DEFINITION OF TERMS

COAD I & II

EXILE OR BANISHMENT- The first penalty ever imposed. This was imposed by god to evil rebels lead by
lucifer by throwing them out of the heaven. Second, when adam and eve AD broke the law of god, they
were thrown out from the garden of eden.

MARK OF CAIN- The "Mark of Cain" that God placed on the brow of cain was a punishment for killing his
brother Abel and this made him a wanderer in the face of death, as well as cursed his children for the
crime he committed.

GREAT FLOOD AND DISTRUCTIVE FIRE- Examples where God punished groups of people for gross
violating God's law. This were the great flood which covered the biblical world, wherein it rained for forty
(40) days and nights, and only Noah, his family as well as the animals that were in the Ark survived and
the destruction of fire and brimstone at Sodom and Gomorrha.

LAW OF VENDITTA- Retribution, personal vengeance or revenge. This was the ancient justification of
punishment. Hence, a family whose member was murdered by a member of another family entitled a
member of the aggrieved family to kill the killer of their relative. This resulted to endless killing, which
will destroy the two warring families, clan or tribe.

HAMMURABIC CODE- The oldest written penal law that stopped the ancient practice of retribution or
personal vengeance, and punishment became the responsibility of the state. This was promulgated by
the king Hummurabi of Babylon (circa 1800 B.C.). It instituted the law of the talon (lex taliones), meaning
the state will out punishment equally, as an "eye for an eye or tooth for a tooth".

CAPITAL PUNISHMENT IN PRIMITIVE SOCIETY- The most common punishment were death through
physical torture, mutilation, branding, flying, crucifixion, beheading, hanging, impaling, drowning and
burning, boiling in hot oil and by throwing to wild beast.
IRON MAIDEN- Was a hollow form shaped like a human and made of iron braced with iron strips used in
torturing suspect to admit the crime he committed. In this process, the more he denied, the more he will
sacrifice to death.

MILK AND HONEY- Mithridates, the Persian general was tortured to death in this way. He was encased in
a box from which his head, hands and feet protruded, forcibly feed with milk and honey, which was also
smeared to his face, and then exposed to the sun for seventeen days. Through this, he suffered a
horrible condition until he had been devoured alive by insect and vermin which swarmed about him and
bred with him.

CAPITAL PUNISHMENT IN MODERN SOCIETY- The recent punishment commonly applied were lethal
injection, gas chamber, life sentence, imprisonment, electrocution, asphyxiation, shooting and
beheading. Electrocution was the first used at the Auburn State Prison in the New York State on August
6, 1890.

ROBERT CALDWELL- Author of the Book " Criminology" described flogging as whipping the culprit with a
whip called "cat of nine tails" in a public plaza, while branding was burning with red hot iron the first
letter of his offense on his forehead or hand.

TRANSPORTATION- means the removal of the convict from his country to another, usually, a penal
colony, there to remain under some restraint for a prescribed period.

EVOLUTION OF CORRECTIONAL INSTITUTIONS

ST. BRIDGET'S WELL- also called as Bridewell, is the first house of correction constructed in England
about the year 1552. This was intended for locking up, employing and whipping beggars, prostitutes and
night walkers of all sorts.

GAOLS- are poorly constructed, unsanitary, damp, drafty or airless, gloomy dungeons, foul smelling
places of detention in England in early eighteen century. In this place, the inmates are poorly clothed,
without privacy, and the conditions so deplorable that diseases thrive.
PENITENTIARY ACT OF 1779- An act that mandated the establishment of a prison system based on
solitary confinement, hard labor and religious instruction. This ws authored by SIR WILLIAM
BLACKSTONE.

JOHN HOWARD- is a grim and conscientious English Puritan who crusaded for a better and humane
treatment of prisoners, even risked his life in entering the terrible airless, gloomy gaols and dungeons.

HULKS- are old sailing ships that are no longer used for sea voyages or naval operations, but are
anchored in some English port, where they were used as prison or places of confinement of convicted
criminals.

THE PANOPTICON - is a building plan made by Jeremy Bentham, a noted English exponent of the classical
school of criminology which called for a tank-like structure, covered by a glass roof. The cells were
arranged around a central apartment from which the custodians could keep all cells under closed
supervision. This was never built, inspite of a contract with the English authorities for its construction at
state expense.

