Corrections as the fourth pillar of Criminal Justice System, perform a very important

role in the life of the offenders. The offenders’ reformation, whether it is a success or
not, can be determined when he returns in the community. There are two forms of
corrections that are being utilized in the reformation of offenders, the institution-
based and the community-based.
The institution-based use jails or prison for the rehabilitations of the offender. On the
other hand, the community-based corrections, that comprised of pardon, parole,
probation, and other executive clemencies, can be used as an alternative or
extension of sentence or program of the offenders.
Learning Outcomes:
 -Discuss the importance of community-based corrections
 -Relate the history of probation
 -Discuss the importance of probation
 -Discuss the importance of PSIR
Learning Objectives:
 -The students will understand the role of non-institutional corrections in the reformation of
the offenders.
CORRECTION – The branch of the administration of Criminal Justice charged with
the responsibility for the custody, supervision and rehabilitation of convicted
offenders. The dual purposes of Correction are: (1) to punish and (2) to rehabilitate
the offender.
Punishment is the redress that the state takes against an defending member of
society that usually involves pain and suffering. It is also the penalty imposed on an
offender of a crime or wrongdoing.
Penology is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders. It
is a term derived from the Latin word “POENA” which, means pain or suffering.
Penology is also otherwise known as Penal Science. It is actually a division of
criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its efforts to repress
criminal activities.

TWO (2) FORMS OF CORRECTION

 1. Institutionalized Correction – The rehabilitation of offenders in jail or in prison.
 2. Non-institutionalized Correction (Community-Based Correction) – Refers to
correctional activities that may take place within the community. They are in the forms of
Probation, Parole, Conditional Pardon, Community works. Concept:Community-based
corrections include all correctional activities that take place in the community. It embraces
any correctional activity in the community that directly addressed to the offender and aimed
at helping him to become a law-abiding citizen.

