Non-Institutional Corrections

IC covers the following topics:

Historical perspective of the Development of Community-Based Corrections;

The Probation;

Parole; and

Other forms of non-institutional reformation.

  
 INTRODUCTION TO COMMUNITY-BASED CORRECTIONS

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay
in the community, subject to conditions imposed by the government. They are either granted
Probation, Parole, Conditional Pardon or Recognizance. Non-institutional corrections refer to
that method of correcting sentenced offenders without having to go to prison. Advantages of
community-based corrections are:

Family members need not be victims also for the imprisonment of a member because the
convict can still continue to support his family, not to be far away from his children;

Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prisons who will only influence him to a life of crime;

Rehabilitation can be monitored by the community, thus corrections can be made and be more
effective; and

Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-

strapped government.

  

 PROBATION
  
Historical Background of Probation

The concept of probation stems from faith in man’s capacity to change for the better and in
the ultimate good that will redound to society by rebuilding rather than destroying those who
have offended it. The origin of probation can be traced to English criminal law of the Middle
Ages. Harsh punishments were imposed on adults and children alike for offenses that were not
always of a serious nature. 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.

Thus, as early as the thirteenth century, efforts were made to mitigate the harshness of penal
laws through more enlightened and rehabilitative approaches in the treatment and correction of
offenders. These included the release of accused members of the clergy to ecclesiastical
authorities, judicial reprieve or temporary suspension of sentence or execution, deportation, and
release on recognizance wherein a misdemeanant bound himself before the court to “keep the
peace and be on good behavior.” These practices in early English Courts became the forerunners
of probation which was later established in England and the United States.

In the United States particularly in Boston, Massachusetts, John Augustus, a cobbler stood bail
for a drunkard in 1841.The drunkard, while under Augustus’ supervision was taught the art
of shoe making and started to show signs of reform. This prompted Augustus to extend the
project. In fact he supervised close to 2,000 persons during the following years of his life. In the
course of his dealings with the offenders, he developed several features some of which, as will
be seen later, became standard practice of probation. These features included selectivity of
screening, supervision of the activities of the offenders, use of community resources, the
provision of a place for the offenders’ dependents, submission of progress reports to the court,
and the maintenance of the record filing system. Augustus’ work was carried on by Rufus R.
Cook, Chaplain of the County Jail and Representative of the Boston Children’s Aid Society
and Matthew David XIV of Birmingham, England. The same procedure as developed by
Augustus was used. However, investigations were scanty, probation periods short, and plans of
treatment and supervision were not much in evidence. Probation became firmly established
during the second half of the 19 th century when in 1878, the State of Massachusetts started
the first paid probation officer for the courts of Criminal Jurisdiction in the City of Boston.
On March 4, 1925, through the efforts of Charles Lionel Chute, the First Federal Probation Act of
the United States was approved.

Historical Background of Probation in the Philippines

 
In the Philippines, provisions for juvenile probation have been embodied in Article 80 of the
Revised Penal Code since its enactment in 1932. Thus, sentence was suspended for offenders
under 16 years of age accused of a grave or less grave felony, who were then placed in the care
and custody of public or private entities. This was amended on December 10,
1974 by Presidential Decree No. 603, known as the Child and Youth Welfare Code, and
by Presidential Decree No. 1179 which set the age of minority to below 18 years of age at the
time of the commission of the offense. Likewise, Republic Act No. 6425 or the Dangerous Drugs
Act of 1972 provided for the suspension of sentence and probation of a first-offender under 18
years of age at the time of the commission of the offense but not more than 21 years at the
time when judgment should have been promulgated. The move to integrate adult probation in
the Philippine criminal justice system began early in the twentieth century when the Philippine
Legislature approved Act No. 4221 on August 7, 1935. This created a Probation Office under the
Department of Justice, and provided probation for first offenders 18 years of age and above
who were convicted of certain crimes. Unfortunately, there were defects in the law’s procedural
framework so that, on November 16, 1937, the Supreme Court declared it unconstitutional in
the case of People of the Philippines vs. Vera on the grounds of “undue delegation of legislative
power” and violation of the “equal protection of the law” clause. Section 11, the fatal provision
of the Act, provided that “This Act shall apply only in those provinces in which the respective
provincial boards have provided for the salary of a probation officer….” The Court held that the
Probation Act did not, by the force of any of its provinces, fix and impose upon the provincial
boards any standard or guide in the exercise of their discretionary power. What was granted was
a “roving commission” which enabled the provincial boards to exercise arbitrary discretion. By
Section 11 of the Act, the legislature did seemingly on its own authority extend the benefits of
the Act to the provinces but in reality left the entire matter for the various provincial boards to
determine for themselves whether the Probation Law should apply to their provinces or not at
all. The applicability and application of the Act was entirely placed in the hands of the provincial
boards. If a provincial board did not wish to have the Act applied in its province, all it had to do
was to decline to appropriate the needed amount for the salary of a probation officer without
even stating the reason therefore. The plain language of Section 11 was not susceptible of any
other interpretation. This was a virtual surrender of legislative power to the provincial boards.

