. PECIR shall be forwarded to the president upon the
recommendation by the BOARD (another recommendation
if)

 Crimes against national security = DND

 Election Related Crimes = COMELEC
 Crimes Committed by Foreigner / Alien = DFA

7. President (Grant or Deny)

 Denied – serve his imprisonment in the prison or re-apply
again for petition for conditional pardon
 Granted – conditional pardon supervision
8) Granted: Conditions (Mandatory and other)

 Mandatory – report within 45 days CPPO

 Other – report once/month if residing outside
Metro MANILA OR Twice / Month if residing
in Metro Manila
9) Condition being (Complied or Not Complied)
 After completion pardonee shall be given a final report or final release
and discharge (FRD0) (Completion of sentence thru conditional/ total
extinction of criminal liability)
 Not complied
 Violation report – violation of the probation condition (3 major) (5
minor)
 Progress report – committed another crime while under probation
supervision without final judgment of the court;
 Infraction report – another crime committed while under probation
supervision has been judge guilty by the same court issuing probation)
 After due process of law has been made and found guilty of
violation or infraction report. Shall order the arrest and recommitment of
the offender back to prison (serving unexpired or remaining portion of his
sentence In prison / institution)
 AMNESTY (with concurrence of the Congress) – it is an act of the
sovereign power granting oblivion 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,
Rebellion

 An Amnesty is an act by the chief Executive proceeding from the

power entrusted with the execution of the laws and concurred by
the legislature, usually extended to groups of persons who
committed political of persons who committed political offenses,
and which puts into oblivion the offense itself (defined by the
presidential Communication Development and strategic
planning office)
 Amnesty is a proclamation of the Chief Executive with
the concurrence of congress, and it is a public act of
which the court should take judicial notice. Amnesty
looks backward and abolishes and puts into oblivion the
offense itself, it so overlooks and eliminates the
offenses with which he is charged that the person
released by amnesty stands before the law precisely as
though he had committed no offense. (People vs. Casido,
March 7, 1997).
Limitations on the Exercise of Granting Amnesty
 It cannot be granted in cases of impeachment (Sec. 19,
Art VII of the Constitution)
 It cannot be granted in cases of violation of election
laws without the favorable recommendation of the
Commission on Elections (Sec. 5, Art IX-C)
 A grant of amnesty must be with the concurrence of a
majority of all members of congress.
Proclamation of amnesty

1. Proclamation No. 390 – issued on September

29, 2000, granting amnesty to MILF members
who committed crimes in their Political beliefs.

2. Proclamation No. 405 – Granting amnesty to

rebels who committed crimes in their Political
beliefs issued on October 26, 2000
 3. Proclamation No. 50 – issued on October 11,
2010 by President Benigno S. Aquino III granting
amnesty to certain active and former personnel of
the AFP and their supporters, who have or may
have committed acts or omissions punishable under
the RPC and other Spl. Laws in relations to the July
27, 2003 Oakwood Mutiny, The February Marines
Stand – Off and the Manila Pen. Incident and
related incidents
National Amnesty Commission (NAC)

 The National Amnesty Commission (NAC) is the

primary agency tasked to receive and process application
for amnesty, and determine whether the applicants are
entitled to amnesty under proclamation by the President
granting amnesty created under Proclamation 347,
Pursuant to its functions, it has the power to promulgate
rules and regulations subject to the approval of the
president. Final decisions or determinations of the
NAC are appealable to the Court of Appeals (CA).
The Abolition of the NAC
 By virtue of E.O. no 415 issued by
President Gloria Macapagal Arroyo on
March 22, 2005, The NAC is thereby
abolished. Also under sections 1 and 2 of
E.O415 all assets liabilities, equipment, actions,
facilities, resources and other properties shall be
transferred to the “Office of the Presidential
Adviser on the Peace Process” (OPAPP)
 AMNESTY vs PARDON
AMNESTY PARDON
Made by the president with the Made by the president
concurrence of congress alone
Usually extended to political Extended to any type of
crimes crime
May be extended even before May be given only after
conviction or before trial final conviction
Looks backward Looks forward
 REPRIEVE – Temporary suspension of the execution of
sentence (usually extended to death penalty prisoners).
This word simply means “to make back” or the
withdrawing of the sentence for an interval of time. It is
the temporary stay if the execution of sentence exercised
by the president.

