CA 2 Criminology module

CA 2
Module in
Non-Institutional Correction
Compiler
ROSEDAN C. BIONCIO ,RCRIM
_________________________________________
Name of Student
________________________________
Course and Year
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Course Facilitator
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ACKNOWLEDGEMENT
The instructor would like to extend his heartfelt thanks and gratitude to the
following individuals who had their unselfish support that lead to the completion of this
module
First and most importantly to God Almighty who is the Source of his courage,
wisdom, love, strength, knowledge, and spiritual guidance in the completion of this
module; and even for all the trials that gave her determination to continue.
To the School Administrators of Goldenstate College, Dr. Warren A. Manilay,

MNSA, Dr. Sara Jane T. Manilay, Dr. John Ralph T. Manilay, and Dr. Mary Rose S.
Manilay for the opportunity to accomplish this daunting task with your guidance,
ideas, valuable advices and encouragement.
To the Dean of College of Criminology, Dr. Willie M. Dangane Sr., PhD for all
the encouragement and ideas which contributed to the success of this module.
To his family for the support, encouragement and help they extend to him.
And to all those who had helped but unmentioned, thank you very much.
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Course Outline
Course Name CA 2 - Non-Institutional Correction
Course Credit 3 Units
Pre-requisite CA 1
Contact Hours / Week 3 Hours
WEEK TOPICS
➢ Community-based correction
➢ Introduction to community-based correct
➢ Community-based correction program
➢ Other community-based correction programs
➢ Status of bureau of correction
1-4 ➢ Effectiveness of community-based correctional programs
➢ Learning Exercises / Activities
➢ Temporary release of detained person
➢ Basic of temporary release of a detained person
➢ Different forms of bails
➢ Conditions of bails
➢ When is bail Discretionary
➢ Bail for children in conflict with the law (CICL)
5-8
➢ Distinction of bail bond from a recognizance

➢ Qualification and Requirements for release on recognizance
➢ Release of detainee through Hebeas Corpus
➢ What hebeas corpus Extends
9-13 ➢ Who may grant the writ of hebeas corpus
➢ Origin of probation
➢ Pioneers and founders of probation
➢ Three- fold purpose of the probation law
14-18 ➢ Objectives of the probation law
➢ The conditions of probation of the court
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ONLINE RULES AND REGULATIONS
1. Students must provide notebook and ballpen for note taking.
2. Students must mute his / her speaker as the discussion started.
3. Find a place / area / venue that is noise free but with strong signal for
internet connection.
4. Unnecessary exercises are not allowed while the online class are going
on.
5. Make sure that everybody is ready for the session.
6. Be on your well-mannered position, lying or sleeping position is not

permitted.
7. Eating during online class is not allowed.
8. If you have questions / queries regarding with the discussion, just press
the
Hands-Up emoticon to acknowledge your questions.
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NON-INSTITUTIONAL CORRECTION
(CA 2)
Course Description
A study of probation, parole, diversion, pre-trial release, and intermediate

sanctions. A critical analysis of the statutes and policies relating to the administration
of community-based correctional programs. Specifically, this course will highlight
critical issues and trends in community-based corrections as well as evaluate the
practice of community corrections nationwide.
Special emphasis will be placed on exploring the development of community

corrections, including probation, parole, 2 intermediate punishments, special
offenders in the community, and juvenile offenders in the community.
Learning Objectives
1. The student will obtain a basic understanding of community corrections

concepts
2. The student will understand the policy implications of community corrections
practice
3. The student will be able to put community corrections practice in a national
context
4. The student will learn how to think critically about community corrections
issues
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Week 1 - 4
Community-based Correction
Learning Objectives.
1. To get the main idea of a Non-Institutional Correction or Community-based
Program
2. To know the origin of the program
3. To understand the idea of Probation
4. To get the history and understand the system of Probation
Discussion.
Introduction to Community-Based Correct.
Overcrowded jells and prison facility are a major problem of our criminal justice
system. The government cannot afford to lock up all convicted persons despite the
public clamor for such action. Society has all the reasons to stay away from convicted
persons, but this may turn convicts toward the commission of crimes again. Many
convicted persons who have spent time in jails return to jails mostly with the same
kind of offense or some other type of anti-social activities. It is also we that putting all
convicted persons in jail or prison facility will definitely drain government funds and
resources.
Braithwaite (1900-1990), the philosophy of restorative justice which advocates
a change of behavior of convicts through holistic methods. It works on the principle of
reintegration. It is like helping offenders to enter the society in a way where they can
be accepted by the society. This system has its impact on the society as well as it
helps the society understand and accept the fact that offenders are also a part of the
society. (source www.EzineArticle.com)
Non-institutional corrections or community-based corrections are considered

the best alternative for imprisonment. It is a non-incarcerative system of correction. It
is defined as a method of rehabilitating convicted felons without a need of placing
them into jail or prison facilities. It likewise refers to any sanctions in which offenders
serve all or a portion of their entire sentence in the community. Community-based
correction is a program that deals with the rehabilitation of people who have been
convicted for the commission of offense and who have been placed on non-
institutional correction.
The idea behind non-institutional correction programs is that most offenders

can be effectively held accountable for their crimes while they fulfill legitimate living
standards in the community. Most offenders do. not pose an imminent danger to
themselves or to others and can therefore remain in the community to maintain
relationships. Punishing offenders living in the community confers several benefits, to
wit:
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1. The offender remains in the community where in he or she has
responsibilities. He can continue his legitimate sources of income to support himself
and his family, and he will pay taxes;
2. Offenders under non-institutional correction are more likely than prison-

bound inmates to compensate their victims through restitution or to pay back the
community through community service; and,
3. Non-institutional corrections programs do not expose offenders to the

subculture of violence existing in jails and prisons.
Community-Based Correction Programs
1. Probation is a disposition, under which a defendant, after conviction and

sentence, is released subject to the conditions imposed by the Court and to the
supervision of a probation officer.
2. Parole is a conditional release from prison of a convicted person upon

service of the minimum of his indeterminate penalty.
3. Pardon is a form of executive clemency which is exercised exclusively by

the Chief Executive. Pardon may be given conditionally (conditional pardon) or
unconditionally (absolute pardon). Under the Non-Institutional Correction is the
Conditional Pardon with parole conditions.
Other Community-Based Correction Programs
For others, parole and probation have always been a way of community
correction, but with technological advancement and considering the psychology of
convicted people, correction programs have widened to accommodate the following:
1. Work releases
2. Day fine programs
3. Electronic monitoring
4. Home confinement
5. Community service
6. Half way houses
7. Boot camp prisons
8. Restitution
9. Check-in programs
10. Meditation
11. Curfews
12. Restorative justice centers
13. Drug checks
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14. Alcohol checks
15. Other methods where there is a certain level of trust between the offenders and
the people involved
A. Government Entities Responsible for Community-Based Corrections

1. Parole and Probation Administration (PPA)
➢ Conducts investigations of all cases in relation to parole, probation, and
pardon
➢ Responsible for the supervision of all parolees, probationers, and conditional
pardonees
2. Board of Pardon and Parole (BPP)
➢ Empowered to grant parole
➢ Responsible for recommending the grant of pardon and executive clemency
to the president
3. Department of Social Welfare and Development (DSWD) - handlies cases of Child
in Conflict with the Law (CICL)
B. Expected Advantages of Community-Based Corrections

1. Unbroken Family Relationship - the treatment and rehabilitation of convicted
offender is done outside the institutional facilities, hence, family members will stay
together.
2. Avoidance of Influence Contamination - Putting a convicted felon in prison may
expose him to hardened criminals who might influence him to be a more hardened
criminal.
3. Community Involvement - rehabilitation can be more effective with the help of the
members of the community.
4. These programs provide individualized treatment programs for the offender which
is hard to attain in a correctional institution.
5. Less cost on the part of the Government.
C. Goals
1. Facilitating Offender Reintegration
2. Foresting Offender Rehabilitation
3. Providing an Alternative Range of Offender Punishments
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4. Heightening Offender Accountability
D. Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding
E. Community-Based Correction as an Alternative to Institution-Based

Correction
Status of Bureau of Correction

Community-based correction is a way to congest jail and prison facilities.
According to its former Director, as of September 2011, the Bureau of Correction has
a total of 36,063 inmates housed in its seven penal colonies: 33,935 male inmates
(94%) and 2,128 female inmates (6%). 3,3,354 are admissions (Jan-Sept 2011);
2,977 releases (Jan-Sept 2011); and 50,000+ on parole and probation.
The inmates’ population per colony as of September 2011 are as follows:
• New Bilibid Prison (19,513)
• Correctional Institute for Women (1,900)
• Sablayan Prison and Penal Farm (2,581)
• Leyte REgional Prison (1,655)
• Davao Penal Colony (5,477 male; 228 female)
• San Ramon Prison and Penal Farm (1,444)
• Iwahig Prison and Penal Farm (1,900)
There are 36,063 inmates at BuCor while 60,436 inmates at BJMP. There are
96,499 inmates nationwide with an equivalent of one inmate per 1,000 populations,
two inmates per 1,000 adult populations, and inmate per 200 households.
For the total of 3,354 admissions from January to September 2011, 27% of
admissions at BuCor are recidivists and 20% of recidivists are drug offenders.
(source: Dir. Gaudencio Pangilinan’s Report to the Criminal Justice Convention,
November 16-18, 2011)
F. Contemporary Issues and concerns on Community-based Correction
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1. Public resistance against non-institutional correction
2. Punishment against rehabilitation and reintegration
3. Offender needs safety as well as the public
4. Availability of Rehabilitation Services
5. Education and training for rehabilitation service provides
6. Coping with special needs of the offender
Effectiveness of Community-based correctional Programs

Community-based corrections as alternative to prison claim to be more
effective in reducing recidivism than traditional prisons, to be cheaper than prisons,
and to reduce overcrowding in prisons and jails. A study on a community-based
program in the US Midwest was conducted by Nancy Marion to determine if
community corrections alternatives achieve better results.
The finding from this case study show that the recidivism rates of community
corrections are lower than those of the prison inmates, in some cases and that the
costs are cheaper in some cases. The findings also show that community corrections
serve as a true alternative to prison in some instances and more often widens the net
and increases the state’s control over criminal offenders.
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WEEK1-4
Learning Exercises / Activities.
Identify what is referred to in the following:

_________________1. It is a conditional release from prison of a convicted person
upon service of the minimum of his indeterminate penalty.
_________________2. It is a method of rehabilitating convicted felons without a need
of placing them into jail or prison facilities.
_________________3. This is a form of executive clemency which is exercised
exclusively by the Chief Executive.
_________________4. These programs provide individualized treatment programs
for the offender which is hard to attain in a correctional institution.
_________________5. It is a disposition, under which a defendant, after conviction
and sentence, is released subject to the conditions imposed by the Court and to the
_________________6. The treatment and rehabilitation of convicted offender is done
outside the institutional facilities, hence, family members will stay together.
_________________7. Rehabilitation can be more effective with the help of the
members of the community.
_________________8. It handles cases of Child in Conflict with the Law.
_________________9. Responsible for recommending that grant of pardon and
executive clemency to the president.
_________________10. Conducts investigations of all parolees, probation, and
pardon.
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WEEK 5-8
TEMPORARY RELEASE OF DETAINED PERSON
When a person is arrested or otherwise deprived of his liberty for the alleged commission of
an offense, he may avail of the legal remedies provided and guaranteed by the Constitution,
Statutes, and the Rules of Court for his temporary release. These include the application for
bail or recognizance and habeas corpus. Where the accused is already convicted, or is
serving the penalty imposed by the trial court, there are however legal remedies also for the
convict to regain his liberty by virtue of, or grant of pardon, amnesty, parole, probation, etc.,
subject to limitations and conditions of the issuing authority.
Meaning of Detention/Custodial Center, Detainee, and Detention Prisoner
Detention as defined by the Philippine National Police is a restraint of personal liberty

or deprivation of freedom of action in any significant manner. (PNP Operational Procedure
2010, p. 85)
Detainee as defined by the Bureau of Jail Management and Penology (BJMP) refers
to a person who is accused before a court or competent authority and is temporarily confined
in jail while undergoing or awaiting investigation, trail, or final judgment. (81MP Manual
Revised 2007, p. 143)
Detention Prisoner refers to a person arrested due to the commission of a

crime/offense by the arresting unit for custodial investigation. It likewise includes a person
arrested for crimes, which are heinous in nature, against national security, and high-profile
crimes. (PNP Operational Procedure 2010, p. 85)
Basis of Temporary Release of a Detained Person
1. Under the 1987 Philippine Constitution:
The 1987 Philippine Constitution allows two (2) modes by which a person under
custody may be released temporarily from detention before conviction of the offense charged
— (1)bail, and (2) release on recognizance as may be provided by law, to wit:
"ART. 18, Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required." (Emphasis supplied)
2. Under the Rules of Court:
Rule 102 of the Rules of Court provides for Habeas Corpus, a speedy and effectual
remedy to relieve a person from unlawful restrain and will therefore issue when someone is
deprived of liberty. The Rules on Bail are intended to secure a faithful implementation of the
constitutional right to bail and is governed by Rule 114 of the 1985 Rules of Court as
amended. The Revised Rules on Criminal Procedure covering Rules 110-127 of the Rules of
Court was approved on October 3, 2000 to take effect on December 1, 2000 following its
Official Publication in the Official Gazette and two newspapers of general circulation not later
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than October 31, 2000. (A.M. No. 00-5-03-SC Re: Proposed Revised Rules of Criminal
Procedure [Rules 110-127, Rules of Court])
Definition, Concept, and Purpose of Bail
Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of corporate surety, property
bond, cash deposit, or recognizance. (Sec. 1, Rule 114 Rules of Court)
The purpose of requiring bail is to relieve an accused from imprisonment until his
conviction and yet secure his appearance at the trial. The right to bail is granted because in
all criminal prosecutions, the accused is presumed innocent as stated in Section 14(2) of the
Article Ill, Bill of Rights. (Almeda vs. Villaluz, 66 SCRA 38 [1975])
Different Forms of Bails
Bail Bond is an obligation given by the accused with one or more sureties, with the
condition to be void upon the performance by the accused of such acts as he may be legally
required to perform. (Villaseftor vs. Abana, 21 SCRA 312)
It may be given in the form of:
1. Corporate Surety — Any domestic or foreign corporation, licensed as a surety in