MILL BANK PENETENTIARY- was huge, gloomy and many towered prison, which looked like a thick-spoke
wheel, containing (3) miles of corridors and hundreds of cells. The cost was at the time (1812-1821) was
nearly two million five hundred (2,500,000,00) dollars. This was made possible due to the efforts and
revelations of the terrible conditions of English gaols by crusader John Howard.

SIR WALTER CROFTON- He introduced the Irish system. Under this system, the prisoner is meted out an
indeterminate sentence rather than fixed penalty. The provision of stages by means of which, the
prisoner was able to work his way for release by means of his own efforts. This philosophy was
developed by Alexander Maconochie, Superintendent in the penal colony at Norfolk Island who
introduced the progressive system to substitute corporal punishment. He introduced the ticket leave
system which is now equivalent to parole.

IRISH SYSTEM- Also called the progressive system where the prisoner was on solitary confinement for 9
months with reduced diet and monotonous work. Later, the prisoners works for promotion thru series of
grades.
IN ANANCIENT AMERICA-Prior to the revolution , the colonies were governed by barbaric penal codes
derived from England. William Penn's colonies of pennsylvania was influenced greatly by the philosophy
of the society of friends or the quakers. No corporal punishment was resorted to and recognized no
capital offense except premeditated murder.

WALNUT STATE PRISON- Otherwise known as Walnut street jail is the first prison in the United States
which was constructed in Philadelphia. It established the principles of solitary confinement by the
construction of additional building which house the worst type of prisoners in separate cells. The long
term prisoner's wing of this jail was built with individual cells. Each inmate lived, worked, and ate in
solitary confinement. During confinement, prisoners were supposed to think about their offense and
become penitent for their sins.

EASTERN STATE PENITENTIARY- The innovations introduced at Walnut Street Jail influenced prison
architecture and correctional philosophy in America. For example, Pennsylvania's Eastern State
Penitentiary, built in the early 1800's was arranged so that inmates would be completely isolated from
each other. "Isolation prisons" were eventually abandoned in the united states because they were
expensive to build and difficult to manage.

AUBURN STATE PRISON- this prison was inaugurated in 1819 in Auburn, New York, after the conditions at
Newgate Prison in New York, has become intolerable. The Auburn system is characterized by locking the
inmates in separate cells at night but worked together in enforced silence in congregate workshops
during the day.

SINGSING PRISON- It was also built by Warden Elan Byrd at the Hudson River in 1825. Most of the
inmates at auburn prison were transferred here.

NEW YORK HOUSE OF REFUGEE- The first juvenile reformatory which was opened in January 1825 and
located in New York City, its purpose was to protect children from degrading association with hardened
criminal in the country and state prison. Boston, founded its house of refuge in 1826 and Philadelphia in
1828. New Orleans erected its Municipal Boys' Reformatory in 1845 and Massachussettes in 1847.

MACONOCHIES' MARK SYSTEM- The fundamental principle of this system is by reduction of sentences
vis-a vis proper deportment, labor and study. This was introduced by Captain Alexander Maconochie of
the English Royal Army.
ELMIRA REFORMATORY- A prison constructed like a typical Auburn System in New York which was
opened in 1876. This reformatory housed youthful offenders between 16-30 and were first offenders.
Differing from typical prison were features like Indeterminate Sentence and Prisoners could be released
on Parole depending on the his conduct and performances inside prison.

THE BORSTAL INSTITUTION - Exclusively for male offenders between 16-21 applying individualized
treatment.

PHILIPPINE CORRECTIONAL SYSTEM

The Philippine correctional system has 2approaches namely: Institution and Non- Institution- Based
Correction.

The Institution -Based Correction has 3 Levels - National, Provincial and Sub-Provincial, District and City
and Municipal Level while the Non-Institution or Community-Based Correction has Probation, Parole,
Conditional Pardon and Release on Recognizance (ROR)

INSTITUTIONAL BASED CORRECTION:

Presently, there are Executive Department that are involved in correction which supervises and controls
the numerous institutional facilities nationwide which provide incarceration and rehabilitation of
offenders. These are: Department of Justice, department of the Interior and local Government and
Department of Social Welfare and Development.