 COMMUTATION OF SENTENCE – reduction,

reducing, lessening, lowering, MITIGATING or deduction
of the sentence, it is an executive clemency that changes a
heavier sentence to a less serious one, a longer prison term
to a shorter period.
REVIEW OF CASES FOR EXECUTIVE
CLEMENCY – petitions for executive clemency may be
reviewed if the prisoners meet the following minimum
requirements:

A. FOR COMMUTATION OF SENTENCE -

 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.
 At least ten (10) years for prisoners sentenced to reclusion
perpetua or life imprisonment for crimes or offense
committed before January 1, 1994
 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?
 At least fifteen (15) years for prisoners convicted of
heinous crimes as defined in republic act. No. 7659 and
their special laws committed on after January 1, 1994 and
sentenced to one or more reclusion perpetua or life
imprisonments
 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;
 B. 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 heinous crime as
defined in Republic Act No. 7659 and other
special laws, he shall have severed at least one
half (1/2) of the maximum of his original
indeterminate sentence before his case may be
reviewed for conditional pardon.
 C. 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 period 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.
 MODES OF TOTAL EXTINCTION OF CRIMINAL
LIABILITY (Art. 89)

1. BY THE DEATH OF THE CONVICT; as to the personal

penalties and as to pecuniary penalties, liability thereof is
extinguished only when the death of the offender occurs before final
judgment.

2. BY SERVICE OF THE SENTENCE;

3. BY AMNESTY- an act of the sovereign power granting oblivion

or general pardon for past offense, and is rarely exercised in favor of
a single individual, and is usually exerted in behalf of certain classes
of persons who are subject to trail but not yet convicted.

4. BY ABSOLUTE PARDON;
 5. BY PRESCRIPTION OF THE CRIME- the
forfeitures or the loss of the right of the state of
prosecute the offender after the lapse of a certain time.

 6. BY PRESCRIPTION OF THE PENALTY- the

loss of forfeiture of the right of the Government to
execute the final sentence after the lapse of a certain
time.

 7. MARRIAGE OF THE OFFENDED PARTY

UNDER ARTICLE 344 RPC.
  REPUBLIC ACT No. 4661
 An Act Shortening the Prescriptive Period for Libel and
Other Similar Offenses, Amending for the Purpose
Article Ninety of the Revised Penal Code

Section 1. Article ninety of the Revised Penal Code is

hereby amended to read as follows:
"Art. 90. Prescription of crimes.— Crimes punishable by
death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years
"Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
"Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five
years.
The crime of libel or other similar offenses shall
prescribe in one year.
"The offenses of oral defamation and slander by
deed shall prescribe in six months.
"Light offenses prescribe in two months.
"When the penalty fixed by law is a compound
one, the highest penalty shall be made the basis of
the application of the rules contained in the first,
second and third paragraphs of this article."
Section 2. The provision of this amendatory Act
shall not apply to cases of libel already filed in
court at the time of approval of this amendatory
Act.
MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. BY CONDITIONAL PARDON – a contract between the president and

the convict the former will release the latter upon compliance with certain
conditions

2. BY COMMUTATION OF SENTENCE – it is the reduction of the period

of imprisonment of the offender or the amount of the fine

3. FOR GOOD CONDUCT TIME ALLOWANCE - are deductions form

the term of the sentence for good behavior of the convicted prisoner

4. PAROLE – consists of the suspension if the sentence of a convict after

serving the minimum term of the indeterminate penalty.
RELEASE OF RECOGNIZANCE (R.A. 6036)

A kind of release where in a prisoner will be turn

over to somebody with probity to the community
A person charged of criminal offense the highest
penalty of which is not more than 6 months and
fine of 200 pesos or both