Cudal, Ruth Mae M. System in the country.

As such, the Parole and

Probation Administration (PPA) is empowered to
Non-Institutional Corrections
create innovative policies, programs, and
activities to facilitate the reintegration of its
clientele into the mainstream of society and
Restorative Justice consequently prevent the commission of crime.
• Restorative Justice is a process through which Therefore, PPA adopts Restorative Justice as
remorseful offenders accept responsibility for their one of its rehabilitation programs which utilizes
misconduct, particularly to their victims and to the restorative processes and aims to achieve
community. restorative outcomes.

• It creates obligation to make things right through EFFECTS OF RESTORATIVE JUSTICE AS A

proactive involvement of victims, ownership of the REHABILITATION PROGRAM OF PPA
offender of the crime and the community in • Reintegration of the offenders to the social
search for solutions which promote repair, mainstream and encouraging them to assume
reconciliation and reassurance. active responsibility for the injuries inflicted to the
• Thus, the restorative justice process is actively victims;
participated in by the victim, the offender, and/or • Proactive involvement of the community to
any individual or community member affected by support and assist in the rehabilitation of victims
the crime to resolve conflicts resulting from the and offenders;
criminal offense, often with the help of a fair and
impartial third party. • Attention to the needs of the victims, survivors
and other persons affected by the crime as
• Examples of restorative process include participating stakeholders in the criminal justice
mediation, conferencing, sentencing/support system, rather than mere objects or passive
circle and the like. The restorative outcome is the recipients of services of intervention that may be
agreement obtained as a product of a restorative unwanted, inappropriate or ineffective;
justice process.
• Healing the effects of the crime or wrongdoing
Examples of restorative outcomes include suffered by the respective stakeholders; and
restitution, community work service and any other
program or response designed to accomplish • Prevention of further commission of crime and
reparation of the victim, and the reintegration of delinquency.
the victims and/or offenders.
HOW IS RESTORATIVE JUSTICE
HOW WAS RESTORATIVE JUSTICE ADOPTED IMPLEMENTED IN PPA?
IN THE PHILIPPINES?
A. During the Investigation Stage
• The Commission on Crime Prevention and
• Information such as victims’ version of the
Criminal Justice, of which the Philippines is a
offense, effect of victimization to their lives,
member-country, through a draft resolution,
families, future, and plans, and victims’
recommended to the Economic and Social
appreciation on how the damage/harm inflicted
Council of the United Nations Organization
by the crime can be repaired and healed are
(UNO), the adoption of the “Basic Principles on
gathered to serve as input in the post-sentence
the Use of Restorative Justice Programs in
investigation (PSI) or pre-parole/executive
Criminal Matters”. The said document is a
clemency investigation (PPI) reports prepared by
formulation of UN Standard in the field of
the investigating officer to be submitted to the
mediation and restorative justice. The Philippines,
Court and the Board of Pardons and Parole,
being a signatory member-country should ensure
respectively. These data are vital in the conduct
adoption of this resolution.
of restorative justice processes during the
• Consequently, the goal of the government is to supervision phase.
establish a more enlightened and humane
• Soliciting stakeholders’ interest for their
correctional system that will promote the
introduction to the restorative process
reformation of offenders and thereby reduce the
commences during this stage.
incidence of recidivism. This is in line with the
applicable laws, rules, and policies mandating this B. During the Supervision Stage
Agency to administer the Parole and Probation
• Restorative Justice Program is a part of the • Serves as facilitator-strength in the conference;
rehabilitation of the client which is incorporated in
• Assists in healing process of stakeholders
the client’s Supervision Treatment Plan (STP). In
based on the Supervision Treatment Plan; and
applying the various restorative justice processes
for the client’s rehabilitation, the supervising • Prepares case notes reflective of restorative
officer observes the following points: justice values and utilizing the following points:
• The parties are brought within the program out • Impact of crime and effect of victimization
of their own volition. Parties have the right to
seek legal advice before and after the restorative • Victim inputs and involvement opportunities
justice process; • Offender opportunity to take direct responsibility
• Before agreeing to participate in the restorative for the harm inflicted on the victim and/or the
justice process, the parties are fully informed of community.
their rights, the nature of the process, and the • A CPPO engages in the following
possible consequences of their decision; responsibilities:
• Neither the victim nor the offender is induced by • Approves cases for Peace Encounter
unfair means to participate in restorative justice Conference and issues office orders; and
processes or outcomes;
• Implements and monitors plans and
• Discussion in restorative justice processes agreements achieved during the conference and
should be highly confidential and should not be sets direction to realize success of the process.
disclosed subsequently, except with the consent
of the parties, and should not be used against the WHAT ARE THE PROCEDURAL
parties involved; SAFEGUARDS TO BE OBSERVED IN
APPLYING THE RESTORATIVE JUSTICE
• Where no agreement can be made between the PROCESSES TO RESOLVE CONFLICTS
parties, the case is withdrawn from the ARISING FROM THE CRIMINAL OFFENSE?
restorative justice process; and
• The clients must admit the offense to be eligible
• In the event agreement is reached by parties, it for the conference, and if possible, they should be
is put in writing to give substance/essence to the encouraged to take full responsibility;
agreement. The failure to implement any
provision of the agreement made in the course of • A personal visit by the Restorative Justice
the restorative justice process is a basis for the planner may be necessary to solicit interest and
withdrawal of the case from the program. willingness of stakeholders to participate in the
restorative process;
WHAT ARE THE ROLES OF THE PROBATION
AND PAROLE OFFICERS IN THE • The victims’ preference for the time, date and
IMPLEMENTATION OF RESTORATIVE place of the meeting should be given greatest
JUSTICE? weight;