A second attempt was made when then Congressmen Teodulo C. Natividad and Ramon D.

Bagatsing introduced House Bill No. 393 during their last months in Congress. Passed in the
Lower House, this was pending in the Senate when Martial Law was proclaimed in 1972. The
agitations for the adoption of an adult probation law continued. In 1973, the technical staff of
the Bacolod City Police Advisory Council, headed by Lt. Col. Arcadio S. Lozada and assisted by
US Peace Corps Volunteer Alvin L. Koenig, prepared a proposed Probation Decree which
incorporated pertinent provisions of the Natividad and Laurel Bills. This was submitted to the
Secretary of Justice and the National Police Commission after a thorough perusal by a study
committee of the Integrated Bar of the Philippines and subsequent indorsement by its national
Board of Directors. Late in 1975 the National Police Commission, sitting en banc and headed by
Defense Secretary Juan Ponce Enrile who was the concurrent Chairman of NAPOLCOM, heard
the report “Meeting the Challenge of Crime” of the Philippine delegation to the 5th United
Nations Congress held in Geneva, Switzerland in September 1975. At that time, the Philippines
was among the few participating countries without an adult probation system. Citing the role of
probation in an integrated approach to crime prevention, the delegation urged priority action
on the establishment of the system. This was the turning point that led to the passage of the
law. The Inter-Disciplinary Committee on Crime Prevention created in 1974 by Secretary Enrile
and chaired by Commissioner Teodulo Natividad, then pursued the preparation of the probation
decree. Eighteen technical hearings were conducted, attended by 60 resource persons, after
which the draft decree was presented at the Seminar on the Probation System sponsored by the
NAPOLCOM, Philippine Constabulary and Integrated National Police, and the University of the
Philippines Law Center on April 24, 1976. This was studied and overwhelmingly endorsed by 369
participants representing various sectors of society. A final draft of the decree was subsequently
prepared, then reviewed and endorsed to the President of the Philippines by the Minister of
Justice, Minister of National Defense, and Chief Justice of the Supreme Court. Thus, the law was
born on July 24, 1976. It was during the closing ceremonies of the First National Conference on
a Strategy to Reduce Crime held at Camp Aguinaldo, Quezon City, that President Ferdinand E.
Marcos signed Presidential Decree (P.D.) No. 968, otherwise known as the Probation Law of
1976, in the presence of nearly 800 representatives of the country’s criminal justice 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 pardon with parole conditions. Moreover, the
investigation and supervision of First Time Minor Drug Offenders (FTMDO)  placed under
suspended sentence became another added function of the Administration pursuant to Sections
66 – 70 of Republic Act 9165, “The Comprehensive Dangerous Drugs Act of 2002” and  by virtue
of the  Memorandum of Agreement between the Dangerous Drugs Board and Administration
dated 17 August 2005. Likewise, pursuant to Section 57 of Republic Act 9165, the Administration
was designated as the authorized representative of the Dangerous Drugs Board under the
Voluntary Submission Program. The Agency was placed in the forefront in relation to crime
prevention, treatment of offenders in the comunity-based setting, and in the overall
administration of criminal justice by mandating the revitalization of the Volunteer Probation
Aide (VPA) Program pursuant to Executive Order 468 dated October 11, 2005. Under Republic
Act No. 10389, “Recognizance Act of 2012”, the Administration was directed to monitor and
evaluate the activities of the person on release on recognizance.

