Correctional Administration – Non-Institutional Corrections

NON-INSTITUTIONAL CORRECTIONS
CHAPTER 1

AN OVERVIEW

INTRODUCTION

During the early times, punishments for crimes were too harsh. Most infractions would often result in imprisonment
as it was considered to be one of the most effective forms of correction.

However, as societal conditions developed together with the introduction of more liberal ideas, humane correctional
measures were introduced to minimize the burden on the state as well as on the offenders themselves.

Consequently, Conditional Pardon was introduced and subsequently, this paved the way for other modes of
temporary liberty for qualified first-time offenders.

THE ADULT PROBATION LAW

Thirty-six (36) years ago, Presidential Decree 968 or otherwise known as the Adult Probation Law of 1976 was
enacted through the efforts of the late Congressman Teodulo C. Natividad of Bulacan and signed into law by then President
Ferdinand E. Marcos.

The Adult Probation Law of 1976 (PD 968) is viewed as one of the best accomplishments during the martial law
years. It opened the gates of hope for those who were convicted for the first time. Instead of incarceration, many convicted
individuals were placed under a community-based rehabilitation program and were given chances to mend their wrong
doings.

THE INDETERMINATE SENTENCE LAW

As provided under Act no. 4103 or “the indeterminate sentence law”, the prisoner may qualify for release on
parole upon service of his minimum sentence.

For those who have been meted out the sentence of Reclusion Perpetua or life imprisonment, the prisoner may
apply for executive clemency, specifically for a commutation of sentence, under the commuted sentence; the prisoner may
qualify for release on parole.

The grant of Probation, Parole and Conditional Pardon with parole conditions is collectively called “community-
based correctional programs” that necessitates the formulation of rehabilitation programs of these convicted individuals who
need to live lawful and productive lives.

Filipinos should be aware that once a person is convicted; there are still ways on how to get out from prison and a
chance to start a new life through community-based correction.

In the Philippines today, the correction pillar may either be Institution-based or Non-institution based. Either way,
the goals of corrections rehabilitation and the reformation of the offender intended to help him re-enter society and become a
law-abiding as well as productive member.

THE FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTION – either Institution based or non-institution-based corrections.
5. COMMUNITY

THE LAW ENFORCEMENT PILLAR

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The law enforcement pillar is responsible for apprehending law violators. It enforces the law with due diligence and
justice for public interest.

 Should a valid ground exist a case may be raised in the Prosecution Pillar.

THE PROSECUTION PILLAR

The Prosecution Pillar determines whether or not there is probable cause that a crime was indeed committed.

 Should there be none, then it shall be dismissed. – However, if there is a probable cause, the case will be elevated to
the court.

THE COURT PILLAR

The Court Pillar has the jurisdiction to try the case and determine whether or not there is proof beyond reasonable
doubt that the accused indeed committed an illegal act.

 Should there be an insufficient evidence to convict the accused being charged of the offense, then the accused shall be
acquitted.
 Should there be sufficient evidence to convict the accused being charged of the offense, then the court shall make him
accountable for his crime. After conviction the accused enter the Correction Pillar.

THE CORRECTION PILLAR

The Correctional Pillar has the responsibility for the custody, supervision, and rehabilitation of the convicted
offender. It takes over the accused after having been found guilty.

 If the penalty is imprisonment of six (6) years and below, and if the accused possesses all the qualification as
enumerated in PD 968, he may avail of probation and serve the terms and conditions thereof in the community.
 If the penalty is below three (3) years he should serve his penalty at the Municipal, City, District and provincial jails.
 If the prisoner’s sentence is an imprisonment of more than three years, he should serve his penalty at the National
Prisons.

THE COMMUNITY PILLAR

The Community Pillar has 2-fold role.

First, it has the responsibility to participate in law enforcement activities by being partners of the peace officers in
reporting the crime incident, and helping in the arrest of the offender.
Second, it has the responsibility to participate in the promotion of peace and order through crime prevention or
deterrence and in the rehabilitation of convicts and their reintegration to society.

Meaning of Corrections

Corrections –

It is derived from the root word “Correct” which simply means “to make right” or change from wrong to right.
It is one of the pillars of the Criminal Justice System which undertakes the reformation and rehabilitation of
offenders for their eventual absorption into the community through institutional or community-based program.

Corrections as its root word “correct” implies, focuses on correcting a problem or series of problems in the society. It
refers to broad category of activities ranging from incarceration of offenders, to existing ex-offenders in securing employment
if possible.
THE INSTITUTION-BASED AND NON-INSTITUTION-BASED CORRECTIONS:

INSTITUTION-BASED CORRECTION (INSTITUTIONAL CORRECTION)

Refers to the means of correcting and individual by placing him or her to an institution or place where he or she can
be treated well until becomes fully recovered and accepted by the community.

Government entities that handle institutional Corrections:

1. Bureau of Jail Management and Penology (BJMP) – under the DILG

2. Provincial Jails
3. Bureau of Corrections (BUCOR) – Under the DOJ

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Note!
 Municipal, District and City jails are under the supervision and control of the BJMP that handle
prisoners whose imprisonment does not exceed three (3) years.
 Bear in mind that those who are convicted to three (3) years and one (1) day or longer are under the
supervision and control of the Bureau of Corrections.