PURPOSE:
 -focuses on modern community correctional programs of rehabilitation, to the exclusion of
punishment, deterrence and incapacitation of criminal offenders.
ADVANTAGES:
 1. Family members need not to be victims also for the imprisonment of member because
the convict can still continue to support his family
 2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of a crime.
 3. Rehabilitation can be monitored by the community thus corrections can be made and be
more effective
 4. Cost of incarceration will be eliminated which is extremely beneficial especially to
cash-strapped government.
FORERUNNERS OF PROBATION:
Probation was first legally established in the United States, but to trace its origins, it
is important to know the earlier schemes for humanizing criminal justice under the
common law of England. These procedures were found in the laws and customs of
England and were adopted by the colonists who settled in the eastern shores of
United States. Probation as a practice is believed to have been the product of the
following olden practices.
 1. Benefits of the Clergy -Dating back to the reign of HENRY III the 13th century. it
originated in a compromise with the church which had maintained that a member of the
clergy brought to trial in a king's court might be claimed by the bishop or chaplain
representing him on the ground that the prisoner was subjectto the authority of the
ecclesiastical court only.
 2. Judicial Reprieve – Judicial reprieve is a device of modifying the severity of the law, by
temporary suspension of the sentence. This practice was much used bythe early English
judges and grew up at a time when new trials or appeals to another court were impossible
under the common law, but it continued in use thereafter. Early in the 17th century with the
establishment of settlement in America, English Courts began to grant reprieves to prisoners
under sentence of death on condition that they accept DEPORTATION.
 3. Recognizance – This is an OLDER method of suspending or deferring judgment,FOR
GOOD BEHAVIOR. This was based in an ancient practice developed in England in the 14th
century. It originated as a MEASURE OF PREVENTIVE JUSTICE, INVOLVING AN
OBLIGATION OR PROMISE, SWORN TO UNDER COURT ORDER by a person NOT
YET CONVICTED but though likely from the INFORMATION before the court to have
commit a crime, that he would KEEP THE PEACE AND BE OF GOOD BEHAVIOR. It is
the direct ancestor of probation.
The earliest recorded use of recognizance in the United States occurred in 1830 in a
Massachusetts courtroom in the case of the COMMONWEALT VS. CHASE. Presiding
Judge OXENBRIDGE THATCHER of the Municipal Court of Boston set forth the nature of
recognizance:
 4. Banishment/Transportation – This is a form of punishment which is done byindenturing
the convicts to penal colonies where they serve as slave until theycompleted their service of
sentence. Transportation of offenders to penal colonies was practiced principally by
EUROPEAN COUNTRIES that had acquired distant colonies because of the need to import
labor into these colonies.
FOUNDERS OF PROBATION:
 1. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker traditionallyknown
as initiator of probation process. He coined the term probation and is viewed as its founder.
He was later called the “Father of Probation”. The first American probation officer who
developed several features that later became he characteristics of the probation system.
 2. MATTHEW DAVENPORT HILL (Birmingham, England) – An English Lawyer who
had introduced the practice of suspending sentence and releasing the offender under
supervision in England. He was later called the “Father of Probation in England”.
 3. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393 entitled “An Act
Establishing Probation in the Philippines: Providing probation Officers therefore and for
Other Purposes.” He is known as the “Father of Probation in the Philippine”. -
HISTORICAL BACKGROUND OF PROBATION LAW IN THE UNITED
STATES
While the theory of probation can be traced to the long standing custom of the
ANGLOI-AMERICAN COURTS to suspend judgment in certain cases, In PRACTICE
it originated it in 184. When JOHN AUGUSTUS, A BOSTON shoemaker, was
interceding with courts to suspend the sentence of youthful offenders and alcoholics
and AGREED TO SUPERVISE THE BEHAVIOR OF THESE OFFENDSER IN LIEU
OF PRISON TERM placing them in his charge. By the time he died in 1859, he had
made himself responsible for nearly 2000 persons.
At about 1870, FATHER COOK, also of Boston, became interested in youth who
were tried before in courts in and whose cases were due to circumstances rather
than character. After investigating each case and finding the offender not too
hardened and still susceptible
to reform, he made himself available to the court as adviser to these offenders.
Judges realize the importance of his work in reform of the young criminals so that
they placed convicted young offenders under his charge in 1878.
the first probation law was passed by the legislature of Massachusetts and signed
into law by GOVERNOR ALEXANDER B. RICE on April 26, 1878. the first statute
provided for a paid probation officer for adult offenders. and it provided for the
appointment and prescribed the duties of a salaried or paid probation officers for the
courts.
EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named probation officer,
thus becoming the first probation officer employed by the government or first paid
probation officer. In 1891, Massachusetts was followed by other states. March 4,
1925, all but six of the states in the United States, the district of Colombia and
federal government had probation. The federal probation act of 1925 became law on
March 04, 1925. it was signed into law by PRESIDENT CALVIN COOLIDGE.
HUBER LAW (1913) A United states LAW in
WINSCONSIN permitting prisoners not so dangerous to society to be gainfully
employed during the day while residing in jail. FLASH SHEET – Probation Officer
shall notify all police agencies by sending a note that Probationer is under his
supervision.
SURSIS (1888-1891) A unique probation method was introduced in France and
Belgium which provided a probation with no supervision on the condition that no
further offense will be committed within a prescribed period.
INSTITUTIONAL CORRECTION
 - That aspect of the correctional enterprise that involves the incarceration and
rehabilitation of adults and juveniles convicted of offenses against the law, and the
confinement of persons suspected of a crime awaiting trial and adjudication. The
rehabilitation of an offender.
NON-INSTITUTIONAL CORRECTION (Community-Based Correction)
 -That aspect of the correctional enterprise that includes pardon, probation, and parole
activities, correctional administration not directly connectable to institutions, and
miscellaneous (activity) not directly related to institutional care.
CORRECTION ENTITIES/AGENCIES OF THE GOVERNMENT
For Institutional-Based Corrections
  Bureau of Corrections
  Bureau of Jail Management and Penology
  Local Government Units (Provincial Jails)
For Non-Institutional-Based Corrections
  Parole and Probation Administration (Administrator)
  Board of Pardons and Parole (DOJ) (Secretary of Justice)
  Department of Social Welfare and Development (Secretary)
LINKAGES OF THE ADMINISTRATION WITH THE COMPONENTS OF THE
CRIMINAL JUSTICE SYSTEM
 1. The Administration and the Philippine National Police
 -With prior arrangement between the PNP and the Probation and Parole Officers, the
former may conduct surveillance on probationers, parolees and conditional pardonees within
its jurisdiction and monitor their activities to the Parole and Probation Authorities.
 2. The Administration and the Prosecution
 -The Prosecution Office is one of the primary sources of information of the
Administration in the preparation of the reports as may be required by the Courts in various
probation processes and/or Board, in case of pre-parole/executive clemency investigation.
Example of information:
 a. Type of offenses committed
 b. The circumstances surrounding its commission
 c. The prosecutor’s insight into the character and behavior of the offender he had dealt
with.
 3. The Administration and the Courts
 - The linkage is expressly provided for by law. Under P.D. 968, the Administration plays a
supportive role to the Court. It assists the court in determining who should be granted
probation as well as in the modification of the terms and conditions thereof and in the
revocation and or/termination of probation granted to a probationer.
 4. The Administration and the Correctional Institutions
 -It has established Extension Offices for the same purposes in most of the correctional
institutions in this jurisdiction.
 5. The Administration and the Community
 -It needs the full cooperation of the community or society which includes VPAs
(Volunteer Probation Aides)
THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE
SYSTEM
Defining the Scope of Community Corrections
Community corrections: is a sanction in which offenders serve some or all their
sentence in the community.
Community sentence seeks to:
 1. Repair the harm the offender has caused the victim or the Community
 2. Provide for public safety
 3. Rehabilitate and promote effective reintegration
PROBATION
 -Coined by John Augustus
 -is derived from Latin word “ Probare” meaning to prove, to test.
 -It involves the testing of an offender as he proves that he is worthy of his freedom.
SHOCK PROBATION OR SHOCK IMPRISONMENT
 -A variation on the concept of probation in U.S.
 -It allows the sentencing judge to impose the legal sentence and order incarceration of the
offender, only to recall him after a brief legislatively defined period of imprisonment (in Ohio
a maximum of 130 days).
SPLIT SENTENCING
 -It is similar to shock probation and is found in the federal courts.
 -The offender is actually sentenced to a term in prison, but is notified in advance that, after
a given brief period of satisfactory behavior, he can serve the remainder of his sentence on
probation.
 -sentence under which the defendant serves up to half of his term of imprisonment outside
of prison.
HISTORICAL CONTEXT OF PROBATION
Two names are most closely associated with the founding of probation:
 1. Matthew Davenport Hill, an 18th century English barrister and judge.
 2. John Augustus, a 19th Century Boston boot-maker and a shoe maker.
Matthew Davenport Hill
  As a young professional in England, Hill had witnessed the sentencing of youthful
offenders to one-day terms on the condition that they are returned to a parent or guardian who
would closely supervise them.
  When he eventually became the Recorder of Birmingham, a judicial post, he used a
similar practice for individuals who did not seem 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.
John Augustus
  John Augustus, the "Father of Probation," is recognized as the first true probation
officer. Augustus was born in Woburn, Massachusetts, in 1785.
  1829- he was a permanent resident of Boston and the owner of a successful boot-
making business.
  Joined Washington Total Abstinence Society
  1841-John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus.
  Augustus thus began an 18-year career as a volunteer probation officer.
  Augustus was subsequently credited with founding Investigations, one of three main
concepts of modern probation, the other two being Intake and Supervision.
  Augustus, who kept detailed notes on his activities, was also the first to apply the term
"probation" to this process of treating offenders.
  1843, Augustus broadened his efforts to children when he took responsibility for two
girls, ages eight and ten, and an 11-year-old boy, all of whom had been accused of stealing.
  1846, he had taken on the supervision of about 30 children ranging from nine to 16
years old. In his own words he describes his ongoing work with children before the court:
  1847, he bailed nineteen boys, from seven to fifteen years of age, and in bailing them it
was understood, and agreed by the court, that their cases should be continued from term to
term for several months, as a season of probation; thus each month at the calling of the
docket, he would appear in court, make his report, and thus the cases would pass on for five
or six months.
  At the expiration of this term, twelve of the boys were brought into court at one time,
and the scene formed a striking and highly pleasing contrast with their appearance when first
arraigned.
  1858-John Augustus had provided bail for 1,946 men and women, young and old.
Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment when
measured against any standard.
  Died on June 21, 1859
IMPORTANT DATES TO REMEMBER
  1859-The first probation statute, enacted in Massachusetts shortly after Augustus death,
was widely attributed to his efforts.
  1878- the law was passed providing for the appointment of a Probation officer for the
City
  of Boston.
  1891-the law of Massachusetts was passed, that law requiring all criminal courts of the
State of Massachusetts to employ probation officers.
  1897 – Massachusetts became the 1st state enact and adopt “Parole of Convicted
Persons Law”
  1898 – Vermont became the 2nd state to enact a real probation law.
  1899-The first juvenile court was established in Chicago. Formalization of the concept
of Intake is credited to the founders of the Illinois juvenile court
  1899 Rhode Island followed as the 3rd state to enact a real probation law. A complete
state-administered system appeared first here. Minnesota and Illinois enacted laws giving
probation service to children only.
