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INSTITUTIONAL
AND
NON-INSTITUTIONALIZED
CORRECTION
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Page 1 of 65
House Bill No. 393
– filed by Teudolo C. Natividad and Ramon

Bagatsing. This is the second Bill/measure that
attempts to established an adult probation in
the Philippines. It was passed in the lower
house but pending in the senate when martial
law was proclaimed.

Page 2 of 65
The present probation law:
Presidential Decree 968

– Probation Law of 1976
- This was signed into law by then President
Ferdinand Marcos on July 24, 1976 during the
last day of the first national conference on
Crime Control held at Camp Aguinaldo.

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January 3, 1978 – effectivity of the
application of the substantive provisions
concerning grant of probation.
Teudolo C. Natividad – former NAPOLCOM

commissioner and former Congressman of
Bulacan.
- Known as the “father” of Probation in
the Philippines.

Page 4 of 65
Application for Probation
- The application for probation shall be filed by

sentenced or convicted offender whose
sentence is not more than 6 years
imprisonment. It shall be filed with the court
that tried and sentenced the offender.
- Section 32, RA 6425 (Dangerous Drug Act of
1972) Probation is granted to drug addicts.

Page 5 of 65
- PD 603, amended by PD 1179 (Child &
Youth Welfare Code) probation to minor
offenders.
- PD 968 was approved only on July 24, 1976
and became operational on January 3, 1978.
Sentenced offenders 18 years and above can
apply probation before serving sentence.
- The first probation in 1937 was declared
unconstitutional because it covers only
provinces that can financially afford to adopt
the law.

Page 6 of 65
Petition for Probation
Is there a need to apply for probation to

avail of its benefits?
- Yes, it will not be granted except upon the

application by the accused. The necessity for
such application is indicated in Sec. 4, PD 968,
which states that “the trial court may, after it
shall have convicted and sentenced a defendant
and upon application by said defendant within
the period of perfecting an appeal….

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When can a petitioner file his application
for probation?
- the law says that the application should be

made within the period for perfecting an
appeal or within 15 days from the
promulgation of notice of judgment.

Page 8 of 65
Is there a form prescribed for the
application for probation?
- Yes, it shall be in the form approved be the

Secretary of justice as recommended by the
Administrator or as may be prescribed by the
SC.

Page 9 of 65
Where can we file the application for
probation?
-The application for probation be filed

directly to the trial court that heard and
sentenced the person applying for probation.

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What then be the duty of the court after
receipt of the application?
- the trial court may notify the concerned

prosecuting officer of the application at a
reasonable time before the scheduled hearing
thereof.

Page 11 of 65
Procedures in Applying for Probation:
1. The offender or his counsel files a petition

with the convicting court
2. The court determines convict qualifications
and notifies the prosecutor of the filing of
the petition
3. The prosecutor submits his comments on
such application within 10 days from
receipt of the notification

Page 12 of 65
4. If petitioner is qualified, his application
is referred to the probation officer for post-
sentence investigation
5. The post-sentence investigation report
(PSIR) is submitted by the probation
officer to the court within 60 days
6. The court grants or denies the petition
for probation within 15 days upon receipt
of the PSIR.

Page 13 of 65
Effects of filing an application for Probation
a) the court may, upon receipt of the

application suspend the execution of
sentence imposed in judgment;
b) pending the submission of the PSIR and
the resolution on the application, the
applicant may be allowed on temporary
liberty under his bail, on a new bail, or
released on recognizance.

Page 14 of 65
Disqualifications for Probation
a. Those who were sentenced to more than 6 years

b. Those who were convicted of crimes against the security of
the state (Art. 134 to 157 except 135, 140 and 152 of the RPC)
c. Those previously convicted and punished of not less than 1
month and 1 day imprisonment and/or fine of not less than 200
pesos (include those punished with destierro)
d. Those who were previously granted probation under P.D. 968
e. Those who were already serving their sentence when
probation became applicable

Page 15 of 65
The Court will not grant Probation if it
finds:
a. The offender can be treated better in a

mental institution or other places for
correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of the
community

Page 16 of 65
When Probation is granted, what
conditions are imposed by the court?
a. The probationer must present himself to his

probation officer within 72 hours
b. Report to his probation officer at least once
a month
c. Not to commit another crime
d. Comply with any other lawful conditions
imposed by the court.