NON-INSTITUTION-BASED CORRECTION (NON-INSTITUTIONAL OR COMMUNITY-BASED

CORRECTION)

Refers to the means of correcting criminal offenders in the community. Community based programs such as
probation; suspended sentence for first time minor offenders; parole and conditional pardon are considered NON-
INSTITUTION-BASED CORRECTION.

Government entities that handle Non-Institution-based Correction:

1. The Parole and Probation Administration (PPA) -- headed by an Administrator.

2. The Board of Pardons and Parole (BPP) -- headed by the Chairman (Secretary of Justice)
3. The Department of Social Welfare and Development (DSWD) – with the Secretary as its head.

The Parole and Probation Administration (PPA)

The PPA is mandated by law to handle the investigation of all cases for Probation, parole and executive clemency.
PPA is responsible also for supervision of Probationers, Parolees and Conditional Padonees.

However, despite the wide scope of its responsibility, it is a reality that PPA is the least heard among all other
components of the CJS due to the confidentially of records. – Section 17 of the PD 968 as amended strictly states that only
the PPA and the Court are authorized to read matters regarding the convicted person who applied for probation.

The Board of Pardons and Parole (BPP)

The BPP is responsible for the grant of Parole and recommending Executive Clemency to the President.

The Department of Social Welfare and Development (DSWD)

The DSWD renders services for Children In Conflict with the Law (CICL).
– Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 states that a CICL who is 15-year-old or under,
during the time of the commission of the offense, shall be exempted from criminal liabilities.
On the other hand, those who are 16 and 17 years old should be assessed if they acted on discernment when they
committed the crime.

Through Non-institutional Corrections, there is a need to place an offender in an institution. Instead of serving his
sentence inside the Jail, he can be brought back to the community under the supervision of a Probation Officer for Probation,
Parole officer for parole and executive clemency cases.

If the case involves a CICL, the offender is remanded under the supervision of a Social Worker.

CORRECTION ENTITIES/AGENCIES OF THE GOVERNMENT:

1. FOR INSTITUTION BASED CORRECTIONS

BJMP
PROVINCIAL JAILS
BUCOR

2. FOR NON-INSTITUTION BASED CORRECTIONS

PPA
BPP
DSWD

FUNCTIONS OF CORRECTIONS

Remember the CODE: MPRD

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1. MAINTENANCE OF INSTITUTIONS such as prisons, jail, halfway houses and other institutional facilities to a
period of incarceration.

2. PROTECTION OF LAW-ABIDING MEMBERS OF SOCIETY. Incarceration of sentenced offender prevents

them from harming other members of the community.

3. REFORMATION AND REHABILITATION OF OFFENDERS with the function of assisting and guiding
incarcerated offenders to be rehabilitated until fully recovered and be prepared for their eventual reintegration to the
mainstream of society after release.

4. DETERRENCE OF CRIMES. Experience in prison, the fear of isolation and denial of liberty will influence
inmates and potential offenders to lead a law-abiding life. Hence, they would rather not to commit any illegal act so
as not to experience the said horrible situation.

CORRECTION PILLAR

INSTITUTION-BASED CORRECTIONS NON-INSTITUTION-BASED CORRECTIONS

BJMP BUCOR PROVINCIAL PPA DSWD BPP

JAILS

DETAINEES PRISONERS PRISONERS INVESTIGATES RENDERS RESPONSIBLE

AND SERVING 3 SERVING 6 ALL CASES OF SERVICES FOR THE GRANT
PRISONERS YRS AND 1 MONTHS AND PROBATION, TO CICL OF PAROLE AND
SERVING 3 DAY ABOVE 1 DAY TO 3 PAROLE & RECOMMENDING
YRS AND YEARS EXECUTIVE EXECUTIVE
BELOW CLEMENCY CLEMENCY TO
PETITIONER THE PRESIDENT
FOR
PROBATION,
PAROLE AND
EXECUTIVE
CLEMENCY
PROBATIONERS
, PAROLEES,
PARDONEES

CHAPTER II

PAROLE
Meaning of Parole

PAROLE
It is derived from the French concept of “Parole d’ Honneur” and is used in the sense of “word of honor”. Thus, the
application is that, the released prisoner would give his word of honor and that he would abide by the terms of his conditional
release.

Parole, in criminal law, pledge of good conduct given by a person convicted of crime as a condition of release from
imprisonment before the expiration of the term of confinement.
(Microsoft ® Encarta ® 2009.)

Today, the BPP defines Parole as a conditional release of a prisoner from correctional institution after he has served
the minimum period of his prison sentence.

Note! Parole is different from Executive Clemency.

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Parole is granted by the BPP (Board of Pardons and Parole) while cases regarding Executive Clemency are decided
by the President of the Philippines.

Parole was created under Act no. 4103 or otherwise known as the indeterminate sentence law. On the other hand, the
1987constitution serves as the legal basis for Executive Clemency.

HISTORICAL BACKGROUND OF PAROLE

Parole as a penal practice is part of the reformatory idea which originated as a result of the call for reforms on how
prisoners were treated during the dark ages in Europe.

Among the practice in the 17th and 18th centuries was the conditional pardon granted to the indentured servants
transported to American colonies, wherein violations of the terms of the conditions resulted in the withdrawal of the
conditional pardon.

TWO PRISON ADMINISTRATORS CONTRIBUTED TO THE DEVELOPMENT OF PAROLE (19TH CENTURY)

1. Col. Manuel Montesimos of Spain

2. Georg Michael Obermaier of Munich, Germany

Montesimos encouraged vocational training and education while Obermaier set up industrial shops in his prison and
assigned trusted prisoners as their superintendents.

