Skip to content

WASALAK Knows
Criminology related contents
 Home
 Blog
 About
 Contact
Non-Institutional Corrections
IC covers the following topics:

1. Historical perspective of the Development of Community-

Based Corrections;
2. The Probation;
3. Parole; and
4. 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:

1. 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;
2. 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;
 3. Rehabilitation can be monitored by the community, thus
corrections can be made and be more effective; and
4. Cost of incarceration will be eliminated which is extremely
beneficial especially to a cash-strapped government.[1]

Simple Recall/Definition of Terms

Person whose application has given due course by the court but
fails to report to the probation officer of his location cannot be
located (Absconding Petitioner).

Person who probation is granted but failed to report for

supervision within the period order by the court of his location is
unknown (Absconding Probationer).

Refers to the total extinction of the criminal liability of the

individual to whom it is granted without any condition. It restores
to the individual his civil and political rights and remits the penalty
imposed for the particular offense of which he was convicted
(Absolute Pardon).

It is an act of the sovereign power granting oblivion or a general

pardon for a past offense, and is rarely, if ever, exercised in favor
of a single individual, and is usually exerted in behalf of certain
classes of persons, who are subject to trial but have not yet been
convicted (Brown vs. Walker, 161 US 602) Amnesty)).

Church people are exempted from governmental punishment but

are prosecuted in accordance with the laws of the church (Benefit
of the Clergy).

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-appeal,
certificate of detention and other pertinent documents of the case
(Carpeta).

Refers to a parolee/pardonee who is placed under supervision of

a Probation and Parole Officer (Client).

Refers to the reduction of the duration of prison sentence of a

prisoner (Commutation of Sentence).

Refers to the exemption of an individual, within certain limits or

conditions, from the punishment which the law inflicts for the
offense he had committed resulting in the partial extinction of his
criminal liability (Conditional Pardon).

Under Section 19 Article VII of the Constitution, except in cases of

impeachment or as otherwise provided therein, the President may
grant reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment. Executive clemency
rests exclusively within the sound discretion of the President, and
is exercised with the objective of preventing a miscarriage of
justice or correcting a manifest injustice (Executive Clemency).

Refers to the report submitted by the Probation and Parole Officer

on violations committed by a parolee/pardonee of the conditions
of his release on parole or conditional pardon while under
supervision (Infraction Report).

One who is sentenced to a maximum term of imprisonment of

more than three (3) years or to a fine of more than five (5)
thousand pesos; or regardless of the length of sentence imposed
by the Court, to one sentenced for violation of the customs law or
other laws within the jurisdiction of the Bureau of Customs or
enforceable by it, or to one sentenced to serve two (2) or more
prison sentences in the aggregate exceeding the period of three
(3) years (National Prisoner).

Refers to the use of variety of officially ordered program

based sanctions that permit convicted offender to remain in the
community under supervision as an alternative to active
imprisonment (Non-Institutional Corrections).

Refers to a prisoner who is released on conditional pardon

(Pardonee).

The conditional release of an 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 (Parole).

Refers to the supervision/surveillance by a Probation and Parole

Officer of a parolee /pardonee (Parole Supervision).

A convicted defendant who files a formal application for probation

(Petitioner).

Disposition under which a defendant after conviction and

sentence, is release subject to condition imposed by the court and
to the supervision of a probation officer (Probation).

Means a person placed on probation (PD No. 968) Probationer)).

Refers to the report submitted by the Probation and Parole Officer
on the conduct of the parolee/pardonee while under supervision
(Progress Report).

This is the vehicle used to find out the petitioner’s legal

qualifications and his suitability for probation. It is also used in
establishing the diagnosis for his favorable response to the
community-based and individualized correction program (Post-
Sentence Investigation/PSI).

It “is a mode of securing the release of any person in custody or

detention for the commission of an offense who is unable to post
bail due to abject poverty. The court where the case of such
person has been filed shall allow the release of the accused on
recognizance as provided herein, to the custody of a qualified
member of the barangay, city or municipality where the accused
resides” (Section 3, RA No. 10389) Recognizance)).

Refers to the Conditional Pardon/Absolute Pardon issued by the

President of the Philippines to a prisoner or to the “Discharge on
Parole” issued by the Board (Release Document).

The President may prevent the collection of fines or confiscation

of property (Remission).

Refers to the deferment of the implementation of the sentence for

an interval of time; it does not annul the sentence but merely
postpones or suspends its execution (Reprieve).

A city or region or church where state agents were forbidden to

enter for purposes of arresting the accused (Sanctuary).
Refers to the final report submitted by the Probation and Parole
Officer on his supervision of a parolee/pardonee as basis for the
latter’s final release and discharge (Summary Report).

The continuing relationship between the probationer and the

probation officer (Supervision).

NOTABLE PERSONALITIES

The Superintendent of a penal colony at Norfolk Island in

Australia who introduced a progressive humane system to
substitute for corporal punishment. When a prisoner earned a
required number of marks, he was given ticket of leave, which is
the equivalent of parole. The first thing that Maconochie did was
to eliminate the Flat Sentence, a system that had allowed no hope
of release until the full time had been served. Then he developed
a Mark System whereby a convict could earn freedom by hard
work and good behavior. This put the burden of release on the
convict. As Maconochie said, “when a man keeps the key of his
own prison, he is soon persuaded to fit it into the lock.”(Capt.
Alexander Maconochie (Father of Parole))[2]

Warden of the Auburn and later of Sing Sing (which he built), was
one of the most influential persons in the development of early
prison discipline in America. He is described as having been a
strict disciplinarian who believes that all convicts were cowards
who could not be reformed until their spirit was broken. To this
end, he devised a system of brutal punishments and degrading
procedures, many of which remained as accepted practice until
very recent times (Elam Lynds).[3]

American prison reformer, founded the New England Women’s

Auxiliary Association to the United States Sanitary Commision,
worked with homeless and vagrant women after the Civil War
through the Dehham Asylum for Discharged Female Prisoners,
and served as superintendent of the Massachusetts Reformatory
Prison for Women at Framingham (Ellen Cheney Johnson).