  1900 – New Jersey joined the other states and the 4th state to pass a general probation
law after the New England Model. Also New York became the fifth state to provide for adult
probation.
  May 19, 1924 – the Probation Bill was placed on the Unanimous Consent Calendar and
three (3) objections were tabled. However, was reported without amendment.
  March 2, 1925 – following a debate at the lower House the Probation Bill passed by a
vote of 170 against 49.
  March 3, 1925 – the probation Bill was signed by the House Speaker and the Senate
President Pre Tempore; it was then transmitted to the President of the United Sated.
FATHER COOK
  1870
  Bostonian
  He continued the work of Augustus by identifying youthful offenders being tried in the
courts and whose cases were committed by force of circumstance and not due to the criminal
nature of the accused.
GOV. ALEXANDER B. RICE – he signed into the law the first probation law, that is passed by the Legislature of Massachusetts
on April 26, 1878
GARDINER TUFTS
Director of Massachusetts Boston of State Charities, reported in an address that “the
result probation in cases of juvenile offenders proved so decisively good” that the
legislature 2 years later authorized the city of Boston to appoint a probation officer
for adults and at the session of the Legislature at the present year, a statute was
enacted permitting the appointment of a probation officer adult offenders in every city
and town in the state.”
EDWARD H. SAVAGE
  He was appointed as the First government probation officer.
  He was the former chief of police of Boston City.
VERMONT ACT OF 1898
 -was the second state-enacted probation law
 -The offender or the probationer was the one who pays the trial cost.
SEN. ROYAL S. COPELAND OF NEW YORK
 -He introduced the Second Federal Probation Bill on Dec. 12, 1923 sponsored by REP.
GEORGE S. GRAHAM which was later on approved by the two separate chambers.
FEDERAL PROBATION ACT OF 1925
 -Signed by President Calvin Coolidge on March 4, 1925.
BRIEF HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES
 -The enactment of the juvenile probation law under the 1932 Revised Penal Code started
the probation system in the country.
 -popularly known as the Philippine Probation Act
 -Approved on August 7, 1935
CHIEF PROBATION OFFICER
 -Head of the Probation Office
 -Appointed by the Governor-General with the consent of the Senate
NOVEMBER 16, 1937 – the Probation Act of was struck down as unconstitutional on
the grounds that: (The People of the Philippines and the HSBC vs Jose o. Vera and
Mariano Cu Unjieng)
 1. Said Act encroaches upon the pardoning power of the Chief Executive/President;
 2. It made an undue delegation of legislative power to the provincial boards;
 3. It contravened the equal protection of the law clause. Thus “the People vs Vera” case
sealed the fate of fledging Act No. 4221. It doomed the Act to be the first and last probation
law in the Philippines.
TEODULO C. NATIVIDAD
 -Considered as the “Father of Probation in the Philippines “.
 -He initiated the drafting of the Probation System.
NATIONAL POLICE COMMISSION INTERDISCIPLINARY
 -Drafted a Probation Law
 -18 technical hearings over six months, the draft decree was presented to a selected group
of 369 jurists, penologists, civic leaders and social and behavioral scientists and practitioners.
PRESIDENTIAL DECREE NO. 968 – “Adult Probation Law of 1976” was signed into
law by the President (Ferdinand Marcos) of the Philippines on JULY 24, 1976.
JANUARY 3, 1978 – the probation system started to operate.
Amendments – P.D No. 1257 on December 1, 1977, BP 76 on June 13, 1980 and
later on by P.D. No. 1990 on October 5, 1985, RA 10707 Nov. 26, 2015
P.D. No. 968, as amended, provides for the rules and regulations on probation,
which are currently enforced.
PPA – replaced the old Probation Administration that is mandated to administer the
provisions of the Probation Law.
PD 1257, Section 4, provides for the period during which an application for probation
may be granted, and that is after the trial court shall have convicted and sentenced a
defendant but before he begins to serve his sentence.
PD 1990 – On October 5, 1985, Section 4 was once again amended, it establishes a
much narrower period during which an application for probation may be filed with the
trial court: “after (the trial court) shall have convicted and sentenced a defendant and
within the period for perfecting an appeal.” Took effect on January 15, 1986
November 23, 1989 – EXECUTIVE ORDER 292 – known as the “Administrative
Code of 1987” transferred the function of supervising Parole and Pardoned offenders
from trial courts to the Probation Administration. The code changed the name of the
agency to Parole and Probation Administration (PPA) in order to reflect the change
made by said law.
Sec 42 of R.A. 9344 “The Juvenile and Welfare Act of 2006” further modified Sec. 4
of P.D. 968.
Sec.42 – Probation as an Alternative to Imprisonment – the court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at
any time, place the child on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of PD 968,
otherwise known as the Probation Law of 1976”, is hereby amended accordingly.
PROBATION TERMINOLOGIES
  Amicus Curiae – means a “friend of court” (A Parole and Probation Administration
(PPA) official, upon written invitation or order of the Trial Court, may appear as amicus
curiae on any probation investigation and supervision issue, concern or matter only not on
legal questions, the latter issue being within the province of the courts decide or resolve.
  Pardon – is the act of releasing person from legal penalties for a crime he/she has
committed. Offenders can be pardoned before or after they are convicted. Pardons are granted
by the chief executives, sometimes on the recommendations made by others. A person
granted pardon is entirely free and is not regarded as criminal because the pardon has the
effect of wiping out the conviction. given by higher government powers in order to wipe an
offender's record clean and free them from any remaining penalties.
  Parole – is the early release of criminals from prison, in most cases as a reward for good
behavior. A parole is conditional freedom for a prison inmate. The prisoner (called a
"parolee") gets out from behind bars, but has to live up to a series of responsibilities.
  Petitioner – is a convicted and sentenced offender who applies for probation.
  Post-sentence Investigation – is an inquiry conducted by a probation officer on a court
referral to gather information about a petitioner for probation relative to his character,
antecedents, environment, mental and physical condition, and the available rehabilitative
institutional and community resources. A short of a complete background check of the
offender.
  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. Allows a person convicted of a crime the chance to remain in the community instead
of going to jail.
  Probationer – is a person who is placed under probation.
  Probation Aides – are citizens of good standing in the community who volunteer to
assists the Parole and Probation Officer in the supervision of a number of probationers and
parolees in their respective communities.
  Probation Office – refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case maybe.
  Probation Officer – is a public officer who investigates for the Trial Court a referral for
probation or supervises a probationer or does both.
  Probation Order – refers to the order of the Trial Court granting probation.
  Recidivist – Is one who, at the time of his trial for one crime, shall have been previously
convicted of final judgment of another crime embraced in the same title of the RPC.
PAROLE AND PROBATION ADMINISTRATION
Sec 23: EO 292 – Administrative Code of 1987
Functions:
 1. Administer the parole and probation system
 2. Exercise general supervision over all parolees and probationers
 3. Promote the correction and rehabilitation of offenders; and
 4. Such other functions as may hereafter be provided by law.
Vision:
A model component of the Philippine Correctional System that shall enhance the
quality of life of its clients through multi-disciplinary programs and resources, an
efficient organization and a highly professional and committed workforce in order to
promote social justice and development.
Mission
To rehabilitate probationers, parolees and pardonees and promote their
development as integral persons by utilizing innovative interventions and techniques
which respect the dignity of man and recognize his divine destiny.
Mandate
The PPA is mandated to conserve and/or redeem convicted offenders and prisoners
who are under the probation or parole system.
Goals:
 1. Promote the reformation of criminal offenders and reduce the incidence of recidivism
and
 2. Provide a cheaper alternative to the institutional confinement of first time offenders
who are likely to respond to individualized, community-based treatment programs.
The Seven (7) Divisions of PPA
 1. Financial and Management
 2. Administrative
 3. Legal and Inspection
 4. Case Management and Records
 5. Training
 6. Community Services
 7. Clinical Services Division
STAFF AND PERSONNEL
  Administrator – who shall be appointed by the President of the Philippines. He shall
hold office during good behavior and not be removed except for cause.
  Assistant Administrator – who shall be appointed by the President of the Philippines.
He 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.
  Regional Parole and Probation Officer (RPPO) – who shall be appointed by the
President of the Philippines in accordance with the Integrated Reorganization Plan and upon
the recommendation of the Secretary of Justice.
  Assistant Regional Parole and Probation Officer (ARPPO) – who shall be appointed by
the President of the Philippines, upon recommendation of the Secretary of Justice.
  City or Provincial Parole and Probation Officer (C/P PPO) – who shall be appointed by
the Secretary of Justice upon recommendation of the Administrator and in accordance with
civil service law and rules.
Purpose of Probation
 1. To promote the correction and rehabilitation of an offender by providing him with
individualized treatment.
 2. To provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to serve a prison sentence, and
 3. To prevent the commission of an offense.
 The Benefits of Probation
 1. Probation Protects Society
 -From excessive costs of detention
 -From the high rate of recidivism of detained offenders
 2. Probation Protects the Victim
 -It provided restitution
 -It preserves justice
 3. Probation Protects the Family
 -It does not deprive the wife and children of husband and father
 -It maintains the unity of the home
 4. Probation Assists the Government
 -It reduces the population of prisons and jails
 -It lessens the clogging of courts
 -It lightens the load of prosecutors
 -It sustains law enforcement
 5. Probation Helps the Offender
 -It maintains his earning power
 -It provides rehabilitation in the community
 -It restores his dignity
 6. Probation Justifies the Philosophy of Men
 -That life is sacred
 -That all men deserve a second chance
 -That all individual can change
 -That society has a moral obligation to lift the fallen
THE ADVANTAGES OF PROBATION
 1. Probation prevents crime by offering freedom and aid only to those offenders who are
not likely to assault society again.
 2. It protects society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
 3. It conforms with modern humanistic trends in penology
 4. It prevents youthful or first offenders from turning into hardened criminals.
 5. It is a measure of cutting enormous expense in maintaining jails.
 6. It reduces recidivism and overcrowding in jails and prisons.
 7. It reduces the burden on the police forces and institutions of feeding and guarding
detainees.
 8. It gives the first and light offenders a second chance in life and provides an opportunity
for the reformation of a penitent offender.
 9. It makes the offender productive or taxpayers instead of tax eaters.
 10. It restores to successful probationer his civil rights.
 11. It has been proven effective in developing countries that have adopted it.
 12. It is advocated by the United Nations in its various congresses in crime prevention and
treatment of offenders.
 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;“ 15days to think
 “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.”
Probation is only once in a lifetime (decide in 15 days)
high evidence (appeal) low evidence (probation)
(as amended by R.A.10707, Nov. 26, 2015)
Initial interview 5days (3days present yourself) (2days post sentence investigation
report)
Absconding- failure to report
Upon its issuance
 5 grounds of Warrantless arrest
 1. IN FLAGRANTE DELICTO ARRESTS
 2. Hot pursuit
 3. Fugitive
 4. Under probation
 5. Foreigner deportation
GUIDELINES FOR 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.
  The Probation Officer shall conduct a thorough investigation to gather information
relative to the offender’s character, antecedents, environment, mental and physical condition
and available institutional and community resources.
  The Post-Sentence Investigation is short of a complete background check of the
offender. This is a complete inquiry or investigation into all important aspects of an
offender’s life history. This includes:
 -Agency Check, Local Agency Check, National Agency Check
Agency check- previous job(bio data) Local agency check- police clearance, barangay etc. National agency check- NBI, Birth record etc. Alien- illegal foreigner