ALEXANDER MACONOCHIE

In 1840, Capt. Alexander Maconochie who served as the penal superintendent at Norfolk Island, Australia introduced
the use of the ticket-of-leave or conditional release, an equivalent to parole.

SIR WALTER CROFTON

During the period of 1854 to 1862 SIR WALTER CROFTON, Director of Irish Prisons developed further the idea of
parole and gave way for the American Prison reformers to enter into the picture.

DR. S.G. HOWE

Although Parole originated in Europe, it developed faster in the United States, DR. SAMUEL GRIDLEY HOWE of
Boston was the first man who used the word Parole in 1846.

ELMIRA REFORMATORY IN NEW YORK

In 1869, some American prison reformers went to Ireland to observe its prison system that was instituted by Sir
Walter Crofton. Upon their return to the United States, they pushed for the approval of the law creating the ELMIRA
REFORMATORY in New York; this famous institution is the forerunner of Parole in the United States.
HISTORY OF PAROLE IN AUSTRALIA
CAPT. JAMES COOK

He is an English explorer who circumnavigated the world and had pioneered the exploration of New Zealand and
East Australia. He instituted the idea of establishing a penal colony in the area which he had colonized.

CAPT. ARTHUR PHILIP

He established the first penal colony in Australia. He was a commander of a fleet of 11 ships with 2 escorting
warships that set sail in 1787 from Spithead England with a load of Expatriated convicts. He landed his cargoes at Botany
Bay, Australia until the following penal colonies were established:

VAN DIEMEN’S LAND (now Tasmania) where political prisoners were banished like common criminals.
NORFOLK ISLAND – this is located between New Caledonia and the New Zealand Penal Colony. The conditions
were inhumane and offenders were abused.

Due to horrible conditions, the idea of Parole sprouted as an alternative to incarceration.

NAMES AND PRISON SYSTEMS TO REMEMBER IN THE HISTORY OF PAROLE

1. ALEXANDER MACANOCHIE – became the Superintendent of the Norfolk Island, a penal colony in the east of
Australia and initiated the famous “MARK SYSTEM”.

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This system has five characteristics:

First – it placed emphasis on reforming the offender rather than so called deterrent or retributive principle.
Second – it advocated “task sentences” rather than “time sentences”.
Task sentences – prisoners were given or granted for liberty after completing a task.
Third – he introduced marks as a kind of currency to measure the performance of tasks to impose fines for
misconduct and the purchase of rations and indulgencies.
Fourth – it developed a penal measure that has two stages namely:
1. INITIAL PUNITIVE – punishment stage
2. REFORMATIVE – moral training stage
Finally – his penal system is not tied to any single institution.

2. SIR WALTER CROFTON – became an appointed Director of Irish Prison in 1854. He introduced the “IRISH
SYSTEM OR THE PROGRESSIVE STAGE SYSTEM” which is implemented in three distinct stages aimed to
lessen the period of imprisonment of the convicts.

FIRST STAGE

 confinement for 9 months with reduced prison diet.

 Monotonous work during the first months. While education and interesting work and better treatment were
accorded to the convicts during the last months of the first stage.

SECOND STAGE

 Assignment to work at Spike Island and with exceptional work and exemplary behaviour, marks or grades
were given and the period of confinement was lessened.

THIRD STAGE

 Prepared for release while staying at Lurk Island wherein they are given and exposed to freedom. After a
manifest reformation the prisoner is then set free.

3. DR. S.G. HOWE – he was the first man to use the word “Parole”. This came about the Prison Association appointed
a committee to reform the prison system of New York following the penal reforms that were instituted in Great
Britain.
Then the New York Governor JOHN T. HOFFMAN endorsed the report and in 1869 brought the creation of
the “New York State Reformatory” at Elmira called Elmira Reformatory.

4. ZEBULON BROCKWAY – THE FIRST Superintendent of the Elmira Reformatory. He compulsory developed
parole which soon spread to other states in the USA.

In his system as Warden of Elmira Reformatory from 1876 – 1900, he implemented a program that made use
of a combination of:

1. Education
2. Skills and Trade training
3. Indeterminate sentence
4. Classification of inmates
5. Incentive program

HISTORY OF PAROLE IN THE PHILIPPINES

LEGAL STATUTES:

Act. No. 4103 – otherwise known as the “Indeterminate Sentence Law”. (Promulgated on December 5, 1933)
In view of the ACT NO. 4103 the “Board of Indeterminate Sentence” was created.
In view of E.O. 83 series of 1937, the Board of Indeterminate Sentence was changed to Board of Pardons. –
It serves as the administrative arm of the President to grant Executive Clemency.
Thereafter, the E.O. no. 94 (organizational Act 1947) was signed and changed finally the Board of Pardons
to the Board of Pardons and Parole.

HOW WAS THE BOARD OF PARDONS AND PAROLE (BPP) CREATED?