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If the probationer committed a crime while
under probation, what would be the
consequences?
a. The probationer will be arrested for
violation of the condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the
original sentence of the previous offense

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How long is the period of probation?
a. Not more than 2 years if the sentence is

imprisonment for 1 year or less
b. Not more than 6 years if t he sentence is
imprisonment for more than 1 year but not
more than 6 years.
Note: Probation starts upon issuance of the

court granting probation.

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When should probation be denied?
a. The offender is in need of correctional treatment

that can be provided more effectively by his
commitment to an institution
b. There is undue risk that during the period of
probation the offender will commit another crime
c. Probation will depreciate the seriousness of the
offense.

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The offender may be released pending
application for probation:
a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible member of
the community if unable to file bond

Page 21 of 65
When can the Court Modify the Conditions for
Probation?
a. at any time during supervision

b. after summary hearing when the probationer
violated any of its conditions
c. upon application by the probation officer or the
probationer himself
Note: only the judge who heard and decided the case
has the power to grant, deny, modify, revoke and
terminate probation.

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OUTSIDE TRAVEL
1. Probation officer authorized the probationer to
travel outside the area of the operation for a
period of 10 days but not exceeding 30 days.
2. If 30 days, Probation must file 5 days before
travel a request to travel outside for the
approval of Probation authorities.
3. If more than 30 days Probation Authorities shall
recommend for Court Approval.

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CHANGE OF RESIDENCE
• The probationer must file a request
for change of residence at the city or
provincial Parole and Probation officer
to the court approval.
• If approved, The RTC which has
jurisdiction over the place shall have
full control of the probationer.

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Who is a volunteer probation aide?
- he/she is a civilian of good repute and
integrity, at least 18 years of age, appointed
by the Probation Administration to assists
the Pos in investigation and supervision. A
VPA is not entitled to salary but is given a
reasonable travel allowance.

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Termination of Probation:
after the probationer has satisfactorily
completed the probation period, the
Probation Officer shall submit termination
report to the court containing the ff:
a. condition of probation
b. program of supervision and response
to treatment
c. recommendation

Page 26 of 65
Two ways of terminating probation:
1. After period of probation with satisfactory
compliance with conditions of probation.
2. Other ways of terminating probation
a. termination before the expiration of the
period (served at least 1/3 of the imposed
period but not less than 6 months)
b. termination by pardon of the
probationer (either absolute or conditional)

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c. Deportation of the probationer – when an
alien on probation is deported, probation
will necessary be terminated.
d. Death of probationer.

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Rights Restored after Termination of
Probation
a. All civil rights suspended when the
offended was convicted and sentenced are
restored after the termination of probation
b. liability to pay a fine is also discharged IN
CASE OF SUBSIDIARY IMPRISONMENT

Page 29 of 65
How Can Probation help in the
Prevention of Crime?
- when in the community, he is helped and
given opportunities to be productive and
responsible instead of going to prison
- hopefully, these situations restrain the
probationer from committing crime

Page 30 of 65
How can Community help in the Success of
Probation?
1. community accepting the probationers,
giving them a feeling of belongingness
2. community agencies and schools are being
opened for the training and treatment of
probationers
3. community leaders and layman allowing
the participation of probationers in
developmental programs

Page 31 of 65
4. religious organizations giving the
probationers spiritual advice and
extending their social action programs to
probationers
5. various organizations providing temporary
housing for probationers
6. the community playing an equally
important role after the termination of
probation, it should be ready for the
reintegration of the individual into
community life.

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Difference of Probation from Imprisonment and
Parole:
1. Probation is an alternative to imprisonment.
Instead of being confined in prison, the probationer
is released to the community by the court with
conditions to follow and is placed under the
supervision of PO.
2. Parole is a conditional release of a prisoner
whereby he is placed under the supervision of a
Parole Officer after serving his minimum sentence.
3. Probation is a community-based approach to
reformation of offenders, while imprisonment
adopts the institutionalized approach.

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4. Probation is handled by the Probation
Administration while parole is administered by the
Parole Board
5. Probation is enjoyed only once while parole may
be granted more than once, depending on good
behavior during imprisonment.
6. Probation is more beneficent because it restores
full civil rights to the probationer upon termination
unlike parole.
7. Probation is essentially a judicial function
(under the control of the court) while parole is an
executive function (under the Parole Board).