accordance with law and currently authorized to act as such, may provide bail by a bond
subscribed jointly by the accused and an officer of the corporation duly authorized by its
board of directors. (Section 10, Rule 114, Rules of Court)
Take note that the corporate surety is considered as the jailer or custodian of the
accused and his obligation is to produce the body of the accused whenever so required.
Failure to do so is a violation of the condition of the bond. Failing in this respect, forfeiture of
the bail bond is proper.
2. Property Bond — A property bond is an undertaking constituted as lien on the real

property given as security for the amount of the bail. Within ten (10) days after the approval of
the bond, the accused shall cause the annotation of the lien on the certificate of title on file
with the Registry of Deeds if the land is registered, or if unregistered, in the Registration Book
on the space provided therefor, in the Registry of Deeds for the province or city where the
land lies, and on the corresponding tax declaration in the office of the provincial, city and
municipal assessor concerned.
Within the same period, the accused shall submit to the court his compliance and his
failure to do so shall be sufficient cause for the cancellation of the property bond and his re-
arrest and detention. (Section 11, Rule 114, Rules of Court)
3. Cash Deposit — The accused or any person acting in his behalf may deposit in cash with
the nearest collector of internal revenue or provincial, city, or municipal treasurer, or the clerk
of court where the case is pending, the amount of bail fixed by the court, or recommended by
the prosecutor who investigated or filed the case. Upon submission of a proper certificate of
deposit and a written undertaking showing compliance with the requirements of Section 2 of
the Rule, the accused shall be discharged from custody. The money deposited shall be
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considered as bail and applied to the payment of fine and costs while the excess, if any, shall
be returned to the accused or to whoever made the deposit. (Section 14, Rule 114, Rules of
Court, as amended by A.M. No. 05-8-26-SC October 3, 2005)
4. Recognizance — Whenever allowed by law or the Rules, the court may release a person
in custody to his own recognizance or that of a responsible person. (Section 15, Rule 114,
Rules of Court)
Conditions of Bail
1. The undertaking shall be effective upon approval, and unless canceled, shall remain in
force at all stages of the case until promulgation of the judgment of the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to it;
2. The accused shall appear before the proper court whenever required by the court or these
Rules;
3. The failure of the accused to appear at the trial without justification and despite due notice
shall be deemed a waiver of his right to be present thereat. In such case, the trial may
proceed in absentia; and
4. The bondsman shall surrender the accused to the court for execution of the final judgment.
(Sec. 2, Rule 114, Revised Rules of Criminal Procedure)
When is Bail a Matter of Right?
All persons in custody of law shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognizance as prescribed by law or the Rules:
1. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities or Municipal Circuit Trial Court; and
2. Before conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua or life imprisonment. (Sec.4, Rule 114, Revised Rules of Criminal
Procedure)
When is Bail Discretionary?
Bail is a matter of discretion upon conviction by the Regional Trial Court (RTC) of an
offense not punishable by death, reclusion perpetua or life imprisonment. If the penalty
imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be
denied bail, or his bail shall be canceled upon a showing by the prosecution, with notice to
the accused, of the following or other similar circumstances:
1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or

violated the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
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4. That the circumstances of his case indicate the probability of flight if released on
bail; or
5. That there is undue risk that he may commit another crime during the pendency of
the appeal. (Sec. 5, Rule 114, Revised Rules of Criminal Procedure)
May bail be granted even if what is charged is a capital offense and the evidence of
guilt is strong? Explain. (1995 Bar Examination Question)
Although bail is not a matter of right when the accused is charged with a capital
offense and the evidence of guilt is strong, there are rulings of the Supreme Court that in
exceptional cases, the court has discretion to grant bail on such cases. (Suggested answer of
the U.P Law Center citing, Barinaga vs. Tamin, 226 SCRA 206)
Guidelines or Factors to be Considered in the Fixing of the Amount of Bail
1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penalty for the offense charged;
4. Character and reputation of the accused;
5. Age and health of the accused;
6. Weight of the evidence against the accused;
7. Probability of the accused appearing at the trial;
8. Forfeiture of other bail;
9. The fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases in which the accused is on bail. (Sec. 9, Rule 114, Revised
Rules of Criminal Procedure)
Where Bail may be filed?
1. Bail in the amount fixed may be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality.
If the accused is arrested in a province, city, or municipality other than where the case is
pending, bail may also be filed with any Regional Trial Court of said place, or if no judge
thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit
trial judge therein.
2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or on appeal.
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3. Any person in custody who is not yet charged in court may apply for bail with any court in
the province, city, or municipality where he is held. (Sec. 17, Rule 114, Revised Rules of
Criminal Procedure)
Duties of Trial Judge in the Conduct of Hearing if Bail Application is filed
The hearing of an application for bail should be summary or otherwise in the

discretion of the court. By "summary hearing" means such brief and speedy method of
receiving and considering the evidence of guilt as is practicable and consistent with the
purpose of the hearing which is merely to determine the weight of the evidence for purposes
of bail. The court's order granting or refusing bail must contain a summary of the evidence for
the prosecution followed by its conclusion whether or not the evidence of guilt is strong, for a
summary is necessarily a reasonable recital of any evidence presented by the prosecution.
Any order issued in the absence thereof is not a product of sound judicial discretion but of
whim and caprice and outright arbitrariness. Corollarily, an order containing an incomplete
summary would likewise be defective in form and substance, which cannot be sustained or
be given a semblance of validity.
In the light of the applicable rules on bail and the jurisprudential principles just
enunciated, the Supreme Court reiterated the duties of the trial judge in case an application
for bail is filed, as follows:
1. Notify the prosecutor of the hearing of the application for bail or require him to
submit his recommendation (Sec. 18, Rule 114 Rules of Court);
2. Conduct a hearing of the application for bail regardless of whether or not the
prosecution refuses to present evidence to show that the guilt of the accused is strong for the
purpose of enabling the court to exercise its sound discretion (Sections 7-8, Rule 114, Rules
of Court);
3. Decide whether the evidence of guilt of the accused is strong based on the
summary of evidence of the prosecution; and
4. If the guilt of the accused is not strong, discharge the accused upon approval of the
bail bond; otherwise, the petition should be denied.
Policies Concerning the Effectivity of the Bail of the Accused
Supreme Court Administrative Circular No. 2-92 dated January 20, 1992 entitled
"Cancellation of Bail Bond of Accused Convicted of Capital Offense in the Regional
Trial Court," lays down policies concerning the effectivity of the bail of the accused, as
guidelines for the bench and bar with respect to future as well as pending cases before the
trial courts, to wit:
1. When an accused is charged with the offense which under the law existing at the
time of its commission and at the time of the application for bail is punishable by a penalty
lower than reclusion perpetua and is not out on bail, and after trial is convicted by the trial
court of the offense charged or of a lesser offense than that charged in the complaint or
information, he may be allowed to remain free on his original bail pending the resolution of his
appeal, unless the proper court directs otherwise pursuant to Rule 114, Sec. 2(a) of the Rules
of Court, as amended;
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2. When an accused is charged with a capital offense or an offense which under the
law at the time of the commission and at the time of its commission and at the time of the
application for bail is punishable by reclusion perpetua and is out on bail, and after trial is
convicted by the trial court of a lesser offense than that charged in the complaint or
information, the same rule set forth in the preceding paragraph shall be applied;
3. When an accused is charged with a capital offense or an offense which under the
law at the time of its commission and at the time of the application for bail is punishable by
reclusion perpetua and is out for bail and after trial is convicted by the trial court of the
offense charged, his bond shall be cancelled and the accused shall be' placed in confinement
pending resolution of his appeal.
As to criminal case covered under the third rule above cited, which are now pending
appeal before the Supreme Court where accused is still on provisional liberty, the following
rules are laid down:
1. This Court shall order the bondsman to surrender the accused within ten (10) days
from notice to the court of origin. The bondsman thereupon, shall inform the Court of the fact
of surrender, after which, the cancellation of the bond shall be ordered by this Court;
2. The RTC shall order the transmittal of the accused to the National Bureau of Prison
(NBP) thru the Philippine National Police (PNP) as the accused shall remain under
confinement pending resolution of his appeal;
3. If the accused-appellant is not surrendered within the aforesaid period of ten (10)
days, his bond shall be forfeited and an order of arrest shall be issued by the Court. The
appeal taken by the accused shall also be dismissed under Section 8, Rule 124 of the
Revised Rules of Court as he shall deemed to have jumped bail.
Reasons why the Constitution Prohibits the Imposition of Excessive Bail
Excessive bail means a bail set at a higher amount than that reasonably calculated
to ensure the presence of the accused at the trial. It is prohibited for the following reasons:
1. To safeguard the liability of the individual;
2. Imposition of excessive bail amounts to nullification of the right to bail which is

offensive to the Constitution;
3. Right to bail would become meaningless. (Sunga vs. Salud, 109 SCRA 253)
Who may not invoke the Right to Bail?
1. It cannot be invoked where the applicant is not yet in custody of the law because he went
into hiding and is at large, and hence, a free man even when he has already been criminally
charged in court.
2. It is also not available to one charged with a capital offense or an offense punishable by
reclusion perpetua, life imprisonment, or death if the evidence of his guilt is strong.
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3. Under the Rules of Court, "no bail shall be allowed after the judgment has become final, or
after the accused has commenced to serve sentence."(Sec. 24, Rule 114, Revised Rules of
Criminal Procedure)
Bail for Children In Conflict With the Law (CICL)
Revised Rule on Children In Conflict with the Law (CICL), SUPREME COURT A.M. No.
02-1-18-SC, dated November 24, 2009provides the following:
"Section 27. Bail as a Matter of right. — All children in conflict with the law shall be
admitted to bail as a matter of right before final conviction of an offense not punishable by
reclusion perpetua or life imprisonment."
"Section 28.When Bail Not a Matter of Right. — No child charged with an offense
punishable by reclusion perpetua or life imprisonment shall be admitted to bail when
evidence of guilt is strong. In this case, the court shall commit the child to a youth detention
home or youth rehabilitation center, or in the absence thereof, to the care of a provincial, city
or municipal jail as provided for in Section 27 of this Rule, which shall be responsible for the
appearance of the child in court whenever required."
Bail to Secure Appearance of Material Witness
Under the Revised Rules of Criminal Procedure, when a material witness will not
testify when required, the trial court upon motion of either party order the witness to post bail
in such sum as may be deemed proper. Sec. 14 of Rule 119 of the Rules of Court provides:
"Section 14.Bail to secure appearance of material witness. — When the court is

satisfied, upon proof or oath that a material witness will not testify when required, it may,
upon motion of either party, order the witness to post bail in such sum as may be deemed
proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is
legally discharged after his testimony has been taken." (Emphasis supplied)
Application of Bail in Extradition Proceeding
Extradition is the removal of an accused from the Philippines with the object of
placing him at the disposal of foreign authorities to enable the requesting state or government
to hold him in connection with any criminal investigation directed against him or the execution
of a penalty imposed on him under the penal or criminal law of the requesting state or
government. The general rule is a fugitive who is extradited may be tried only for the crime
specified in the request for extradition and such crime is included in the list of extraditable
offenses in the treaty which is known as the principle of specialty.
In a bail proceeding for non-bailable crimes, an accused has the right to present
evidence to contradict evidence of the prosecution. If after his arrest and if the trial court finds
that an extraditee is not a flight risk, the court may grant him bail. The court emphasized that
bail may be granted to a possible extraditee only upon a clear and convincing showing:
1. That he will not be a flight risk or a danger to the community; and
2. That there exist special, humanitarian and compelling circumstances. (Rodriguez vs.
Judge, G.R. No. 157977, February 27, 2006)
18
The Grant of Bail in Extradition Proceeding follows some Trends in International Law,
to wit:
1. The growing importance of the individual person in public international law who, in the
20`h century, has gradually attained global recognition;
2. The higher value now being given to human rights in the international sphere;
3. The corresponding duty of countries to observe these universal human rights in

fulfilling their treaty obligations; and
4. The duty of the court to balance the rights of the individual under our fundamental law,
on one hand, and the law on extradition, on the other.
Application of Bail in the Hearing of the Violation of Probation
The Rules on Probation Methods and Procedures provides the following provision:
"Sec. 39. Hearing of the Violation of Probation. — Once arrested and

detained, the probationer shall immediately be brought before the court for hearing of
the violation charged. The hearing may be informal and summary. The petitioner
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." (Emphasis supplied)
Remedy of the Accused when Bail is denied
Rule 115, Section 17 of the Revised Rules of Criminal Procedure provides that
bail is generally filed in the court where the case is pending. Where bail is denied by the
trial court, the remedy is a special civil action (petition for certiorari) in the Court of
Appeals and not directly to the Supreme Court, observing the rule on hierarchy of courts.
Indeed, while the Supreme Court has concurrent jurisdiction with the Court of Appeals to
issue the writ of certiorari, such concurrence does not give petitioner unrestricted freedom
of choice of a forum on the matter of denial of bail. The period to file a special civil action of
certiorari is now sixty (60) days. (Sec. 4, Rule 65, 1997 Rules of Civil Procedure)
The Authority of the Sureties or Court to Re-arrest Principal
Section 23, Rule 114 of the Revised Rules of Criminal Procedure authorizes the
sureties and the court to re-arrest the principal in order to deliver him up at any time before
the trial court. The provision of the rule provides:
"Section 23. Arrest of accused out on bail. — For the purpose of surrendering the
accused, the bondsmen may arrest him or, upon written authority endorsed on a
certified copy of the undertaking, cause him to be arrested by a police officer or any
other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a

warrant if he attempts to depart from the Philippines without permission of the court
where the case A pending." (Emphasis supplied)
19
WEEK 5-8
LEARNING EXERCISES
Direction; Write TRUE if the statement is correct and FALSE if the statement is
incorrect and rewrite it to make it correct.
_________________1. Non-Institutional corrections or community-based corrections