BOARD OF INDETERMINATE
SENTENCE
CREATED PURSUANT TO Act no. 4103 –
INDETERMINATE SENTENCE LAW

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Act no. 4103 WAS AMENDED BY E.O. 83,

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CONSTITUTIONAL AND STATUTORY MANDATE:

The BOARD is the administrative arm of the President of the Philippines in the exercise of his constitutional power to grant
after conviction of final judgement, EXCEPT in cases of:

1. Impeachment
2. Pardon
3. Reprieve
4. Amnesty
PAROLE INVESTIGATION PROCESS

1. The Parole process starts upon receipt of the Board of the Prison records and Carpeta of National prisoners from the
Director of Prisons. Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor's information and the decisions of the trial
court and the appellate court

The Director of Prisons has the responsibility to forward the document to the BPP (BOARD OF PARDONS
AND PAROLE) within 30 days before the expiration of the prisoners’ minimum sentence.

The municipal, city, district and Provincial Jail Warden has the obligation to transmit to the Director of
Prisons all pertinent records of prisoners in jails within 30 days before the expiration of such prisoners’ minimum
sentence.

The Director of Prisons shall submit to the BOARD for its consideration within 15 days after receipt of fore
stated records.

2. After a review of cases of qualified inmates, the BOARD will issue a referral, requesting the parole and probation
administration to conduct the following within 30 days upon receipt thereof:

Conduct PRE-PAROLE INVESTIGATION (PPI)

Submit PRE-PAROLE INVESTIGATION (PPIR)

3. Upon receipt of the said reports, the BOARD shall assess and determine whether he petitioner is qualified for parole.

If the offender deserves to enjoy the benefits of being placed on Parole, a release document or specifically
known as DISCHARGE ON PAROLE will be issued for the prisoner’s temporary liberty.

Note! However, if there is a blatant proof that an inmate’s release on parole will put his life and his relatives to risk,
then the release of the prisoner shall be deferred until otherwise there will be an assurance that the danger ceases.

If an inmate is not qualified, then he or she shall remain in Jail or Prison and serve the sentence imposed by
the court.

The Parole Investigation Process

THE DIRECTOR OF PRISONS/WARDEN concerned will:

Forward CARPETA or Prison Records

Non-Institutional Corrections BOARD

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REFERRAL
 PPA will conduct the following:
1. PRE-PAROLE INVESTIGATION (PPI)
2. Submit PRE-PAROLE INVESTIGATION REPORT (PPIR) within 30 days
Correctional Administration – Non-Institutional Corrections

BOARD

GRANT DENY DEFER

DISCHARGE RETENTION JAIL OR

ON PAROLE IN JAIL OR PRISON
(DOP) PRISON

THE PRISONER WILL BE PLACED UNDER

PAROLE CONDITIONS

WHAT IS THE DIFFERENCE BETWEEN DETERMINATE SENTENCE AND INDETERMINATE SENTENCE?

 Under determinate sentencing, the criminal must serve the entire sentence. The date of release remains objective.

 Under indeterminate sentences, a criminal will serve a range of years as determined by the judge. The minimum
time period is usually set and after the minimum sentence passes, the case will go before a parole board which sets
the actual date of release.

WHO ARE DISQUALIFIED FOR PAROLE? (Sec. 15, Act no. 4103)

Disqualification for Parole - The following prisoners shall not be granted parole:

1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. 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;)
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.

WHO MAY BE QUALIFIED FOR PAROLE?

A prisoner shall be eligible for the grant of parole upon showing that –

He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum period of which exceeds
one year, pursuant to a final judgment of conviction;
He has served the minimum period of said sentence less the Good Conduct Time Allowances (GCTA) earned;
There is a reasonable probability that if released, he will be law-abiding;
His release will not be incompatible with the interests and welfare of society.

WHO MAY GRANT PAROLE TO A PRISONER?

The Board of Pardons and Parole, an agency under the Department of Justice.

WHAT IS PAROLE SUPERVISION?

It is a supervision made after release of a client from confinement, placed under the supervision of a Parole Officer.
The period of parole supervision shall extend up to the expiration of the maximum sentence.

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PAROLE SUPERVISION PROCESS

Parole supervision starts upon the issuance of “discharge on parole” or otherwise known as the “release document”
from Board of Pardons and Parole.

A person who was discharged from prison because of parole is called “parolee”. Since he/she is already a parolee,
he/she shall undergo parole supervision.

THE MANDATORY PAROLE CONDITIONS:

To report to the Probation office within 15 days.

To report at least once a month for those who are residing outside Metro Manila/ to report at least twice a month for
those who are residing within Metro Manila.

INFRACTION/VIOLATION OF THE TERMS AND CONDITIONS OF THE RELEASE DOCUMENT (Act no. 4103)

SEC. 38. Progress Report - When a parolee/pardonee commits another offense during the period of his parole
surveillance, and the case filed against him has not yet been decided by the court, a Progress Report should be
submitted by the Probation and Parole Officer to the Board.

SEC. 39. Report of Parole Infraction/Violation - 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
shall be immediately reported by his Probation and Parole Officer to the Board. The report shall be called Infraction
Report when the client has been subsequently convicted of another crime.

Upon determination of the board, should there be any violations of parole conditions, the Board may resolve to
revoke the privilege granted to the Parolee or Pardonee.

In this event, the Board may issue ORDER OF ARREST AND RECOMMITMENT (OAR) and the Parolee shall
serve the remaining portion of his sentence in prison.

Likewise, should there be any misinterpretation made by the parolee prior to his/her release, there shall be a withdrawal or
cancellation of the Release Document.

Substantial compliance during parole supervision would result in the submission of a Summary Report by the
supervising Probation and Parole Officer. In effect, upon evaluation, the Board may resolve to issue a Certificate of Final
Release and Discharge (FRD) for the absolute freedom of the client.