 -Birth Records
 -Citizenship status
 -Education
 -Employment
 -Military Service
 -Police Service
 -Credit Records
 -Foreign Travel
 -Organizations
 -Neighborhood Check
 -Character Reference
 -The “family tree” of petitioner
CONFIDENTIALITY OF PROBATION RECORDS (PRIVATE RECORD)
The Post-sentence Investigation Report (PSIR) and the supervision case notes of a
probationer obtained under PD No. 968, as amended, and the PPA Omnibus Rules,
otherwise known as probation investigation and supervision records, shall be
privileged and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration, the Trial Court or other courts concerned,
except that the court of origin (Trial Court) may, it its sound discretion, permit the
probationer or his attorney to inspect the aforementioned documents or parts thereof
whenever the best interest of the probationer makes such disclosure desirable or
helpful.
That any government office or agency engaged in the correction or rehabilitation of
offenders or any researchers (i.e. psychologist, sociologist, graduate students,
academicians, etc.) may, if necessary, obtain of said documents from the Trial Court
or the Parole and Probation Administration, for official and/or research (graduate or
special studies) purposes and other similar undertakings for the sake of public policy,
justice and public interest.
The penalty of imprisonment ranging from six(6) months and one (1) day to six (6)
years and a fine ranging from six hundred (P600.00) to six thousand (P6,000.00)
pesos shall be imposed upon person who violates the confidentiality of probation
records.
POWERS OF CHIEF PROBATION OFFICERS
The Chief Probation Officers (CPOs) shall have the authority within their respective
territorial jurisdictions to administer oaths and acknowledgement and to take
depositions in connections with their duties and functions under PD No.968, as
amended, and the PPA omnibus Rules. They shall also have, with respect to
probationers under their care, the powers of a police officer. As such, they shall be
considered as persons in authority.
FACTORS TO CONSIDER IN GRANTING PROBATION
While not controlling the discretion of the court, the following factors are given weight
in granting probation.
THE OFFENDER NEED PROTECTION
THE OFFENDER WILL COMMIT ANOTHER CRIME
 -The defendant’s criminal conduct neither cause nor threatened serious harm to another
person of his property.
 -The defendant did not plan nor expect that his criminal conduct would cause or threaten
serious harm to another person or his property
 -The defendant acted under strong provocation
 -There were substantial grounds which, though insufficient to establish a legal defense,
tend to excuse or justify the defendant’s conduct
 -The victim of the defendant’s conduct induced or facilitated its commission;
 -The defendant has no history of prior delinquency or criminal activity, or has led a law-
abiding life for a substantial period of time before the commission of the present offense.
 -The defendants conduct was the result of circumstances unlikely to recur.
 -The character, history and attitudes of the defendant indicate that he is unlike to commit
another crime;
 -The defendant is particularly likely to respond affirmatively to probationary treatment;
 -The imprisonment of the defendant would entail undue hardship to himself or his
dependents.
 -The defendant is elderly or in poor health;
 -The defendant did not abuse a public position or responsibility or trust; and
 -The defendant cooperated with law enforcement authorities by bringing other offenders
to justice, or otherwise.
THE FORM OF INVESTIGATION REPORT
The word form as stated means the model of instrument or legal proceeding,
containing the substance and the principal terms, to be used in accordance with the
law.
The following are the Probation Forms Prescribed by the Probation Administration
 1. Probation Form 1 – a worksheet that serves as a basis for further investigation of the
petitioner. (Information)
 2. Probation Form No. 2 – waiver authorizing the Probation Administration to secure any
and all pertinent document and information. (Ex. Warrant of arrest)
 3. Probation Form No. 3 – the Post-Sentence Investigation Report
 4. Probation Form No. 4 – Statement under oath signed by the petitioner that he
understands the conditions of his probation and that he undertakes to comply with said
conditions. (Affix signature as acknowledgement)
 5. Probation Form No. 5 – the Monthly Written Report submitted by Probation Officer
within the first ten (10) days of each month on the status and progress of all probationers
under his charge to the Regional Probation Officer concerned. (Monthly report 1st day,
Cemestral 15days, annual 30days)
 6. Probation Form No. 6 – the Periodic Report to be submitted by the Regional Probation
Officer to Probation Administration.
 7. Probation Form No. 7 – Request form for Outside Travel of Probationer (Travel, 5days
before the intended travel)
 8. Probation Form No. 8 – the Violation Report of the probationer. (absconding
probationer)
 9. Probation Form No. 9 – final Report for closing and termination of Probation Case.
(Probationer has violated/probationer finish his sentence)
 10. Other forms as may be prescribed by the Probation Administration.
Form No. 27- change of residency
Trial procedure also called summary procedure.
11months 30days- Shall not exceed 2years to undergo probation
Probation not exceed more than 6years.
APPLICATION FOR PROBATION
Filing of Application
  It shall be filed with the Trial Court which has jurisdiction over the case, at any time
after conviction and sentence but within the period for perfecting his appeal as provided by
the Rules of Court, in the form approved by the Secretary of Justice as recommended by the
PPA or as may be prescribed by the Supreme Court.
Notice to the Prosecuting Officers
  The Trial Court may notify the concerned Prosecuting Officer of the filing of the
application at a reasonable time it deems necessary, before the scheduled hearing thereof.
Referral to Probation Office
  If the Trial Court finds that the application is in due form and the applicant appears to be
qualified for the grant of probation, it shall order the City or Provincial PPA within its
jurisdiction to conduct a Post-Sentence Investigation (PSI) on the applicant and submit the
Post-Sentence Investigation Report (PSIR) within sixty (60) days from receipt of the order of
said court to conduct such investigation with findings and recommendation as stated in PD
968, as amended.
  The Trial Court may direct the applicant to report to the proper Probation Office within
seventy-two (72) hours from his receipt of such order.
EFFECTS OF FILING AND RECEIPT
 -Suspend the execution of the sentence imposed in the judgment his bail.
 -Pending the submission of the PSIR, the applicant may be allowed on temporary liberty
under the bail/recognizance.
CRITERIA FOR GRANT OF PROBATION
 -The filing of the application shall be deemed a waiver of the right of appeal, or the
automatic withdrawal of a pending appeal.
 -An order denying or granting probation shall not be appealable.
 -Probation is a mere privilege, and as such, its grant rests solely upon the discretion of the
court.
 -It can be granted only once.
 -It is not automatic
INITIAL INTERVIEW
 -Within five (5) working days from the receipt of the court referral, the investigating
Probation Officer on case shall initially interview the applicant if he appeared in the
Probation Office upon response to the seventy-two (72) hours limitations given to him by the
Trial Court.
 -The applicant shall require the applicant to accomplish and sign a Post-Sentence
Investigation Work Sheet (PPA Form 1).
 -A waiver-cum-authorization (PPA Form 2), authorizing the PPA and/or the Probation
Office to secure any and all information on the applicant, shall be duly executed and signed
by him.
CONFIDENTIALITY OF POST-SENTENCE INVESTIGATION INFORMATION
 -the investigating Probation and Parole Officer on case shall inform the applicant of the
confidential nature of the information taken during the PSI and the limited scope and extent,
whereby said information, may be disclosed only to some statutory designated authorities and
entities.
SUBMISSION OF PSI REPORT
 -After the completion of the PSIR, the Probation Office shall submit such PSIR to the
Trial Court.
 -Not later than 60 days submission of probation officer of PSIR to court
 -Not later than 15 days after receipt of report the court shall resolved the application for
probation.
PURPOSE OF PSIR
 -It aims to enable the Trial Court to determine whether or not the ends of justice and the
best interest of the public primarily, as well as that of the applicant would be served by the
grant or denial of the application.
PROBATION IS BEING GRANTED BY THE JUDGE. PAROLE IS GIVEN BY THE
PRESIDENT.
CORRECTION – The branch of the administration of Criminal Justice charged with
the responsibility for the custody, supervision and rehabilitation of convicted
offenders. The dual purposes of Correction are: (1) to punish and (2) to rehabilitate
the offender.
Punishment is the
redress that the state takes against an defending member of society that usually
involves pain and suffering. It is also the penalty imposed on an offender of a crime
or wrongdoing.
Penology is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders. It
is a term derived from the Latin word “POENA” which, means pain or suffering.
Penology is also otherwise known as Penal Science. It is actually a division of
criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its efforts to repress
criminal activities.