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Notes to remember:

Page 35 of 65
P.D. 1257 – participation of the prosecutor in the
determination of the application for probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1 day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years and 1
day to 6 years or less
E.0.292 (Administrative Code of 1987) – renamed
the Probation Administration into Parole and
probation Administration

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NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege
NATURE OF POST SENTENCE INVESTIGATION

- It is recommendatory in nature and address to the sound
discretion of the trial court
EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying probation
SHALL NOT BE APPEALABLE.

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Probationer – a person placed on probation
Absconding probationer – a person whose

probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts are unknown for
a reasonable period of time.
Probation officer – one who investigates for the

court a referral for probation or one who supervises
a probationer or both.

Page 38 of 65
Petitioner – an accused or defendant who files a
formal petition for probation
Absconding petitioner – a convicted defendant

whose application for probation has been given
due course by the court but fails to report to the
probation office or cannot be located within a
reasonable period of time.

Page 39 of 65
PAROLE SYSTEM

Page 40 of 65
Parole – refer to the conditional release of an
offender from a penal institution after he has served
the minimum period of his prison sentence.
Parolee - refer to a person who is released on parole
Pardonee – refer to a person who is released on

conditional pardon
Client – refer to a pardonee/parolee who is place on

supervision

Page 41 of 65
Board – refers to the Board of Pardons
and parole
Administration – refer to the Parole and
Probation Administration
Director – refer to the Director of the
BuCor
Administrator – refer to the administrator
of Parole and Probation Administration

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History of Parole system in the Philippines:
- it came into existence by the passage of Act 4103
as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law, which
took effect on Dec. 5, 1933.
Board of Pardons and Parole – administers

the Parole system of the country.

Page 43 of 65
Pre-Parole Investigation:
The Administration has been authorized by the
Board to conduct pre-parole investigation of
deserving city, provincial and national prisoner
confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best
interests and that of justice will be served thereby,
and to submit reports of said investigation at least 60
days before the expiration of the minimum sentences
of the prisoners concerned.

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PRISONERS QUALIFIED FOR PAROLE:
Unless otherwise disqualified under Sec. 15 of the
rules, a prisoner shall be eligible for the grant of
parole upon showing that –
a. he is confined in a jail or prison to
serve an indeterminate prison
sentence, the maximum period of
which exceeds one year, pursuant to a
final judgment of conviction; and that

Page 45 of 65
b. he has served the minimum period of
said sentence less the Good Conduct
Time Allowances (GCTA) earned.
c. There is a reasonable probability that
if released, he will be law-abiding;
and that
d. His release will not be incompatible
with the interests and welfare of
society.

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PRISONERS DISQUALIFIED FOR PAROLE:
1. those persons convicted of offenses

punished with reclusion perpetua;
2. those convicted of treason, conspiracy or
proposal to commit treason;
3. those convicted of misprision of treason,
rebellion, sedition or espionage;

Page 47 of 65
4. those convicted of piracy;
5. those who are habitual delinquents;
6. those who escaped from confinement or
those who evaded sentence;
7. those who were granted conditional pardon
and violated any of the terms thereof;

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8. those whose maximum term of imprisonment
does not exceed 1 year or are with a definite
sentence;
9. those suffering from any mental disorder as
certified by a psychiatric report of the bureau
of correction or national center for mental
health;
10. those whose conviction is on appeal;
11. those who have pending criminal case for an
offense committed while serving sentence.

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COMPOSITION OF THE BOARDS OF PARDON
AND PAROLE
Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the
Parole and Probation Administration
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by
training/experience and a member of the
Philippine BAR.

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EXECUTIVE CLEMENCY

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Pardon
– an act of executive clemency, by a head of
a state for the purpose of exempting an
individual from the punishment imposes upon
him by a court of law.
- It is an act of grace and the recipient is not
entitled to it as a matter of right.

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Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is granted
by the Chief Executive without any
conditions attached. Absolute pardon
serves to wipe away the guilt of a
pardonee, and makes him innocent as if he
has not committed any crime.

