Non-Institutional

Corrections
Non- Institutional Corrections refer to that
method of correcting sentenced offenders
without having to go in prison.
Advantages of community-based
Corrections:
Family members need not be victims also for the
imprisonment of 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 more effective;

Cost of incarceration will be eliminated which is

extremely beneficial especially to a cash-strapped
government.
 Executive Clemency
Shall refer to the following:
Pardon
Amnesty
Reprieve
Commutation of Sentence
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 the Presidential prerogative.
 Two kinds of Pardon
Absolute Pardon
Conditional Pardon
Absolute Pardon
It is given without any condition attached to it. Its
grants carries with total extinction of criminal liability
and designed for the following purposes:
To do away with miscarriage of justice
To restore full political and civil rights of persons who
have already served their sentence.
To keep abreast with current philosophy in the
administration of the criminal justice system.
Limitations on the Pardoning Power:
Pardon cannot be extended to cases of impeachment.
No pardon may be granted in violation of any election
law without favorable recommendations by the
Commission on Election.
It may only be granted by the President after
convicted.
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.
Conditions of Pardon
The pardonee should live in his designated residence
and shall not change his residence without obtaining
consent from the board.
In cases of temporary need to leave the parole
residence, no permission is required but the
whereabouts should be given to the parole/ pardon
officer.
The pardonee shall not indulge in any injurious or
vicious habits and shall avoid persons and places of
disreputable character.

That the pardonee shall not commit any crime.

The petition for absolute pardon shall be
accompanied by the following requirements:
1.) affidavits of at least two (2) responsible members of
the community where the petitioner resides. The
affidavits shall, among others, state that the petitioner
has conducted himself a moral and law-abiding
manner since his release from prison and shall indicate
the petitioner's occupation and the community service
he has rendered, if any, and
2.) the clearances from the police, courts and
prosecutors office where the petitioner resides.
 A petition for the grant of either absolute or
conditional pardon shall be favorably endorsed to the
Board by the Secretary of National Defense if the crime
committed by the petitioner is against national security
such as rebellion, subversion, or sedition; or by the
Commission on Elections, in case of violations of any
election laws, rules and regulations.
An application for Executive Clemency shall not
be considered during the pendency of an appeal filed by
the petitioner from the judgment of conviction.
A petitioner shall be eligible for the grant of pardon if he
meets the following minimum requirements:
For Absolute Pardon, ten (10) years must have
elapsed from the date of release of the petitioner from
confinement or confinement or five (5) years from the
date of expiration of his maximum sentence,
whichever is more beneficial to him.
However the Board may consider a petition for
absolute pardon even before the grant of final release
and discharged under the provisions of sec 6, Act no.
4103 as amended 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 immigrating
 For Conditional Pardon, the petitioner must have
served at least one-half of the minimum of his
indeterminate sentence for the following portions of his
prison sentence:
a) At least two (2) years of the minimum sentence if
convicted of murder or parricide but not sentenced to
reclusion perpetua.
b) At least one (1) year of the minimum sentence if
convicted of Homicide.
c) At least nine (9) months if convicted of frustrated
homicide;
d) At least six (6) months if convicted of attempted
homicide.
 However, the following category of prisoners shall
not be considered for conditional pardon:
1. The petitioner is eligible for parole;
2. The petitioner had been sentenced to another prison
term within one (1) year from the date of his last
recommitment to the jail or prison from where he
escaped;
3. The prisoner is suffering from mental illness or
disorder as certified by a government psychiatrist;
and
4. The prisoner had violated a conditional pardon,
which was previously granted before the expiration
of his maximum sentence.
 In petition for Pardon, the Director of Corrections
shall forward the prison record and carpeta of a
prisoner/petitioner to the Board of Pardons and Parole
within the following periods:
a) Absolute Pardon- within one (1) month from receipt
by the director of the request made by the Board for
the prison record and carpeta;
b) Conditional Pardon- at least one (1) month before
the expiration of one-half (1/2) of minimum period
of the prisoner’s indeterminate sentence and in
special cases, at least one (1) month before the
periods the petitioner becomes qualified.