He was famous for the establishment of agricultural colony for

delinquent boys in France in 1839. The boys were housed in
cottages with house fathers as in charge. The system was based
on reeducation rather than force. When discharge the boys were
place under the supervision of a patron (Frederick-Auguste
Demetz).[4]

First director of Federal Bureau of Investigation (J. Edgar

Hoover).

Father of Penitentiary Science (Jean Jacques Villian).

Boston boot maker who is called the “Father of Probation” in the

United States because of his pioneering efforts to campaign for
more lenient sentences for convicted criminals based on their
backgrounds. In 1841, Augustus approached the Boston,
Massachusetts police court and persuaded them to let a ‘common
drunkard’ be left in his care instead of going to prison. The
conditions were that a fine needed to be paid and the offender
must return before the court in three weeks. After three weeks of
being in Augustus’ care, in which Augustus found him a job and
made him sign a pledge to stop drinking, the offender and
Augustus returned to astonish the court. The offender was
completely sober and his appearance demeanor had drastically
improved. The court allowed Augustus to take more and more
offenders into his custody (John Augustus).[5]
 Olin Guy Blackwell – He was the fourth and final warden
of Alcatraz Federal Penitentiary, which was situated on Alcatraz
Island, California, US.

He was the first Director of Federal Bureau of Prisons – (Sanford

Bates).

He was a Director of English Prisons and after visiting Elmira in

1897, he established the Borstal Institution near Rochedi, in Kent.
The Borstal Institution of England became the earliest best reform
institution for young offenders (Sir Evelyn Ruggles Brise).[6]

Chairman of the Director of Irish prisons. In 1856, Crofton

introduced the “Irish System”, later on called the progressive
stage system (Sir Walter Crofton).[7]

In 1876, the New York State Reformatory at Elmira was

established with Brockway as Superintendent. Brockway
introduced in Elmira a new institutional program for boys from 16
to 30 years of age (Zebulon R. Brockway).[8]

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.[9] 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.[10]

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.[11]

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 19th 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. [12]

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.[13] 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.[14]

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.[15]

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.[16]
PAROLE AND PROBATION ADMINISTRATION[17]

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:

1. to administer the parole and probation system;

2. to exercise supervision over parolees, pardonees and
probationers; and
3. to promote the correction and rehabilitation of criminal
offenders.

FAQS ON PROBATION[18]

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)

1. Those sentence to serve a maximum term of imprisonment

of more than six (6) years;
2. Those convicted of any crime against the national security
3. Those who have been previously convicted by final judgment
of an offense punished by imprisonment of more than six (6)
months and one (1) day and/or a fine of more than one (1)
day and/or a fine of more than one thousand pesos;
4. Those who have once on probation under the provisions of
this Decree; and
5. Those who already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 of hereof.
6. Those legally disqualified under special penal laws:
7. Offenders found guilty of any election offense in accordance
with Section 264 of B.P. Blg. 881 (Omnibus Election Code);
8. Offenders found guilty of violating RA No. 6727 (Wage
Rationalization Act, as amended);
9. Offenders found guilty of violating RA No. 9165, The
Comprehensive Dangerous Drugs Act of 2002, except
Section 12, 14, 17, and 70.

Will probation be automatically granted to one whose sentence is

six (6) years or less?

No, the applicant may be denied by the court if:

1. The offender would be better rehabilitated if he/she is sent to

prison to serve his/her sentence;
2. There is undue risk that the offender will likely commit
another crime;
 3. Probation will depreciate the seriousness of the offense
committed;

Where shall an application for probation be filed?

The application shall be filed with the court that tried and
sentenced the offender.

When should an application for probation be filed?

Anytime before the offender starts serving his sentence but within
fifteen (15) days from the promulgation or notice of the judgment
of conviction. However, under Section 42 of RA No. 9344, the
Juvenile Justice and Welfare Act of 2006, the court may, after it
shall have sentenced a Child in Conflict with the Law and upon
application at anytime placed the child on probation in lieu of
service of his sentence.

What will happen if the application for probation is denied?

The offender will be sent by the sentencing court to prison

to serve his sentence.

May an offender be released from confinement while his

application for probation is pending?

Yes, the applicant may be released under the bail he filed in

the criminal case, or under recognizance.

How many times can one be granted probation?

Only once.
How long is the period of probation?

Not more than two (2) years if the sentence of the offender is
one (1) year or less; and not more than six (6) years if the
sentence is more than one (1) year.

What conditions are imposed by the court on an offender who is

released on probation?

1. To report to the probation officer within seventy two (72)

hours after he receives the order of the court granting
probation;
2. To report to his probation officer at least once a month; and
3. Not to commit any other offense while on probation.

What will happen if a probationer violates the conditions of

probation?

The court may modify the conditions of probation or revoke

the same. If the violation is serious, the court may order the
probationer to serve his prison sentence. The probationer may
also be arrested and criminally prosecuted if the violation is a
criminal offense.