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2) Conditional Pardon
It is conditional when it is granted by
the Chief Executive subject to the conditions
imposed on the recipient and accepted by
him. Usually, the person granted with
conditional pardon has served a portion (at
least ½ of the minimum of his indeterminate
sentence) of his sentence in prison

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Limitations of the Pardoning Power of the
President
The following are the limitations of the pardoning power of the
President:
1) it may not be exercised for offenses in impeachment
cases;
2) it may be exercised only after conviction by final
judgment;
3) it may not be exercised over civil contempt (as for
refusing to answer a proper question as a witness in a case);
4) in case of violation of election law or rules and
regulations, no pardon, parole, or suspension of sentence
maybe granted;
5) cannot be exercised to violation of tax laws.

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OTHER FORMS OF EXECUTIVE CLEMENCY
1) Amnesty
Is a general pardon extended to a group of persons
generally exercised by the Chief Executive with the
concurrence of congress.
It is an act of sovereign power granting oblivion or
general pardon for past offense and rarely, if ever,
exercised in favor of single individual is usually
exerted in behalf of certain classes of person who are
subjected to trial but not have been convicted.
Note: Amnesty can be availed of before, during
and after the trial of the case, even after conviction.

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Differences between Amnesty and Pardon
As to the number of those who can avail:

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

Pardon is exercised when the person is already
convicted, while amnesty maybe given before trial or
investigation is done.

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As to the Consent of Congress:
Pardon is granted by the Chief Executive
and such as private act, which must plead and
proved by the person pardoned because the
court takes no choice thereof. While amnesty is
by proclamation with concurrence of congress,
and it is a public act, which the court should
take judicial notice.

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As to the Effect:
Pardon is an act of forgiveness, i.e. it relieves the
offender from the consequences of the offense, while
amnesty is an act of forgetfulness. i.e. it puts into
oblivion the offense of which one is charged so that
the person as if he had never committed the offense.
As to the Crime committed:
Pardon is granted for infractions of the peace of
the State while amnesty, for crimes against
sovereignty of the state (ex. political offense)

Page 59 of 65
2) Commutation of Sentence
It is a change of the decision of the court
made by the Chief Executive by reducing the
degree of the penalty inflicted upon the
convict, or by decreasing the length of the
imprisonment of the original sentence.

Page 60 of 65
Specific cases where commutation is provided for by the
code:
1. When the convict sentenced to death is over 70 years of

age;
2. When ten justices of the Supreme Court failed to reach a
decision for the affirmation of the death penalty;
In other cases, the degree of the penalty is reduced from

death to reclusion perpetua.
In Commutation of Sentence consent of the offender is not

necessary. The public welfare, not his consent, determines
what shall be done.

Page 61 of 65
3. Reprieve – the temporary stay of the
execution of sentence (applicable only to
death sentence)
GCTA – is a privilege granted to a prisoner that

shall entitle him to a deduction of his term of
imprisonment. Under Art.97, RPC, the GCTA
are:
1. 5 days per month during the first 2 years of
imprisonment

Page 62 of 65
2. 8 days per month during the 3rd to 5th
years of imprisonment
3. 10 days during the following years until
the 10th years of imprisonment
4. 15 days during the 11th and successive
years

Page 63 of 65
Special Time Allowance for Loyalty (Art. 158,
RPC)
-A deduction of 1/5 of the period of the sentence
of any prisoner who evaded the service of sentence
on the occasion of disorders due to conflagrations,
earthquakes, or other calamities shall be granted if
he returns to authorities within 48 hours after the
president declared that the calamity is over.
- Once granted hall not be revoked.

Page 64 of 65
THANK YOU!!!

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INSTITUTIONAL

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– filed by Teudolo C. Natividad and Ramon

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Presidential Decree 968

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Teudolo C. Natividad – former NAPOLCOM

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- The application for probation shall be filed by

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Is there a need to apply for probation to

- Yes, it will not be granted except upon the

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- the law says that the application should be

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- Yes, it shall be in the form approved be the

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-The application for probation be filed

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- the trial court may notify the concerned

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1. The offender or his counsel files a petition

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a) the court may, upon receipt of the

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a. Those who were sentenced to more than 6 years

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a. The offender can be treated better in a

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a. The probationer must present himself to his

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a. Not more than 2 years if the sentence is

Note: Probation starts upon issuance of the

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a. The offender is in need of correctional treatment

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a. On the same bond he filed during trial

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a. at any time during supervision

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NATURE OF POST SENTENCE INVESTIGATION

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Absconding probationer – a person whose

Probation officer – one who investigates for the

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Absconding petitioner – a convicted defendant

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