are the best alternative for imprisonment.
__________________________________________
__________________________________________
__________________________________________
_________________2. The most popularly and widely used non-institutional

correction program is probation.
__________________________________________
__________________________________________
__________________________________________
_________________3. Public resistance against rehabilitation program within the

community is one of the issues that affects the implementation of community-based
correction.
__________________________________________
__________________________________________
__________________________________________
_________________4. Community-based correction programs provide individualized

treatment programs for the offender which is hard to attain in a correctional institution.
__________________________________________
__________________________________________
__________________________________________
________________5. Overcrowded jails and prison facility is a major problem of our

judicial system.
__________________________________________
__________________________________________
20
WEEK 9-13
Distinction of Bail Bond from a Recognizance
A bail bond is an obligation under seal given by the accused with one or more
sureties, and made payable to the proper officer with the condition to be void upon
performance by the accused of such acts as he may legally be required to perform.
A recognizance is an obligation of record, entered into before some court or

magistrate duly authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial. A
recognizance does not require the signature of the accused for its validity.
Recognizance as a Mode for Obtaining Release from Detention
Recognizance is an older method of suspending or deferring judgment for good

behavior. This was based on an ancient practice developed in England in the 14. 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 committed a crime that he would keep the peace and be of good behavior.
Recognizance refers to an undertaking in lieu of a bond assumed by a parent or

custodian who shall be responsible for the appearance in court of the child in conflict with the
law, when required. (Sec. 4(p), R.A. No. 9344)
Recognizance is an obligation of record, entered into before some court or

magistrate duly authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial. (Moreno, Phil.
Low Dictionary, 3'a ed., p. 797)
Present Nature of Recognizance in the Philippines
Under the present state of the law, release on recognizance is guaranteed under the
1987 Philippine Constitution and implemented only in a very limited scope under the Revised
Rules of Criminal Procedure, and the application thereof is based on the discretion of the
court, to wit:
"Section 15. Recognizance. — Whenever allowed by law or these Rules, the court may
release a person in custody on his own recognizance or that of a responsible person."
"Section 13, Article III, 1987 Constitution: All persons except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction be
bailable by sufficient sureties, or be released on recognizance as may be provided by law."
While the Supreme Court has the sole power to promulgate the rules of procedure
under Article VIII, Section 5 (5) of the 1987 Philippine Constitution, it cannot promulgate
the rules for the full implementation of release on recognizance because of the necessity for
an enabling law as stated in the above-quoted Article III, Section 13 and Rule 114, Section
15 of the Revised Rules of Criminal Procedure.
The details on how recognizance can be obtained or when it is applicable are left to
legislation. Hence, it made clear the role of Congress in the enactment of such an enabling
21
law intended for the full implementation of release on recognizance as an instrument for
temporary release.
Qualifications and Requirements for Release on Recognizance
1. That the applicant is a Filipino citizen;
2. That he is a resident of the Philippines for at least six (6) months prior to the filing of the
application;
3. That the offense for which he is in custody and seeks to be released on recognizance is
not punishable by death, reclusion perpetua, or life imprisonment;
4. That he has no sufficient means to post corporate surety, property bond, or cash deposit
as bail bond; and
5. That more than five (5) years have elapsed since his last conviction or release from
imprisonment after conviction for an offense, if any, and he has shown good behavior during
the said period.
Disqualifications for Release on Recognizance
1. That he is a danger to the community;
2. That the circumstances of his case indicate the probability of flight if released on
recognizance;
3. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has been previously

convicted of a crime aggravated by the circumstance of reiteration;
4. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his previous bail or release on recognizance, if any, without valid justification;
5. That he has previously committed a crime while under probation, parole, or conditional
pardon; or
6. That there is undue risk that he may commit another crime if released on recognizance.
Laws Allowing Detained Persons to be Released on Recognizance (ROR)
1. Presidential Decree 968, as amended (Probation Law) Allows Release on

Recognizance under Section 7 paragraph 2 which provides that:
"Section 7.Period for Submission of Investigation Report. xxx.
"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 a filing
one,the court may allow the release of the defendant on recognizance to the custody
of a responsible member of the community who shall guarantee his appearance
whenever required by the court." (Emphasis supplied)
2. Under the Child and Youth Welfare Code P.D. No. 603:
22
P. D. No 603, as amended, otherwise known as the Child and Youth Welfare
Code which provides for the care of Youthful Offender held for physical or mental
examination or trial or pending appeal, if the Youthful Offender is unable to furnish bail, the
youthful offender shall from the time of his arrest be committed to the care of the DSWD or
the Local rehabilitation center or a detention home in the province or city which shall be
responsible for his appearance in court whenever required, or the court may, in its discretion,
upon recommendation of the DSWD or other agencies authorized by the court, release a
youthful offender on recognizance, to the custody of his parents or other suitable person who
shall be responsible for his appearance whenever required. (Art. 191, PD. No. 603[Emphasis
supplied])
R.A. No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006 provides
the following provisions:
"SEC. 34. Bail. — For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
"SEC. 35. Release on Recognizance. — Where a child is detained, the court shall
order:
1. The release of the minor on recognizance to his/her parents and other suitable
person;
2. The release of the child in conflict with the law on bail; or
3. The transfer of the minor to a youth detention home/youth rehabilitation center. xxx"
Under the Revised Rule On Children In Conflict with the Law (CICL), SUPREME
COURT A.M. No. 02-1-18-SC, November 24, 2009 —
"Section 25. Release of Children on Recognizance to the Parents, Guardian,

Custodian or Nearest Relative. — The release of a child from a custody during the
pendency of the case involving a non-serious offense as defined in Sec. 4 (u) of this, rule
may be ordered by the court only after a hearing for that purpose,and upon favorable
recommendation of the social worker assigned to the child, the conformity of the public
prosecutor and the private complainant. The child shall be released to the custody of a
willing and responsible mother or father, or appropriate guardian or custodian or in
their absence, the nearest relative, who shall be responsible for the child's good
behavior and appearance in court whenever required.
No child shall be ordered detained in jail pending trial or hearing of the child's case,
subject to the provisions of this Rule.
Release of Detainee through Habeas Corpus
Writ of Habeas Corpus Defined
23
Writ of habeas corpus is a writ which has been esteemed the best and only
sufficient defense of personal freedom having for its object the speedy release by judicial
decree of persons who are illegally restrained.of their liberty, or illegally detained from the
control of those who are entitled to their custody. (Albano, Albano Jr, Albano, Remedial Law
Reviewer, 2007 ed., p 964, citing Ballentine's Law dictionary, 2nd ed., p. 569)
The writ of habeas corpus is the means by which judicial inquiry is made into the
alleged encroachments upon the political and natural rights of individuals, such as restraint of
liberty. It is a writ of defense of personal freedom, having for its object the speedy release, by
judicial decree, of persons who are illegally restrained of their liberty, or who are entitled to
the custody of them. It is directed to the person in whose custody the person is detained.
(Phil. Law Dictionary by Moreno, 3rd ed. p. 424)
The writ of habeas corpus also has a very limited availability as a post-conviction
remedy where, as a consequence of judicial proceeding: (a) there has been a deprivation of a
constitutional right resulting in the restraint of a person; (b) the court had no jurisdiction to
impose the sentence; or (c) an excessive penalty has been imposed, as such sentence is
void as to such excess. (Agranzamendez, Q&A in Remedial Law, 2008 ed., p. 514, citing
Feria vs. CA, 382 Phil. 412 [2000])
Nature and Purpose of the Petition for Habeas Corpus
Petition for habeas corpus is like a proceeding in rem because it is an inquisition by

the government, at the suggestion and instance of an individual, most probably, but still in the
name and capacity of the sovereign. It is also instituted for the purpose of fixing the status of
a person and that there can be no judgment entered against anybody since there is no real
plaintiff and defendant. (Alimpoos vs. CA, 106 SCRA 159)
The essential object and purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from voluntary, and to relieve a person
therefrom if such restraint is illegal (Moncupa vs. Enrile, 141SCRA 233); and any further
rights of the parties are left untouched by decision on the writ, whose principal purpose is to
set the individual at liberty. (Villavicencio vs. Lukban, 39 Phil 778)
The essential object or purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint and to relieve a person from it if such restraint is illegal.
(Agranzamendez, p. 514, citing Aquino vs. Esperon, G.R. No. 174994, Aug. 31, 2007)
24
To what Habeas Corpus Extends
Section 1, Rule 102 of the Rules of Court provides the following provisions:
"Section 1. To what habeas corpus extends. — Except as otherwise

expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is deprived of his liberty, or by which
the rightful custody of any person is withheld from the person entitled thereto."
(Emphasis supplied)
Who may Grant the Writ of Habeas Corpus?
The writ of habeas corpus may be granted by the Supreme Court, or any member
thereof, on any day and at any time, or by the Court of Appeals or any member thereof in
the instances authorized by law, and if so granted it shall be enforceable anywhere in the
Philippines, and may be made returnable before the court or any member thereof, or before a
Court of First Instance (RTC), or any judge thereof for hearing and decision on the merits. It
may also be granted by a Court of First Instance (Regional Trial Court), or a judge thereof, on
any day and at any time, and returnable before himself, enforceable only within his judicial
district. (Sec. 2, Rule 102, Rules of Court)
What are the instances when the writ of habeas corpus shall not be allowed?
The writ of habeas corpus shall not be allowed if it appears that the person alleged to
be restrained of his liberty is in the custody of an officer under process issued by a court or
judge or by virtue of a judgment or order of a court of record, and that the court or judge had
jurisdiction to issue the process, render the judgment, or make the order. (See Sec. 4, Rule
102, Rules of Court)
The writ of habeas corpus, as a general rule, will not issue where the person alleged
to be restrained of his liberty is in the custody of an officer under a process issued by the
court which has jurisdiction to do so. (Aquino vs. Esperon, ibid)
If the writ is granted because it ought to issue, to whom shall it be directed, and what
shall it require?
In case of imprisonment or restraint by an officer (BUCOR/BJMP/PNP/AFP), the writ

shall be directed to him, and shall command him to have the body of the person restrained of
his liberty before the court or judge designated in the writ at the time and place therein
specified.
In case of imprisonment or restraint by a person not an officer, the writ shall be

directed to an officer and shall command him to take and have the body of the person
restrained of his liberty before the court or judge designated in the writ at the time and place
therein specified, and to summon the person by whom he is restrained then and there to
appear before said court or judge to show cause of the imprisonment or restraint. (Sec. 6,
Rule 102, Rules of Court)
25
What may the court or judge do if the person subject of the petition is unlawfully
imprisoned?
The court or judge shall forthwith order his discharge from confinement, but such
discharge shall not be effective until a copy of the order has been served on the officer the or
person detaining him. If the officer or person detaining him does not desire to appeal,
prisoner shall be forthwith released. (Sec. 15, Rule 102, Rules of Court)
Distinguish Writ of Amparo, Writ of Habeas Corpus and Writ of Habeas Data
Writ of Amparo is a remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act or all omission of a public
official or employee, or of a private individual or entity. The writ sh cover extrajudicial killings
and enforced disappearance. (A.M. No. 07-9-12-SC, The Rule on Writ of Amporo dated
September 24, 2007)
Writ of Habeas Corpus is a writ directed to a person detaining another commanding

him to produce the body of the prisoner at a designated time and place, and to show
sufficient cause of his caption and detention, to do, to submit, and receive whatever the court
or judge awarding the writ shall consider in that behalf. A writ of habeas corpus extends to all
cases of illegal confinement or detention by which a person is deprived of his liberty, or by
which the rightful custody of any person is withheld from the person entitled to it. Its essential
object or purpose is to inquire into all manner of involuntary restraint and to relieve a person
from such restraint is illegal.
Writ of Habeas Data is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting or
storing of data or information regarding the person, family, home and correspondence of the
aggrieved party (A.M. No. 08-1-16-SC, The Rule on the Writ of Habeas Data, January 22,
2008).
Habeas Data is a writ that enables a person to find out what information is collated
about him, by the police or the military and other law enforcement agencies, and the use and
purpose of such information. The writ of habeas data is a remedy, the purpose of which is to
enjoin the act alleged to be in violation of a person's right to privacy, or to compel the '
deletion, destruction, or rectification of erroneous data or information.
26
RATING GUIDE
(This Rating Guide will be utilized in scoring individual output and performance. Take time to
read and understand the content of the rating guide.)
NEEDS
CRITERIA EXCELLENT SATISFACTORY
IMPROVEMENT
CONTEXT / IDEAS
The ideas are full, There are ideas but There is no idea and
Include verifiable
detailed and well not detailed and collaboration at all.
ideas and
elaborated. slightly elaborated.
elaboration of
(10 Points) ( 8 Points) (6 Points)
answers.
ORGANIZATION
The ideas are well The ideas are slightly The ideas have not
Include
organized and organized and has organized and
chronological
presented. good presentation. presented.
presentation of
(5 Points) ( 4 points) (2 Points)
ideas.
GRAMMAR AND There are no There are slight There are lots of
PUNCTUATION grammar errors, an grammar errors, has grammar errors and
Include correctness excellent choice of good choice of words poor choice of words.
of grammar, choice words and and some misuse of Punctuation marks
of words and use of punctuation marks are punctuation marks. are inappropriately
appropriate appropriately used. used.
punctuation marks. (5 Points) (3 points) (2 Points)
TOTAL SCORE
Rated by: _______________________________ Date Rated: ___________ Score: _______
27
WEEK 9-13
LEARNING ACTIVITIES
1. Discuss directly and briefly the advantages of community-based corrections and
compare it with institution-based correction.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
2. Read the Eliseo Alimpoos vs CA of July 30, 1981 and Discuss how and why the
judge come up with the judgement given to this case.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
3. If you have given the chance to repeal the Bail Law, what are your factors for
removing it and why? Give at least one example to stand as your supporting facts.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
28
WEEK 14-18
ORIGIN OF PROBATION
➢ Harsh punishments were imposed on adults and children alike for offenses
that were not always of a serious nature during the Middle Ages. Sentences
such as branding, flogging, mutilation, and execution were common. During
the time of King Henry VIII, for instance, no less than 200 crimes were
punishable by death, many of which were minor offenses
➢ The harshness eventually led to discontent in certain progressive segments
of English society that were concerned with the evolution of the justice
system. Slowly but resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain
from applying statuses or opt for a lenient interpretation of them; stolen
property could be devalued by the court so that offenders could be charged
with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered a degree of protection from the enactment
of harsh sentences.
➢ Eventually, the courts began the practice of “biding over for good behavior”, a
form of temporary release during which offenders could take measures to
secure pardons or lesser sentences. Controversially, certain courts began
suspending sentences.
➢ In the United States, particularly in Massachusetts, different practices were

being developed. “Security for good behavior”, also known as “good
aberrance”, was much like modern bail: the accused paid a fee as collateral
for good behavior. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were “laid on file”or
held in abeyance. To mitigate unreasonable mandatory penalties, judges
often granted a motion to quash based upon minor technicalities or errors in
the proceedings, although these American practices were precursors to
probation, it is the early use of recognizance and suspended sentence that
are directly related to modern probation.
29
Pioneers and Founders of Probation
Two Main Persons Closely Associated with Founding of Probation