Amnesty
A special form of pardon exercised by the President. Amnesty
is a general pardon extended to a certain class of people who
are usually political offenders.
The purpose of amnesty is to hasten a country's return to
political normalcy by putting behind it the animosities of the
past through a pardon that will open the door to living
normal lives for groups of people targeted by amnesty. These
groups were once involved in political activities during
certain troubled times like war or rebellion and by making a
gesture of the state forgetting past destructive activities of
political lives, the country in turn will ensure its return to
normalcy.
 The Philippines issued two amnesty proclamations in the
past.
The first one was under Presidential Proclamation no. 51
by then President Manuel Roxas amnestying those who
collaborated with Japanese during World War II.
The second was Proclamation No. 75 issued by then
President Elpidio Quirino extending amnesty to leaders
and members of the Hukbo ng Bayan sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan ng
mga Magbubukid (PKM) which is an organization of
peasants fighting for agrarian reform and is part of the
communist underground movement.
This amnesty is for crimes of rebellion, sedition,
illegal association, assault, resistance to persons in
authority and illegal possession of firearms, which
shall connected to the Huk rebellion and illegal
association with the PKM in their fight to distribute
the big haciendas in Central Luzon.
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.
It is the temporary stay of the execution of
sentence. In death sentences, the date of execution of
the death convict is held in abeyance for a certain
period to enable the Chief to temporarily stay
execution of 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 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. Death sentences
or life imprisonment is reduced to a shorter sentence.
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 ineligible 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.
 A petitioner shall be eligible for the grant of
commutation if he meets the following minimum
requirements:
The petitioner must have served at least one-third
(1/3) of the minimum of his indeterminate sentence,
or the following portions of his prison sentence
consisting of reclusion perpetua (life imprisonment):
At least ten (10) years if convicted of robbery with
homicide, robbery with rape or kidnapping with
murder;
At least twelve (12) years if given two (2) or more
sentences for reclusion perpetua;
At least twenty (20) years in case of one (1) death
sentence which was automatically commuted to
reclusion perpetua; and
At least twenty-five (25) years in case of two (2)
sentences for reclusion perpetua; provided that at least
one (1) of the sentences had been automatically
commuted from death sentence.
 The following category of prisoners shall not be
considered for commutation of sentence:
The petitioner is eligible for parole;
The petitioner had been sentenced to another prison
term within one (1) year from the date of his last
recommitment to the jail or prison from where he
escaped;
The petitioner had violated any condition of his
discharge on parole or conditional pardon; and
The petitioner is suffering from mental illness or
disorder as certified by a government psychiatrist.
 In commutation of sentence the Director of
Corrections shall forward the prison record and
carpeta or a petitioner/ prisoner to the Board of
Pardons and Parole within at least one (1) month
before the expiration of one-third (1/3) of the
minimum period of prisoner’s indeterminate sentence
and in special cases, at least one (1) month before the
periods becomes qualified;
Specific cases where commutation is automatically
provided:
When the convicted person sentenced to death is over
seventy years of age.
When there is a failure to obtain the vote of
affirmation of eight justices of the supreme court en
banc.
In both cases the degree of penalty is reduced to
reclusion perpetua.
Parole
The release of prisoners before the expiration of his
maximum sentence.
“ A method of selectively releasing an offender
from an institution prior to completion of his
maximum sentence, subject to conditions specified by
paroling authority, a method whereby society can be
protected and the offender can be provided with a
continuing treatment and supervision in the
community.” (1957 National Conference)
The conditional release of an offender from a penal
offender from a penal or correctional institution after
he has served the minimum period of his prison
sentence under the continued custody of the state and
under conditions that permit his re-incarceration if he
violates a condition for his release.(BPP)
A prisoner is eligible for parole once the inmate had
served the minimum sentence, less GCTA earned, of
his indeterminate prison sentence the maximum
period of which exceeds one (1) year except under the
following circumstances:
1. When sentence is reclusion perpetua
2. Those convicted of treason , conspiracy or proposal
to commit treason;
3. Those convicted of misprision of treason, rebellion,
sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents
6. Those who escape from confinement or evaded
sentence;
7. Those who were granted conditional pardon and
violated any of its term thereof;
8. Those whose maximum term of imprisonment does not
exceed one (1) year or are with definite sentence’
9. Those suffering from any mental disorder as certified by
a psychiatric report of the Bureau of Corrections or
National Center for mental Health;
10. Those whose conviction is on appeal; and
11. Those who have a pending criminal case for an offense
committed while serving sentence.