• A Probation and Parole Officer assigned to • Restorative Justice planners should also get in
handle investigation and supervision caseloads touch with community strengths to serve as
acts as restorative justice planner. facilitator like local officials, members of the
Lupon Tagapamayapa or any responsible and
As such, he/she undertakes the following respected personalities in the locality;
responsibilities:
• A pre-conference meeting with the selected
• Identifies and recommends to the Chief facilitators prior to the actual conduct of peace
Probation and Parole Officer (CPPO) potential encounter conference should be set to carefully
case for Peacemaking Encounter; plan for all the details, from the sitting
• Conducts dialogue to explore the possibility of arrangements and refreshments to the box of
restorative justice process; tissue papers which incidentally would let
participants know that display of emotions is
• Coordinates/collaborates with responsible okay;
members and leaders of community for their
participation in the conference; • A pre-conference meeting could likewise be
arranged separately with individual stakeholders
to explain the process and other vital details of that addresses the harm caused by the said
the conference; offense.
• The Restorative Justice planner should ensure • Conferencing – a process which involves
that everyone knows how to get to the location community of people most affected by the crime
site of the conference;
– the victim and the offender and their families,
• Facilitators should ensure that the conference the affected community members and trained
shall be conducted without interruption in a facilitators and community strength
comfortable location and shall secure the safety
– in a restorative discussion of issues and
of all stakeholders;
problems arising from an offense or coincidence
• Stakeholders shall also be consulted relative to which affects community relationship and
the composition of the panel of facilitators. Any tranquility. Facilitated by a trained facilitator,
party may move to oppose the inclusion of the above parties are gathered at their own
persons by reason of relationship, bias, interest or volition to discuss how they and others have been
other similar grounds that may adversely affect harmed by the offense or conflict, and how that
the process; and harm may be repaired and broken relationship
may be restored.
• Indigenous system of settling differences or
disputes shall accordingly be recognized and • Circle of Support – a community directed
utilized to conform with the customs and tradition process organized by the field office and
of that particular cultural community. participated in by the clients, the Volunteer
Probation Aides (VPAs) and selected members of
WHAT ARE THE RESTORATIVE JUSTICE
the community in the discussion of the offense
MODELS THAT CAN BE APPLIED IN PPA?
and its impact. Within the circle, people freely
Peacemaking Encounter speak from the heart in a shared search for
understanding the incident, and together identify
• Peacemaking Encounter is a community-based the steps necessary to assist in the reconciliation
gathering that brings the victim, the victimized and healing of all affected parties and prevent
community, and the offender together. It supports future crime or conflict.
the healing process of the victims by providing a
safe and controlled setting for them to meet and • In the Agency, the circle of support is facilitated
speak with the offender on a confidential and by trained Probation and Parole Officers,
strictly voluntary basis. It also allows the offender Volunteer Probation Aides or selected community
to learn about the impact of the crime to the victim leaders who offered their services free of charge
and his/her family, and to take direct responsibility to serve as facilitator or keeper.
for his/her behavior. Likewise, it provides a
• In implementing this process, the probation and
chance for the victim and the offender to forge a
parole officer should be the facilitator who is
mutually acceptable plan that addresses the harm
sensitive to the needs of the victim. Likewise, the
caused by the crime. As a community-based
probation and parole officer should exert effort to
decision model, the Agency Peacemaking
protect the safety and interest of the victim.
Encounter is being implemented through the
following processes: WHAT ARE THE OUTCOMES OR
INTERVENTIONS WHICH CAN BE AGREED
• Victim/Offender Mediation – a process that