Purpose of Probation

1. Promote the correction and rehabilitation of an offender by

providing him with individualized treatment;
2. Provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a
prison sentence; and
3. Prevent the commission of offenses (Section 2, Presidential
Decree No. 968).
Benefits and Advantages of Probation

1. Probation assists the government

1. It reduces the population of prisons and jails.
2. It cuts enormous expense in maintaining jails.
3. It reduces recidivism and overcrowding in jails and
prisons.
4. It saves the government a total of Php 2.8 Billion in
terms of prisoners maintenance in jails and prisons all
over the country.
5. It reduces the burden on the police forces and
institutions of feeding and guarding detainees.
6. It makes the offenders taxpayers instead of taxeaters.
7. It lessens the clogging of courts.
8. It lightens the load of prosecutors.
9. It adheres to the concept of Restorative Justice. Thus, a
total of Php 137.923 Million has been paid to clients’
victim and/or their heirs.[19]
2. Probation protects society
3. From the excessive costs of detention.
4. From the high rate of recidivism of detained offenders.[20]
5. Probation protects the victim
1. It provides restitution.
2. It preserves justice.[21]
6. Probation protects the family
1. It does not deprive the wife and children of husband
and father.
2. It maintains the unity of the home.[22]
7. Probation helps the offender
1. It maintains his earning power.
2. It provides rehabilitation in the community.
3. It restores his dignity.[23]
8. Probation justifies the philosophy of Men
1. That life is sacred.
 2. That all men deserve a second time.
3. That an individual can change.

Probation Investigation Procedures

The PSI gathers information on the petitioner’s personality,

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

General Inter-Office Referral

Courtesy Investigation

 Full Blown Courtesy Investigation (FBCI)

 Is a transient offender in a place of commission of the crime
and/or a permanent resident of another place;
 Has spent pre-adolescent and/or adolescent life in the
province or city of origin;
 Has attended and/or finished education therein; and
 Have immediate family members and acquaintances who
are residents of the place of origin.
 Partial Courtesy Investigation (PCI) – It shall be used for
petitioners who do not fall within the purview of the FBCI and
is conducted by another PPO.

INDETERMINATE SENTENCE LAW

Act No. 4103 as amended by Act No. 4225 and Republic Act No.
4203

Purpose

To uplift and redeem valuable human material, and prevent

unnecessary and excessive deprivation of liberty and economic
usefulness. Penalties shall not be standardized but fitted as far as
possible to the individual, with due regard to the imperative
necessity of protecting the social order (People v. Ducosin, 59
Phil 109). Under Section 5 of said Act, it is the duty of the Board
of Pardons and Parole to look into the physical, mental and moral
record of prisoners who are eligible for parole and to determine
the proper time of release of such prisoners on parole.

Coverage

1. General Rule: All persons convicted of certain crimes under

Philippine courts.
1. Exceptions (Section 2), law will NOT apply to persons:
2. Convicted of offense punishable by death penalty or life
imprisonment;
3. Convicted of treason, conspiracy or proposal to commit
treason
4. Convicted of misprision of treason, rebellion, sedition or
espionage;
5. Convicted of piracy;
6. Who are habitual delinquents;
7. Who escaped confinement or evaded sentence or violated
the terms of a conditional pardon;
8. Whose maximum term of imprisonment (imposed) does not
exceed one year;
9. Whose penalty is suspension or distierro; and
 10. Person already sentenced by final judgment at the time
this Act was approved (December 5, 1933).

An indeterminate sentence is a sentence imposed for a crime that

is not given a definite duration. The prison term does not state a
specific period of time or release date, but just a range of time,
such as one year and one day to five years.[24] To uplift and
redeem valuable human material, and prevent unnecessary and
excessive deprivation of personal liberty and economic
usefulness and to individualize the administration of our criminal
law, Indeterminate Sentence Law (Act No. 4103 as amended)
provides for an indeterminate sentence and parole for all persons
convicted of certain crimes by the courts of the Philippines. In
addition, it provides for the creation of the Board of Pardons and
Parole, or the Board of Indeterminate Sentence, provided in
Section 3 of the said Act tasked to look into the physical, mental
and moral record of the prisoners who are eligible to parole and to
determine the proper time of release of such prisoners.[25]

The court must, instead of a single fixed penalty, determine two

penalties, referred to in the Indeterminate Sentence Act as the
‘maximum’ and ‘minimum’ terms. The basic mandate of the
Indeterminate Sentence Law is the imposition of, instead of a
single fixed penalty, determined two penalties, referred to in the
Indeterminate Sentence, which is comprised by a minimum term
and maximum term. It is indeterminate in the sense that after
serving the minimum, the convict may be release on parole, or if
he is not fitted for release, he shall continue serving his sentence
until the end of the maximum. It is the fixing of the minimum and
maximum terms, which generates a lot of confusion and is the
constant source of error of some judges.[26]

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.[27]

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.
[28] In accordance with Section 19, Article VII of the 1987
Philippine Constitution, the President has the plenary power to
grant executive clemency, except on the following three (3)
constitutional limitations to wit:

1. In cases of impeachment;
1. In cases involving of election laws, rules and
regulations as provide in Section 5, Paragraph C,
Article IX of the 1987 Philippine Constitution without
favorable recommendation of the Commission on
Elections; and
2. In cases where the conviction is on appeal or has not
become final and executory.[29]
What are those “extraordinary circumstances” that may be
present for the Board to recommend to the President the grant of
executive clemency?