 A parolee should be placed under the supervision
of a Parole and Probation officer upon release so that
the parolee will be guided and assisted towards
rehabilitation.
It shall be mandatory for parolee to comply with
the terms and conditions appearing in the release
document. But the BPP, upon recommendation of the
Parole and Probation Administration, revise or modify
the terms and conditions of the parole.
 A parolee may not transfer from the place of
residence designated in his release document without
prior written approval of BPP. To secure such approval,
a written application in the form prescribed by the
BPP shall be filed by the parolee with his parole and
probation officer at least fifteen (15) days before the
requested transfer. The application, together with the
recommendation of parole and probation officer, will
be forwarded to the BPP for appropriate action.
 A parole and probation officer can authorize a
parolee to travel outside his area of operational
jurisdiction from ten (10) to thirty (30) days within a
six (6) month period shall be considered as transfer of
residence.
In case of the parolee’s death, the Parole and
Probation Officer shall transmit to the BPP a certified
true copy of the death certificate.
 The BPP may order the recommitment to prison of
the re arrested parolee if it finds that the continuation
of the parole is incompatible with the public welfare.
The parole violator recommitted to prison shall serve
the remaining un-expired portion of his maximum
sentence. But the BPP may grant a new parole after the
recommitted parolee shall serve one-fourth of the un-
served portion of his sentence.
 Upon expiration of the maximum sentence of the
parolee, the BPP may, upon the recommendation of
the PPA, issue a Certificate of Final Release and
Discharge (CFRD) to a parolee or recommend to the
President that a similar certificate be issued to a
pardonee. Police, court and prosecutor and such other
clearances as may be required by the BPP shall be
attached to the PPA recommendation. A certified true
copy of the CFRD shall also be furnished the
sentencing court.
 CFRD finally releases the parolee/pardonee from
the conditions he is obligated to comply. However, the
accessory penalties, which have not been expressly
remitted in the certificate, shall continue to subsist.
The BPP may grant parole under special
considerations for the following considerations:
Old age, provided the inmate is below sixty (60) years of
age when crime was committed;
Physical disability such as when the petitioner is bed-
ridden, deaf-mute, a leper, cripple or blind, provided
such physical disability is not present when the crime is
committed;
Serious illness duly certified by a government physician;
Similar circumstances which show that continued
imprisonment will be inhuman or will pose grave danger
to the life of the petitioner.
Following factors will be considered by
the BPP in granting parole:
Evidence that the petitioner will find legitimate source
of livelihood upon release;
Petitioner has a place to establish residence; and
Availability of after care services for old, seriously ill or
physically disabled petitioner.
Rules After Grant of Parole
Release; form of release document- a prisoner shall be
released upon the grant of parole. Such grant of parole shall
be evidenced by the release document, which shall be in the
form prescribed by the board and shall contain the latest 1”x1”
photograph and right thumbprint of the prisoner.
Transmittal of the Release Document- the Board shall send a
copy of the release document to the prisoner through the
director of corrections or warden of jail where he is confined.
On the date of actual release of the prisoner, the director or
warden concerned shall send a certification of said release to
the Probation and Parole officer specified in the release
document.
Parole Supervision- after release from confinement, the parolee
shall be placed under the supervision of the Probation and
Parole Officer specified in the release document so that the
former may be guided and assisted towards rehabilitation. The
period of parole supervision shall extend up to expiration of the
maximum sentence which should appear in the release
document.
Presentation of Probation and Parole Officer- Within the
period prescribed in his release document, the parolee shall
present himself to the probation and parole officer specified in
the release document for supervision.
If the parolee fails to report within forty five (45) days from the
date of his release from confinement, the Probation and Parole
officer shall inform the Board of such failure for the Board’s
appropriate action.
Arrival report- Within fifteen (15) working days from
the date when the parolee reported for supervision,
the Probation and Parole officer concerned shall
inform the board through the Technical service of
parole and probation administration, of such fact.