UPON DURING THE RESTORATIVE JUSTICE
provides an interested victim an opportunity to
PROCESS?
meet face-to-face his/her offender in a secured
and structured setting or atmosphere, with the A. Restitution
help of a trained mediator, and engage in a
• Restitution is a process upon which the offender
discussion of the past offense and its impact to
accepts accountability for the financial and/or
his/her life. Its goal is to support the healing
non-financial losses he/she may have caused to
process of the victim and allow the offender to
the victim. Restitution is a “core” victim’s right
learn the impact of his/her offense on the victim’s
which is very crucial in assisting the redirection of
physical, emotional and financial existence, and
the victim’s life. Part of the conditions of probation
take direct responsibility for his/her behavior by
as imposed by the Court is the payment of civil
mutually developing a Restorative Justice plan
liability to indemnify the victim of the offender, and
to inculcate to the offender a sense of
responsibility and obligation towards the F. Group Therapy Session
community. Consequently, the probation and
• An intervention which provides recovering drug
parole officer should see to it that the offender
dependents or those with serious behavioral
complies with this condition.
problems an opportunity to discuss their
B. Community Work Service problems.
• Community Work Service, whether imposed as G. Spiritual development session/faith-based
a condition of offender’s conditional liberty or session
integral part of his treatment plan, should be
H. Submission to psychological/psychiatric
purposely motivated to make the offender realize
assessment
that he/she incurred an obligation to make things
right. In its application, the offender can be I. Submission to drug test/drug dependency
subjected to perform work service measures, examination
including, but not limited to any of the following:
J. Attendance to skills training/livelihood
• Mentoring and Intergenerational Service – assistance program
offenders will develop their nurturing needs thru
caring for other people; example: with senior K. Marital enhancement program
citizens, with orphanages, or with street children. L. Written or oral apology
• Economic Development – to link directly with the M. Submission to family therapy session
business project; examples: cleaning downtown
area, tree planting, maintenance of business • This session aims to develop healthy personal
zones, housing restoration, garbage and waste relationship within the family and to establish
management, cleaning of esteros, recycling, open positive communication between family
construction, repair of streets, and the like. members and significant others. Family members
should be oriented in their individual
• Citizenship and Civic participation-experiential responsibilities and roles.
activities which involve solving community
problems; examples: puppet shows that N. Confinement in Drug Treatment Rehabilitation
showcase values, street dramas, peer Center Including Aftercare
counseling.
WHAT IS VOLUNTEERISM?
• Helping the Disadvantaged – this will enhance
• Volunteerism is a program of the Parole and
offender’s self-esteem; examples: assist
Probation Administration (PPA) aimed at
handicapped, assist in soup kitchen, tutor peers,
generating maximum, effective and efficient
visit the aged in jail and hospitals.
citizen participation and community involvement
• Crime Prevention Project – examples: Brgy. in the process of client rehabilitation, prevention
Ronda, giving testimony to the youth. of crime and the overall administration of criminal
justice.
• The probation and parole officer should ensure
the adoption of these community work services to
facilitate the reintegration of the offender in the
WHAT ARE ITS ADVANTAGES?
community.
• Probation and parole, as community-based
C. Counseling (whether individual, group or
treatment programs, depend on available
family)
resources in the community for the rehabilitation
• It will enhance client’s interpersonal relationship of offenders. Thus, the Administration,
and it will help him/her become more aware of recognizing the important role of the community
his/her shortcomings/weaknesses. This will also as a rehabilitation agent, involves the community
help him/her overcome painful experiences that in probation and parole work through the use of
drove him/her to commit a crime/ offense. volunteer workers and welfare agencies.