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CHAPTER III

EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY— it is the plenary power of the President to grant Absolute Pardon, Conditional Pardon,
Commutation of sentence, Reprieve and Amnesty.

FORMS OF EXECUTIVE CLEMENCY

1. Absolute Pardon
2. Conditional Pardon
3. Commutation of sentence
4. Reprieve
5. Amnesty

PARDON - An act of executive/by a head of state for the purpose of exempting an individual from the punishment impose
upon him by a court of law.
It is an act of grace and the recipient is not entitled to it as a matter of right.

KINDS OF PARDON

Absolute Pardon
Conditional Pardon

Absolute Pardon
It is an absolute pardon when it is granted by the Chief Executive 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.

Conditional Pardon
It is conditional when it is granted by the Chief Executive subject to the conditions imposed on the recipient and accepted
by him.

AMNESTY -- Is a general pardon extended to a group of persons generally exercised by the Chief Executive with the
concurrence of Congress.

Note: Amnesty can be availed of before, during and after the trial of the case, even after conviction.

DIFFERENCES BETWEEN AMNESTY AND PARDON:

 AS TO THE NUMBER OF THOSE WHO CAN AVAIL

Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political prisoners.

 AS TO THE EFFECT
Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense, while amnesty is an
act of forgetfulness. I.e. it puts into nothingness the offense of which one is charged so that the person as if he had
never committed the offense.

COMMUTATION OF SENTENCE

It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length of the imprisonment of the original sentence.

What specific cases commutation maybe granted?

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1. When the convict sentenced to death is over 70 years of age;

2. When justices of the Supreme Court failed to reach a decision for the affirmation of the death penalty;

In other cases, the degree of the penalty is reduced from Death to Reclusion Perpetua.
In Commutation of Sentence, consent of the offender is not necessary. The public welfare, not his consent,
determines what shall be done.

PETITION FOR EXECUTIVE CLEMENCY MAYBE REVIEWED ONLY IF THE PETITIONER

MEETS THE FOLLOWING MINIMUM REQUIREMENTS:

FOR COMMUTATION OF SENTENCE:

 The inmate should have served at least 1/3 of the definite aggregate minimum of the indeterminate prison term;
 At least 10 years for inmates sentenced to one life imprisonment, for crimes or offenses not punished under republic
act no. 7659 and other special laws.
 At least 13 years for inmates whose indeterminate and or definite prison terms were adjusted to a definite prison term
of 40 years in accordance with the provisions of Art. 70 of the revised Penal Code, as amended.
 At least fifteen years for inmates convicted of heinous crimes as defined in Republic Act 7659 or other special laws,
committed on or after January 1, 1994 or sentenced to one reclusion Perpetua or one life imprisonment;
 At least 18 years for inmates convicted and sentenced to reclusion Perpetua or life imprisonment for violation of R.A.
9165, and kidnapping for ransom, or violation of the laws on terrorism, plunder and transnational crimes;
 At least 20 years for inmates sentenced to two or more reclusion Perpetua or life imprisonment even if their sentences
were adjusted to a prison term of 40 years in accordance with the provisions of article 70 of the revised penal code, as
amended.
 At least 25 years for inmates originally sentenced to death penalty but which was automatically reduced or commuted
to reclusion Perpetua or life imprisonment.

FOR CONDITIONAL PARDON:

 An inmate should have served at least ½ of the maximum of the original indeterminate and or definite prison term.

Conditions of pardon:

1. A Pardonee should live in his parole residence and shall not change his residence without obtaining consent from the
board. In case of temporary need to leave the parole residence, no permission is required but the whereabouts should
be given to the parole/pardon officer.
2. The Pardonee must report to his parole/pardon officer for supervision.
3. The Pardonee shall not indulge in any injurious or vicious habits and shall avoid persons and places of disreputable
character.
4. That the Pardonee shall not commit any crime.

DISQUALIFICATIONS:

The prisoners shall not be granted Executive clemency if:

1. they had been in conditional pardon and violated any of its conditions;
2. they are recidivists
3. they were convicted of evasion of service of sentence, kidnapping for ransom, violation of R.A. 9165 except those
convicted of the use and or possession of prohibited or regulated drugs, and offenses committed under the influence
of drugs;
4. They are suffering from insanity.

REPRIEVE -- Is the temporary stay of the execution of sentence (applicable only to death sentence). Generally, reprieve is
extended to prisoners sentenced to death.
 The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned
man for commutation of sentenced or pardon.

EXECUTIVE CLEMENCY INVESTIGATION PROCESS

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OFFICE OF THE PRESIDENT OR

PETITION MADE BY THE
PRISONER

BOARD

REFERRAL

PPA

INVESTIGATE

SUBMIT
REQUIRED
REPORTS
WITHIN 30
DAYS

BOARD

THE BOARD
WILL:
RECOMMEND,
RESOLVE AND
CERTIFY

OFFICE OF THE PRESIDENT

GRANT DENY

CONDITIONAL PARDON RETENTION IN JAIL OR

DOCUMENT WITH PAROLE PRISON
CONDITIONS

CHAPTER IV

PROBATION

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HISTORY OF PROBATION
Matthew Davenport Hill (1792 – 1872) an English lawyer and penologist; known as Father of probation in England.

This mode of treatment came into being sometime in the mid- 19 th Century as some kind of a social concerns work of
John Augustus. A shoe maker from Boston, who was interceding in the courts to suspend the sentence and bail out youthful
offenders and alcoholics, placed them in his charge and help them find employment.