TWO (2) FORMS OF CORRECTION

 3. Institutionalized Correction – The rehabilitation of offenders in jail or in prison.
 4. Non-institutionalized Correction (Community-Based Correction) –
Refers to correctional activities that may take place within the community. They are
in the forms of Probation, Parole, Conditional Pardon, Community works. Concept:
Community-based corrections include all correctional activities that take place in the
community. It embraces any correctional activity in the community that directly
addressed to the offender and aimed at helping him to become a law-abiding citizen.

PURPOSE:
-focuses on modern community correctional programs of rehabilitation, to the
exclusion of punishment, deterrence and incapacitation of criminal offenders.

ADVANTAGES:
 5. Family members need not to be victims also for the imprisonment of member because
the convict can still continue to support his family
 6. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of a crime.
 7. Rehabilitation can be monitored by the community thus corrections can be made and be
more effective
 8. Cost of incarceration will be eliminated which is extremely beneficial especially to
cash-strapped government.
FORERUNNERS OF PROBATION:
Probation was first legally established in the United States, but to trace its origins, it
is important to know the earlier schemes for humanizing criminal justice under the
common law of England. These procedures were found in the laws and customs of
England and were adopted by the colonists who settled in the eastern shores of
United States. Probation as a practice is believed to have been the product of the
following olden practices.
 5. Benefits of the Clergy -Dating back to the reign of HENRY III the 13th century. it
originated in a compromise with the church which had maintained that a member of the
clergy brought to trial in a king's court might be claimed by the bishop or chaplain
representing him on the ground that the prisoner was subject to the authority of the
ecclesiastical court only.
 6. Judicial Reprieve – Judicial reprieve is a device of modifying the severity of the
law, by temporary suspension of the sentence. This practice was much used bythe early
English judges and grew up at a time when new trials or appeals to another court were
impossible under the common law, but it continued in use thereafter. Early in the 17th
century with the establishment of settlement in America, English Courts began to grant
reprieves to prisoners under sentence of death on condition that they accept
DEPORTATION.
 7. Recognizance – This is an OLDER method of suspending or deferring judgment,FOR
GOOD BEHAVIOR. This was based in an ancient practice developed in England in the 14th
century. It originated as a MEASURE OF PREVENTIVE JUSTICE, INVOLVING AN
OBLIGATION OR PROMISE, SWORN TO UNDER COURT ORDER by a person NOT
YET CONVICTED but though likely from the INFORMATION before the court to have
commit a crime, that he would KEEP THE PEACE AND BE OF GOOD BEHAVIOR. It is
the direct ancestor of probation.
The earliest recorded use of recognizance in the United States occurred in 1830 in a
Massachusetts courtroom in the case of the COMMONWEALT VS. CHASE. Presiding
Judge OXENBRIDGE THATCHER of the Municipal Court of Boston set forth the nature of
recognizance:
 8. Banishment/Transportation – This is a form of punishment which is done byindenturing
the convicts to penal colonies where they serve as slave until theycompleted their service of
sentence. Transportation of offenders to penalcolonies was practiced principally by
EUROPEAN COUNTRIES that had acquireddistant colonies because of the need to import
labor into these colonies.
FOUNDERS OF PROBATION:
 4. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker traditionallyknown
as initiator of probation process. He coined the term probation and is viewed as its founder.
He was later called the “Father of Probation”. The first American probation officer who
developed several features that later became he characteristics of the probation system.
 5. MATTHEW DAVENPORT HILL (Birmingham, England) – An English Lawyer who
had introduced the practice of suspending sentence and releasing the offender under
supervision in England. He was later called the “Father of Probation in England”.
 6. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393 entitled “An Act
Establishing Probation in the Philippines: Providing probation Officers therefore and for
Other Purposes.” He is known as the “Father of Probation in the Philippine”. -
HISTORICAL BACKGROUND OF PROBATION LAW IN THE UNITED STATES
While the theory of probation can be traced to the long standing custom of the
ANGLOI-AMERICAN COURTS to suspend judgment in certain cases, In PRACTICE
it originated it in 184. When JOHN AUGUSTUS, A BOSTON shoemaker, was
interceding with courts to suspend the sentence of youthful offenders and alcoholics
and AGREED TO SUPERVISE THE BEHAVIOR OF THESE OFFENDSER IN LIEU
OF PRISON TERM placing them in his charge. By the time he died in 1859, he had
made himself responsible for nearly 2000 persons.
At about 1870, FATHER COOK, also of Boston, became interested in youth who
were tried before in courts in and whose cases were due to circumstances rather
than character. After investigating each case and finding the offender not too
hardened and still susceptible
to reform, he made himself available to the court as adviser to these offenders.
Judges realize the importance of his work in reform of the young criminals so that
they placed convicted young offenders under his charge in 1878.
the first probation law was passed by the legislature of Massachusetts and signed
into law by GOVERNOR ALEXANDER B. RICE on April 26, 1878. the first statute
provided for a paid probation officer for adult offenders. and it provided for the
appointment and prescribed the duties of a salaried or paid probation officers for the
courts.
EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named probation officer,
thus becoming the first probation officer employed by the government or first paid
probation officer. In 1891, Massachusetts was followed by other states. March 4,
1925, all but six of the states in the United States, the district of Colombia  and
federal government had probation. The federal probation act of 1925 became law on
March 04, 1925. it was signed into law by PRESIDENT CALVIN COOLIDGE.
HUBER LAW (1913) A United states LAW in
WINSCONSIN permitting prisoners not so dangerous to society to be gainfully
employed during the day while residing in jail. FLASH SHEET – Probation Officer
shall notify all police agencies by sending a note that Probationer is under his
supervision.
SURSIS (1888-1891) A unique probation method was introduced in France and
Belgium which provided a probation with no supervision on the condition that no
further offense will be committed within a prescribed period.