1. Matthew Davenport Hill, an 18th - century English barrister and judge
2. John Augustus, a 19th - century Boston boot-maker
Matthew Davenport Hill (1792-1872)

Father of Probation in England
➢ English lawyer and penologist

➢ Born on August 6, 1792 in Birmingham
➢ As a young professional in England, Hill had witnessed the sentencing of youthful
to one-day terms, on the condition that they will be 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 guardian who willingly took charge of them.
➢ Hill had police officers pay periodic visits to these guardians in an effort to track
the offenders’ progress and keep a running account.
John Augustus (1785-1859)

➢ Father of Probation
➢ Augustus was born in Woburn, Massachusetts in 1785.
➢ Recognized as the first true probation officer
➢ By 1829, he was a permanent resident of Boston and the owner of a successful
boot-making business.
➢ It was undoubtedly his membership in the Washington Total Abstinence Society
that led him to the Boston courts. Washingtonians abstained from alcohol
themselves and were convinced that abusers of alcohol could be rehabilitated
through understanding, kindness, and sustained moral suasion rather than
through conviction and jail sentences.
➢ In 1841, John Augustus attended police court to bail out a “common drunkard”the
first probation. The offender was ordered to appear in accompanied by Augustus.
To the astonishment of all in attendance, his appearance and demeanour had
dramatically changed.
30
➢ Augustus thus began an 18-year career as a volunteer probation officer. Not all of
the offenders helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating
whether or not a candidate would likely prove to be a successful subject for
probation. The offender’s character, age, and the people, places, and things that
influence him or her were all considered.
➢ Augustus was subsequently credited with founding the investigation process, one
of three main concepts of modern probation, the other two are intake and
supervision. Augustus, who kept detailed notes on his activities, was also the first
to apply the term “probation” to his method of treating offenders.
➢ By 1858, john Augustus had provided bail for 1,946 men and women. Reportedly,
only ten of this number forfeited their bond, a remarkable accomplishment when
measured against any standard. His reformer’s zeal and dogged persistence won
him the opposition of certain segments of Boston society as well as the devotion
and aid of many Boston philanthropists and organizations.
➢ The first probation statute, enacted in Massachusetts after this death in 1859 was
widely attributed to his efforts.
Following the passage of that first statute, probation spread gradually throughout
the United States. The juvenile court movement contributed greatly to the
development of probation as a legally recognized method of dealing with offenders.
The first juvenile court was established in Chicago in 1899. formalization of the intake
process is credited to the founders of the Illinois juvenile court procedure. Today, all
US states offer both juvenile and adult probation.
Other Important Persons and Events in the History of Probation
Governor Alexander H. Rice (1818-1895)

30th Governor of Massachusetts
Gov. Alexander H. Rice signed the first probation law that was passed by the
legislature of Massachusetts on April 26, 1878. the law provided for the appointment
and prescribed the duties of a salaried probation officer for the courts of Suffolk
Country.
Note: The first practical demonstration of probation, the first use of term as a court
service and the enactment of the first probation law occurred in Massachusetts.
◼ Edward H. Savage - an ex-chief of Police Boston named as the first

probation officer
31
◼ Gardner Tufts (1880) - the Director of Massachusetts Board of State
Charities and Corrections. He reported in an address that the result of
probation in cases of juvenile offenders proved so decisively goo d that the
legislature authorized the City of Boston to appoint a probation officer for
enacted permitting the appointment of a probation officer for adult offenders
in every city and town in the state.
◼ Vermont Act of 1898 - the second probation law in the history was enacted
in Vermont. Many features of the Massachusetts law were incorporated with
several innovations. Vermont was the first to adopt the country plan. Each
country court was required to appoint a probation officer whose duty it was to
make investigation of accused persons at the request of any court. They are
authorized to recommend that such persons, if convicted, be placed on
probation.
◼ In 1899, Rhode Island - the third state that passed probation law. A
completely state-administered system appeared first in Rhode Island. The Act
of 1899 empowered the Board of State Charities and Corrections to appoint a
state probation officer and additional probation officers, “at least one of whom
be a woman”, to serve all courts in the state. The courts were authorized, at
any time before sentence, to provisionally place any offender, juvenile or
adult, who can lawfully be admitted to bail, except persons charged with
treason, murder, robbery, rape, arson, or burglary, under the control and
◼ New Jersey - the fourth state to pass a general probation law after the New
England model
◼ New York - the fifth state to provide for adult probation
◼ In 1900 - soon after his appointment as secretary of the Prison Association of
New York, Sammuel June Barrows began to campaign for a probation law.
His interest stemmed from his work in Boston where he had seen the effect of
probation law. A Unitarian minister and editor of the Christian Register, he
became, in 1889, one of the founders of the Massachusetts Prison
Association, which took an active part in extending probation in that state. A
practical humanitarian, he thought it a great pity to send so many persons
found guilty of crime to prison.
◼ Calvin Coolidge (1872-1933) was the 30th U.S. President. He signed the
Federal Probation Act which took effect on March 4, 1925
John Marshall (1801-1835) was the United States Chief Justice who used his
discretion in modifying the prescribed penalties. He gradually developed more
humane methods of dealing with violators of
32
A. Philippine Probation Law
(PD., as amended, July 24, 1976)
On July 24, 1976) On July 24, 1976, Presidential Decree No. 968 was promulgated.
This law applies to adult offenders and first time minor drug offenders under section
70 of RA 9165 otherwise known as the comprehensive dangerous drugs act ;of
2002, and child in conflict with the law (CICL), under Section 42 of RA 9344 or the
Juvenile Justice and Welfare Act OF 2006.
Nature and Concept of Probation Probation
is a disposition under which a defendant, after conviction and sentence released

subject to conditions imposed by the court and to the supervision of a probation
officer (Section 3[aJ, P.D. No. 968, as amended). It is actually a suspension of
sentence during the period the defendant is placed on probation upon application to
the court by the defendant. (Section 4, P.D. No. 968, as amended)
Probation is a mere privilege and its grant rests solely upon the discretion of the
court. Probation is not a right of the accused, but rather an act of grace and clemency
or immunity conferred by the State which may be granted by the court to a seemingly
deserving defendant who thereby escapes the extreme rigors of the penalty imposed
by law for the offense of which he stands convicted. Probation affects only the
criminal aspects of the case but it is not a penal statute. (Francisco vs. Court of
Appeals, 243 SCRA 595)
Three-fold Purpose of the Probation law
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 of he was to serve a prison sentence;
3. prevent the commission of offenses
Objectives of the Probation Law
1. To promote the correction and rehabilitation of an offender by providing him with

individualized treatment;
1. To Provide an opportunity for the reformation of a penitent offender which might be

less probable if he were to serve a prison sentence;
3. To prevent the commission of offenses;
33
4. To decongest our jails or prisons; and
5 To save the government much needed finance for maintaining convicts in jail.
Advantages of Probation
1. Prevents crimes by offering freeborn and aimed only to those offenders who are
not likely to assault society again.
2. Protects society by placing under close supervision non-dangerous offenders while

undergoing treatment and rehabilitation in the community.
3. Conforms to modern humanistic trends in penology.
4. Prevents youthful or first time offenders from turning into hardened criminal
5. Is a measure of cutting enormous expense in maintaining jail.
6. Reduces recidivism and overcrowding jails and prisons.
7. Reduces the burden on the police force and institutions of feeding and guarding
detainees.
8. Gives the first and light offenders a second change in life and provides for the
reformation of penitent offenders.
9. Makes the offenders productive or taxpayers instead of tax eaters.
10. Restores to successful probationers their civil rights lost in view of the offense.
The Conditions of Probation of the court.
The grant of probation is merely a privilege and pits grant rests upon the discretion
of the court. Conditions should be interpreted with flexibility in their application and
each to the supervision of a probation officer. case should be judged on its own
merits on merits on the basis of the problems, needs and capacity of probationer
(Baclayan vs mutia 129 SCRA.148). The defendant after conviction and sentence is
released subject to the mandatory and discretionary conditions imposed by the court
and to the supervision of a probation officer.
Court's Latitude in Imposing Conditions
As rule, the conditions listed under Section 10 of the Probation Law are not
exclusive. Courts are allowed practically any term it chooses, the only limitation being
that it does not jeopardize the constitutional rights of the accused. Courts may impose
34
conditions with the end that these conditions would help the probationer develop into
a law-abiding individual. (Baclayan vs. Mutia 129 scra 148).
The trial court is given the discretion to impose conditions in the order granting
the probation "as it may deem best." It is necessary that the conditions which
provides for a program of payment of his civil liability will address the offender's
needs and capacities. Such need may be ascertained from the findings and
recommendations in the post sentence investigation report submitted by the
probation officer after investigation of the financial capacity of the offender and that
such condition is to the end that the interest of the State and the reformation of the
offender or probationer is best served. (Salgado vs. Court of Appeals, G.R. No.
89606, August 30,1990,189 SCRA 304)
The Mandatory Conditions of Probation
1. The probationer should present himself to the probation officer designated to

undertake his supervision at such place as may be specified in the order within
seventy-two (72) hours from receipt of said order (Sec. 10[a], P.D. 968, as
amended);
2. Report to the probation officer at least once a month at such time and place as
specified by said officer (Sec. 10)b), P.D. 968, as amended).
The Discretionary or Special Conditions of Probation (Sec. 10, 2. par. [a-k], P.D. 968,
as amended)
The court may also require the petitioner to:
1. Cooperate with a program of supervision;
2. Meet his family responsibilities;
3. Devote himself to a specific employment and not to change said employment

without the prior written approval of the probation officer;
4. Undergo medical, psychological or psychiatric examination and treatment and

enter and remain in specified institution, when required for that purpose;
The Revocation of Probation Procedure
The probation is revocable before the final discharge of the probationer by the 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 7, detained, shall immediately be brought before the court for a
hearing, which may be inform.' and summary, of the violation charged. The defendant
may be admitted to bail pending ; hearing. In such a case, the provisions regarding
release on bail of persons charged my, crime shall be applicable to probationers
arrested under these provisions. (Sec. 15, 1st par P.D. 968, as amended) If the
35
violation is established, the court may revoke or continue his probation and modify
the conditions thereof.
In the hearing, which shall be summary in nature, the probationer shall have the rig,
to be informed of the violation charged and to adduce evidence in his favor. The
court shall not be bound by the technical rules of evidence but may inform
itself of all the facts which are material and relevant to ascertain the veracity of
the charged. The State shall be represented by a prosecuting officer in any
contested hearing. If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof. If revoked, the con
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. (Sec. 15, 2nd par., P.D. 968, as amended)
Application of Probation to Children in Conflict with the Law
Under R.A. No. 9344 known as the "Juvenile Justice Welfare Act of 2006," a Child
in Conflict with the Law (CICL) shall be entitled to probation under the Probation
Law of 19 76 lieu of service of his sentence. Section 42 of the law provides:
SEC. 42. Probation as an Alternative to Imprisonment. — The court may, after a

shall have convicted and sentenced a child in conflict with the law, and upon
application at any time,place the child on probationin lieu of service of his/ her
sentence taking into account the best interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of
1976", is hereby amended accordingly." (Emphasis supplied)
Other Cases and Rulings on Probation
1. Probation is not a right of the accused, but rather an act of grace and clemency or
immunity conferred by the State which may be granted by the court to a seemingly
deserving defendant who thereby escapes the extreme rigors of the penalty imposed
by law for the offense of which he stands convicted. (Francisco vs. CA, G.R. No.
108747, April 6, 1995)
2. Probation is the suspension of the imposition 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.
(Baclayan vs. Mutia, G.R. No. L-59298, April 30, 1984; 129 SCRA 154)
3. The probation law is not a penal statute; the principle of liberal interpretation does,
apply. (Pablo vs. Judge Castillo, G.R. No. 125108, August 3, 2000)
36
4. Section 70 of R.A. No. 9165, Comprehensive Dangerous Drugs Act of 2002
provides that, a first-time minor offender may be released on probation in lieu of
imprisonment even, the sentence is higher than that provided under the law on
probation. However, a person convicted for drug trafficking or pushing, regardless
of the penalty irnposed cannot avail of the privilege granted by the probation. The
intention of the legislators in 5001024 of R.A No. 9165 (Comprehensive Dangerous
Drug Act of 2002) is to provide stiffer and harsher punishment for those persons
convicted of drug trafficking or pushing while extending a sympathetic and
magnanimous hand in Section 70 to drug dependents who are found guilty of
violation Section 11 (possession) and 15 (use) of the Act. The law considers the
users and possessors of illegal drugs as victims while the drug traffickers and
pushers as predators. Hence, drug traffickers and pushers, regardless if they are
minors or not, are categorically disqualified from availing the law on probation.
(Padua vs. People, July 23, 2008)
5. In Arnandy vs. 000p!7 161 SCRA 436, it was held that, the grant or denial of an
application does not rest solely on the offender's potential to reform but also on the
observance at demands of justice and public interest.
6. The grant or denial of application for probation should not rest solely upon the
recommendation of the probation officer. The applicant for probation must be given
adequate opportunity to disprove the report of the probation officer and to disprove
that he is entitled to probation. (Cabatingan vs. The Hon. Sandiganbayan, 102 SCRA
187.
7. The legal effect of Probation is only to suspend the execution of the sentence.
The conviction of fencing which involves moral turpitude subsists and remains totally
unaffected notwithstanding the grant of probation. In fact, a judgment of conviction in
a criminal case becomes ipso facto (by the fact or act itself) final when the accused
applies for probation, although it is not executory pending resolution of his
application. Dela torre vs. COMELEC G.R. No. 121592, July 5, 1996)
PAROLE AND PROBATION ADMINISTRATION
The Probation Administration was created by virtue of Presidential Decree No. 968,
“The Probation Law of 1976”, to administer the probation system. Under Executive
Order No. 292, “The Administrative Code of 1987”, which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole and
Probation Administration” and given the added function of supervising prisoners who,
after serving part of their sentence in jails are released on parole or are granted
pardon with parole conditions.
Mandate: The Parole and Probation Administration is mandated to conserve and/or

redeem convicted offenders and prisoners who are under the probation or parole
system.
37
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.
Goals: The Administration’s program sets to achieve the following goals: (a) promote
the reformation of criminal offenders and reduce the incidence of recidivism; and (b)
provide a cheaper alternative to the institutional confinement of first-time offenders
who are likely to respond to individualized, community-based treatment programs.
Functions: The Agency, through its network of 15 regional and 204 field parole and
probation offices performs the following functions:
1. to administer the parole and probation system;