D. Attendance to trainings, seminars and lectures • The use of volunteer workers in probation and
parole is worth adopting because it opens new
E. Participation in education, vocation or life skills fields for community involvement in corrections
program and for training youth leaders, barangay
organizations, and civic groups in social
development work. The use of volunteers will also behavior of the clients. They serve as strengths
make it possible for the correctional system to and role models in ushering the reformation and
exercise supervision of offenders at less cost to treatment of offenders who are members of their
the government. own communities.
WHAT ARE THE LEGAL BASES FOR VPA DO VPAS REPLACETHE FULL-TIME STAFF
PROGRAM OF THE PPA? OFTHE PPA?
• Presidential Decree No. 968 permits the • No, the VPAs are not intended as replacement
employment of Volunteer Probation Aides (VPA), for full-time paid staff. However, their participation
specifically under Sec 28 which states: as part of a team under supervision will enhance
the rehabilitation prospect of offenders by helping
• “To assist the Provincial or City Probation
them in looking for jobs, schooling, training
Officers in the supervision of probationers, the
opportunities and other activities. Their work as
Probation Administrator may appoint citizens of
volunteers will also give them a more favorable
good repute and probity to act as probation aides.
attitude toward corrections, and they will be in a
• Probation Aides shall not receive any regular better position to exert positive influence in
compensation for services except for reasonable developing favorable community attitudes
travel allowance. They shall hold office for such towards the problems and needs of the offenders.
period as may be determined by the Probation
WHAT ARE THE CHARACTERISTICS OF
Administrator. Their qualifications and maximum
VPAS?
caseloads shall be provided in the rules
promulgated pursuant to this Decree.” • Give continued affection to the client, even when
specific behavior is unacceptable and build on
• On October 11, 2005, President Gloria M.
whatever good points there are.
Arroyo signed Executive Order No. 468
revitalizing the VPA Program of the PPA to • Introduce new positive experiences into the
strengthen community involvement and client’s life.
participation in crime prevention, treatment of
• Be aware of the primary responsibilities to PPA
offenders and the administration of criminal
and client.
justice. This Executive Order provides the
coordination among government agencies, non- • Respect confidentiality
government organizations and people’s
organizations specifically under Section 3 which • Honor all commitments and be on time for all
states: appointments