Mandatory Conditions of Supervision- It shall be
mandatory for a parolee to comply with the terms and
conditions appearing in the release document.
Review and Modification of Conditions- The board
may, motu propio or upon recommendation for the
Probation and Parole Officer, revise or modify the
terms and conditions appearing in the release
document.
Transfer of Residence- A parolee may not transfer
from the place of residence designated in his release
document without prior written approval of the
regional director subject to the confirmation of the
Board.
Outside Travel- A chief Probation and Parole Officer
may authorize a parolee to travel outside his area of
operational jurisdiction for a period of not more than
thirty (30) days.
Travel Abroad and/or Work Abroad- Any parolee under
active supervision/ surveillance who has 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 Parole and Probation
Administration and confirmed by the Board,
Infractions/Violations of the terms and
Conditions of the Release Document
Reports- The Probation and Parole Officer concerned shall
submit the following reports to the board:
a) A Progress report when a parolee commits another offense
during the period of his parole supervision and the case filed
against him has not yet been decided by the court or on the
conduct of the parolee while under supervision;
b) An Infraction Report when the parolee has been subsequently
convicted of another crime;
c) A Violation Report when the parolee commits any violation of
the terms and conditions appearing in his release document
or any serious deviation or non-observance of the obligations
set forth in the parole supervision program.
Arrest of Parolee- upon the receipt of an Infraction
Report, the board may order the arrest or
recommitment of the parolee.
Effect of recommitment of Parolee- the parolee who is
recommitted to prison by the board shall be made to
serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
Termination of Parole Supervision
Summary Report- after the expiration of the
maximum sentence of a parolee, the probation and
Parole Officer concerned shall submit to the Board,
through the chief Probation and parole officer, a
summary report on his supervision of a parolee.
The clearances from police, court, prosecutor’s
office and barangay officials shall be attached to the
summary Report.
Certificate of Final Release and Discharge- Upon receipt of
the Summary Report, the Board shall, upon the
recommendation of the Chief Probation and parole Officer
that the parolee has substantially complied with all the
conditions of his release document, issue to the parolee a
certificate of final release and discharge.
Effect of the Certificate of Final Release and discharge- upon
the issuance of the certificate of final release and discharge,
the parolee shall be finally released and discharged from the
conditions appearing in his release document. However, the
accessory penalties of the law which have not been expressly
remitted therein shall subsist.
Definition of Terms
Board – refers to the Board of Pardon and Parole.
Carpeta – refers to the institutional record of an inmate
which consists of his mittimus or commitment order
issued by the court after conviction, the prosecutor’s
information and the decisions of the trial court and
the appellate court, if any; certificate of non-apeal,
certificate of detention and other pertinent documents
of the case;
Director – refers to the Director of the Bureau of
Corrections;
Parole – refers to the conditional release of a prisoner
from a correctional institution after he has served the
minimum of his prison sentence;
Parole Supervision – refers to the supervision/
surveillance by the Probation and Parole officer of a
parolee;
Parolee –refers to a prisoner who is released on parole;
Penal Superintendent – refers to the officer-in-charge of
the New Bilibid prison, the Correctional Institution for
Women and the prison and penal farms of the Bureau
of Corrections.
Prison Record – refers to information concerning an inmate’s
personal circumstances, the offense he committed, the sentence
imposed, the criminal case number in the trial and appellate
courts, the date he commended serving his sentence, the date he
was received for confinement, the place of confinement, the date
of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while prison;
Probation and Parole Officer – refers to the Probation and Parole
Officer undertaking the supervision of the Parolee;
Regional Director – refers to the Head of the Parole and Probation
Administration in the region;
Release Document – refers to the “Discharge on Parole” issued by
the Board; and
Warden – refers to the Officer-in-charge of the Provincial, City,
Municipal or district jail.
Probation
Another form of non-institutional corrections
practices that gives a sentenced convict the chance to
reform and rehabilitate himself without having to
spend time in jails.
Probation does not confine to prison a sentenced
prisoner but rather released and undergo personalized
community based treatment.
 It derived from the Latin word “Probatio” which
means testing period.