MIDTERM COVERAGE
HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES
Presidential Decree968 which established a probation system as a less costly
alternative to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs is the second legislation that
enforces a probation system in the country. The first legislation was ACT NO. 4221
enacted by the Probation Officer under the Department of Justice, Led by a Chief
Probation Officer appointed by the American Governor General with the advice and
consent of the U.S. SENATE. However, because of some defects in the law Act No.
4221 was declared unconstitutional on November 16, 1937 in the case of People vs.
Vera (37 O.G. 164) ,for undue delegation of legislative power.
In PEOPLE VS. VERA 37 O.G. 164). The constitutionality of the probation law (act
no. 4221) was challenged on three (3) grounds:
 1. That said act encroaches upon the pardoning power of the chief
executive/president:
 2. That it constitutes an undue delegation of legislative power; and
 3. That it denies the equal protection of laws.
The supreme court in declaring act no. 4221 unconstitutional on November 16, 1937,
held that the act was a surrender of legislative power to the provincial boards for its
application was left to their determination in providing for the salary appropriation
and also on the ground that not all provinces could afford financially to implement
probation consonant with the equal protection of law. It was considered class
legislation. Under this law probation existed only in cities and municipalities which
were given appropriations for said purpose by legislature. The first probation act
stayed in the statute books for only two (2) years. the ill-fated act was not repugnant
to the 1935 constitution per se it was only the procedural framework that was
antagonistic with the constitution charter.
In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO C.
NATIVIDAD and RAMON BAGATSING tried to revive the Probation System but did
not pass Congress.
PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND YOUTH
WELFARE CODE was passed to avail, PROBATION TO MINOR OFFENDERS. It
amended Article 80 of the Revise Penal Code by raising the age of minority to under
21 years of age at the time of the commission of the offense.
The turning point of the Probation law came in the late 1974 when the National
Defense Secretary JUAN PONCE ENRILE as concurrent chairman of NAPOLCOM
created the Inter-Disciplinary Committee on crime Prevention chaired by then
commissioner TEODULO C. NATIVIDAD.
The NAPOLCOM, acting on a report submitted by the Philippine Delegation to the
5th UN CONGRESS on the Prevention of Crime and the Treatment of Offenders,
created an interdisciplinary committee tasked with formulating a National Strategy to
Reduce Crime and drafting a Probation Law. On July 22-24 1976, the First National
Conference on strategy to reduce crime was held at Camp Aguinaldo, Quezon City.
This was attended by nearly 800 delegates, guest, observers from various
components of the Criminal Justice System.
After many hearing and extensive consultations the draft decree was presented to a
selected group of 369 jurist, penologist, civic leaders and Social and Behavioral
Scientist and practitioners. These selected group overwhelmingly endorsed the
establishment of an ADULT PROBATION SYSTEM in the country.
Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO. 968,
Otherwise known as the ADULT PROBATION LAW OF 1976, was signed into law by
then PRESIDENT FERDINAND E. MARCOS. P.D. NO. 968 establish the
PROBATION ADMINISTRATION UNDER THE DEPARTMENT OF JUSTICE (DOJ).
P.D. NO. 968 seeks to afford adult offenders what others like drug addicts and youth
are already enjoying under existing laws and what offenders in other countries have
long been entitled to.
On November 1989 a new administration code transferred the function of
supervising
parole and pardoned officers from trial courts to the probation administration. The
code also changed the name of the agency to Parole and Probation Administration
(PPA) in order to reflect the changed made by said law. in 1991, the PPA was
assigned the new tasked of conducting pre-parole and executive clemency
investigations in all city and provincial jails and preparing pre-parole reports for the
board of pardons and parole.
AT PRESENT, Some Bills filed in Congress to extend the coverage of the Probation
Law to include offenders sentenced to twelve (12) years imprisonment instead of the
present ceiling of six (6) years. There are also move to amend or repeal P.D. No.
1990 which provides that an application for probation shall no longer be entertained
or granted if the convicted offender has appealed against conviction.
PROBATION LAW PROPER
Presidential Decree 968 – The Probation Law of 1976. Also known as the “Adult
Probation Law”.
Reason for its enactment:
 1. The establishment of a more enlightened and humane correctional systemthat will
promote the reformation of offenders;
 2. Reduce the incidence of RECIDIVISM
 3. To remedy the onerous drain on the financial resources of the country.
 4. The need to provide a less costly alternative to the imprisonment of offenders who are
likely to respond to individualized community based treatment programs.
PROBATION – Probation as a term and as a procedure is derived from the Latin
word “PROBARE” meaning to PRAVE. Therefore, as the term Latin Etymology
states, probation involves the testing of an offender and proving that he's worth of his
freedom. It is a procedure whereby the sentence of an offender is suspended, while
he is permitted to remain in the community, subject to the control of the court and
under the supervision and guidance of probation officers. A disposition under which
a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of probation officers.
PROBATIONER – It means a person placed on probation.
PROBATION OFFICER – It means one who investigates for the court a referral for
probation or supervises a probationer or both; and performs other related duties as
directed.
PETITIONER – A convicted defendant who files a formal application for probation.
BASIC ELEMENT OF PROBATION
 1. A suspension of the sentence
 2. A period at trial for the offender in the community
 3. The offender’s observance of the law and the adherence to the condition imposed by the
court
 4. The supervision of the offender by a probation officer
ESSENTIAL ELEMENTS OF PROBATION
 1. A post-sentence investigation report which will serve as the informational basis for the
court' s decision to grant or deny probation.
 2. The conditional suspension of execution of sentence by the court.
 3. Conditions of probation imposed by the court to protect public safety and to foster the
rehabilitation and reformation of the probationer.
 4. Supervision, guidance and assistance of the offender by the probation officer.
PURPOSE OF PROBATION
 1. To promote the correction and rehabilitation of an offender by providing him with
individualized (personalized), community based treatment.
 2. To provide an opportunity for his reformation and reintegration into the community;
and
 3. To prevent the commission of offenses.
GRANT OF PROBATION
Probation is a PRIVILEGE and, as such, its grant rest solely upon the DISCRETION
of the court. The grant of probation results in the release of the petitioner subject to
the terms and conditions imposed by the court and to the supervision of Probation
Office.
In TOLENTINO VS. JUDGE ALCONCEL – It was held: “that probation is a mere
privilege and its grant rest solely upon discretion of the court and is privilege for the
benefit of society and only incidentally for the benefit of the accused.”
In BACLAYON VS. MUTIA – The SC held that “An order placing defendant on “
probation” is NOT a “ sentence” but is rather in effect a suspension of the impossible
of sentence. It is not a final judgment but is rather an “interlocutory judgment” in the
nature of a conditional order placing the convicted defendant under the supervision
of the court for his reformation, to be followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by a final judgment of sentence if
the conditions are violated.
WHO ARE QUALIFIED FOR PROBATION?
Any sentenced offender, 18 years of age above not otherwise disqualified under PD
968 as amended can apply for probation before serving the sentence which may
either be imprisonment or a fine with subsidiary imprisonment, or both imprisonment
and fine.
ARE ALL CONVITED PERSONS WHO ARE NOT DISQUALIFIED ENTITLED TO
PROBATION AUTOMATICALLY?
NO. The court will not grant probation if after investigation conducted by the
probation officer, it finds that:
 1. The offender can be treated better in an institution or other places for correction;
 2. The offender is a risk to the community;
 3. Probation will depreciate the gravity of the offense.
DISQUALIFIED OFFENDERS FOR PROBATION:
 1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX
(6) YEARS;
 2. Those convicted of SUBVERSION or any CRIME AGAINST THE NATIONAL
SECURITY OR PUBLIC ORDER
 3. Those who were previously convicted by final judgment of an offense punished by
imprisonment of NOT LESS THAN ONE MONTH AND ONE DAY and/or FINE OF NOT
LESS THAN TWO HUNDRED PESOS ( P200.00 );
 4. Those who have been ONCE on probation under the provisions of P.D. No. 968, as
amended
 5. Those who are already serving sentence at the time the substantive provisionof the
decree became applicable pursuant to section 33 of PD 968. ( As amended by BP Blg. 76 and
PD 1990, Oct. 5, 1985)
Q: HOW MANY TIMES CAN ONE BE GRANTED PROBATION?
ANS: An offender can be granted probation once in his life time.
OBJECTIVES OF PROBATION
The Supreme Court declared that as probation provides a period of grace in order to
aid in the rehabilitation of penitent offender, taking advantage of an opportunity for
reformation and thereby abort their development into hardened criminals, the welfare
of society which is its chief aim would be enhance. In this regard, the SC stressed
that the benefit of probation to the individual convicts is MERLY INCIDENTAL. As
presently enacted into PD 968 as amended, the objectives of probation are as
follows:
 1. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment:
 2. Provide an opportunity for the reformation of a penitent offender which mightbe less
probable if he were to serve a prison sentence, and
 3. Prevent the commission of offense
WHEN AND WHERE TO FILE THE PETITION FOR PROBATION?
The application for probation shall be filed with the court that tried and sentenced the
offender at anytime before the imprisonment starts.
PROCEDURE
 1. The defendant must file before the trial court an application for probation
within 15 days after he has been sentenced but before he begins to serve the sentence. If the
defendant has been convicted and has appealed the sentence of conviction, an application for
probation cannot be entertained (PD 1990). The prosecuting officer concerned shall be
notified by the Court of the filing of such application and may submit his comments within
10 daysfrom noticed.
 2. The application should be entertained by the court by ordering the probationofficer to
conduct an investigation of the offender provided he is not disqualified under the decree,
while it is discretionary with the court to grant or deny an application for probation, the
Probation Law requires that an investigation be first conducted by the probation officer who
shall submit his report within 60 days from receipt of the court's order. Only thereafter shall
the court resolve the application, an outright denial by the court is a nullitycorrectable by
certiorari.
CAN THE OFFENDER BE RELEASED WILE HIS APPLICATION FOR
PROBATION IS PENDING?
YES, at the discretion of the court;
 1. On the same bond he filed during the trial;
 2. On a new bond; or
 3. To the custody of a responsible member of the community if unable to file a bond.
CONFIDENTIAL NATURE OF THE PRE-SENTENCE INVESTIGATION
Nature of investigation report and supervision history of probationer -It shall be
privilege and shall not be revealed directly or indirectly except to (a) Probation
administration (b) the court concerned. Violation of confidential nature of probation
records is an OFFENSE. Penalty is imprisonment from 0-6-1 to 6-0-0 and a fine from
P600 to P6, 000.
RIGHTS AND DUTIES OF THE PROBATIONER
WHEN PROBATION IS GRANTED, WHAT CONDITIONS DOES THE COURT
IMPOSE?
 1. The probationer must present himself to his Probation Officer within seventy-two
( 72 )hours;
 2. Report to his Probation Officer in-charge of his supervision at least once a month;
 3. Not to commit any offense
 4. Comply with any other conditions imposed by the court.
PERIOD OF PROBATION
 1. Not more than two ( 2 ) years if the probationer was sentence to imprisonment of one
( 1) year or less;
 2. Not more than six ( 6 ) years if the probation was sentence to imprisonmentof more than
one ( 1 ) year;
 3. When the sentence imposed a FINE ONLY and the offender is made to SERVE
SUBSIDIARY IMPRISONMENT in case of insolvency, the period of probationshall NOT
BE LESS THAN NOR TWICE the total number of days of subsidiaryimprisonment.
SUPERVISION IN PROBATION
EFFECT OF PROBATION ON ACCESSORY PENALTIES
Accessory penalties are DEEMED SUSPENDED once probation is granted.
THE TWO MANDATORY CONDITIONS OF PROBATION.
 1. To present himself to he Probation Office concerned for supervision within 72 hours
from receipt of said Order;
 2. To report to the Probation Officer at least once a month during the period of probation.
SUPERVISION OF PROBATIONERS
Probationers report to their probation officer as often as indicated in the conditions of
probation.
The PO sees to it that the conditions of probation as given by the court are followed.
Probationers are helped to developed themselves, to learn the skills if they do not
have any , and to be gainfully employed so they can be useful members of the
society, houses visits and follow-up in their places of work may be done if needed.
The PO makes regular reports about the probationer to the court.
VIOLATION OF PROBATION
Q: WHAT HAPPENS TO A PROBATIONER IF CONDITIONS OF PROBATION
ARE VIOLATED?
 1. The probation officer investigates the alleged violation and if it is established, a report
is submitted to the court. There can be modification of condition of probation by the court,
depending on the nature and seriousness of the violation;
 2. There is also the possibility of arrest including criminal prosecuting of the probationer
in the event of commission of another offense. The revocation proceeding is summary. If the
court finds the probationer guilty of serious violation of the conditions of probation he may
be ordered to serve the original sentence imposed on him.
THE GROUNDS FOR REVOCATION OF PROBATION
 1. Failure to comply with any condition
 2. Commission of another offense.
What constitute commission of another offense or violation of penal law? Is it, the act
of committing or perpetrating a crime? Or conviction for the commission of said
offense?
Answer: Supreme Court ruled that conditions violated by the pardonee or parolee on
judicial condition are not necessary. Supreme Court revoked probation on the basis
of a subsequent final judgment without remaining the case to the probation.