• “The PPA shall coordinate with other • Consult with the PPA staff if in doubt on any
government agencies, non-government matter.
organizations and people’s organizations that are • Keep PPA staff informed of any important
involved in developing programs related to change in client’s situation or of any significant
volunteerism for the purpose of developing incident.
programs and attaining programs impact and
synergy. Specifically, the support and cooperation • Be a good behavior model for the client in action
of the Philippine National Volunteer Service and word.
Coordinating Agency, the Department of the
• Participate enthusiastically in volunteer
Interior and Local Government, the Philippine
meetings and training sessions.
National Police Commission, the Liga ng mga
Barangay, the Department of Social Welfare and • Believe that human beings can change their
Development, the Department of Justice, among behavior patterns since the primary objective is to
others, shall be tapped for the foregoing help the client’s reentry into society.
purpose.”
WHAT ARE THE REQUIREMENTS?
HOW DOTHEVPAS DIFFER WITH
OTHERVOLUNTEERS? • Qualifications

• VPAs differ from other volunteers in that the • Preferably 35 years old
former perform a highly specialized supervision • A reputable member of the community and of
service which directly have impact on the good moral character
• Preferably a resident of the same community as • Community Service Division reviews and
the client evaluates application form and attachments, and
prepares appointment
• Preferably with adequate source of income or
financially able • Administrator signs appointment for a two-year
term
• Willing to serve without compensation
• Community Services Division officially notifies
• Able and willing to prepare monthly reports on
the Regional Directors of VPAs appointed
his supervision activities
• Secretary of Department of Justice attests
• Has no criminal record of conviction except
appointment
former clients who have shown exemplary
behavior and may therefore be considered as role • VPA takes an Oath of Office administered by the
models of their fellow offenders Chief Probation and Parole Officer/Officer-in-
Charge concerned
• With adequate good health
• PPA issues VPA ID to be surrendered upon
• Documents Needed
termination or revocation of appointment, or upon
• Duly accomplished VPA application form renewal of ID

• Two ID (2 x 2) pictures WHAT IS THE TERM OF SERVICE?

• Indorsement of and/or certification of Chief • The VPA shall be appointed for two (2) years by
Probation and Parole Officer/Officer-in-Charge the Administrator through the Community
based on background investigation Services Division and the National Screening
Committee subject to renewal/revocation
• Recommendation of the Regional thereafter, upon the recommendation of the
Director/Regional Officer-in-Charge Regional Director.
• Training WHATARE THE FUNCTIONS OFTHEVPA?
• Basic Training Course • Work in close coordination and cooperation with
• Knowledge on the Agency and its programs and the Supervising Officer.
services • Keep all information about the supervisee in
• Team Building strict confidentiality.

• Designed to reinforce the values of cooperation • Maintain an honest recording and monthly
and trust reporting of activities to the Supervising Officer.

• Specialized Training • Devote a substantial and quality time for

supervision of clients and perform the following
• Provision of knowledge and skills on Restorative tasks:
Justice, Therapeutic Community, Interviewing
Skills, Reports Preparation, and Community • offer guidance and counseling
Resource Development, among others. • act as job placement facilitator
HOW IS THE VPA APPOINTED? • implement treatment objectives as provided for
• Candidate accomplishes the VPA application in the program of supervision
form • refer to corresponding agencies clients with
• Officer conducts background investigation spiritual, mental, social, emotional, economic,
physical or health needs
• Chief Probation and Parole Officer/Officer-in-
Charge endorses application with required • act as resource individual WHAT ARETHE
documents to the Regional Office ROLES OFTHEVPA? The role of the VPA may
be classified into two categories:
• Regional Director/Regional Officer-in-Charge
recommends application to the Administrator • As Direct Supervisor who undertakes the
following:
• Supervise a maximum of five (5) clients at any • The VPA has sustained interest in volunteer
given time work and actively participates in the activities of
the Agency.
• Work closely with officer-on-case and Chief
Probation and Parole Officer/Officer-in-Charge • The VPA has obtained a satisfactory
and discuss treatment plan and status of clients performance rating based on the evaluation of the
Chief Probation and Parole Officer for three
• Submit monthly accomplishment reports to
consecutive rating periods.
officer-on-case or Chief Probation and Parole
Officer/Officer-in-Charge and other reports as • The VPA does not violate any of the reasons for
may be required the revocation of appointment
• Perform such other tasks as may be assigned MAY THE APPOINTMENTS OF THE VPAS BE
by the officer-on-case or Chief Probation and REVOKED?
Parole Officer/Officer-in-Charge
• Yes, the VPA appointment may be revoked for
• As Resource Individual who acts as: any of the following or similar reasons:
• Resource Speaker on Volunteerism, Restorative • Commission of offense
Justice, Therapeutic Community and other topics
• Violation of any function or disclosure or misuse
• Counselor to other clients/people who need help of confidential information
• Donor, sponsor or referring person • Undue personal interest with the client
• Program coordinator of client activities • Abuse of authority as VPA
• Mediator, Restorative Justice implementor, • Unauthorized use of resources for personal
Therapeutic Community facilitator benefit
WHAT ARE THE INCENTIVES/AWARDS GIVEN • Extortion
TO THE VPAS?
• Unwarranted meddling in the affairs/activities of
AVPA may be entitled to receive the following personnel and other VPAs
incentives and awards:
• Physical and mental illness or incapacity
1. Plaque of recognition shall be awarded to Executive Clemency
VPAs who have rendered invaluable contribution
• Clemency simply means “leniency or mercy”
in the rehabilitation of clients.
• A power given to a public official, to in some way
2. Certificate of Appreciation to VPAs who
lower or moderate the harshness of punishment
obtained a Very Satisfactory (VS) Rating for two
imposed upon a prisoner.
(2) consecutive rating periods.
• Considered to be an “act of grace”
3. VPAs shall be entitled to any
support/assistance or benefits (such as discount • Based on the policy of fairness, justice and
in transportation, health and accident insurance) forgiveness.
that may be negotiated with participating
agencies or organizations. • Not a right but a privilege