Note:  Probation came from the Latin verb “probare” – to prove, to test. A term coined by John
Augustus.

Essential Elements of the Probation System under Presidential Decree No. 968

The probation system established in the Philippines has at least three important features that
make it different from the systems in other parts of the world. First, it is a “single or one-time”
affair, meaning that a convicted person can only take advantage of probation once in his
lifetime. Secondly, our probation system is highly selective. Probation is made available only to
those convicted of certain crimes. Lastly, persons under probation retain their civil rights, like the
right to vote, or practice one’s profession, or exercise parental or marital authority.

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.

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:

to administer the parole and probation system;

to exercise supervision over parolees, pardonees and probationers; and

to promote the correction and rehabilitation of criminal offenders.

   

FAQS ON PROBATION

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)

Those sentence to serve a maximum term of imprisonment of more than six (6) years;

Those convicted of any crime against the national security

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;

Those who have once on probation under the provisions of this Decree; and
Those who already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 of hereof.

Those legally disqualified under special penal laws:

Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg. 881
(Omnibus Election Code);

Offenders found guilty of violating RA No. 6727 (Wage Rationalization Act, as amended);

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:

The offender would be better rehabilitated if he/she is sent to prison to serve his/her sentence;

There is undue risk that the offender will likely commit another crime;

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.

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?

To report to the probation officer within seventy two (72) hours after he receives the order of
the court granting probation;

To report to his probation officer at least once a month; and

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

Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
Provide an opportunity for the reformation of a penitent offender which might be less probable
if he were to serve a prison sentence; and

Prevent the commission of offenses (Section 2, Presidential Decree No. 968).

  

Benefits and Advantages of Probation

Probation assists the government

It reduces the population of prisons and jails.

It cuts enormous expense in maintaining jails.

It reduces recidivism and overcrowding in jails and prisons.

It saves the government a total of Php 2.8 Billion in terms of prisoners maintenance in jails and
prisons all over the country.

It reduces the burden on the police forces and institutions of feeding and guarding detainees.

It makes the offenders taxpayers instead of taxeaters.

It lessens the clogging of courts.

It lightens the load of prosecutors.

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.

Probation protects society

From the excessive costs of detention.

From the high rate of recidivism of detained offenders.

Probation protects the victim

It provides restitution.

It preserves justice.
Probation protects the family

It does not deprive the wife and children of husband and father.

It maintains the unity of the home.

Probation helps the offender

It maintains his earning power.

It provides rehabilitation in the community.

It restores his dignity.

Probation justifies the philosophy of Men

That life is sacred.

That all men deserve a second time.

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;

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

General Rule: All persons convicted of certain crimes under Philippine courts.

Exceptions (Section 2), law will NOT apply to persons:

Convicted of offense punishable by death penalty or life imprisonment;

Convicted of treason, conspiracy or proposal to commit treason

Convicted of misprision of treason, rebellion, sedition or espionage;

Convicted of piracy;

Who are habitual delinquents;

Who escaped confinement or evaded sentence or violated the terms of a conditional pardon;

Whose maximum term of imprisonment (imposed) does not exceed one year;
Whose penalty is suspension or distierro; and

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 specificperiod of time or release date, but just a
range of time, such as one year and one day to five years. 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 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.

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:

In cases of impeachment;

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

In cases where the conviction is on appeal or has not become final and executory.

  

What are those “extraordinary circumstances” that may be present for the Board to recommend to
the President the grant of executive clemency?

The trial court or appellate court in its decision recommended the grant of executive clemency
for the inmate;

Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;

Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;

Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;

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;

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;

Alien inmates where diplomatic considerations and amity among nations necessitate review; and
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:

For Commutation of Sentence, the inmate should have served:

At least one-third (1/3) of the definite or aggregate prison terms;

At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum
of the indeterminate prison terms;

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;

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;

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;

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;

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;

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.