2. to exercise supervision over parolees, pardonees and probationers; and
3. to promote the correction and rehabilitation of criminal offenders.
What is Probation?
By probation, a person is convicted of a criminal offense is not sent to prison by the

sentencing court. Instead, he/she is released and placed under the supervision of a
probation officer subject to the conditions which the court may impose.
Is Probation a Right?
No, it is a mere privilege for adult offenders. However, under RA No. 9344 or Juvenile
Justice and Welfare Act of 2006, a Child in Conflict with the Law (CICL) is granted the
right to probation as an alternative to imprisonment if qualified under the Probation
Law.
Who can apply for probation?
Any first-time convicted offender who is eighteen (18) years old or above.
Who cannot be granted probation? (PD No. 968, as amended, and further amended
by RA No. 10707)
38
1. Those sentence to serve a maximum term of imprisonment of more than six (6)
years;
2. Those convicted of any crime against the national security
3. Those who have been previously 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 (1) day and/or a fine of more than one thousand pesos;
4. Those who have once on probation under the provisions of this Decree; and
5. Those who already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 of hereof.
6. Those legally disqualified under special penal laws:
7. Offenders found guilty of any election offense in accordance with Section 264 of B.P.
Blg. 881 (Omnibus Election Code);
8. Offenders found guilty of violating RA No. 6727 (Wage Rationalization Act, as
amended);
9. Offenders found guilty of violating RA No. 9165, The Comprehensive Dangerous
Drugs Act of 2002, except Section 12, 14, 17, and 70.
Will probation be automatically granted to one whose sentence is six (6) years or
less?
No, the applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/she is sent to prison to serve his/her
sentence;
2. There is undue risk that the offender will likely commit another crime;
3. Probation will depreciate the seriousness of the offense committed;
Where shall an application for probation be filed?
The application shall be filed with the court that tried and sentenced the offender.
When should an application for probation be filed?
Anytime before the offender starts serving his sentence but within fifteen (15) days
from the promulgation or notice of the judgment of conviction. However, under
Section 42 of RA No. 9344, the Juvenile Justice and Welfare Act of 2006, the court
may, after it shall have sentenced a Child in Conflict with the Law and upon
application at anytime placed the child on probation in lieu of service of his sentence.
What will happen if the application for probation is denied?
The offender will be sent by the sentencing court to prison to serve his sentence.
39
May an offender be released from confinement while his application for probation is
pending?
Yes, the applicant may be released under the bail he filed in the criminal case, or
under recognizance.
How many times can one be granted probation?
Only once.
How long is the period of probation?
Not more than two (2) years if the sentence of the offender is one (1) year or
less; and not more than six (6) years if the sentence is more than one (1) year.
What conditions are imposed by the court on an offender who is released on

probation?
1. To report to the probation officer within seventy two (72) hours after he
receives the order of the court granting probation;
2. To report to his probation officer at least once a month; and
3. Not to commit any other offense while on probation.
What will happen if a probationer violates the conditions of probation?
The court may modify the conditions of probation or revoke the same. If the
violation is serious, the court may order the probationer to serve his prison sentence.
The probationer may also be arrested and criminally prosecuted if the violation is a
criminal offense.
Purpose of Probation
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 might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses (Section 2, Presidential Decree No. 968).
Benefits and Advantages of Probation
1. Probation assists the government

40
1. It reduces the population of prisons and jails.
2. It cuts enormous expense in maintaining jails.
3. It reduces recidivism and overcrowding in jails and prisons.
4. It saves the government a total of Php 2.8 Billion in terms of prisoners
maintenance in jails and prisons all over the country.
5. It reduces the burden on the police forces and institutions of feeding
and guarding detainees.
6. It makes the offenders taxpayers instead of taxeaters.
7. It lessens the clogging of courts.
8. It lightens the load of prosecutors.
9. It adheres to the concept of Restorative Justice. Thus, a total of Php
137.923 Million has been paid to clients’ victim and/or their heirs.
2. Probation protects society
3. From the excessive costs of detention.
4. From the high rate of recidivism of detained offenders.
5. Probation protects the victim
1. It provides restitution.
2. It preserves justice.
6. Probation protects the family
1. It does not deprive the wife and children of husband and father.
2. It maintains the unity of the home.
7. Probation helps the offender
1. It maintains his earning power.
2. It provides rehabilitation in the community.
3. It restores his dignity.
8. Probation justifies the philosophy of Men
1. That life is sacred.
2. That all men deserve a second time.
3. That an individual can change.
Probation Investigation Procedures
The PSI gathers information on the petitioner’s personality, character, antecedents,

environment and other relevant information, including community resources which
shall be utilized in the rehabilitation of the client. The basic tools used in PSI are
interviews, records check, psychological evaluation and drug tests. All information
gathered is written in the PPA Form 3 or Post-Sentence Investigation Report (PSIR)
submitted to the court for disposition.
General Inter-Office Referral
Courtesy Investigation
• Full Blown Courtesy Investigation (FBCI)

• Is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
41
• Has spent pre-adolescent and/or adolescent life in the province or city of
origin;
• Has attended and/or finished education therein; and
• Have immediate family members and acquaintances who are residents of the
place of origin.
• Partial Courtesy Investigation (PCI) – It shall be used for petitioners who do
not fall within the purview of the FBCI and is conducted by another PPO.
INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225 and Republic Act No. 4203
Purpose
To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be
standardized but fitted as far as possible to the individual, with due regard to the
imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109).
Under Section 5 of said Act, it is the duty of the Board of Pardons and Parole to look
into the physical, mental and moral record of prisoners who are eligible for parole and
to determine the proper time of release of such prisoners on parole.
Coverage
1. General Rule: All persons convicted of certain crimes under Philippine courts.
1. Exceptions (Section 2), law will NOT apply to persons:
2. Convicted of offense punishable by death penalty or life imprisonment;
3. Convicted of treason, conspiracy or proposal to commit treason
4. Convicted of misprision of treason, rebellion, sedition or espionage;
5. Convicted of piracy;
6. Who are habitual delinquents;
7. Who escaped confinement or evaded sentence or violated the terms of a
conditional pardon;
8. Whose maximum term of imprisonment (imposed) does not exceed one year;
9. Whose penalty is suspension or distierro; and
10. Person already sentenced by final judgment at the time this Act was approved
(December 5, 1933).
An indeterminate sentence is a sentence imposed for a crime that is not 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 one year and one day to five years.[24] To
uplift and redeem valuable human material, and prevent unnecessary and excessive
deprivation of personal liberty and economic usefulness and to individualize the
administration of our criminal law, Indeterminate Sentence Law (Act No. 4103 as
amended) provides for an indeterminate sentence and parole for all persons
42
convicted of certain crimes by the courts of the Philippines. In addition, it provides for
the creation of the Board of Pardons and Parole, or the Board of Indeterminate
Sentence, provided in Section 3 of the said Act tasked to look into the physical,
mental and moral record of the prisoners who are eligible to parole and to determine
the proper time of release of such prisoners.[25]
The court must, instead of a single fixed penalty, determine two penalties, referred to
in the Indeterminate Sentence Act as the ‘maximum’ and ‘minimum’ terms. The basic
mandate of the Indeterminate Sentence Law is the imposition of, instead of a single
fixed penalty, determined two penalties, referred to in the Indeterminate Sentence,
which is comprised by a minimum term and maximum term. It is indeterminate in the
sense that after serving the minimum, the convict may be release on parole, or if he is
not fitted for release, he shall continue serving his sentence until the end of the
maximum. It is the fixing of the minimum and maximum terms, which generates a lot
of confusion and is the constant source of error of some judges.
The act should be applied in imposing a prison sentence for a crime punishable either
by special law or by the Revised Penal Code. Under Section 1 of Act No. 4103, as
amended by Act No. 4225, if the offense is punished by special law, the court shall
sentence the accused to an indeterminate penalty, the maximum term of which shall
not exceed the maximum fixed by said law and the minimum term shall not be less
than the minimum prescribed by the same. If the offense is punished by the Revised
Penal Code, the court shall sentence the accused to an indeterminate penalty, the
maximum term of which shall be the penalty imposable under the same Code after
considering the attending mitigating and/or aggravating circumstances according to
Article 64 of the said Code. The minimum term of the same shall be within the range
of the penalty next lower to that prescribed by the Code for the offense.
EXECUTIVE CLEMENCY
Executive Clemency shall refer to Absolute Pardon, Conditional Pardon with or

without parole conditions, and Commutation of Sentence as may be granted by the
President of the Philippines upon the recommendation of the Board of Pardons and
Parole. In accordance with Section 19, Article VII of the 1987 Philippine Constitution,
the President has the plenary power to grant executive clemency, except on the
following three (3) constitutional limitations to wit:
1. In cases of impeachment;
1. In cases involving of election laws, rules and regulations as provide in
Section 5, Paragraph C, Article IX of the 1987 Philippine Constitution
without favorable recommendation of the Commission on Elections; and
2. In cases where the conviction is on appeal or has not become final and
executory.[29]
What are those “extraordinary circumstances” that may be present for the Board to
recommend to the President the grant of executive clemency?
43
1. The trial court or appellate court in its decision recommended the grant of
executive clemency for the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too
harsh compared to the crime committed;
3. Evidence which the court failed to consider, before conviction which would
have justified an acquittal of the accused;
4. Inmates who were over fifteen (15) years but under eighteen (18) years of age
at the time of the commission of the offense;
5. Inmates who are seventy (70) years old and above whose continued
imprisonment is inimical to their health as recommended by a physician of the
Bureau of Corrections Hospital and certified under oath by a physician
designated by the Department of Health;
6. Inmates who suffer from serious, contagious or life-threatening illness disease,
or with severe physical disability such as those who are totally blind,
paralyzed, bedridden, etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified under oath by a physician designated by the
Department of Health;
7. Alien inmates where diplomatic considerations and amity among nations
necessitate review; and
8. Such other similar or analogous circumstances whenever the interest of justice
will be served thereby.”
Eligibility for Review of Cases for Executive Clemency (Other Circumstances)
When none of the extraordinary circumstances exist, the Board may nonetheless
review and/or recommend to the President the grant of executive clemency to an
inmate provided the inmate meets the following minimum requirements of
imprisonment:
1. For Commutation of Sentence, the inmate should have served:

1. At least one-third (1/3) of the definite or aggregate prison terms;
2. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
3. At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1)
life imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and
other special laws;
4. At least thirteen (13) years for inmates whose indeterminate and/or definite prison
terms were adjusted to a definite prison term of forty (40) years in accordance with
the provisions of Article 70 of the Revised Penal Code as amended;
5. At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined
in Republic Act No. 7659 or other special laws, committed on or after January 1, 1994
and sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
6. At least eighteen (18) years for inmates convicted and sentenced to reclusion
perpetua or life imprisonment for violation of Republic Act No. 6425, as amended,
otherwise known as “The Dangerous Drugs Act of 1972” or Republic Act No. 9165
also known as “The Comprehensive Dangerous Drugs Act of 2002”, and for
kidnapping for ransom or violation of the laws on terrorism, plunder and transnational
crimes;
44
7. At least twenty (20) years for inmates sentenced to two (2) or more reclusion
perpetua or life imprisonment even if their sentences were adjusted to a definite
prison term of forty (40) years in accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
8. At least twenty-five (25) years for inmates originally sentenced to death penalty but
which was automatically reduced or commuted to reclusion perpetua or life
imprisonment.
2. For Conditional Pardon, an inmate should have served at least one-half (1/2) of the
maximum of the original indeterminate and/or definite prison term.
3. For Absolute Pardon, after he has served his maximum sentence or granted final
release and discharge or court termination of probation. However, the Board may
consider a petition for absolute pardon even before the grant of final release and
discharge under the provision of Section 6 of Act No. 4103, as amended, as when the
petitioner:
1. Is seeking an appointive/elective public position or reinstatement in the government
service;
2. Needs medical treatment abroad which is not available locally;
3. Will take any government examination; or
4. Is emigrating.
What is the ultimate objective of granting executive clemencies?
• Prevent miscarriage of justice

• Grant mercy to those who are deserving of it
PARDON
Pardon is a form of executive clemency granted by the President of the Philippines as

a privilege extended to a convict as a discretionary act of grace. Neither the
legislative nor the judiciary branch of government has the power to set conditions or
establish procedures for the exercise of this Presidential prerogative. It is highly
political in nature and is usually granted in response to popular clamor or to aid in the
return to normalcy of a political situation that might affect the country if not addressed.
Two (2) Kinds of Pardon in the Philippines
1. 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 remits the penalty imposed for the particular
offense of which he was convicted. The purposes of absolute pardon are:
1. To right a wrong; and
2. To normalize a tumultuous political situation.
1. Conditional Pardon – refers to the exemption of an individual,
within certain limits or conditions, from the punishment that the
law inflicts for the offense he has committed resulting in the
partial extinction of his criminal liability. It is also granted by the
45
President of the Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.
In what instance may the board not consider the release on parole or pardon of a
national prisoner?
The Board may not consider the release on pardon/parole of a national prisoner who
is serving sentence in a municipal, city, district or provincial jail unless the
confinement in said jail is in good faith or due to circumstances beyond the prisoner’s
control.
What is the relevance of the “final and executory” nature of the criminal case
judgment of the convicted person, insofar as application for Executive Clemency is
concerned?
The Board may consider the case of a prisoner for executive clemency or parole only
after his case has become final and executory. It will not take action on the petition of
a prisoner who has a pending criminal case in court or when his case is on
appeal.[36]
Note: An accused cannot apply for pardon if his case is on appeal because his
conviction must be by final judgment.
AMNESTY
A special form of pardon exercised by the President of the Republic is amnesty.