MODES OF TERMINATIONS
 1. The successful completion of program of probation.
 2. Revocation for cause, or death of the probations.
TERMINATION REPORT – 30 days before the termination period.
LEGAL EFFECTS OF DISCHARGE
 1. Probation shall restore to him all civil right lost or suspended as a result of the
conviction.
 2. Shall fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
VOLUNTEER PROBATION AIDE – One must be
 a. a citizen of good repute and integrity
 b. at least 18 tears of age
 c. appointed by the Probation Administration
 d. assist the Probation Officers and Assistant Probation Officers in the investigation and
supervision
 e. not entitled to salary but is given reasonable travel allowance
MIDTERM COVERAGE
EXECUTIVE CLEMENCY
1.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;
 2.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;
 3.commutation of Sentence” refers to the reduction of the duration of a prison sentence of
a prisoner;
 4.“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;
 5.“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;
PAROLE
PAROLE -It consists in the suspension of the sentence of a convict after serving the
minimum of the sentence imposed without granting a pardon,prescribing the terms
upon which the sentence shall be suspended. It is a procedure by which prisoners
are selected for release on the basis of individual response and progress within the
correctional institution and a service by which they are provided with necessary
controls and guidance as they serve the reminder of their sentences within the free
community.
“PAROLE” -Parole is a French word and is used here in the sense of word of honor.
Thus, the implication was that the prisoner would gave his word ( or word of honor )
that he would abide by the term of his conditional releases.
ORIGIN OF DEVELOPMENT OF PAROLE
In Europe, two persons who are administrators in the early 19th century contributed
to the development of parole and they are Menthesinos of Spain and Abermanior, a
German. But it was Captain Alexander Maconochie, penal superintendent at Norfolk
Island colony, Australia, who in 1840 originated the use of ticket of leave, or
conditional release equivalent to parole. Alexander Maconochie was then called the
“Father of Parole”.
PAROLE IN AMERICA
It is said that the first man to use the word “Parole” was Dr. S. G. HAWE of Boston
who used word in a letter to the prison association of New York in 1846. But it was in
1869, after some American prison reformers who observed the Irish Prison System
instituted by Sir Walter Crofter that led to the approval of the law creating the Elmira
Reformatory in new York, which was inaugurated in 1876, and this famous institution
can be said to be the beginning of parole in the United States. With ZEBULON R.
BROCKWAY, as superintendent at Elmira, using the indeterminate sentence in
compulsory developed parole which soon spread to other states of the United
States. By 1910, the federal government and thirty two states had adopted the
parole system. Totally, parole is being used in some form or another in almost all of
the states of the United States, as well as other countries including Philippines.
PAROLE IN THE PHILIPPINES
Parole in the Philippines is governed by the INDETERMINATE SENTENCE LAW,
also known as ACT NO. 4103, Dated December 05, 1933, and this law was
subsequently amended by ACT No. 4225, and later in June 19, 1965 by Republic
Act No. 4203.
ACT NO. 4103
ACT NO. 4103 -AN ACT TO PROVIDE FOR AN INDETERMINATE
SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF
CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO
CREATE A BOARD OF INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES
An indeterminate sentence is a sentence imposed for a crime that isn't given a
definite duration. The prison term does not state a specific period of time or release
date, but just a range of time, such as "five-to-ten years."
An indeterminate sentence is a sentence that does not assign a set amount of jail
time.
You don’t know when to end your sentence.
INDETERMINATE SENTENCE
PURPOSE: To uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of personal liberty and economic usefulness.
It covers crimes punishable under the revised code or by special law.
Classify minimum(12 years, 4years and 1 day(eligible to apply parole) and
maximum.
Medical parole-Compassionate release
Supervised Release
Cases in which the indeterminate sentence law shall not apply:
 1.Offense punished by death or life imprisonment
 2.Those convicted of treason(Betrayal to Country) ( Art. 114 ), Conspiracy or proposal to
commit treason ( Art. 115) Can apply amnesty
 3.Those convicted of misprision of treason ( Art. 116 ), rebellion ( Art. 134 ) , sedition
( Art. 139 ), or espionage ( Art. 117)
 4.Those convicted of piracy ( Art. 122 )
 5.Habitual delinquents ( Art. 62, par. 5 ) Continuous doings of crime
Note: Recidivists are entitled to an Indeterminate Sentence. Offender is not disqualified to
avail of the benefits of the law even if the crime is committed while he is on parole.
 6.Those who escaped from confinement or those who evaded sentence ( Art. 157 )
 7.Those granted conditional pardon and who violated the terms the same. ( Art. 159 )
 8.Those whose maximum period of imprisonment does not exceed one year.
 9.Those who are already serving final judgment upon the approval of the ISL.
NOTE: A minor who escaped from confinement in the reformatory is entitled to the
benefits of the ISL because his confinement is not considered as imprisonment. So
also if the accused escaped from the National Mental Hospital since his confinement
as patient is not imprisonment. The law does not apply if the penalty is destierro
because that does not involve imprisonment.
PAROLE ADMINISTRATION IN THE PHILIPPINES
Parole in the Philippines is administered by the Board of Pardons and Parole, who
shall composed of the Secretary of Justiceas chairman and four members to be
appointed by the President with the consent of the Commission on Appointments
and shall hold office for four tears of the appointed members, one member shall be
trained sociologist, one a clergyman or educator, one psychiatrist, and other
members shall be persons qualified for the work by training and experiences. At
least one member of the board must be woman.
Parole and so on—Appointed by the president
Provincial and City Officer— Appointed by the secretary of justice.
EFFECT OF PAROLEE' S GOOD BEHAVIOR
If during the surveillance such parole prisoner shall show himself to be a law abiding
citizen and shall not violated any of the laws of the Philippine Islands, the Board of
Indeterminate sentence may issue a final certificate of release in his favor, which
shall entitled him to final release and discharge.
Good behavior does not guarantee in granting parole.
Note: Maraming nag papanggap na mabait na sila.
VIOLATION OF PAROLE CONDITIONS BY PAROLE ITS EFFECTS
When any prisoner release on parole by virtue of this act, shall, during the period of
surveillances , violate3 any condition of his parole, the Board of Indeterminate
Sentence may issue an order for his re-arrest which may served in any part of the
Philippine Islands by any police officer. In such case the prisoner so re-arrested shall
serve the remaining unexpired portion of the maximum sentence for which he was
originally committed the prison, unless the Board of Indeterminate Sentence shall
grant a new parole to the said prisoner.
PAROLE ADMINISTRATION
Parole refers to the conditional release of a offender from a penal or correctional
institution after he has served the minimum period of his prison sentence under the
continued custody of the State and under conditions that permit his reincarnation if
he violates a condition for his release.
ESSENTIAL ELEMENTS OF PAROLE
 a.that the offender is convicted;
 b.the he serves part of his sentence in prison;
 c.the he is released before the full expiration of his sentence;
 d.that said release is conditional, defending on his good behavior; and
 e.that he remains on parole until the expiration of his maximum sentence.
OBJECTIVES OF PAROLE
To uplift and redeem valuable human resources material to economic usefulness;
To prevent unnecessary and excessive deprivation of personal liberty.
ELIGIBLE FOR PAROLE
A prisoner is eligible for the grant of parole unless other wise disqualified upon
showing that is confined in a jail prison to serve indeterminate prison sentence, the
maximum period of which exceeds one ( 1 ) year, pursuant to a final judgment of
conviction and that he has serve the minimum period of said sentence less the good
conduct time allowance earned.
DISCHARGE ON PAROLE
A prisoner may be granted a “Discharge on Parole” whenever the Board finds that
there is a reasonable probability that if released, the prisoner will be law-abiding and
that his release will not the interest and welfare of the society.
ORDER OF RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole will order the release from confinement of a
prisoner granted parole.
DISQUALIFIED FOR PAROLE
 a.Those convicted of an offense punished with Reclusion Perpetua ( Life Imprisonment )
 b.Those convicted of treason, conspiracy of proposal to commit treason;
 c.Those convicted or misprision of treason, rebellion, sedition or espionage;
 d.Those who are habitual delinquents, is those who are within a period of ten 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 said crimes a
third time or oftener;
 e.Those who escaped from confinement or evaded sentence;
 f.Those who are granted conditional pardon and violated any of the terms thereof;
 g.Those whose maximum term o0f imprisonment does not exceed one ( 1 ) year or are
with a definite sentence ;
 h.Those suffering from any mental disorder as certified by psychiatric report of the Bureau
of Corrections or the National Center for Mental Health;
 i.Those whose conviction is on appeal;
j.Those who have a pending criminal case for an offense committed while serving
sentence.
PRISONERS AFTER RELEASE FROM CONFINEMENT MUST PRESENT
HIMSELF
Within the period prescribed in his release document(Conditions inside), the prisoner
shall present himself to the Parole and Probation Office specified in the release
document, under the supervision of a Parole and Probation Officer so that former
may be guided and assisted towards rehabilitation.
INFRACTION OF THE TERMS OF PAROLE SUPERVISION
Any infraction by a client of the terms and conditions appearing in his release
document or any serious deviation or non-observance of the obligations set in the
parole supervision program shall immediately reported by his Parole and Probation
Officer to the Board.
ARREST OF THE CLIENT OF PAROLE
Upon receipt of an infraction report(Violations inside), the Board shall immediately
order the arrest of the client of the Parole and shall be made to serve the remaining
unexpired portion of the maximum sentence for which he was originally committed to
prison. (Needs a valid warrant of arrest)
TERMINATION OF PAROLE
After the expiration of the maximum period of the sentence of a client provided he
does not commit any infraction and the Board may, upon the recommendation of the
Parole and Probation Officer, issue a certificate of Final Release and Discharge to a
Parole.
Parole- less gastos, less over crowded in jail, to freed the innocent.
OTHER FORMS OF EXECUTIVE CLEMENCY
EXECUTIVE CLEMENCY – It refers to the COMMUTATION OF SENTENCE,
ABSOLUTE PARDON, AND CONDITIONAL PARDON, with or without the parole
conditions, as may be granted by the President of the Philippines upon the
recommendation of the Board of Pardon and Parole. It may also refer to
commutation of sentence and reprieve.
—it is to pardon or commute the sentence of someone convicted in that jurisdiction.
Commutation: means changing the type of punishment given to the guilty into a less
harsh one, for example, a death penalty commuted to a life sentence.
WHO ARE NOT ELIGIBLE FOT EXECUTIVE CLEMENCY
Prisoners are not considered for commutation of sentence or conditional pardon if:
 aThe petitioner is available for Parole;
 b.The prisoner is sentenced to another prison term within (1) one year from the date of his
last re commitment of the jail or prison from where he escaped;
 c.The prisoner had violated an\y conditions of his discharge on Parole or Conditional
Pardon;
 d.The prisoner is suffering from mental illness or disorder as certified by a government
psychiatrist;
WHO ARE ELIGIBLE FOR EXECUTIVE CLEMENCY?
A petitioner is eligible for the grant of Executive Clemency if he meets the following
minimum conditions:
FOR COMMUTATION OF SENTENCE:
 a.The petitioner must have served at least one-third (1/3) of the minimum indeterminate
sentence or the following portions of his prison sentence constituting the Reclusion Perpetua;
 b.At least ten (10) years if convicted of robbery with Homicide. Robbery with Rape or
Kidnapping with Murder;
 c.At least eight (8) years if convicted of simple murder. Parricide, rape or violation of anti-
drug laws;
 d.At least twelve (12) years if given two (2) or more sentence for Reclusion Perpetua;
 e.At least twenty (20) years in case of (1) death sentence which was automatically
commuted to Reclusion Perpetua;
f.At least twenty-five (25) years in case of two (2) sentences of Reclusion Perpetua.
FOR CONDITIONAL PARDON
 a.The petitioner must at least served one-half (½) of the minimum of his indeterminate
sentence of the following portions of his prison sentence;
 b.At least two (2) years of the minimum sentence if convicted of murder or parricide but
not sentenced to Reclusion Perpetua;
 c.At least one (1) year of the minimum sentence if convicted of homicide;
 d.At least nine (9) months if convicted of frustrated homicide;
 e.At least six (6) months if convicted of frustrated homicide;
ELIGIBLE FOR ABSOLUTE PARDON
 a.Ten (10) years must have been elapsed from the date of release of the petitioner from
confinement; or
 b.Five (5) years from the date of expiration of his maximum sentence, whichever is more
beneficial to him;
EXCEPTIONS: However, the board may consider a petition for absolute pardon
even the lapse of the aforementioned periods in special cases such as:
 c.When the petitioner is seeking reinstatement in the government service;
 d.When the petitioner needs medical treatment which is not available locally;
 e.When petitioner will take a Government or Bar Examination;
 f.When Petitioner is emigrating;
PARDON
PURPOSES:
To do away with the miscarriage of justice
To keep punishment abreast with the current philosophy concept or practice of
criminal justice administration.
To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.
DIFFERENCES BETWEEN AMNESTY AND PARDON:
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. Pardon is exercised when the person is already convicted while amnesty
may be given before trial or investigation is made.
LIMITATIONS ON THE PARDONING POWER OF THE STATE:
Pardon cannot be extended to cases of impeachment.
No pardon, parole or suspension of sentence for the violation of any election law
may be granted without favorable recommendation of the commission on elections.
Pardon is exercised only after conviction.