1. The trial court or appellate court in its decision

recommended the grant of executive clemency for the
inmate;
2. Under the peculiar circumstances of the case, the penalty
imposed is too harsh compared to the crime committed;
3. Evidence which the court failed to consider, before
conviction which would have justified an acquittal of the
accused;
4. Inmates who were over fifteen (15) years but under eighteen
(18) years of age at the time of the commission of the
offense;
5. Inmates who are seventy (70) years old and above whose
continued imprisonment is inimical to their health as
recommended by a physician of the Bureau of Corrections
Hospital and certified under oath by a physician designated
by the Department of Health;
6. Inmates who suffer from serious, contagious or life-
threatening illness disease, or with severe physical disability
such as those who are totally blind, paralyzed, bedridden,
etc., as recommended by a physician of the Bureau of
Corrections Hospital and certified under oath by a physician
designated by the Department of Health;
7. Alien inmates where diplomatic considerations and amity
among nations necessitate review; and
8. Such other similar or analogous circumstances whenever
the interest of justice will be served thereby.”[30]

Eligibility for Review of Cases for Executive Clemency (Other

Circumstances)
When none of the extraordinary circumstances exist, the Board
may nonetheless review and/or recommend to the President the
grant of executive clemency to an inmate provided the inmate
meets the following minimum requirements of imprisonment:

1. For Commutation of Sentence, the inmate should have

served:
1. At least one-third (1/3) of the definite or aggregate
prison terms;
2. At least one-half (1/2) of the minimum of the
indeterminate prison term or aggregate minimum of the
indeterminate prison terms;
3. At least ten (10) years for inmates sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for
crimes/offenses not punished under Republic Act No.
7659 and other special laws;
4. At least thirteen (13) years for inmates whose
indeterminate and/or definite prison terms were
adjusted to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the
Revised Penal Code as amended;
5. At least fifteen (15) years for inmates convicted of
heinous crimes/offenses as defined in Republic Act No.
7659 or other special laws, committed on or after
January 1, 1994 and sentenced to one (1) reclusion
perpetua or one (1) life imprisonment;
6. At least eighteen (18) years for inmates convicted and
sentenced to reclusion perpetua or life imprisonment for
violation of Republic Act No. 6425, as amended,
otherwise known as “The Dangerous Drugs Act of
1972” or Republic Act No. 9165 also known as “The
Comprehensive Dangerous Drugs Act of 2002”, and for
kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes;
 7. At least twenty (20) years for inmates sentenced to two
(2) or more reclusion perpetua or life imprisonment
even if their sentences were adjusted to a definite
prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal Code, as
amended;
8. At least twenty-five (25) years for inmates originally
sentenced to death penalty but which was automatically
reduced or commuted to reclusion perpetua or life
imprisonment.
2. For Conditional Pardon, an inmate should have served at
least one-half (1/2) of the maximum of the original
indeterminate and/or definite prison term.
3. For Absolute Pardon, after he has served his maximum
sentence or granted final release and discharge or court
termination of probation. However, the Board may consider a
petition for absolute pardon even before the grant of final
release and discharge under the provision of Section 6 of
Act No. 4103, as amended, as when the petitioner:
1. Is seeking an appointive/elective public position or
reinstatement in the government service;
2. Needs medical treatment abroad which is not available
locally;
3. Will take any government examination; or
4. Is emigrating.[31]

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.[32]

Two (2) Kinds of Pardon in the Philippines

1. Absolute Pardon – refers to the total extinction of the

criminal liability of the individual to whom it is granted without
any condition whatsoever and restores to the individual his
civil rights and remits the penalty imposed for the particular
offense of which he was convicted. The purposes of
absolute pardon are:
1. To right a wrong; and
2. To normalize a tumultuous political situation. [33]
1. Conditional Pardon – refers to the exemption of an
individual, within certain limits or conditions, from
the punishment that the law inflicts for the offense
he has committed resulting in the partial extinction
of his criminal liability. It is also granted by the
President of the Philippines to release an inmate
who has been reformed but is not eligible to be
released on parole.[34]

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.
[35]

What is the relevance of the “final and executory” nature of the

criminal case judgment of the convicted person, insofar as
application for Executive Clemency is concerned?

The Board may consider the case of a prisoner for executive

clemency or parole only after his case has become final and
executory. It will not take action on the petition of a prisoner who
has a pending criminal case in court or when his case is on
appeal.[36]

Note: An accused cannot apply for pardon if his case is on appeal

because his conviction must be by final judgment.

AMNESTY

A special form of pardon exercised by the President of the

Republic is amnesty. Amnesty is a general pardon extended to a
certain class of people who are usually political offenders. In
amnesty, the concurrence of Congress is needed and the courts
also take judicial notice of the act by the President. It can be
granted before or after conviction by the courts.[37]

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.[38]

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 Public act which court should take judicia
must proved it cognizance
Granted to common crime doers or
Granted to political offenders
common crime criminals
Looks forward – does not restore Looks backward and put in oblivion the
the right to hold public office, offense itself, the person released on
unless these rights are expressly amnesty in the eyes of the law is a new
restored by the pardon person who committed no offense
Does not exempt from civil
May obliterate civil indemnity
indemnity

What is the procedure in the grant of amnesty?

 Presidential proclamation of amnesty;

 Applicant of amnesty must admit his guilt;
 Ad Hoc committee reviews the application;
 Application is referred to Secretary of National Defense or
COMELEC as the case may be for comment;
 Ad Hoc Committee recommends to the President; and
  Congress must concur with the proclamation.