Amnesty is a general pardon extended to a certain class of people who are usually
political offenders. In amnesty, the concurrence of Congress is needed and the courts
also take judicial notice of the act by the President. It can be granted before or after
conviction by the courts.
The Philippines had issued two amnesty proclamations in the past. The first one was
issued under Presidential Proclamation No. 51 by then President Manual Roxas
amnestying those who collaborated with the Japanese during World War II. The
second was Proclamation No. 76 issued by then President Elpidio Quirino extending
amnesty to leaders and members of the Hukbo ng Bayan Laban sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga Mambubukid (PKM)
which is an organization of peasants fighting for agrarian reform and is part of the
communist underground movement.
What is the nature of amnesty?
46
Amnesty looks backward, and abolishes and puts into oblivion, the offense itself; it so
overlooks and obliterates the offense with which he is charged, that the person
released by amnesty stands before the law as though had had committed no offense.
Distinguish Amnesty from Pardon
Pardon Amnesty
Public act which court should take judicial
Private act, the one invoking it must proved it
cognizance
Granted to common crime doers or common
Granted to political offenders
crime criminals
Looks forward – does not restore the right to Looks backward and put in oblivion the offense
hold public office, unless these rights are itself, the person released on amnesty in the eyes of
expressly restored by the pardon the law is a new person who committed no offense
Does not exempt from civil indemnity May obliterate civil indemnity
What is the procedure in the grant of amnesty?
• Presidential proclamation of amnesty;

• Applicant of amnesty must admit his guilt;
• Ad Hoc committee reviews the application;
• Application is referred to Secretary of National Defense or COMELEC as the
case may be for comment;
• Ad Hoc Committee recommends to the President; and
• Congress must concur with the proclamation.
REPRIEVE
Like Pardon, Reprieve is also another prerogative exercised by the President of the
Philippines. Generally, it is applied to death sentences already affirmed by the
Supreme Court. But it can also be invoked in other cases that have become final.
Reprieve is the temporary stay of the execution of a sentence. Like pardon, the
President can only exercise reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of execution of sentence is
temporarily postponed indefinitely to enable the Chief Executive to thoroughly study
the petition of the condemned man for commutation of sentence or pardon.[39]
COMMUTATION OF SENTENCE
Commutation of sentence shall refer to the reduction of the duration of a prison

sentence. It is another prerogative of the President. It is an act of clemency by which
a heavier or longer sentence is reduced to a lighter or shorter term. Commutation
does not forgive the offender but merely reduces the penalty of life imprisonment or
47
death sentence for a term of years.[40] Commutation of sentence also benefits
inmates sentenced to a fixed or determinate sentence, which renders him or her
eligible for parole. Commutation of sentence changes the original fixed sentence to a
lesser indeterminate sentence, which will then enable the beneficiary to be released
on parole. Commutation is also appropriate to use with convicts sentenced to several
counts. The sentence may be commuted to one single indeterminate sentence
through commutation and rendering the recipient to avail of parole after serving the
minimum sentence.
Petitions for commutation of sentence may be reviewed if the prisoners meet the
following minimum requirements:
1. The prisoner shall served at least one-third (1/3) (now ½) of the minimum of
his indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or life
imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) (now 13 years) years for prisoners whose sentences were
adjusted to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined
in Republic Act No. 7659 and other special laws committed on or after January
1, 1994 and sentenced to one or more Reclusion Perpetua or life
imprisonment.
5. At least twenty (20) years in case of one (1) or more death penalty/penalties,
which was/were automatically reduced.
Requirements before commutation is granted
1. Prisoners must have served at least 1/3 of the definite or aggregate prison terms;
2. Prisoner must serve at least ½ 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;
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9. At least ten (10) years for inmates sentenced to one (1) 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).
PAROLE
The release of prisoners before the expiration of his maximum sentence is what is
called Parole. The 1957 National Conference on Parole has defined it as “a method
of selectively releasing an offender from an institution prior to completion of his
maximum sentence, subject to conditions specified by the paroling authority, a
method whereby society can be protected and the offender can be provided with a
continuing treatment and supervision in the community.”
History of Parole
Rooted in 18th-century English penal practice of indentured servitude
From 1775 through 1856 English offenders were sent to Australia (Norfolk Island)
Captain Alexander Maconochie developed the “ticket-of-leave” or Mark System. The

system had five (5) principles:
1. Release should not be based on the completing of a sentence for a set of

period of time, but on the completion of a determined and specified quantity of
labor. In brief, time sentences should be abolished, and tasked sentences
substituted.
2. The quantity of labor a prisoner must perform should be expressed in a
number of “marks” which he must earn, by improvement of conduct, frugality of
living, and habits of industry, before he can be released.
3. While in prison he should earn everything he receives. All sustenance and
indulgences should be added to his debt of marks.
4. When qualified by discipline to do so, he should work in association with a
small number of other prisoners, forming a group of six or seven, and the
whole group should be answerable for the conduct and labor of each member.
5. In the final stage, a prisoner, while still obliged to earn his daily tally of marks,
should be given a propriety interest in his own labor and be subjected to a less
rigorous discipline, to prepare him for release into society.
1856 – Sir Walter Crofton introduced the “Irish System”, which was later called the
Progressive State System. He reasoned that if penitentiaries are places where
offenders think about their crimes and can decide to stop their criminal misbehavior
then there must be a mechanism to determine that this decision has in fact been
made, as well as a mechanism for getting the inmate out when penitence has been
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done. The indeterminate sentence was believed to be the best mechanism. Crofton
devised a series of stages, each bringing the convict closer to the free society:
1. The first stage was composed of solitary confinement and monotonous work;
1. The second stage was assignment to public works and a progression
through various grades, each grade shortening the length of stay;
2. The last stage was assignment to an indeterminate prison where the
prisoner worked without supervision and moved in and out of the free
country. When the prisoner’s conduct continued to be good and if he or
she were able to find employment, then the offender return to the
community on a conditional pardon or “ticket to leave”.
This “ticket to leave” could be revoked at any time with the span of the original fixed
sentence if the prisoner’s conduct was not up to standards established by those who
supervised the conditional pardon. Crofton’s plan was the first effort to establish a
system of conditional liberty in the community, the system we know today as Parole.
Dr. S.G. Howe of Boston first coined the term parole in 1846
Note: Parole is derive from the French words “Parole D Honner” meaning word of
honor.
Development of American Parole
First parole legislation: Massachusetts, 1837
1876 – the New York State Reformatory at Elmira was established with Zebulon R.
Brockway as superintendent. Brockway introduced in Elmira a new institutional
program for boys from 16 to 30 years of age.
In 1931, the Wickersham Commission listed four “essential elements” of a good

parole program
1. Indeterminate sentencing laws

1. Quality release preparation
2. Parole officer’s familiarization with offender’s home and environmental
conditions before offender’s release
3. Sufficient staffing levels
In the 1970s, research found that prison rehabilitation programs had few positive
benefits. Presently, there is increasing support for the abolition of parole while others
advocate reform.
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THE BOARD OF PARDONS AND PAROLE
The Board of Pardons and Parole is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant, except in cases of
impeachment, reprieves, commutations and pardons, after conviction by final
judgment (Section 19, Article VII of the 1987 Philippine Constitution).
• Act 4103 – created the Board of Indeterminate Sentence

• Executive Order No. 83 – in 1937 changed the name of Board of Indeterminate
Sentence to Board of Pardons
• Executive Order No. 94 – in 1947 renamed it to Board of Pardons and Parole
Petitions for Parole should be addressed to whom?
Petitions for Parole should be addressed to the Chairman or to the Executive Director
of the Board. However, the Board may, motu proprio, consider cases for parole,
commutation of sentence or conditional pardon of deserving prisoners whenever the
interest of justice will be served thereby.
Responsibilities of Board of Pardons and Parole
1. Look into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of release
of such prisoners on parole;
1. Assists in the full rehabilitation of individuals on parole or those under conditional
pardon with parole conditions, by way of parole supervision; and
2. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.
Eligibility for Review of a Parole Case
An inmate’s case may be eligible for review by the board provided:
1. Inmate is serving an indeterminate sentence the maximum period of which

exceeds one (1) year;
1. Inmate has served the minimum period of the indeterminate sentence;
2. Inmate’s conviction is final and executory;
In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at
the same time.
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• Inmate has no pending criminal case; and
• Inmate is serving sentence in the national penitentiary, unless the confinement of said
inmate in a municipal, city, district or provincial jail is justified.
Parole will be granted whenever the Board of Pardons and Parole finds that there is a
reasonable probability that if release, the prisoner will be law-abiding and that his
release will not be incompatible with the interest and welfare of society.[
Disqualification for Parole
Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the

“Indeterminate Sentence Law”, parole shall not be granted to the following inmates:
1. Those convicted of an offense punished with Death penalty or Life

imprisonment;
1. Those convicted of treason, conspiracy or proposal to commit treason
or espionage;
2. Those convicted of misprision of treason, rebellion, sedition or coup
d’état;
3. Those convicted of piracy or mutiny on the high seas or Philippine
waters;
4. 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 said crimes a third time
or oftener;
5. Those who escaped from confinement or evaded sentence;
6. Those who having been granted Conditional Pardon by the President
shall have violated any of the terms thereof;
7. Those whose maximum term of imprisonment does not exceed one (1)
year or those with definite sentence;
8. Those convicted of offenses punished with reclusion perpetua, or
whose sentences were reduced to reclusion perpetua by reason of
Republic Act No. 9346 enacted on June 24, 2006, amending RA No.
7569 dated January 1, 2004; and
9. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes.[51]
Difference between Parole and Probation
Parole is different from probation in that the parole is administrative function of the
executive branch of the government, while the probation is a judicial function. In
Parole, the offender serves part of the sentence in prison before he is released, while
in Probation, the convicted offender does not need to go to prison at all. In other
words, parole is an extension of institutional treatment while Probation is a substitute
for imprisonment. Parole is granted by the Board, while Probation is granted by the
52
judge. Both releases are conditional and subject to supervision of a parole or
probation officer.
Parole and Indeterminate Sentence Law
Indeterminate sentence is closely connected with parole. An indeterminate sentence

is one with minimum and maximum periods of imprisonment. The prisoner is not
eligible for parole consideration until he has served his minimum sentence. Ideally,
the gap between the minimum and maximum sentence should be wide in order that
the process of rehabilitation in prison may be continued long enough to make certain
its effects.
Until when is the period of parole supervision?
The period of parole supervision shall extend up to the expiration of the maximum
sentence which should appear in the Release Document, subject to the provisions of
Section 6 of Act No. 4103 with respect to the early grant of Final Release and
Discharge.
What are the contents of the Release Documents of a parolee?
The form of the Release Document shall be prescribed by the Board and shall
contain:
1. the latest 1”x1” photograph, and

1. right thumbprint of the prisoner
What is the rule on transmittal of Release Document?
The Board shall send a copy of the Release Document to the prisoner named therein
through the Director of Corrections or Warden of the Jail where he is confined who
shall send a certification of the actual date of release of prisoner to the Probation and
Parole Officer.
What is the rule on initial report?
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Within the period prescribed in his Release Document, the prisoner shall present
himself to the Probation and Parole Officer specified in the Release Document for
supervision. The Probation and Parole Officer concerned shall inform the Board thru
the Technical Service, Parole and Probation Administration the date the client
reported for supervision not later than fifteen (15) working days there from.
What is the rule when the parolee fails to report to the probation and parole officer as
mandated?
If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer shall
inform the Board of such failure, for appropriate action.
What is the rule on modifications/revisions of the terms and conditions of parole?
The Board may, upon recommendation of the Probation and Parole Officer, revise or
modify the terms and conditions appearing in the Release Document.
What is the rule on transfer of residence of the client?
A client may not transfer from the place of residence designated in his Release
Document without the prior written approval of the Regional Director subject to the
confirmation by the Board.
What is the rule on outside travel of a client?
A Chief Probation and Parole Officer may authorize a client to travel outside his area
of operational jurisdiction for a period of not more than thirty (30) days. A travel of
more than 30 days shall be approved by the Regional Director.
What is the rule on travel or work abroad by the client?
Any parolee or pardonee under active supervision/surveillance who has no pending

criminal case in any court may apply for overseas work or travel abroad. However,
such application for travel abroad shall be approved by the Administrator and
confirmed by the Board.
What is the rule on death of a client?
If a client dies during supervision, the Probation and Parole Officer shall immediately
transmit a certified true copy of the client’s death certificate to the Board
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recommending the closing of the case. However, in the absence of a death
certificate, an affidavit narrating the circumstances of the fact of death of the
barangay chairman or any authorized officer or any immediate relative where the
client resided, shall suffice.
Distinguished Parole from Executive Clemency
Parole Executive Clemency
Granted by the Board of Pardons and

Granted by the
Parole
Basis is Act 4103, The Indeterminate

Basis is the 1987 Constitution
Sentence Law
Granted after certain conditions have been complied

Granted after service of minimum
with depending upon the specific executive clemency
sentence
given
Pardon Distinguish from Parole
Pardon Parole
Granted by the President Granted by the Board of Pardons and Parole
Granted with or without conditions Always subject to a condition
There are conditions such as: parolee reports

No condition is required before one regularly to parole officer; his residence may be
may be given parole controlled; He shall not violate any laws of the
Philippines
GUIDE TO EARLY RELEASE OF PRISONERS
Release on Recognizance
The offender under custody can be released to a responsible person in the

community as provided under Republic Act No. 6036.
Who may apply?
1. Person charged with the violation of a municipal ordinance.