Originated in England in the year 1841.
Matthew Davenport Hill – regarded as the father of
Probation in England.
John Augustus – Father of Probation in USA
Edward Savage – former Boston Chief of Police held as
the first Probation Officer employed by the
government.
Probation in the Philippines
Probation was first introduced in the Philippines
during the American colonial period (1898-1945) with
the enactment of the Act no. 4221 of the Philippine
Legislature on August 7, 1935.
In 1972, House bill no. 393 was filed in congress,
which would establish a probation system in the
Philippines. This bill avoided the objectionable
features of Act 4221 that struck down the 1935 law as
unconstitutional.
Congressmen Teodulo C. Natividad and Ramon
Bagatsing introduced “ An Act establishing Probation
in The Philippines, Providing Probation Offices,
therefore and other Purposes.”

On July 24, 1976, PD 968 also known as Adult Probation

Law of 1976, signed into law by the President of the
Philippines.
Probation – is a disposition under which a defendant, after
conviction and sentence, is released to the supervision of a
probation officer subject to conditions imposed by the court.
The purposes are as follows:
To protect society through controlled programs of
supervision of offenders;
To promote the correction and rehabilitation of an offender
by providing him with individual treatment;
To provide opportunity for the reformation of a particular
offender which might be less probable if he were to serve a
prison sentence;
To prevent the commission of the offenses; and
To re-integrate the offender into society.
Advantages of Probation
Seen as more helpful than imprisonment in serving the ends
of justice and protecting society as a whole, probation spares
the offender the degradation, embitterment and disabling of
imprisonment would only confirm them in criminal ways.
It gives the probationers the chance to work, live with his
family preventing broken homes and it gives the government
an opportunity to save funds for the practice of probation is
less expensive which only amounts to ten percent of the
usual cost of sending criminals to prison.
This will serve to decongest our seven national prison
facilities which are overpopulated.
Who are disqualified for probation?
1. Those sentenced to serve a maximum term of imprisonment of
more then six (6) years;
2. Those convicted of subversion or any crime against National
Security or the Public Order;
3. Those who have previously been convicted by final judgment of
an offense punished by imprisonment of not less than one
month and one day and/ or fine of not less than two Hundred
Pesos (200.00);
4. Those who have been once on probation under the provisions of
this Decree; and
5. Those who are already serving sentence at the time the
substantive provisions of the Probation Law became applicable.
PRESIDENTIAL DECREE NO. 968
SECTION 1. Title and Scope of the Decree- this decree shall be know
as the probation law of 1976. it shall apply to all offenders except those
entitled to the benefits under the provisions of the presidential Decree
Number Six Hundred and Three and similar laws.
SECTION 3. Meaning of Term. – As used in this decree; the following
shall, unless the context otherwise requires, be construed thus:
a) Probation – is a disposition, under which a defendant, after
conviction and sentence, is released subject to condition imposed by
the court and to supervision of a probation officer.
b) Probationer – means a person who is placed on probation.
c) Probation officer – means one, who investigates for the court a
referral for probation or supervises a probationer or both.
SECTION 4. Grant of Probation, - Subject to the provision of
this Decree, the trial court may, after it shall have convicted and
sentenced a defendant, and upon application by said defendant
within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation
for such period and upon such terms an conditions as it may
deem best; provided, That, no application for probation shall be
entertained or granted if the dependant has perfected an appeal
from the judgment of conviction.
Probation may be granted whether the sentence imposes a term
of imprisonment or a fine only. An application for probation
shall be deemed a waiver of right to appeal.
An order granting or denying probation shall not be appealable.
SECTION 5. Post-Sentence Investigation. – no person shall
be placed on probation except upon prior investigation by
the probation officer and determination by the court that
the ends of justice and the best interest of the public as well
as that of the defendant will be served thereby.
SECTION 7. Period for Submission of Investigation
Report.- The probation officer shall submit to the
court the investigation report on a defendant not later
than sixty days from the receipt of the order of said
court to conduct the investigation. The court shall
resolve the application for probation not later than
fifteen days after the receipt of said report.