Eventually his funding run out and he had to stop doing this but by that time others picked up his work and continued
what he is doing. Father Cook started work along this line; he identified youthful offenders being tried in the courts and
whose cases were committed by force of circumstance and not due to criminal nature of the accused. By 1878, the state of
Massachusetts passed the first Probation Law.

ALEXANDER H. RICE – he signed the first probation law in America which was passed by the legislature of Massachusetts
on April 26, 1878.

In 1887, the City of Boston appointed the first government probation officer, the former Chief of Police of Boston,
EDWARD N. SAVAGE.

HISTORY OF PROBATION IN THE PHILIPPINES

Probation was first introduced in the Philippines during the American colonial period (1898-1945) with the enactment
of the Act 4221 of the Philippine Legislature on August 7, 1935.
The said legislative measure created a Probation Office under the Department of Justice.

Probation was brought into reality when the late TEODULO C. NATIVIDAD, member of the House of
Representatives for Bulacan, pursued the enactment of the PD 968 as amended or otherwise known as the Adult Probation
Law of 1976.

The said law gave a second chance to those who deserve to enjoy its benefits and re-enter civilized society as a law
abiding citizen. For this reason, Congressman Teodulo C. Natividad is hailed as the father of Probation in the Philippines.

He also served as the first administrator of the PPA-DOJ (Parole and Probation Administration-Department of
Justice).

IMPORTANT NAMES TO REMEMBER

CONGRESSMAN TEODULO C. NATIVIDAD

 Drafted the Presidential Decree on Probation in the Philippines

 First probation Administrator
 Father of Probation in the Philippines

CONGRESSMAN RAMON BAGATSING

 Co-authored House bill 393 with Congressman Natividad or an act establishing probation in the Philippines.

PRES. FERDENAND E. MARCOS

 The president of the Philippines who approved and signed PD 968, as amended, on July 24, 1976.

PPA-DOJ (PAROLE AND PROBATION ADMINISTRATION-DEPARTMENT OF JUSTICE)

CONSTITUTIONAL AND STASTUTORY MANDATE:

The PPA-DOJ was created by virtue of Presidential Decree 968, as amended, otherwise known as the “Adult
Probation Law of 1976”
Remember! Probation is a matter of privilege and can be granted depending upon the discretion of the court.

DEFINITION OF TERMS:

1. PROBATION -- It is a disposition under which a defendant after conviction is released subject to the conditions
imposed by the court and to the supervision of a probation officer.

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It is a privilege granted by the court to a person convicted of a criminal offense to remain in the community
instead of actually going to prison, subject to the conditions imposed by the court and to the supervision of a
Probation officer.
2. PETITIONER-- It is a convicted defendant who files an application for probation.
3. PROBATIONER -- It refers to a person who is placed under probation.
4. PROBATION OFFICE – it refers either to the Provincial or City Probation Office directed to conduct investigation
or supervision referrals as the case may be;
5. PROBATION ORDER – order of the trial court granting probation.

THE PROBATION INVESTIGATION PROCESS

ACCUSED

OUTSIDE FROM JAIL INSIDE THE JAIL

CONVICTED OFFENDER will be

referred to as PETITIONER

COURT

Act on application for

probation within 15 days

PROSECUTOR

For comment within 10 days

2 WAYS FOR TEMPORARY LIBERTY

BAIL RELEASE ON RECOGNIZANCE

COURT

PAROLE AND PROBATION OFFICE

Conduct POST SENTENCE INVESTIGATION

Submit POST SENTENCE INVESTIGATION REPORT
within 60 days

Court

DENY GRANT WITHDRAW

JAIL PROBATION JAIL

SUPERVISION IN
THE COMMUNITY
PROBATION INVESTIGATION PROCESS

A person who has been accused of a crime can either be detained in jail or released to the community.
The accused will be detained if he is incapacitated to post bail.
Pending trial, the accused can be released from jail if he can post bail.

If the conviction carries a penalty of imprisonment of not more than 6 years and the accused does not file an appeal
for the judgement within the 15-day reglementary period, the accused may apply for probation with the court wherein he
was convicted.

Remember! An applicant for probation is then referred to as petitioner.

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Note! Pending his application for probation, a petitioner may apply for temporary liberty through BAIL or may be
RELEASED ON RECOGNIZANCE wherein a responsible member of the community will undertake the custody of the
petitioner.

WHEN TO APPLY?

The law says that the application should be made within 15 days after conviction. If the case is still pending, the
accused cannot apply for probation.

WHERE THE APPLICATION FOR PROBATION BE FILED?

The application for probation is filed directly to the trial court that heard and sentenced the person applying for
probation.

IS THERE A NEED TO APPLY FOR PROBATION TO AVAIL OF ITS BENEFITS?

Yes, it will not be granted except upon the application by the accused. The trial court may, after it shall have
convicted and sentenced a defendant and upon application by said defendant within the period of perfecting an appeal” – Sec 4

REQUIREMENTS ON HOW TO AVAIL OF THE BENEFITS OF PD 968, AS AMENDED

SUITABILITY

A person must be deserving to be placed under probation. Meaning he shall be suitable to undergo through
community-based rehabilitation programs until full reformation as he goes back to the mainstream of the society.