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.
 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:

Is seeking an appointive/elective public position or reinstatement in the government service;

Needs medical treatment abroad which is not available locally;

Will take any government examination; or

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

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:

To right a wrong; and

To normalize a tumultuous political situation.

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 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.

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?

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
Private act, the one invoking it must Public act which court should take judicial
proved it cognizance
Granted to common crime doers or Granted to political offenders
common crime criminals
Looks forward – does not restore the right Looks backward and put in oblivion the offense
to hold public office, unless these rights itself, the person released on amnesty in the eyes of
are 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.

 
 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 death sentence for a term of years.
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:

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.

At least ten (10) years for prisoners sentenced to Reclusion Perpetua or life imprisonment for
crimes or offenses committed before January 1, 1994.

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. con

At least fifteen (15) years for prisoners victed 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.

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

Prisoners must have served at least 1/3 of the definite or aggregate prison terms;

Prisoner must serve at least ½ of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
 At least 13 years for inmates whose indeterminate were adjusted to a prison term of 40 years
under Article 70, RPC;

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;

At least 18 years for inmates convicted of reclusion perpetua  or life under RA 6425 and RA 9165;

At least 18 years for those convicted of kidnapping for ransom, terrorism, plunder and
transnational crimes;

20 years for inmates sentenced to two or more reclusion perpetua or life imprisonment;

25 years for death convicts but whose sentence were commuted to reclusion perpetua/life
imprisonment;

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:

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.
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.

While in prison he should earn everything he receives. All sustenance and indulgences should be
added to his debt of marks.

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.

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 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:

The first stage was composed of solitary confinement and monotonous work;

The second stage was assignment to public works and a progression through various grades, each
grade shortening the length of stay;

The last stage was assignment to an indeterminateprison 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

Indeterminate sentencing laws

Quality release preparation

Parole officer’s familiarization with offender’s home and environmental conditions before offender’s
release

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.

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

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;

Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and

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:

Inmate is serving an indeterminate sentence the maximum period of which exceeds one (1) year;

Inmate has served the minimum period of the indeterminate sentence;

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.

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:

Those convicted of an offense punished with Death penalty or Life imprisonment;

Those convicted of treason, conspiracy or proposal to commit treason or espionage;

Those convicted of misprision of treason, rebellion, sedition or coup d’état;

Those convicted of piracy or mutiny on the high seas or Philippine waters;

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;

Those who escaped from confinement or evaded sentence;

Those who having been granted Conditional Pardon by the President shall have violated any of the
terms thereof;

Those whose maximum term of imprisonment does not exceed one (1) year or those with definite
sentence;

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

Those convicted for violation of the laws on terrorism, plunder and transnational crimes.

 
 

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 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:

the latest 1”x1” photograph, and

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?
  
 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 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  Granted by the

Pardons and Parole

 Basis is Act 4103, The  Basis is the 1987 Constitution

Indeterminate Sentence Law

 Granted after service of  Granted after certain conditions have been complied
minimum sentence with depending upon the specific executive clemency
given

Pardon Distinguish from Parole

Pardon Parole
Granted by the President Granted by the Board of Pardons and Parole
Granted with or without Always subject to a condition
conditions
 No condition is required There are conditions such as: parolee reports regularly to parole
before one may be given officer; his residence may be controlled; He shall not violate any
parole 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?

Person charged with the violation of a municipal ordinance.

Person charged with a light felony.

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.

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?
Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, MTC in cities and
Municipal Circuit Trial Court (MCTC).

Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua or life imprisonment.

Where to apply?

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.

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.

If not yet charged in court, any Court in the province, city or municipality where the person in
custody is held.

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?

Detention prisoner who is not a recidivist or who was previously convicted twice or more times of
any crime.

Detention prisoner who surrendered voluntarily when upon being summoned for the execution of
sentence.

When to apply?

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.

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:

the “prime duty of government is to serve and protect the people” (Section 4, Article II); and

“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 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.