SECTION 8. Criteria for Placing an Offender on Probation.- In
determining whether an offender may be placed on probation,
the courts shall consider all information relative to the
character, antecedents, environment, mental and physical
condition of the offender and available institutional and
community resources. Probation may be denied if the court finds
that:
a) The offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
b) There is an undue risk that during the period of probation, the
offender will commit another crime; or
c) Probation will depreciate the seriousness of the offense
committed.
SECTION 10. Conditions of probation. – Every
probation order issued by the court shall contain
conditions requiring that the probationer shall;
a) Present himself to the probation officer designated
to undertake his supervision at such place as may be
specified in the order within seventy two (72) hours
from receipt of the said order;
b) Report to the probation officer at least once a month
at such time and place as specified by said officer.
The court may also require the probationer to:
a) Cooperate with a program of supervision;
b) Meet his family responsibilities;
c) Devote himself to specific employment and not to change
said employment without the prior written approval of
probation officer;
d) Undergo medical, psychological or psychiatric examination
and treatment and enter and remain in a specified
institution, when required for that purpose;
e) Pursue a prescribed secular study or vocational training;
f) Attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
g) Refrain from visiting houses of ill-repute;
h) Abstain from drinking intoxicating beverages to excess;
i)Permit the probation officer or an authorized social
worker to visit his home and place of work;
j) Reside at premises approved by it and not to change his
residence without its prior written approval; or
k) Satisfy any other conditions related to the rehabilitation
of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
SECTION 11. Effectivity of Probation order,- a probation order shall take
effect upon its issuance, at which time the court shall inform the
offender of the consequence thereat and explain that upon his
failure to comply with any of the conditions prescribed in the said
or order his commission of another offense, he shall serve the
penalty imposed for the offense under which he was placed.
SECTION 12. Modification of Condition of Probation.- During the
period of probation, the court may, upon application of either the
probationer or the probation officer, revise modify the conditions or
period of probation. The court shall notify either or the probationer
or the probation officer of the filing of such an application so as to
give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and
probationer of any change in the period or conditions of probation.
SCETION 13. Control and Supervision of Probationer. The
probationer and his probation program shall be under the
control of the court that placed him on probation subject to
actual supervision and visitation by a probation officer.
whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the court of first instance
of that place, in such a case, a copy of the probation order, the
investigating report and other pertinent records shall be
furnished said executive judge. Thereafter, the executive judge
to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously
possessed by the court, which granted the probation.
SECTION 14. Period of Probation.
a) The period of probation of a defendant sentenced to
a term of imprisonment of not more than one year
shall not exceed two years, and in all other cases, said
period shall not exceed six years.
b) When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment
in case of insolvency, the period of probation shall
not be less than nor be more than twice the total
number of days of subsidiary imprisonment as
computed at the rate established in Article thirty-
nine of the revised penal code, as amended.
SECTION 15. Arrest of Probationers: Subsequent
Disposition – at any time during the probation, the
court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions
of probation, the probationer, once arrested and
detained, shall immediately be brought before the
court for a hearing of violation charged. The defendant
may be admitted to bail pending such hearing. In such
case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to
probationers arrested under this provision.
SECTION 16. Termination of probation. – After the period
of probation and upon consideration of the report and
recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding
that he has fulfilled terms and conditions of his probation
and thereupon, the case is deemed terminated.
The final discharge of the probationer shall be operate to
restore to him all civil rights lost or suspended as a result of
his conviction and fully discharge his liability for any time
imposed as to the offense for which probation was granted.
The probationer and probation officer shall be each be
furnished with a copy of such order.
Definition of Terms
Probation- a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the Trial court and to the Supervision of a
probation Officer;
Petitioner- a convicted defendant who files an application
for probation;
Probationer- a person who is placed under probation;
Probation Officer- one who investigates for the trial court a
referral for probation or supervises a probationer or does
both functions and performs other necessary and related
duties and functions as directed;
Trial Court- refers to the Regional Trial Court (RTC) of
the province or city/ municipal court which has
jurisdiction over the case;
Probation Office- refers either to the Provincial or city
Probation Office directed to conduct investigation or
supervision referrals as the case may be; and
Probation Order- order of the Trial Court granting
probation