NATIONAL PRISON AND CORRECTIONAL INSTITUTIONS

The Bureau of corrections headed by a non-uniformed Director under the department of justice
supervises and controls the National prisons. These Facilities housed convicted offender whose prison
terms range from 3 years, 1 day to life imprisonment and those sentence for capital punishment and
waiting the final date of their execution.
BUREAU OF CORRECTIONS:

Under the new Administrative Code of 1987, the Bureau of Correction shall be headed by a Director who
shall be assisted by 2 Assistant Directors, One for Administration and Rehabilitation and One for the
Prison and Security.

The Director and Assistant Directors of the bureau shall be appointed by the president upon the
recommendation of the secretary of justice.

BILIBID PRISON- the first prison ever constructed in the Philippines, by virtue of Royal Decrees by the
king of Spain.

Formerly, known as "NATIONAL PENITENTIARY" is located in the city of manila. The construction was
started in 1847 and was inaugurated in 1865.

BILIBID PRISON served as national penitentiary up to November 1943, when transferred to Munitilupa
for exchange of property between the government of the City of Manila and the Bureau of Prisons.

Presently, this facility in name Manila City Jail under the stewardship of the Bureau of Jail Management
and Penology.

NEW BILIBID PRISON- the new Bilibid Prison is officially the "National Penitentiary" as provided in the
Revised Penal Code (Art.84). Being the main prison, it receive all commitment of convicted offenders
from all parts of the country after being sentenced by the respective courts.

It houses most of the Maximum Security Prisoners. It has also 2 satellite Camps - The Bukang Liwayway
Camp (Minimum security Camp) housed prisoners which has 6 months or less to stay and they will be
released. Sampaguita (Medium security Camp) which housed prisoners sentenced to not more than 20
years.
SAN RAMON PRISON AND PENAL FARM- with an area of 1,524.6hectares, San Ramon Prison and Penal
Colony and Farm is located in Zamboanga City. It was established by the Spanish authorities for the
purpose of housing prisoners from the Mindanao and Sulu sometime in 1869. The biggest source of
income of the Bureau of Correction came to this colony.

IWAHIG PENAL COLONY- this is a minimum security or open institution with an area of 36,000 hectares
which was established in 1904. This is located in Puerto Prencessa Palawan. The maincolony is at Sta
Lucia sub colony,with Inagawan, Montible and Central Sub-colony, is devided into 6 hectares homestead
parcel lots, and released to the inmates who wants to live in the settlement with his family will awarded
to him.

CORRECTIONAL INSTITUTE FOR WOMEN- with the approval of Act. No. 3579, on November 27, 1929, the
Correctional institute for Women also known as the Correctional Women institute was establish in 1931
on an 18 hectares parcel of land located at Nueve de Pebrero Street, Mandaluyong Metro, Manila.

DAVAO PENAL COLONY- the Davao Penal Colony with an area of 18, hectare is located at Pnabo, Tagum
and Kapulong towns, Davao del Norte. This was opened and established in January 21, 1932. The
Colonyhoused both medium and minimum security prisoners who work in the abacca and banana
plantations under armed escort.

SABLAYAN PENAL FARM- with an area of 16,408.5 hectares, it is located in the Municipality of sablayan,
Occidental Mindoro was opened in 1954 by virtue of Proclamation No. 72.The rationale for its opening
and establishment was the overcrowding of the New Bilibid Prison.

LEYTE REGIONAL PRISON- Located in Abuyog, Leyte.

INMATE RECEPTION & EDUCATION CENTER - Formerly known as Inmate reception and Diagnostic Center
(RDC) situated inside the Sampaguita Camp. This was established by virtue of Administrative Order # 11
by the Secretary of Justice in 1953. This is a separate institution which serve as a place where scientific
diagnostic study and analysis of prisoner's personal problem, criminal or non-criminal background, as
well as the possibilities of his rehabilitation by the team of experts, are studied, evaluated and the
program of activities he will follow when he is transferred to prison institution he is assigned in
accordance with the classification he is classified - whether as maximum, medium or minimum security
prisoner.