KINDS OF PARDON:
Absolute Pardon – refers to the total extinction of the criminal liability of the individual
to whom it is granted without any condition whatsoever and restores to the individual
his civil rights and the penalty imposed for the particular offense of which he was
convicted.
Conditional Pardon – It refers to the exemption of an individual, within certain limit s
or conditions, from the punishment which the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability
WHO WILL INVESTIGATE THE CONDUCT AND ACTIVITIES OF PETITIONER
FOR ABSOLUTE PARDON?
Upon receipt of the petition for the grant of Absolute Pardon, the Board shall refer
the petition for absolute pardon to a Probation Officer and the same will investigate
the conduct, activities as well as the social and economic conditions of the petitioner
prior to his conviction and since release from prison.

COMMUTATION OF SENTENCE
COMMUTATION OF SENTENCE -It refers to the reduction of the duration of a prison sentence. PURPOSES OT COMMUTATION:

To break the rigidity of the law.

To extend parole in cases where the parole law do not apply.
To save the life of a person sentenced to death.

Requirements before commutation are granted:

 1. Prisoners must have served at least 1/3 of the definite or aggregate prison terms:
 2.Prisoner must serve at least of the minimum of the indeterminate prison term or
aggregate minimum of the indeterminate prison terms;
 3.At least 13 years for inmates whose indeterminate were adjusted to a prison term of 40
years under Article 70,RPC:
 4.At least 15 years for inmates convicted of heinous crimes under RA 7659 or other
special laws, committed on or before January 1, 1994 and sentenced to one reclusion perpetua
or one life imprisonment;
 5.At least 18 years for inmates convicted of reclusion perpetua or life under RA 6425 and
RA 9165:
 6.At least 18 years for those convicted of kidnapping for ransom, terrorism, plunder and
transnational crimes:
 7. 20 years for inmates sentenced to two or more reclusion perpetua or life imprisonment;
 8.25 years for death convicts but whose sentence were commuted to reclusion
perpetua/life imprisonment:
 9.At least ten (10) years for inmates sentenced to one (lD reclusion perpetua or one (1) life
imprisonment for crimes/offenses not punished under RA No. 7659 and other special laws
(Resolution No. 24-4-10, BPP)
REPUBLIC ACT No. 10389 RECOGNIZANCE AS A MODE OF GRANTING THE
RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A
CRIMINAL CASE
Recognizance mode of securing the release of any person in custody or detention
for the commission of an offense who is unable to post bail due to abject poverty.
Release on Recognizance as a Matter of Right Guaranteed by the Constitution. any
person in custody or detention for the commission of an offense is a matter of right
when the offense is not punishable by death, reclusion Perpetua, or life
imprisonment
Provided, That the accused or any person on behalf of the accused files the
application for such:
 (a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities and Municipal Circuit Trial Court;
 (b) b) Before conviction by the Regional Trial Court: Provided, further, That a person in
custody for a period equal to or more than the minimum of the principal penalty prescribed
for the offense charged, without application of the Indeterminate Sentence Law, or any
modifying circumstance.
DISQUALIFICATIONS FOR RELEASE ON RECOGNIZANCE
 1. The accused bad made untruthful statements in his/her sworn affidavit
 2.The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a
crime aggravated by the circumstance of reiteration:
 3.The accused had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid
justification;
 4.The accused had previously committed a crime while on probation, parole or under
conditional pardon:
 5.Indicate the probability of fight if released on recognizance;
 6. There is a great risk that the accused may commit another crime during the pendency of
the case: and
 7. Accused has a pending criminal case which has the same or higher penalty to the new
crime he/she is being accused of
QUALIFICATIONS OF THE CUSTODIAN OF THE PERSON RELEASED ON
RECOGNIZANCE
 1.A person of good repute and probity:
 2.A resident of the barangay where the applicant resides;
 3.Must not be a relative of the applicant within the fourth degree of consanguinity or
affinity; and
 4. Must belong to any of the following sectors and institutions: church, academe, social
welfare, health sector, cause-oriented groups, charitable organizations or organizations
engaged in the rehabilitation of offenders duly accredited by the local social welfare and
development officer
VIOLATION
A penalty of six (6) months to two (2) years imprisonment shall be imposed upon the
custodian who failed to deliver or produce the accused before the court, upon due
notice, without justifiable reason.
Role of the Probation Officer court shall issue an order directing the Probation Office
concerned to monitor and evaluate tho activities of such persoR.
NO RELEASE ON RECOGNIZANCE AFTER FINAL JUDGMENT OR
COMMENCEMENT OF SENTENCE; EXCEPTION
Not be allowed in favor of an accused after the judgment has become final
Provided, That this prohibition shall not apply to an accused who is entitled to the
benefits of the Probation Law if the application for probation is made before the
convict starts serving the sentence imposed, in which case, the court shall allow the
release on recognizance of the convict to the custody of a qualified member of the
barangay, city or municipality where the accused actually resides.