REPRIEVE

Like Pardon, Reprieve is also another prerogative exercised by

the President of the Philippines. Generally, it is applied to death
sentences already affirmed by the Supreme Court. But it can also
be invoked in other cases that have become final. Reprieve is the
temporary stay of the execution of a sentence. Like pardon, the
President can only exercise reprieve when the sentence has
become final. Generally, reprieve is extended to death penalty
prisoners. The date of execution of sentence is temporarily
postponed indefinitely to enable the Chief Executive to thoroughly
study the petition of the condemned man for commutation of
sentence or pardon.[39]

COMMUTATION OF SENTENCE

Commutation of sentence shall refer to the reduction of the

duration of a prison sentence. It is another prerogative of the
President. It is an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term. Commutation
does not forgive the offender but merely reduces the penalty of
life imprisonment or death sentence for a term of years.
[40] Commutation of sentence also benefits inmates sentenced to
a fixed or determinate sentence, which renders him or her eligible
for parole. Commutation of sentence changes the original fixed
sentence to a lesser indeterminate sentence, which will then
enable the beneficiary to be released on parole. Commutation is
also appropriate to use with convicts sentenced to several counts.
The sentence may be commuted to one single indeterminate
sentence through commutation and rendering the recipient to
avail of parole after serving the minimum sentence.[41]
Petitions for commutation of sentence may be reviewed if the
prisoners meet the following minimum requirements:

1. The prisoner shall served at least one-third (1/3) (now ½) of

the minimum of his indeterminate and/or definite sentence or
the aggregate minimum of his indeterminate and/or definite
sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion
Perpetua or life imprisonment for crimes or offenses
committed before January 1, 1994.
3. At least twelve (12) (now 13 years) years for prisoners
whose sentences were adjusted to a definite prison term of
forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous
crimes as defined in Republic Act No. 7659 and other
special laws committed on or after January 1, 1994 and
sentenced to one or more Reclusion Perpetua or life
imprisonment.
5. At least twenty (20) years in case of one (1) or more death
penalty/penalties, which was/were automatically reduced.
[42]

Requirements before commutation is granted

1. Prisoners must have served at least 1/3 of the definite or

aggregate prison terms;
2. Prisoner must serve at least ½ of the minimum of the
indeterminate prison term or aggregate minimum of the
indeterminate prison terms;
3. At least 13 years for inmates whose indeterminate were
adjusted to a prison term of 40 years under Article 70, RPC;
4. At least 15 years for inmates convicted of heinous crimes
under RA 7659 or other special laws, committed on or before
 January 1, 1994 and sentenced to one reclusion perpetua or
one life imprisonment;
5. At least 18 years for inmates convicted of reclusion
perpetua or life under RA 6425 and RA 9165;
6. At least 18 years for those convicted of kidnapping for
ransom, terrorism, plunder and transnational crimes;
7. 20 years for inmates sentenced to two or more reclusion
perpetua or life imprisonment;
8. 25 years for death convicts but whose sentence were
commuted to reclusion perpetua/life imprisonment;
9. At least ten (10) years for inmates sentenced to one
(1) reclusion perpetua or one (1) life imprisonment for
crimes/offenses not punished under RA No. 7659 and other
special laws (Resolution No. 24-4-10, BPP).

PAROLE

The release of prisoners before the expiration of his maximum

sentence is what is called Parole. The 1957 National Conference
on Parole has defined it as “a method of selectively releasing an
offender from an institution prior to completion of his maximum
sentence, subject to conditions specified by the paroling authority,
a method whereby society can be protected and the offender can
be provided with a continuing treatment and supervision in the
community.”[43]

History of Parole[44]

Rooted in 18th-century English penal practice of indentured

servitude

From 1775 through 1856 English offenders were sent to Australia

(Norfolk Island)
Captain Alexander Maconochie developed the “ticket-of-leave” or
Mark System. The system had five (5) principles:

1. Release should not be based on the completing of a

sentence for a set of period of time, but on the completion of
a determined and specified quantity of labor. In brief, time
sentences should be abolished, and tasked sentences
substituted.
2. The quantity of labor a prisoner must perform should be
expressed in a number of “marks” which he must earn, by
improvement of conduct, frugality of living, and habits of
industry, before he can be released.
3. While in prison he should earn everything he receives. All
sustenance and indulgences should be added to his debt of
marks.
4. When qualified by discipline to do so, he should work in
association with a small number of other prisoners, forming a
group of six or seven, and the whole group should be
answerable for the conduct and labor of each member.
5. In the final stage, a prisoner, while still obliged to earn his
daily tally of marks, should be given a propriety interest in his
own labor and be subjected to a less rigorous discipline, to
prepare him for release into society.[45]

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:
 1. The first stage was composed of solitary confinement and
monotonous work;
1. The second stage was assignment to public works and
a progression through various grades, each grade
shortening the length of stay;
2. The last stage was assignment to an indeterminate
prison where the prisoner worked without supervision
and moved in and out of the free country. When the
prisoner’s conduct continued to be good and if he or
she were able to find employment, then the offender
return to the community on a conditional pardon or
“ticket to leave”.

This “ticket to leave” could be revoked at any time with the span
of the original fixed sentence if the prisoner’s conduct was not up
to standards established by those who supervised the conditional
pardon. Crofton’s plan was the first effort to establish a system of
conditional liberty in the community, the system we know today as
Parole.[46]

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.[47]
In 1931, the Wickersham Commission listed four “essential
elements” of a good parole program

1. Indeterminate sentencing laws

1. Quality release preparation
2. Parole officer’s familiarization with offender’s home and
environmental conditions before offender’s release
3. Sufficient staffing levels

In the 1970s, research found that prison rehabilitation programs

had few positive benefits. Presently, there is increasing support
for the abolition of parole while others advocate reform.

THE BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole is the administrative arm of the

President of the Philippines in the exercise of his constitutional
power to grant, except in cases of impeachment, reprieves,
commutations and pardons, after conviction by final judgment
(Section 19, Article VII of the 1987 Philippine Constitution).

 Act 4103 – created the Board of Indeterminate Sentence

 Executive Order No. 83 – in 1937 changed the name of
Board of Indeterminate Sentence to Board of Pardons
 Executive Order No. 94 – in 1947 renamed it to Board of
Pardons and Parole

Petitions for Parole should be addressed to whom?