MAY THE APPOINTMENTS OF THE VPAS BE • Executive Clemency therefor, is a power of a

RENEWED? President in state convictions, to pardon a person
convicted of crime, commute the sentence or
• Yes, the VPA appointment may be renewed for reduction of sentence.
the following reasons with consent of the VPA
concerned: • It is an executive function and not a judiciary
function. It is non-delegable power. (Villena vs
• The VPA has successfully served/performed the secretary of Interior, 67 Phil. 451, 453)
duties and functions as Volunteer for a period of • Another mandated power of the President under
two (2) years. the 1987 Phil. Constitution is the Pardoning
Power.
• Section 19 of Article VII of 1987 Phil. 6. Prescription of Crime or Offense – is the
Constitution: “except in cases of impeachment, or forfeiture or loss of the right of the State to
as otherwise provided in this Constitution, the prosecute the offender after the lapse of a certain
President may grant reprieves, commutations, time.
and pardons, and remit fines and forfeitures, after
7. Marriage of the Offended Woman under Art
conviction by final judgment. He shall also have
344, RPC – marriage of the offender with the
the power to grant amnesty with the concurrence
offended woman after the commission of any of
of a majority of all Members of the Congress”
the crimes of rape, seduction, abduction or acts of
Causes of Total Extinction of Criminal Liability lasciviousness, as provided in Art 344, must be
(Art 89, RPC) contracted by the offender in good faith.
1. Death of Convict – death of convict 8. Express Repeal of Penal Law – if a law was
extinguishes criminal liability at any stage of the enacted and it provides therein that the criminal
criminal proceeding.; civil liability is likewise liability of the accused is extinguished, then it is
extinguished if death occurs before final an express repeal of a penal law.
judgement.
Partial Extinction of Criminal Liability (Art 94,
Effects of Death of the Accused Death before or RPC)
during trial – the criminal case must be dismissed,
1. Conditional Pardon
this is because no one would be in position to
defend anymore and retribution and rehabilitation 2. Commutation of Sentence
could not be served anymore.
3. Good Conduct allowances during confinement
Death of accused pending appeal – the death of
the accused pending the appeal of his conviction 4. Parole
will extinguish his criminal and civil liability arising 5. Probation
from the crime committed.
6. Remission of fines and forfeitures - Remission
However, civil liability from other sources other refers to an act of liberality by virtue of which,
than the crime committed survives and may be without receiving any equivalent, the creditor
pursued in a separate civil action. Sources of civil renounces the enforcement of the obligation,
liability other than crime are law, contracts, quasi- which is extinguished in its entirety or in that part
contracts and quasi-delicts. ( People vs or aspect of the same to which remission refers.
Bayotas,GR No. 152007, September 2, 1994)
While death pending appeal extinguishes criminal
liability, the SC may still review the case – it is - Fine is a pecuniary punishment imposed by a
done to render appropriate judgment, belated lawful tribunal upon a person convicted of crime
though it may be to vindicate his sullied honor or misdemeanor.
and redeem his memory from undeserved
- Forfeiture is the incurring of liability to pay a
accusation.
definite sum of money as the consequence of
2. Service of Sentence – after the convict served violation provisions of some statute or refusal to
his sentence, his criminal liability is automatically comply with some requirement of law. It may be
extinguished. However, it does not extinguish his said to be a penalty for misconduct or breach of
civil liability. When payment is made, the debt is duty.
extinguished.
Pardon
3. Amnesty – is granted by President with the
• Is an act of grace, proceeding from the power
concurrence of Congress. Criminal action or
entrusted with the execution of the laws, which
liability is totally extinguished, completely
exempts an individual, on whom it is bestowed,
extinguishing the penalty and its effects.
from the punishment the law inflicts for a crime it
4. Absolute Pardon – looks forward and relieves has committed. It is the private, though official act
the offender from the consequences of an offense of the executive magistrate, delivered to a
of which he has been convicted. individual for whose benefit it is intended, and not
communicated officially to the court.
5. Prescription of Penalty – is the loss or waiver of
the State of its right to execute the final sentence • It looks forward and relieves the offender from
after the lapse of a certain time. the consequences of an offense of which he has
been convicted. It abolishes or terminates the • Upon determination that a prisoner granted
punishment. conditional pardon has violated the conditions
thereof, the Board shall recommend his arrest or
• A Pardon is a deed, to the validity of which
recommitment to the president.
delivery is essential, and delivery is not complete
without acceptance. Thus, when the conditions are violated, the
offender is considered in evasion of the service of
• A pardon may be general, applying to all
his sentence and shall be:
persons falling within a certain category, or it may
be conceded to a single individual for an ordinary • Rearrested and re-incarcerated by order of the
crime, in which later case it is a special pardon. president under the Revised Administrative Code;
or
• Granted only after final conviction.
• Prosecuted under Art 159 of RPC. When the
• Granted by the President upon the
penalty remitted is 6 years and below, there will
recommendation of the Board of Pardons and
be an additional penalty; over 6 years, the
Parole (BPP)
remaining sentence shall be served without
Absolute Pardon additional penalty for the evasion.