PROVINCIAL AND SUB-PROVINCIAL JAIL- the provincial jail system was first established in 1910 under the
American regime. Each of the 76 provinces has a provincial jail which is under the supervision and
control of its respective Provincial government and headed by a Provincial Jail Warden. To solve the
problems of congestion in the provincial jail, 21 provincial governments have constructed their
respective sub-provincial jails to house prisoners whose prison terms range from 6 months, 1 day to 3
years and the court detainees.

Under the local government code, the provincial jails were placed under the effective Jurisdiction of the
Department of the interior and local government (DILG).

DISTRICT, CITY AND MUNICIPAL JAIL- A District is composed of at least 5 adjacent municipal jails which
have an average monthly population of not less than 10 offenders and usually located near the courts. It
also admits offender from nearby congested jails.

CITY JAIL- house prisoners whose sentences range from 1 day to 3 years and other detainees awaiting
judicial disposition of their cases.

THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY- came into existence pursuant to Republic Act #
6975, which took effect on January 2, 1991. Apparently, this upgraded version of its forerunner, the
Office of the Jail Management and Penology which was created as a special staff of the defunct PC/INP
set-up on January 16, 1976. As mandated by law, the BJMP shall operate under the DILG as a line Bureau,
which exercise jurisdiction over all City/District and Municipal jails nationwide to ensure a secured, clean
and adequate equipped and sanitary place for custody and safekeeping of offenders

uipped and sanitary place for custody and safekeeping of offenders

DEFINITION OF TERMS:
CLASSIFICATION-is a method by which diagnosis treatment planning and execution of treatment are
coordinated in the individual case. It is a process for determining the needs and requirements if those for
whom correction has been ordered and for assigning them to program according to their needs and
existing resources.

COMMITMENT ORDER- a written order of the court or authority consigning prisoner/offender/inmates

to jail for confinement.

CONTRABAND- anything that enters a jail/prison in violation of its rules or which inmate is prohibited to
posses.

DETAINED OR DETENTION PRISONER/ DETAINEE- a person who is detained for the violation of law or
ordinance and has not yet convicted.

DETENTION CENTERS- a holding facility for juvenile offenders, aged, drug addicts and alcoholics.

CORPORAL PUNISHMENT- physical injury inflicted on the body of a person particularly on one convicted
of crime.

DEGREE OF CUSTODY - extent of strict keeping or charges for person in confinement.

CRUELTY- it is a wanton, malicious and unnecessary infliction of pain upon the body of feelings and
emotions.

DIAGNOSTIC TREATMENT- the process of treatment of a person after determining by examination or

study the nature and circumstances of his diseased condition. The decision reached from such an
examination.

ESCAPE PRONE PRISONER- a prisoner having the natural inclination or tendency to evade custody against
the will of custodian or from the place where his lawful custody or confinement.
ESCAPE - an act of getting out unlawfully from confinement or custody by an inmate

ESCAPEE- refers to inmate who, by his act getting out unlawfully from confinement.

FUGITIVE FROM JUSTICE - is one who flees after conviction to avoid punishment, as well as one who,
after being charged, flees to avoid prosecution.

INSTRUMENT OF RESTRAINT- mechanical device or contrivance, tools or instrument used to hold back,
keep in check or under control. E.g. hand cuff and leg iron

GUIDANCE COUNSELING- to lead or direct in any course of action worthy to be followed, suggestions
given by a trained person to one considered in need of guidance.

INMATE - either a prisoner or detainee confined in jail

INMATE'S COUNTING - is a part of institutional procedure that at specified time during each 24 hrs
period, all inmates are accounted for.

JAIL - a place of confinement for persons awaiting court action and the convicted offenders serving short
sentence.

LOCK-UP- a security facility operated by the police units for temporary detention of persons hold for
investigation.

METTIMUS- a warrant issued by the court bearing its seal and the signature of the judge, directing the
jail /prison authorities to receive the convicted offender for service of sentence.
PRISONER- a person confined in jail to serve a prison sentence after conviction by a competent court or
authority.

PENETINIARY - refers to a place where both crimes and sin could be atoned for penitence to produced
through labor, mediation and communion with god.

PENALTY - is the suffering that is inflicted by the state for the violation of law. Penalty in general sense,
signifies pain. In the judicial sphere, a suffering undergone, because of the action of human society, by
one who commit crime.