Petitions for Parole should be addressed to the Chairman or to

the Executive Director of the Board. However, the Board
may, motu proprio, consider cases for parole, commutation of
sentence or conditional pardon of deserving prisoners whenever
the interest of justice will be served thereby.

Responsibilities of Board of Pardons and Parole

1. Look into the physical, mental and moral records of

prisoners who are eligible for parole or any form of executive
clemency and determines the proper time of release of such
prisoners on parole;
1. Assists in the full rehabilitation of individuals on parole
or those under conditional pardon with parole
conditions, by way of parole supervision; and
2. Recommends to the President of the Philippines the
grant of any form of executive clemency to prisoners
other than those entitled to parole.[48]

Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the board

provided:

1. Inmate is serving an indeterminate sentence the maximum

period of which exceeds one (1) year;
1. Inmate has served the minimum period of the
indeterminate sentence;
2. Inmate’s conviction is final and executory;

In case the inmate has one or more co-accused who had been
convicted, the director/warden concerned shall forward their
prison records and carpetas/jackets at the same time.

 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.[49]

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.[50]

Disqualification for Parole

Pursuant to Section 2 of Act No. 4103, as amended, otherwise

known as the “Indeterminate Sentence Law”, parole shall not be
granted to the following inmates:

1. Those convicted of an offense punished with Death penalty

or Life imprisonment;
1. Those convicted of treason, conspiracy or proposal to
commit treason or espionage;
2. Those convicted of misprision of treason, rebellion,
sedition or coup d’état;
3. Those convicted of piracy or mutiny on the high seas or
Philippine waters;
4. Those who are habitual delinquents, i.e. those who,
within a period of ten (10) years from the date of
release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft,
estafa and falsification, are found guilty of any said
crimes a third time or oftener;
5. Those who escaped from confinement or evaded
sentence;
 6. Those who having been granted Conditional Pardon by
the President shall have violated any of the terms
thereof;
7. Those whose maximum term of imprisonment does not
exceed one (1) year or those with definite sentence;
8. Those convicted of offenses punished with reclusion
perpetua, or whose sentences were reduced to
reclusion perpetua by reason of Republic Act No. 9346
enacted on June 24, 2006, amending RA No. 7569
dated January 1, 2004; and
9. Those convicted for violation of the laws on terrorism,
plunder and transnational crimes.[51]

Difference between Parole and Probation

Parole is different from probation in that the parole is

administrative function of the executive branch of the government,
while the probation is a judicial function. In Parole, the offender
serves part of the sentence in prison before he is released, while
in Probation, the convicted offender does not need to go to prison
at all. In other words, parole is an extension of institutional
treatment while Probation is a substitute for imprisonment. Parole
is granted by the Board, while Probation is granted by the judge.
Both releases are conditional and subject to supervision of a
parole or probation officer.[52]

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.[53]

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.
[54]

What are the contents of the Release Documents of a parolee?

The form of the Release Document shall be prescribed by the

Board and shall contain:

1. the latest 1”x1” photograph, and

1. right thumbprint of the prisoner[55]

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.[56]

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.[57]

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.[58]

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.[59]

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.[60]

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.[61]
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.[62]

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.[63]

Distinguished Parole from Executive Clemency

Parole Executive Clemency
Granted by the Board of
Granted by the
Pardons and Parole
Basis is Act 4103, The
Indeterminate Sentence Basis is the 1987 Constitution
Law
Granted after certain conditions have been
Granted after service of
complied with depending upon the specific
minimum sentence
executive clemency given

Pardon Distinguish from Parole

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

GUIDE TO EARLY RELEASE OF PRISONERS

Release on Recognizance

The offender under custody can be released to a responsible

person in the community as provided under Republic Act No.
6036.

Who may apply?

1. Person charged with the violation of a municipal ordinance.

1. Person charged with a light felony.
2. Person charged with a criminal offense, the prescribed
penalty of which is not higher than 6 months (arresto
mayor) or a fine of Php 2,000.00 or both.

When to apply?

When the offender is committed to any BJMP jail.

Where to apply?

The Presiding Judge of the court.[64]

Release on Bail

Bail is the security given for the release of a person in custody of

the law, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions
provided by the law on bail.

Who may apply?

A person in custody of law.

When to apply?

1. Before or after conviction by the Metropolitan Trial Court,

Municipal Trial Court, MTC in cities and Municipal Circuit
Trial Court (MCTC).
1. Before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua or
life imprisonment.

Where to apply?

1. The court where the case is pending. In the absence or

unavailability of the judge, another branch of the same court
within the province or city.
1. If the accused is arrested in the province, city or
municipality other than where the case is pending, any
Regional Trial Court of said place. In the absence or
unavailability of the Judge, any Metropolitan Trial Judge
or Municipal Circuit Trial Judge therein.
2. If not yet charged in court, any Court in the province,
city or municipality where the person in custody is held.
[65]
Preventive Imprisonment

Batas Pambansa Bilang 85 authorizes the release of a detained

offender who has undergone preventive imprisonment equivalent
to the maximum imposable penalty for the offense charge.

Who may apply?

1. Detention prisoner who is not a recidivist or who was

previously convicted twice or more times of any crime.
1. Detention prisoner who surrendered voluntarily when
upon being summoned for the execution of sentence.

When to apply?

1. When the accused has undergone preventive imprisonment

for a period equal to or more than possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial or the proceeding on appeal, if the same is under
review.
1. When the maximum penalty to which the accused may
be sentenced is destierro, he shall be released after
thirty (30) days of preventive imprisonment.

Where to apply?