Sec 8 of PD 968, as amended, clearly states:

“SEC. 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 of the offender, and available institutional and community resources. The Probation shall be denied if the court
finds that:

 The offender is need of correctional treatment that can be provided most effectively by commitment to an institution.
 There is undue risk that during the period of probation, the offender will commit another crime.
 Probation will depreciate the seriousness of the offense committed.

WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? (Sec.9, PD 968)

1.
Those who were sentenced to more than 6 years
2.
Those who were convicted of crimes against the security of the state (Art. 134 to 157 except 135, 140 and 152 of the
RPC)
3. Those previously convicted and punished of not less than 1 month and 1 day imprisonment and/or fine of not less
than 200 pesos (include those punished with destierro)
4. Those who were previously granted probation under P.D. 968
5. Those who were already serving their sentence when probation became applicable
WHO CAN APPLY FOR PROBATION?

Any sentenced offender, 18 years of age and above, not otherwise disqualified can apply for probation before serving
the sentence which may either be imprisonment or both imprisonment or fine.

THE PROBATION SUPERVISION PROCESS

Upon grant of petitioner’s application for probation by the court, he/she will be placed under probation and will be
called as “probationer”.

He/she shall undergo probation supervision, under the supervision of Parole and Probation Officer and will be
obliged to comply with mandatory and other probation conditions.

WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY THE COURT?

The probationer must present himself to his probation officer within 72 hours
Report to his probation officer at least once a month
Not to commit another crime
Comply with any other lawful conditions imposed by the court.

Probationer shall be monitored according to the following manner of supervision:

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1. Maximum Supervision – a form of supervision wherein clients are required to report more than twice per month.
2. Medium supervision -- a form of supervision wherein clients are required to report at least twice a month.
3. Minimum supervision -- a form of supervision wherein clients are required to report to the probation officer at least
once a month.

PERIOD OF PROBATION

SENTENCE PERIOD OF PROBATION

Less than 1 year Not to exceed 2 years
More than 1 year Not to exceed 6 years

During the supervision period, if the probationer fails to show up at the office after a reasonable time, then he is
considered as absconding probationer. In effect, his/her probation may be revoked.

WHAT WILL HAPPEN IF THE PROBATIONER WILL NOT FOLLOW THE PROBATION CONDITIONS?

None compliance with probation conditions may result to:

 Modification of the probation conditions or

 The probation officer may file a Violation report to the court indicating the violation.
 Due process shall be done and the accused shall be given the chance to be heard. If reasons are meritorious, the
probation conditions may be retained or modified.
 If not reasonable, the court may, upon its discretion issue a revocation order. In this regard, probationer will be
ordered to serve the original sentence imposed to him by the honorable court.

WHAT WILL HAPPEN IF THE PROBATIONER HAS COMPLIED WITH THE CONDITIONS OF PROBATION?

If the probationer has substantially complied with the probation conditions, the Probation and Parole officer shall
recommend the discharge of the probationer for probation by submitting a Final Report thereby retaining to probationer all
his/her civil rights lost by virtue of the offense committed.

THE PROBATION SUPERVISION PROCESS

PROBATIONER

CONDITIONS
(MANDATORY AND OTHER CONDITIONS)
SUPERVISION TREATMENT PLANS (STP)

COMPLIANCE NON-COMPLIANCE

FINAL REPORT (PROBATION VIOLATION REPORT (PROBATION

AND PAROLE OFFICER) AND PAROLE OFFICER)

COURT COURT

TERMINATION ORDER REVOCATION ORDER

FREEDOM JAIL

To serve the
sentence of
imprisonment
in full

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DEFINITION OF TERMS:

Act no. 4103 – INDETERMINATE SENTENCE LAW

a. "Board" refers to the Board of Pardons and Parole;

b. "Executive Director" refers to the Executive Director/Secretary of the Board;
c. "Administration" refers to the Parole and Probation Administration;
d. "Administrator" refers to the Administrator of the Parole and Probation Administration;
e. "Regional Director" refers to the Head of the Parole and Probation Administration in the region;
f. "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the supervision of the
client;
g. "Director" refers to the Director of the Bureau of Corrections;
h. "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution
for Women and the prison and penal farms of the Bureau of Corrections;
i. "Warden" refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
j. "Carpeta" refers to the institutional record of an inmate which consists of his mittimus or commitment order
issued by the Court after conviction, the prosecutor's information and the decisions of the trial court and the
appellate court, if any; certificate of non-appeal, certificate of detention and other pertinent documents of the
case;
k. "Prison Record" refers to information concerning an inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for confinement, the place of confinement, the date of
expiration of the sentence, the number of previous convictions, if any, and his behavior or conduct while in
prison;
l. "Parole" refers to the conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence;
m. "Executive Clemency" refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as may be granted by the President of the Philippines;
n. "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;
o. "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of a prisoner;
p. "Conditional Pardon" refers to the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his
criminal liability;
q. "Absolute Pardon" refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his civil and political rights and remits the penalty imposed for
the particular offense of which he was convicted;
r. "Petitioner" refers to the prisoner who applies for the grant of executive clemency or parole;
s. "Parolee" refers to a prisoner who is released on parole;
t. "Pardonee" refers to a prisoner who is released on conditional pardon;
u. "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
v. "Release Document" refers to the Conditional Pardon/Absolute Pardon issued by the President of the
Philippines to a prisoner or to the "Discharge on Parole" issued by the Board;
w. "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole Officer of a
parolee/pardonee;
x. "Summary Report" refers to the final report submitted by the Probation and Parole Officer on his supervision
of a parolee/pardonee as basis for the latter's final release and discharge;
y. "Progress Report" refers to the report submitted by the Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision;
z. "Infraction Report" refers to the report submitted by the Probation and Parole Officer on violations committed
by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.