PENOLOGY - a branch of criminology which deals with the management and administration of inmates.

SAFEKEEPING - the temporary custody of a person for his own protection or care from liability to harm,
injury or danger

REFORMATION- The act of restoring to a good condition, re-established in good reputation or accepted
responsibility, restore to a formal standing rank, right or privileges.

INSULAR PRISONER - a person who is sentenced to a prison term of more than 3 years or pay a fine of
more than 1 thousand pesos.

SENTENCED PRISONER - a person who is convicted by final judgment

CITY PRISONER - a person who is sentenced to serve imprisonment for not more than 3 years and a fine
of not more than 1 thousand pesos

MUNICIPAL PRISONER - a person who is sentenced to serve imprisonment for not more than 6 months.
DEVIATES - a person commits abnormal sex practices, sometimes caused by physical , glandular and
mental defects.

SICK CALL - the time when prisoner affected with any disorder or health, or is ill, shall report to the
physician for treatment or examination.

STAIGHT JACKET - an outer covering or coat designed to be fastened about the body for the purpose of
restricting the movement of a boisterous or unruly person.

TATTOOING - the act of picking and making mark patterns on the skin with indelible pigments.

RECIDIVISM - is state of person being called recidivist. A recidivist is one who, at the time of his trail for
one crime, shall have been previously convicted by final judgment of another crime embraced in the
same title of RPC.

REHABILITATION - a program of activity directed to restore inmate's self respect thereby making them a
law abiding citizen after serving sentence or upon release.

SUICIDE RISK- a person prone to taking his own life

CORRECTIONS- is that branch of administration of justice charged with the responsibility for the custody,
supervision, and rehabilitation of the individuals.

WORK HOUSE , JAIL FARM- minimum custody offenders serving short sentences with constructive work
program.

QUARANTINE UNIT- a unit where new prisoner or section of IREC formerly know RDC where the prisoner
is given thorough examination including drug test.
IREC- refers to inmate reception and education center. RDC- refers to reception and diagnostic center. A
special Unit where new prisoner undergo diagnostic examination, study and observation for the purpose
of determining the program of treatment and training that suited for their needs.

CUSTODY- defined as guarding or penal safekeeping.

CONTROL- involves supervision of prisoner to insure punctual and orderly movement to and from
dormitories, places of works, hospitals, recreational facilities, in accordance with the daily schedule.

DISCIPLINE- continuing state of good order and behavior

RETRIBUTION- punishment of the offender was carried out in the form of personal vengeance.

PUNISHMENT- redress that the state against an offending member.

EXPIATION - punishment in the form of group vengeance.

DETERRENCE - punishment that gives lesson to the offender

PROTECTION - by placing offender in prison in order that society maybe protected from further criminal
degradation of criminal.

COMMUNITY- a group of people living together under common purpose and objectives

AUBURN PRISON SYSTEM- a prison system that applied solitary confinement of prisoners in their cells
during the days and nights.
R.A. 6036- is a law issued to decongest the jail by not requiring bail to a person charge with the violation
of municipal or city ordinance or alight felony and or a criminal offense where the prescribed penalty is
not higher than 6 months imprisonment or a fine of two thousand pesos.

RA 6127- is a law that grants full time credit under certain conditions of offenders who have undergone
preventive imprisonment in the service of their sentence.

Probation Law PD 968, as amended by PD 1257- This law provides that an accused may file a petition for
probation after the imposition of the sentence by the court but before the accused shall have started
serving sentence. Under certain conditions.

HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED?

By the death of convict

By service of sentence

By amnesty

By absolute pardon

By prescription of the crime

By prescription of the penalty

By the marriage with the offended woman in rape case.

WHAT ARE THE KINDS OF PARDON? DISTINGUISH EACH?

Absolute pardon- is a type of pardon that has no condition attached to it

Conditional pardon- is a type of pardon with conditions attached to it.

DISTINGUISHED AMNESTY AND PARDON?

Pardon- includes any crime and is exercised individually by the president. Is exercised when the person
already convicted.

Amnesty-is a blanket pardon to classes of persons or community who may be guilty of political offenses.
May exercised even before trial or investigation.

Pardon- looks forward and receive the offender from the consequences of the offense of which he has
been convicted that is abolishes or forgives the punishment.