The Presiding Judge of the Court.[66]

ROLE OF THE COMMUNITY IN CORRECTIONS

The Philippine Constitution mandates that:

1. the “prime duty of government is to serve and protect the

people” (Section 4, Article II); and
1. “the maintenance of peace and order, the protection of
life, liberty and property, and the promotion of the
general welfare are essential for the enjoyment by all
the people of the blessings of democracy” (Section 5,
Article II).

In the pursuit of these two mandates, the Constitution also

explicitly states that: “the State shall encourage non-
governmental, community-based, or sectoral organizations to
promote the welfare of the nation” (Section 23, Article II).
From these constitutional readings, it is very clear that the
community pillar of the criminal justice 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.[67] 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.[68] 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.[69] 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.[70]

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.
[71] 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.[72]

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.[73]

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.[74]

1. Therapeutic Community (TC) – it is environments that help

people get help while helping others. It is a treatment
environment: the interactions of its members are designed to
be therapeutic within the context of the norms that require for
each to play the dual role of client-therapist. At a given
moment, 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.[75]

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.[76]

What are the salient features of TC ?[77]

 1. The primary “therapist” and teacher is the community itself,
consisting of peers and staff, who, as role models of
successful personal change, serve as guides in the recovery
process.
1. TC adheres to precepts of right living: Truth/honesty;
Here and now; Personal responsibility for destiny;
Social responsibility (brother’s keeper); Moral Code;
Inner person is “good” but behavior can be “bad”;
Change is the only certainty; Work ethics; Self-reliance;
Psychological converges with philosophical (e.g. guilt
kills).
2. It believes that TC is a place where: One can change –
unfold; the group can foster change; individuals must
take responsibility; structures must accommodate this;
Act as if – go through the motion.
3. There are 5 distinct categories of activity that help
promote the change:
4. Relational/Behavior Management
5. Affective/Emotional/Psychological
6. Cognitive/Intellectual
7. Spiritual
8. Psychomotor/Vocational-Survival Skills

These tools serve more than just the purpose of curbing

unproductive behavior. They are also a means used for enforcing
community sanctions on behavior that undermine the safety and
integrity of the community such as violations of the cardinal rules
of TC: NO drugs, NO violence or threat of violence, NO sexual
acting out and NO stealing! Everything an officer does is meant to
erase “street behavior” and to lead the offender to be committed
to “right living”.

When the office gives seminars and tutorials, arranges activities

focused on the Higher Power, conducts games, educational trips
and other recreational activities, we 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.[78]
What are the effects of Restorative Justice as a rehabilitation
program of PPA?

1. Reintegration of the offenders to the social mainstream and

encouraging them to assume active responsibility for the
injuries inflicted to the victims;
1. Proactive involvement of the community to support and
assist in the rehabilitation of victims and offenders;
2. Attention to the needs of the victims, survivors and
other persons affected by the crime as participating
stakeholders in the criminal justice system, rather than
mere objects or passive recipients of services of
intervention that may be unwanted, inappropriate or
ineffective;
3. Healing the effects of the crime or wrongdoing suffered
by the respective stakeholders; and
4. Prevention of further commission of crime and
delinquency.[79]

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.[80]

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.[81]
 What are the roles of the probation and parole officers in the
implementation of Restorative Justice?

A Probation and Parole Officer assigned to handle investigation

and supervision caseloads acts as restorative justice planner. As
such, he/she undertakes the following responsibilities:

1. Identifies and recommends to the Chief Probation and

Parole Officer (CPPO) potential case for Peacemaking
Encounter;
1. Conducts dialogue to explore the possibility of
restorative justice process;
2. Coordinates/collaborates with responsible members
and leaders of community for their participation in the
conference;
3. Serves as facilitator-strength in the conference;
4. Assists in healing process of stakeholders based on the
Supervision Treatment Plan; and
5. Prepares casenotes reflective of restorative justice
values and utilizing the following points:
6. Impact of crime and effect of victimization
7. Victim inputs and involvement opportunities
8. Offender opportunity to take direct responsibility for the
harm inflicted on the victim and/or the community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and

issues office orders; and
1. 2. Implements and monitors plans and agreements
achieved during the conference and sets direction to
realize success of the process.[82]
What are the procedural safeguards to be observed in applying
the restorative justice processes to resolve conflicts arising from
the criminal offense?

1. The clients must admit the offense to be eligible for the

conference, and if possible, they should be encouraged to
take full responsibility;
1. A personal visit by the Restorative Justice planner may
be necessary to solicit interest and willingness of
stakeholders to participate in the restorative process;
2. The victims’ preference for the time, date and place of
the meeting should be given greatest weight;
3. Restorative Justice planners should also get in touch
with community strengths to serve as facilitator like
local officials, members of the Lupon Tagapamayapa or
any responsible and respected personalities in the
locality;
4. A pre-conference meeting with the selected facilitators
prior to the actual conduct of peace encounter
conference should be set to carefully plan for all the
details, from the sitting arrangements and refreshments
to the box of tissue papers which incidentally would let
participants know that display of emotions is okay;
5. A pre-conference meeting could likewise be arranged
separately with individual stakeholders to explain the
process and other vital details of the conference;
6. The Restorative Justice planner should ensure that
everyone knows how to get to the location site of the
conference;
7. Facilitators should ensure that the conference shall be
conducted without interruption in a comfortable location
and shall secure the safety of all stakeholders;
8. Stakeholders shall also be consulted relative to the
composition of the panel of facilitators. Any party may
 move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that
may adversely affect the process; and
9. Indigenous system of settling differences or disputes
shall accordingly be recognized and utilized to conform
with the customs and tradition of that particular cultural
community.[83]

What are the Restorative Justice models that can be applied in

PPA?