1. Person charged with a light felony.
55
2. Person charged with a criminal offense, the prescribed penalty of which
is not higher than 6 months (arresto mayor) or a fine of Php 2,000.00 or
both.
When to apply?
When the offender is committed to any BJMP jail.
Where to apply?
The Presiding Judge of the court.[64]
Release on Bail
Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, conditioned upon his appearance before any court as
required under the conditions provided by the law on bail.
Who may apply?
A person in custody of law.
When to apply?
1. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
MTC in cities and Municipal Circuit Trial Court (MCTC).
1. Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua or life imprisonment.
Where to apply?
1. The court where the case is pending. In the absence or unavailability of the
judge, another branch of the same court within the province or city.
1. If the accused is arrested in the province, city or municipality other than
where the case is pending, any Regional Trial Court of said place. In the
absence or unavailability of the Judge, any Metropolitan Trial Judge or
Municipal Circuit Trial Judge therein.
2. If not yet charged in court, any Court in the province, city or municipality
where the person in custody is held.[65]
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Preventive Imprisonment
Batas Pambansa Bilang 85 authorizes the release of a detained offender who has
undergone preventive imprisonment equivalent to the maximum imposable penalty
for the offense charge.
Who may apply?
1. Detention prisoner who is not a recidivist or who was previously convicted twice or
more times of any crime.
1. Detention prisoner who surrendered voluntarily when upon being summoned for the
execution of sentence.
When to apply?
1. When the accused has undergone preventive imprisonment for a period equal to or
more than possible maximum imprisonment of the offense charged to which he may
be sentenced and his case is not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial or the proceeding on appeal, if the
same is under review.
1. When the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment.
Where to apply?
The Presiding Judge of the Court.
ROLE OF THE COMMUNITY IN CORRECTIONS
The Philippine Constitution mandates that:
1. the “prime duty of government is to serve and protect the people” (Section 4,
Article II); and
1. “the maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy” (Section 5,
Article II).
In the pursuit of these two mandates, the Constitution also explicitly states that: “the
State shall encourage non-governmental, community-based, or sectoral organizations
to promote the welfare of the nation” (Section 23, Article II). From these
constitutional readings, it is very clear that the community pillar of the criminal justice
57
system has been a constitutionally ingrained all-important role in the administration of
justice. That in the exercise of this role, the community-based Non-Governmental
Organizations and People’s Organizations are the communities organized, are to play
a crucial role in the service and protection of the people. Community involvement is a
necessary crime prevention ingredient in the effective treatment and rehabilitation of
offenders. The active and serious involvement of the citizens is essential if crime is to
be substantially reduced. Public participation has to be mobilized and energized to
help the authorities in effectively addressing the law and order concerns of the local
citizenry. It cannot be denied that the community as one of the pillars of the criminal
justice system is supreme among them. Among the pillars of the criminal justice
system, it is the community that has the distinction of being “primus inter pares,” or
first among equals. It is not to be forgotten that sovereignty resides in the people, and
a democratic government is one that is a government of the people, for the people
and by the people. Not to be forgotten too is the fact that criminals are bred and
nurtured from the ranks of the community. It is but incumbent, therefore, that the
community should be assigned bigger and greater responsibility in the prevention of
crime, resolution of crime and treatment of offenders. Truly without the active
involvement of the community, the criminal justice system would simply not work.
Improving offender-family relations to improve treatment
The family is the basic unit of society. Whatever fate befell the family also befell
society. If the family is in trouble, so too, is society in trouble. If it is ruined, society is
also ruined. Criminological trends worldwide unmistakably show that social services
and corrections are undergoing a paradigm shift – from the individual offender to the
family of that offender as the focus in the treatment of offenders. The family also
suffers for the incarceration of a member. Positively involving them in corrections
would surely increase the success of rehabilitation and treatment. In order to succeed
in enlisting the family, however, we should not be negative-minded invoking only the
weaknesses of the family and not its strengths. In such case, progress will not be
made, but will only become an impediment to effective corrections work.
For further reading on the role of the community in corrections, see pages 129 to 160,
of the book, Correctional Administration by Chief Supt (Ret.) Mercedes A. Foronda.
REHABILITATION PROGRAM
Rehabilitation Program – it is an individualized community-based three pronged

approach to crime prevention and treatment of offender with Restorative Justice as its
philosophical foundation, Therapeutic Community as the treatment modality,
and Volunteers as lead community resources.
1. Therapeutic Community (TC) – it is environments that help people get help

while helping others. It is a treatment environment: the interactions of its
members are designed to be therapeutic within the context of the norms that
require for each to play the dual role of client-therapist. At a given moment,
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one may be in a client role when receiving help or support from others
because of a problem behavior or when experiencing distress. At another time,
the same person assumes a therapist role when assisting or supporting
another person in trouble.
How does TC look like?
The operation of the community itself is the task of the residents, working under staff
supervision. Work assignments, called “job functions” are arranged in a hierarchy,
according to seniority, individual progress and productivity. These include conducting
all house services, such as cooking, cleaning, kitchen service, minor repair, serving
as apprentices and running all departments, conducting meetings and peer encounter
groups. The TC operates in a similar fashion to a functional family with a hierarchical
structure of older and younger members. Each member has a defined role and
responsibilities for sustaining the proper functioning of the TC. There are sets of rules
and community norms that members upon entry commit to live by and uphold.
What are the salient features of TC ?
1. The primary “therapist” and teacher is the community itself, consisting of peers
and staff, who, as role models of successful personal change, serve as guides
in the recovery process.
1. TC adheres to precepts of right living: Truth/honesty; Here and now;
Personal responsibility for destiny; Social responsibility (brother’s
keeper); Moral Code; Inner person is “good” but behavior can be “bad”;
Change is the only certainty; Work ethics; Self-reliance; Psychological
converges with philosophical (e.g. guilt kills).
2. It believes that TC is a place where: One can change – unfold; the
group can foster change; individuals must take responsibility; structures
must accommodate this; Act as if – go through the motion.
3. There are 5 distinct categories of activity that help promote the change:
4. Relational/Behavior Management
5. Affective/Emotional/Psychological
6. Cognitive/Intellectual
7. Spiritual
8. Psychomotor/Vocational-Survival Skills
These tools serve more than just the purpose of curbing unproductive behavior. They
are also a means used for enforcing community sanctions on behavior that
undermine the safety and integrity of the community such as violations of the cardinal
rules of TC: NO drugs, NO violence or threat of violence, NO sexual acting out and
NO stealing! Everything an officer does is meant to erase “street behavior” and to
lead the offender to be committed to “right living”.
When the office gives seminars and tutorials, arranges activities focused on the
Higher Power, conducts games, educational trips and other recreational activities, we
59
touch on the TC aspect of Intellectual and Spiritual Dimension. Aside from the role of
a direct supervisor, the VPAs may be the invited resource persons, donors/sponsors,
facilitators, lecturers, etc. during these seminars.
The skills training and livelihood activities fall within the purview of TC’s Vocational
and Survival Skills, so with Medical/Dental Clinics and Environmental Conservation
activities. In this aspect, the VPAs can facilitate job placement and can tap
community resources for client social and physical needs. Therapeutic Community is
a tool that the Administration uses to prepare the client for reintegration to the
community as a reformed, rehabilitated, productive, drug-free and law abiding person.
RESTORATIVE JUSTICE
It is a process through which remorseful offenders accept responsibility for their

misconduct, particularly to their victims and to the community. It creates obligation to
make things right through proactive involvement of victims, ownership of the offender
of the crime and the community in search for solutions which promote repair,
reconciliation and reassurance. Thus, the restorative justice process is actively
participated in by the victim, the offender, and/or any individual or community member
affected by the crime to resolve conflicts resulting from the criminal offense, often with
the help of a fair and impartial third party. Examples of restorative process include
mediation, conferencing, sentencing/support circle and the like. The restorative
outcome is the agreement obtained as a product of a restorative justice process.
Examples of restorative outcomes include restitution, community work service and
any other program or response designed to accomplish reparation of the victim, and
the reintegration of the victims and/or offenders.
What are the effects of Restorative Justice as a rehabilitation program of PPA?
1. Reintegration of the offenders to the social mainstream and encouraging them to

assume active responsibility for the injuries inflicted to the victims;
1. Proactive involvement of the community to support and assist in the rehabilitation of
victims and offenders;
2. Attention to the needs of the victims, survivors and other persons affected by the
crime as participating stakeholders in the criminal justice system, rather than mere
objects or passive recipients of services of intervention that may be unwanted,
inappropriate or ineffective;
3. Healing the effects of the crime or wrongdoing suffered by the respective
stakeholders; and
4. Prevention of further commission of crime and delinquency.
How is restorative justice implemented in PPA?
A. During the Investigation Stage
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Information such as victims’ version of the offense, effect of victimization to their lives,
families, future, and plans, and victims’ appreciation on how the damage/harm
inflicted by the crime can be repaired and healed are gathered to serve as input in the
post-sentence investigation (PSI) or pre-parole/executive clemency investigation
(PPI) reports prepared by the investigating officer to be submitted to the Court and
the Board of Pardons and Parole, respectively. These data are vital in the conduct of
restorative justice processes during the supervision phase. Soliciting stakeholders’
interest for their introduction to the restorative process commences during this stage.
B. During the Supervision Stage
Restorative Justice Program is a part of the rehabilitation of the client which is

incorporated in the client’s Supervision Treatment Plan (STP). In applying the various
restorative justice processes for the client’s rehabilitation, the supervising officer
observes the following points:
• The parties are brought within the program out of their own volition. Parties
have the right to seek legal advice before and after the restorative justice
process;
• Before agreeing to participate in the restorative justice process, the parties are
fully informed of their rights, the nature of the process, and the possible
consequences of their decision;
• Neither the victim nor the offender is induced by unfair means to participate in
restorative justice processes or outcomes;
• Discussion in restorative justice processes should be highly confidential and
should not be disclosed subsequently, except with the consent of the parties,
and should not be used against the parties involved;
• Where no agreement can be made between the parties, the case is withdrawn
from the restorative justice process; and
• In the event agreement is reached by parties, it is put in writing to give
substance/essence to the agreement. The failure to implement any provision
of the agreement made in the course of the restorative justice process is a
basis for the withdrawal of the case from the program.
What are the roles of the probation and parole officers in the implementation of
Restorative Justice?
A Probation and Parole Officer assigned to handle investigation and supervision

caseloads acts as restorative justice planner. As such, he/she undertakes the
following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO)
potential case for Peacemaking Encounter;
1. Conducts dialogue to explore the possibility of restorative justice
process;
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2. Coordinates/collaborates with responsible members and leaders of
community for their participation in the conference;
3. Serves as facilitator-strength in the conference;
4. Assists in healing process of stakeholders based on the Supervision
Treatment Plan; and
5. Prepares casenotes reflective of restorative justice values and utilizing
the following points:
6. Impact of crime and effect of victimization
7. Victim inputs and involvement opportunities
8. Offender opportunity to take direct responsibility for the harm inflicted on
the victim and/or the community.
A CPPO engages in the following responsibilities:
1. Approves cases for Peace Encounter Conference and issues office orders;
and
1. 2. Implements and monitors plans and agreements achieved during the
conference and sets direction to realize success of the process.
What are the procedural safeguards to be observed in applying the restorative justice
processes to resolve conflicts arising from the criminal offense?
1. The clients must admit the offense to be eligible for the conference, and if
possible, they should be encouraged to take full responsibility;
1. A personal visit by the Restorative Justice planner may be necessary to
solicit interest and willingness of stakeholders to participate in the
restorative process;
2. The victims’ preference for the time, date and place of the meeting
should be given greatest weight;
3. Restorative Justice planners should also get in touch with community
strengths to serve as facilitator like local officials, members of the Lupon
Tagapamayapa or any responsible and respected personalities in the
locality;
4. A pre-conference meeting with the selected facilitators prior to the
actual conduct of peace encounter conference should be set to carefully
plan for all the details, from the sitting arrangements and refreshments
to the box of tissue papers which incidentally would let participants
know that display of emotions is okay;
5. A pre-conference meeting could likewise be arranged separately with
individual stakeholders to explain the process and other vital details of
the conference;
6. The Restorative Justice planner should ensure that everyone knows
how to get to the location site of the conference;
7. Facilitators should ensure that the conference shall be conducted
without interruption in a comfortable location and shall secure the safety
of all stakeholders;
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8. Stakeholders shall also be consulted relative to the composition of the
panel of facilitators. Any party may move to oppose the inclusion of
persons by reason of relationship, bias, interest or other similar grounds
that may adversely affect the process; and
9. Indigenous system of settling differences or disputes shall accordingly
be recognized and utilized to conform with the customs and tradition of
that particular cultural community.
What are the Restorative Justice models that can be applied in PPA?
Peacemaking Encounter – is a community-based gathering that brings the victim, the

victimized community, and the offender together. It supports the healing process of
the victims by providing a safe and controlled setting for them to meet and speak with
the offender on a confidential and strictly voluntary basis. It also allows the offender to
learn about the impact of the crime to the victim and his/her family, and to take direct
responsibility for his/her behavior. Likewise, it provides a chance for the victim and
the offender to forge a mutually acceptable plan that addresses the harm caused by
the crime. As a community-based decision model, the Agency Peacemaking
Encounter is being implemented through the following processes:
1. Victim/Offender Mediation – a process that provides an interested victim an