Amnesty- looks backward and abolishes and puts into oblivion the crime itself

Pardon- being private act of the president must be pleaded and proved by the person pardon.

Amnesty- being proclamation by the chief executive with concurrence of the congress.

SUPER SECURITY PRISONERS- this is a group of prisoners composed of incorrigible, intractable and
dangerous persons who are so difficult to manage that they are the source of constant disturbance even
in a maximum security institution. This requires a super maximum type of institution , nevertheless, it is
not practical to build a special separate institution for this type of offenders because heavy custodial
restraints requires a large employee inmate ratio and the smallness of about practical way therefore is to
build a special super security facility within the compound of a maximum security institution.
MAXIMUM SECURITY PRISONERS- this group consist of chronic troublemakers but not as dangerous as
the super security prisoner. Their movement is restricted and they are not allowed to work outside the
institution but rather, are assigned to industrial shops within the prison compound. They are house in a
maximum Security institution.

Maximum Security institution is geared to the fullest possible supervision control and surveillance of
inmates. Design and program choices optimized security. Building bad policies restricts over
environment. Thick wall encloses the institutions are also characterized by high internal security and
operating regulations that curtail prisoner movement and maximize control.

MEDIUM SCURITY PRISONER- these are the prisoner who may be allowed to work outside the fence of
the institution under guard escorts. Generally, they are employed as agricultural workers.

Medium Security Institution are designed to confine individuals where they can be observed and
controlled, perimeter security consists of double cyclone fences, the top portions are provided with
barbed wire. Tower security is maintained by locks, bars, and concrete walls clear separation of indoors
and outdoors.

MINIMUM SECURITY PRISONERS- this group belongs to prisoners who are already trusted to report to
their places of work assignment without the presence of guards. They are free to move around, subject
only to curfew hours during night time.

NON-INSTITUTIONAL BASED CORRECTION- includes all correctional activities that take place in the
community. Community based correction programs embrace any activity in the community directly
addressed to the offenders and aimed at helping him to become a law-abiding citizen. This is a better
substitute for the traditional institutional corrections. The significance of this approach are:
Humanitarian Aspect, Restorative Aspect and Managerial Aspect

What is the first Probation Act- Probation Act No. 4221 but was declared unconstitutional for it encroach
the pardoning power of the president and denies equal protection of law.
What is the old Probation Law- PD 968 as amended, otherwise known as probation law of 1976. Sec. 4 of
PD 968 was amended by PD 1990. To make an appeal and probation mutually exclusive remedies. The
filling of application for probation deemed a waiver of right to appeal. Before PD 1990 took effect on July
16, 1990, the accused is not disqualified or barred from applying for probation even if he has perfected
an appeal from judgment of conviction rendered against him or his appeal there from was unsuccessful.

Probation is a privilege, not a right. It is not demandable as a matter of right by the defendant. Its grant
depends upon the discretion of the court. No person shall be placed on probation except upon prior
investigation by the probation officer and determination by the court that the ends of justice and the
best interest of the public as well as the defendant will be served thereby.

PROCESSES OF PROBATION:

Application for probation with the convicting and sentencing court.

Determination of the eligibility of the applicant

Sending application from the court to the office of probation

Conduct of post-sentence investigation

Submission of report from probation office to the court

Court decide whether to grant or deny the application

WHO MAY APPLY PROBATION?

A convicted offender:
-Sentence to serve of an imprisonment of not more than 6 years

-Not convicted of any crime against the national security and public order

-Not previously convicted by final judgment of an imprisonment of not less than 1 month and 1 day or
fine of not less than 200.00.

-Not having been on probation under the provision of PD 968.

WHEN TOAPPLY PROBATION?

After conviction and sentenced, a convicted offender or his counsel may file a petition for probation.

WHERE TO APPLY PROBATION?

The presiding judge of the court.

PAROLE- is governed by the indeterminate sentence law, also known as Act No. 4103. This law was
subsequently amended by Act No. 4225 and later by Republic Act No. 4203.

This refers to the conditional release of an offender from penal institution after he has served the
minimum period of his sentence under the continued custody of the state under conditions that permit
his reincarceration if he violates a condition for his release.

WHO ADMINISTERED PAROLE IN THE PHILIPPINES?