Peacemaking Encounter – is a community-based gathering that

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

1. Victim/Offender Mediation – a process that provides an

interested victim an opportunity to meet face-to-face his/her
offender in a secured and structured setting or atmosphere,
with the help of a trained mediator, and engage in a
discussion of the past offense and its impact to his/her life.
Its goal is to support the healing process of the victim and
allow the offender to learn the impact of his/her offense on
the victim’s physical, emotional and financial existence, and
take direct responsibility for his/her behavior by mutually
 developing a Restorative Justice plan that addresses the
harm caused by the said offense.
1. Conferencing – a process which involves community of
people most affected by the crime – the victim and the
offender and their families, the affected community
members and trained facilitators and community
strength – in a restorative discussion of issues and
problems arising from an offense or coincidence which
affects community relationship and tranquillity.
Facilitated by a trained facilitator, the above parties are
gathered at their own volition to discuss how they and
others have been harmed by the offense or conflict, and
how that harm may be repaired and broken relationship
may be restored.
2. Circle of Support – a community directed process
organized by the field office and participated in by the
clients, the Volunteer Probation Aides (VPAs) and
selected members of the community in the discussion
of the offense and its impact. Within the circle, people
freely speak from the heart in a shared search for
understanding the incident, and together identify the
steps necessary to assist in the reconciliation and
healing of all affected parties and prevent future crime
or conflict.

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.[84]
What are the outcomes or interventions which can be agreed
upon during the Restorative Justice process?

As a result of the restorative justice process, the following

outcomes or interventions may be agreed upon by parties in a
Restorative Justice discussion, such as, but not limited to:

A. Restitution

Restitution is a process upon which the offender accepts

accountability for the financial and/or non-financial losses he/she
may have caused to the victim. Restitution is a “core” victim’s right
which is very crucial in assisting the redirection of the victim’s
life. Part of the conditions of probation as imposed by the Court
is the payment of civil liability to indemnify the victim of the
offender, and to inculcate to the offender a sense of responsibility
and obligation towards the community. Consequently, the
probation and parole officer should see to it that the offender
complies with this condition.

B. Community Work Service

Community Work Service, whether imposed as a condition

of offender’s conditional liberty or integral part of his treatment
plan, should be purposely motivated to make the offender realize
that he/she incurred an obligation to make things right. In its
application, the offender can be subjected to perform work service
measures, including, but not limited to any of the following:

1. Mentoring and Intergenerational Service – offenders will

develop their nurturing needs thru caring for other people;
example: with senior citizens, with orphanages, or with street
children.
 1. Economic Development – to link directly with the
business project; examples: cleaning downtown area,
tree planting, maintenance of business zones, housing
restoration, garbage and waste management, cleaning
of esteros, recycling, construction, repair of streets, and
the like.
2. Citizenship and Civic participation – experiential
activities which involve solving community problems;
examples: puppet shows that showcase values, street
dramas, peer counseling.
3. Helping the Disadvantaged – this will enhance
offender’s self-esteem; examples: assist handicapped,
assist in soup kitchen, tutor peers, visit the aged in jail
and hospitals.
4. Crime Prevention Project – examples: Brgy Ronda,
giving testimony to the youth.

The probation and parole officer should ensure the adoption of

these community work services to facilitate the reintegration of the
offender in the community.

C. Counseling (whether individual, group or family)

It will enhance client’s interpersonal relationship and it will

help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome
painful experiences that drove him/her to commit a crime/ offense.

D. Attendance to trainings, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session – An intervention which provides
recovering drug dependents or those with serious behavioral
problems an opportunity to discuss their problems.

G. Spiritual development session/faith-based session

H. Submission to psychological/psychiatric assessment

I . Submission to drug test/drug dependency examination

J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session – This session aims to

develop healthy personal relationship within the family and to
establish open positive communication between family members
and significant others. Family members should be oriented in their
individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center

Including Aftercare[85]

What is volunteerism?

Volunteerism is a program of the Parole and Probation

Administration (PPA) aimed at generating maximum, effective and
efficient citizen participation and community involvement in the
process of client rehabilitation, prevention of crime and the overall
administration of criminal justice.[86]
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.[87]

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.”[88]

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.[89]

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.[90]

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.[91]

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.[92]

What are the functions of the VPA?

1. Work in close coordination and cooperation with the

Supervising Officer.
 1. Keep all information about the supervisee in strict
confidentiality.
2. Maintain an honest recording and monthly reporting of
activities to the Supervising Officer.
3. Devote a substantial and quality time for supervision of
clients and perform the following tasks:
4. Offer guidance and counseling
5. Act as job placement facilitator
6. Implement treatment objectives as provided for in the
program of supervision
7. Refer to corresponding agencies clients with spiritual,
mental, social, emotional, economic, physical or health
needs
8. Act as resource individual[93]

What are the roles of the VPA?

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

1. As Direct Supervisor who undertakes the following:

1. Supervise a maximum of five (5) clients at any given
time
2. Work closely with officer-on-case and Chief Probation
and Parole Officer/Officer-in-Charge and discuss
treatment plan and status of clients
3. Submit monthly accomplishment reports to officer-on-
case or Chief Probation and Parole Officer/Officer-in-
Charge and other reports as may be required
4. Perform such other tasks as may be assigned by the
officer-on-case or Chief Probation and Parole
Officer/Officer-in-Charge
2. As Resource Individual who acts as:
1. Resource Speaker on Volunteerism, Restorative
Justice, Therapeutic Community and other topics
 2. Counselor to other clients/people who need help
3. Donor, sponsor or referring person
4. Program coordinator of client activities
5. Mediator, Restorative Justice implementor, Therapeutic
Community facilitator[94]

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.[95]

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).