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, 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 ?

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.

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).

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.

There are 5 distinct categories of activity that help promote the change:

Relational/Behavior Management

Affective/Emotional/Psychological

Cognitive/Intellectual

Spiritual

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 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?

Reintegration of the offenders to the social mainstream and encouraging them to assume active
responsibility for the injuries inflicted to the victims;

Proactive involvement of the community to support and assist in the rehabilitation of victims and
offenders;

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;

Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and

Prevention of further commission of crime and delinquency.

How is restorative justice implemented in PPA?

A. During the Investigation Stage

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:
Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case for
Peacemaking Encounter;

Conducts dialogue to explore the possibility of restorative justice process;

Coordinates/collaborates with responsible members and leaders of community for their

participation in the conference;

Serves as facilitator-strength in the conference;

Assists in healing process of stakeholders based on the Supervision Treatment Plan; and

Prepares casenotes reflective of restorative justice values and utilizing the following points:

Impact of crime and effect of victimization

Victim inputs and involvement opportunities

Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the
community.

A CPPO engages in the following responsibilities:

Approves cases for Peace Encounter Conference and issues office orders; and

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?

The clients must admit the offense to be eligible for the conference, and if possible, they should be
encouraged to take full responsibility;

A personal visit by the Restorative Justice planner may be necessary to solicit interest and
willingness of stakeholders to participate in the restorative process;

The victims’ preference for the time, date and place of the meeting should be given greatest weight;

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;
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;

A pre-conference meeting could likewise be arranged separately with individual stakeholders to

explain the process and other vital details of the conference;

The Restorative Justice planner should ensure that everyone knows how to get to the location site
of the conference;

Facilitators should ensure that the conference shall be conducted without interruption in a
comfortable location and shall secure the safety of all stakeholders;

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

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:

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.
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.

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.

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:
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.

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.

Citizenship and Civic participation – experiential activities which involve solving community
problems; examples: puppet shows that showcase values, street dramas, peer counseling.

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.

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.

N.  Confinement in Drug Treatment Rehabilitation Center Including Aftercare

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 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?

Work in close coordination and cooperation with the Supervising Officer.

Keep all information about the supervisee in strict confidentiality.

Maintain an honest recording and monthly reporting of activities to the Supervising Officer.

Devote a substantial and quality time for supervision of clients and perform the following tasks:

Offer guidance and counseling

Act as job placement facilitator

Implement treatment objectives as provided for in the program of supervision

Refer to corresponding agencies clients with spiritual, mental, social, emotional, economic,
physical or health needs

Act as resource individual

What  are the roles of the VPA?

The role of the VPA may be classified into two categories:

As Direct Supervisor who undertakes the following:

Supervise a maximum of five (5) clients at any given time

Work closely with officer-on-case and Chief Probation and Parole Officer/Officer-in-Charge and
discuss treatment plan and status of clients

Submit monthly accomplishment reports to officer-on-case or Chief Probation and Parole

Officer/Officer-in-Charge and other reports as may be required

Perform such other tasks as may be assigned by the officer-on-case or Chief Probation and
Parole Officer/Officer-in-Charge

As Resource Individual who acts as:

Resource Speaker on Volunteerism, Restorative Justice, Therapeutic Community and other topics

Counselor to other clients/people who need help

Donor, sponsor or referring person

Program coordinator of client activities

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 at the unit level. It is therefore necessary to have a volunteer
organization at this level to foster the spirit of community membership.

CHILD IN CONFLICT WITH THE LAW IN RELATION TO NON-INSTITUTIONAL CORRECTION

PD No. 603, December 10, 1974, took effect after 6 months on June 8, 1975, amended by PD
1179, then RA No. 9344 and further amended by RA No. 10630.

Confinement of Convicted Children in Agricultural Camps and other Training Facilities

A CICL may, after conviction and upon order of the court, be made to serve his/her sentence, in
lieu of confinement in a regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and controlled by the BUCOR, in
coordination with the DSWD (Section 51, RA No. 9344).

-Joshua Sombol Padel.

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