-The parole and probation administration.

WHEN TO APPLY PAROLE?

Upon proving that the prisoner, who is confined in jail or prison to serve an indeterminate prison
sentence has served the minimum period of said sentence.

WHERE TO APPLY PAROLE?

The executive Director of the Chairman Board of Pardons and Parole, DOJ Agencies Bldg., Diliman,
Quezon City.

WHAT IS THE BOARD- Refers to the board of Pardon and Parole

COMPOSITION OF THE BOARD OF PARDON AND PAROLE:

1. Chief Justice ---------Chairman

2. Clergy man------------- member

3. Psychologist------------ member

4. Educator---------------- member

5. Expert in correction--- member

6. Psychiatrist----------- member

7. PPA Director -------- Ex officio member

WHAT IS PARDON- is an act of grace of the chief executive. This does not work for the restoration of the
rights to hold public office, of the right to suffrage, unless such right was expressly restored by the terms
of pardon.

KINDS OF PARDONS ARE: Absolute and Conditional Pardon. Absolute pardon is granted by the president
without condition while the Conditional pardon usually granted and imposed to applicant who has
served a portion of his sentence with parole conditions.

WHAT IS EXECUTIVE CLEMENCY- refers to Commutation of sentence, absolute pardon and conditional
pardon.

Who grant the executive clemency- The president of the Philippines upon the recommendation of the
Board of Pardons and Parole.

Who may apply executive clemency- A prisoner not eligible for parole, who has not violated any
condition of his discharge on parole or conditional pardon, and is not suffering from mental illness or
disorders as certified by the government psychiatrist.

WHEN TO APPLY?

-For commutation of sentence-

1. once the prisoner has served at least 1/2 of the maximum of indeterminate sentence.
2. At least 10 yrs for prisoners sentence to 0ne (1) life or reclusion perpetua for offenses not punishable
by RA 7659.

3. At least 12 yrs for prisoners whose sentence were adjusted to 40 yrs.

4. At least 15 yrs for prisoners convicted heinous crime

5. At least 17 yrs for prisoners sentenced to 2 or more life or reclusion perpetua.

6. At least 20 yrs for prisoners convicted for death which automatically reduced to life or reclusion
perpetua.

FOR CONDITIONAL PARDON- Once the prisoner has served ½ of the maximum of indeterminate sentence
or of definite prison term.

FOR ABSOLUTE PARDON- The prisoner should have serve the maximum sentence or granted final release
and discharged or court termination of probation . However, the Board may consider the petition for
absolute pardon even before the grant of final release or discharged under the provision of sec. 6 of act
No- 4103, as when the petitioner : 1. Seeking an appointive/ elective public position or reinstatement in
the government service; 2. will take any government examination; 3. Is emigrating, provided the
petitioner shall submit an approved immigrant application.

WHERE TO APPLY EXECUTIVE CLEMENCY?

The president of the Philippines, through the chairman, Board of Pardons and Parole, Manila.

DEFINITION OF TERMS:
AMNESTY- is a general pardon extended and granted to a groups of law violators, usually those who
committed political crimes, with the concurrence of the law making body. This maybe granted before,
during trial or after conviction.

BAIL- is the security required by the court and given by the accused to ensure that the accused appears
before the proper court at the scheduled time and place to answer the charges brought against him or
her.

PROBATIONER- means person placed on probation

PROBATION OFFICER- means one who investigates for the court a referral for probation or supervises a
probationer or both.

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

PAROLE- refers to the conditional release of an offender from penal or correctional institution after he
has served the minimum period of his sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violates a condition of his release. Parole in the
Philippines is administered by the Parole and probation administration.

CONDITIONAL PARDON- is the clemency granted by the Chief Executive to the accused after conviction
and upon the recommendation of the Board of Pardons and Parole subject to certain conditions.

TWO KINDS OF PARDON ARE:

Absolute Pardon- is granted by the Chief executive without conditions of any kind.

Conditional Pardon- Usually granted and imposed to applicant who has served a portion of his sentence
with conditions.
RELEASE ON RECOGNIZANCE (ROR)- It is a simple obligation personal obligation or undertaking entered
into before a court and having no money penalty attached. This is one form of bail aside from cash,
property and surety bond.

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