opportunity to meet face-to-face his/her offender in a secured and structured
setting or atmosphere, with the help of a trained mediator, and engage in a
discussion of the past offense and its impact to his/her life. Its goal is to
support the healing process of the victim and allow the offender to learn the
impact of his/her offense on the victim’s physical, emotional and financial
existence, and take direct responsibility for his/her behavior by mutually
developing a Restorative Justice plan that addresses the harm caused by the
said offense.
1. Conferencing – a process which involves community of people most
affected by the crime – the victim and the offender and their families,
the affected community members and trained facilitators and community
strength – in a restorative discussion of issues and problems arising
from an offense or coincidence which affects community relationship
and tranquillity. Facilitated by a trained facilitator, the above parties are
gathered at their own volition to discuss how they and others have been
harmed by the offense or conflict, and how that harm may be repaired
and broken relationship may be restored.
2. Circle of Support – a community directed process organized by the field
office and participated in by the clients, the Volunteer Probation Aides
(VPAs) and selected members of the community in the discussion of the
offense and its impact. Within the circle, people freely speak from the
heart in a shared search for understanding the incident, and together
identify the steps necessary to assist in the reconciliation and healing of
all affected parties and prevent future crime or conflict.
63
In the Agency, the circle of support is facilitated by trained Probation and Parole
Officers, Volunteer Probation Aides or selected community leaders who offered their
services free of charge to serve as facilitator or keeper. In implementing this process,
the probation and parole officer should be the facilitator who is sensitive to the needs
of the victim. Likewise, the probation and parole officer should exert effort to protect
the safety and interest of the victim.
What are the outcomes or interventions which can be agreed upon during the
Restorative Justice process?
As a result of the restorative justice process, the following outcomes or interventions

may be agreed upon by parties in a Restorative Justice discussion, such as, but not
limited to:
A. Restitution
Restitution is a process upon which the offender accepts accountability for the
financial and/or non-financial losses he/she may have caused to the victim.
Restitution is a “core” victim’s right which is very crucial in assisting the redirection of
the victim’s life. Part of the conditions of probation as imposed by the Court is the
payment of civil liability to indemnify the victim of the offender, and to inculcate to the
offender a sense of responsibility and obligation towards the
community. Consequently, the probation and parole officer should see to it that the
offender complies with this condition.
B. Community Work Service
Community Work Service, whether imposed as a condition of offender’s

conditional liberty or integral part of his treatment plan, should be purposely motivated
to make the offender realize that he/she incurred an obligation to make things right. In
its application, the offender can be subjected to perform work service measures,
including, but not limited to any of the following:
1. Mentoring and Intergenerational Service – offenders will develop their

nurturing needs thru caring for other people; example: with senior citizens, with
orphanages, or with street children.
1. Economic Development – to link directly with the business project;
examples: cleaning downtown area, tree planting, maintenance of
business zones, housing restoration, garbage and waste management,
cleaning of esteros, recycling, construction, repair of streets, and the
like.
2. Citizenship and Civic participation – experiential activities which involve
solving community problems; examples: puppet shows that showcase
values, street dramas, peer counseling.
64
3. Helping the Disadvantaged – this will enhance offender’s self-esteem;
examples: assist handicapped, assist in soup kitchen, tutor peers, visit
the aged in jail and hospitals.
4. Crime Prevention Project – examples: Brgy Ronda, giving testimony to
the youth.
The probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.
C. Counseling (whether individual, group or family)
It will enhance client’s interpersonal relationship and it will help him/her

become more aware of his/her shortcomings/weaknesses. This will also help him/her
overcome painful experiences that drove him/her to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session – An intervention which provides recovering drug

dependents or those with serious behavioral problems an opportunity to discuss their
problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
I . Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session – This session aims to develop healthy

personal relationship within the family and to establish open positive communication
between family members and significant others. Family members should be oriented
in their individual responsibilities and roles.
65
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare[85]
What is volunteerism?
Volunteerism is a program of the Parole and Probation Administration (PPA) aimed at

generating maximum, effective and efficient citizen participation and community
involvement in the process of client rehabilitation, prevention of crime and the overall
administration of criminal justice.
What are its advantages?
Probation and parole, as community-based treatment programs, depend on available

resources in the community for the rehabilitation of offenders. Thus, the
Administration, recognizing the important role of the community as a rehabilitation
agent, involves the community in probation and parole work through the use of
volunteer workers and welfare agencies. The use of volunteer workers in probation
and parole is worth adopting because it opens new fields for community involvement
in corrections and for training youth leaders, barangay organizations, and civic groups
in social development work. The use of volunteers will also make it possible for the
correctional system to exercise supervision of offenders at less cost to the
government.
What are the legal bases for VPA program of the PPA?
Presidential Decree No. 968 permits the employment of Volunteer Probation Aides
(VPA), specifically under Sec 28 which states: “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.” On October 11, 2005,
President Gloria M. Arroyo signed Executive Order No. 468 revitalizing the VPA
Program of the PPA to strengthen community involvement and participation in crime
prevention, treatment of offenders and the administration of criminal justice. This
Executive Order provides the coordination among government agencies, non-
government organizations and people’s organizations specifically under Section 3
which states:
“The PPA shall coordinate with other government agencies, non-government

organizations and people’s organizations that are involved in developing programs
related to volunteerism for the purpose of developing programs and attaining
programs impact and synergy. Specifically, the support and cooperation of the
Philippine National Volunteer Service Coordinating Agency, the Department of the
Interior and Local Government, the Philippine National Police Commission, the Liga
66
ng mga Barangay, the Department of Social Welfare and Development, the
Department of Justice, among others, shall be tapped for the foregoing purpose.
How do the VPAs differ with other volunteers?
VPAs differ from other volunteers in that the former perform a highly specialized
supervision service which directly have impact on the behavior of the clients. They
serve as strengths and role models in ushering the reformation and treatment of
offenders who are members of their own communities.
Do VPAs replace the full-time staff of the PPA?
No, the VPAs are not intended as replacement for full-time paid staff. However, their
participation as part of a team under supervision will enhance the rehabilitation
prospect of offenders by helping them in looking for jobs, schooling, training
opportunities and other activities. Their work as volunteers will also give them a more
favorable attitude toward corrections, and they will be in a better position to exert
positive influence in developing favorable community attitudes towards the problems
and needs of the offenders.
What are the characteristics of VPAs?
• Give continued affection to the client, even when specific behavior is

unacceptable and build on whatever good points there are.
• Introduce new positive experiences into the client’s life.
• Be aware of the primary responsibilities to PPA and client.
• Respect confidentiality
• Honor all commitments and be on time for all appointments
• Consult with the PPA staff if in doubt on any matter.
• Keep PPA staff informed of any important change in client’s situation or of any
significant incident.
• Be a good behavior model for the client in action and word.
• Participate enthusiastically in volunteer meetings and training sessions.
• Believe that human beings can change their behavior patterns since the
primary objective is to help the client’s reentry into society.
What is the term of service?
The VPA shall be appointed for two (2) years by the Administrator through the
Community Services Division and the National Screening Committee subject to
renewal/revocation thereafter, upon the recommendation of the Regional Director.
What are the functions of the VPA?
67
1. Work in close coordination and cooperation with the Supervising Officer.
1. Keep all information about the supervisee in strict confidentiality.
2. Maintain an honest recording and monthly reporting of activities to the
Supervising Officer.
3. Devote a substantial and quality time for supervision of clients and
perform the following tasks:
4. Offer guidance and counseling
5. Act as job placement facilitator
6. Implement treatment objectives as provided for in the program of
supervision
7. Refer to corresponding agencies clients with spiritual, mental, social,
emotional, economic, physical or health needs
8. Act as resource individual
What are the roles of the VPA?
The role of the VPA may be classified into two categories:
1. As Direct Supervisor who undertakes the following:

1. Supervise a maximum of five (5) clients at any given time
2. Work closely with officer-on-case and Chief Probation and Parole
Officer/Officer-in-Charge and discuss treatment plan and status of
clients
3. Submit monthly accomplishment reports to officer-on-case or Chief
Probation and Parole Officer/Officer-in-Charge and other reports as
may be required
4. Perform such other tasks as may be assigned by the officer-on-case or
Chief Probation and Parole Officer/Officer-in-Charge
2. As Resource Individual who acts as:
1. Resource Speaker on Volunteerism, Restorative Justice, Therapeutic
Community and other topics
2. Counselor to other clients/people who need help
3. Donor, sponsor or referring person
4. Program coordinator of client activities
5. Mediator, Restorative Justice implementor, Therapeutic Community
facilitator
How important are VPA organizations?
The establishment of local and national level VPA organizations is of vital importance
for effective promotion, utilization and sustainability of the VPA program. The basic
purpose of establishing a VPA organization is to provide a support group for the
individual VPA members that can cater to their needs such as training, gathering of
resources, etc., as well as those of the clients. The vision is to have an empowered
VPA organization that will eventually be able to function independently and provide
for its own needs. Most of the activities related to the rehabilitation of clients are done
68
at the unit level. It is therefore necessary to have a volunteer organization at this level
to foster the spirit of community membership.
RATING GUIDE
(This Rating Guide will be utilized in scoring individual output and performance. Take time to
read and understand the content of the rating guide.)
NEEDS
CRITERIA EXCELLENT SATISFACTORY
IMPROVEMENT
CONTEXT / IDEAS
The ideas are full, There are ideas but There is no idea and
Include verifiable
detailed and well not detailed and collaboration at all.
ideas and
elaborated. slightly elaborated.
elaboration of
(10 Points) ( 8 Points) (6 Points)
answers.
ORGANIZATION
The ideas are well The ideas are slightly The ideas have not
Include
organized and organized and has organized and
chronological
presented. good presentation. presented.
presentation of
(5 Points) ( 4 points) (2 Points)
ideas.
GRAMMAR AND There are no There are slight There are lots of
PUNCTUATION grammar errors, an grammar errors, has grammar errors and
Include correctness excellent choice of good choice of words poor choice of words.
of grammar, choice words and and some misuse of Punctuation marks
of words and use of punctuation marks are punctuation marks. are inappropriately
appropriate appropriately used. used.
punctuation marks. (5 Points) (3 points) (2 Points)
TOTAL SCORE
Rated by: _______________________________ Date Rated: ___________ Score: _______
69
LEARNING EXERCISES/ACTIVITIES:
1. Enumerate the objectives of the probation law and its purpose.
__________________________________________________________
__________________________________________________________
2. What are the conditions of probation of the court?

__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
3. When executive clemency was given and who are authorized to give?
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
70
REFERENCES
A. Books
Dolinen-Gahar L., (2012). Handbook on Non-Institutional Corrections (First Edition)Rex

Books Store, Inc and Linnet Dolinen-Gahar.
Guerrero. B. B., (2013). Non-Institutional Corrections (Community-Based

Correction) KATHA Publishing Co.,Inc and Brian B. Guerrero.
Mercedes A. Foronda (2007). Correctional Administration (Non-Institutional

Corrections). Quezon City: Wiseman’s Books Trading.
Revised Rules and Regulation of Board of Pardon and Parole
Board of Pardons and Parole Resolution No. 24-4-10
http:probation.gov.ph
Presidential Decree No. 968
Republic Act No. 9344
Mercedes A. Foronda (2007). Correctional Administration (Non-Institutional

Corrections). Quezon City: Wiseman’s Books Trading.
B. Electronic Research
https://www.bigwas.com/2014/09/non-institutional-corrections.html
https://prezi.com/a-rb1zzssugo/non-institutional-correction/
https://www.scribd.com/presentation/321222934/Copy-of-Non-Institutional-
Corrections-CA-2
https://www.coursehero.com/file/49528028/non-institutional-correction-2doc/
71
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CA 2

To the School Administrators of Goldenstate College, Dr. Warren A. Manilay,

➢ Distinction of bail bond from a recognizance

1. Students must provide notebook and ballpen for note taking.

2. Students must mute his / her speaker as the discussion started.

5. Make sure that everybody is ready for the session.

6. Be on your well-mannered position, lying or sleeping position is not

7. Eating during online class is not allowed.

Hands-Up emoticon to acknowledge your questions.

A study of probation, parole, diversion, pre-trial release, and intermediate

Special emphasis will be placed on exploring the development of community

1. The student will obtain a basic understanding of community corrections

Introduction to Community-Based Correct.

Non-institutional corrections or community-based corrections are considered

The idea behind non-institutional correction programs is that most offenders

2. Offenders under non-institutional correction are more likely than prison-

3. Non-institutional corrections programs do not expose offenders to the

Community-Based Correction Programs

1. Probation is a disposition, under which a defendant, after conviction and

2. Parole is a conditional release from prison of a convicted person upon

3. Pardon is a form of executive clemency which is exercised exclusively by

Other Community-Based Correction Programs

A. Government Entities Responsible for Community-Based Corrections

B. Expected Advantages of Community-Based Corrections

E. Community-Based Correction as an Alternative to Institution-Based

Status of Bureau of Correction

F. Contemporary Issues and concerns on Community-based Correction

Effectiveness of Community-based correctional Programs

Learning Exercises / Activities.

Identify what is referred to in the following:

TEMPORARY RELEASE OF DETAINED PERSON

Meaning of Detention/Custodial Center, Detainee, and Detention Prisoner

Detention as defined by the Philippine National Police is a restraint of personal liberty

Detention Prisoner refers to a person arrested due to the commission of a

Basis of Temporary Release of a Detained Person

1. Under the 1987 Philippine Constitution:

2. Under the Rules of Court:

Definition, Concept, and Purpose of Bail

Different Forms of Bails

It may be given in the form of:

1. Corporate Surety — Any domestic or foreign corporation, licensed as a surety in

2. Property Bond — A property bond is an undertaking constituted as lien on the real

When is Bail a Matter of Right?

When is Bail Discretionary?

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

2. That he has previously escaped from legal confinement, evaded sentence, or

Guidelines or Factors to be Considered in the Fixing of the Amount of Bail

1. Financial ability of the accused to give bail;

2. Nature and circumstances of the offense;

3. Penalty for the offense charged;

4. Character and reputation of the accused;

5. Age and health of the accused;

6. Weight of the evidence against the accused;

7. Probability of the accused appearing at the trial;

8. Forfeiture of other bail;

Where Bail may be filed?

Duties of Trial Judge in the Conduct of Hearing if Bail Application is filed

The hearing of an application for bail should be summary or otherwise in the

Policies Concerning the Effectivity of the Bail of the Accused

Reasons why the Constitution Prohibits the Imposition of Excessive Bail

Rated by: _________________________ Date Rated: _ Score: ___