PD 968 – ADULT PROBATION LAW

(a) "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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer
or both.

EXECUTIVE CLEMENCY

Executive Clemency refers to reprieve, absolute pardon, conditional pardon with or without parole conditions and
commutation of sentence as may be granted by the President of the Philippines
Reprieve - 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

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Absolute Pardon - total extinction of the criminal liability of the individual to whom it is granted without any
condition; it restores to the individual his civil and political rights and remits the penalty imposed for the particular
offense of which he was convicted
Conditional Pardon - exemption of an individual, within certain limits or conditions, from the punishment which the
law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability
Parole - conditional release of an offender from a correctional institution after he has served the minimum of his
prison sentence
Commutation of Sentence - reduction of the duration of a prison sentence of a prisoner

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane correctional systems that
will promote the reformation of offenders and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders’ prisons and other institutions with rehabilitation programs constitutes an
onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall apply to all
offenders except those entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three
and similar laws.

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.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires, be construed
thus:

(a) "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.

(b) "Probationer" means a person placed on probation.

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(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer
or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation
shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction.
The filing of the application shall be deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

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.

Section 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 years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than
one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant
to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the
probationer shall:

(a) 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;

(b) 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:

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(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a 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 for that purpose;

(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 to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval; or

(k) 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.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which time the court shall
inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions
prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under
which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon application of either
the probationer or the probation officer, revise or modify the conditions or period of probation. The court shall notify either the
probationer or the probation officer of the filing such an application so as to give both parties an opportunity to be heard
thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or conditions of
probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be under the control of
the court who placed him on probation subject to actual supervision and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the Court of First Instance of that place, and in such a case, a copy of the probation order,
the investigation report and other pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed
by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not
exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal Code, as
amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a warrant for the
arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision. If the violation is established, the court
may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof
shall not be appealable.

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Section 16. Termination of Probation. After the period of probation and upon consideration of the report and recommendation
of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction
and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a probationer obtained under
this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation
Administration or the court concerned, except that the court, in its discretion, may permit the probationer of his attorney to
inspect the aforementioned documents or parts thereof whenever the best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of Justice an agency to be known as
the Probation Administration herein referred to as the Administration, which shall exercise general supervision over all
probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper execution of its
functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator, hereinafter
referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the operation,
administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods and
procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration and
other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the
objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall assist the
Administrator perform such duties as may be assigned to him by the latter and as may be provided by law. In the absence of
the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-six thousand
pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for Appointment as
Administrator or Assistant Probation Administrator, a person must be at least thirty-five years of age, holder of a master's
degree or its equivalent in either criminology, social work, corrections, penology, psychology, sociology, public
administration, law, police science, police administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices organized in
accordance with the field service area patterns established under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of the Philippines
in accordance with the Integrated Reorganization Plan and upon the recommendation of the Secretary of Justice.

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The Regional Probation Officer shall exercise supervision and control over all probation officer within his jurisdiction and
such duties as may assigned to him by the Administrator. He shall have an annual salary of at least twenty-four thousand
pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be appointed by the
President of the Philippines, upon recommendation of the Secretary of Justice, with an annual salary of at least twenty
thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each province and city who
shall be appointed by the Secretary of Justice upon recommendation of the Administrator and in accordance with civil service
law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions of their
probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable methods
to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the Administration
or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as probation
aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation Officers shall have
the authority within their territorial jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also have, with respect to probationers under their
care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No person shall be
appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he possesses at least a bachelor's
degree with a major in social work, sociology, psychology, criminology, penology, corrections, police science, administration,
or related fields and has at least three years of experience in work requiring any of the abovementioned disciplines, or is a
member of the Philippine Bar with at least three years of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified residents of the
province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice shall organize the
administrative structure of the Administration and the other agencies created herein. During said period, he shall also
determine the staffing patterns of the regional, provincial and city probation offices with the end in view of achieving
maximum efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted by such field
assistants and subordinate personnel as may be necessary to enable them to carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good repute and probity to act as probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance. They shall
hold office for such period as may be determined by the Probation Administrator. Their qualifications and maximum case
loads shall be provided in the rules promulgated pursuant to this Decree.

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Correctional Administration – Non-Institutional Corrections

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging from six months and
one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed upon any person who violates
Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five Hundred Thousand
Pesos or so much as may be necessary, out of any funds in the National Treasury not otherwise appropriated, to carry out the
purposes of this Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be
necessary shall be included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or inconsistent with this
Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or unconstitutional,
no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the application of its
substantive provisions concerning the grant of probation shall only take effect twelve months after the certification by the
Secretary of Justice to the Chief Justice of the Supreme Court that the administrative structure of the Probation Administration
and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventh

REFERENCES:

Books:
 Dr. Janette B. Santos-Padua. Parole Rules, Probation Law And Executive Clemency (non-institution-based
corrections) First Edition, Philippine copyright, 2013

Legal statutes:
 PD 968. “ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES”
 Act NO. 4103

Websites:
 http://www.lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html

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