• Refers to the total extinction of the criminal A pardon, whether absolute or conditional, is in
liability of the individual to whom it is granted nature of a deed, for the validity of which delivery
without any condition. It restores to the individual is an indispensable requisite. Until accepted, all
his civil and political rights and remits the penalty benefits to the grantee may be cancelled. But
imposed for the particular offense of which he once accepted by the grantee, the pardon already
was convicted. delivered cannot be revoked by the authority
which granted it.
• May be granted after final judgment.
Review of Cases for Executive Clemency
• The President may also grant absolute pardon
to the imprisoned president he has deposed. • For Conditional pardon, the prisoner shall have
served at least ½ of the minimum of his original
• Purposes of Absolute Pardon: indeterminate and/or definite sentence. However,
• To right a wrong. Nothing in this world is perfect, in the case of a prisoner who is convicted of a
even the administration of justice cannot escape heinous crime as defined in RA 7659 and other
this phenomenon. special laws, he shall have served at least ½ of
the maximum of his original indeterminate
• To normalize a tumultuous political situation. sentence.
Those in power brand critics and oppositions
against an incumbent regime as criminals and • For Absolute Pardon, after he has served his
subversives. maximum sentence or granted final release and
discharge or court termination of probation.
Conditional Pardon However, the Board may consider a petition for
absolute pardon even before the grant of final
• Refers to the exemption of an individual, within
release and discharge under the provisions of
certain limits or conditions, from the punishment
Section 6 of Act No. 4103, as amended.
the law inflicts for the offense he has committed
resulting in the partial extinction of the criminal Pardon by President vs Pardon by the Offended
liability. Party (Art 344, RPC)
• It is a contract between the Chief Executive and • Pardon by the chief executive can extend to any
the convict to the effect that the former will crime, unless otherwise provided by or subject to
release the latter subject to the condition that if he conditions in the Constitutions or the laws.
does not comply with the terms of the pardon, he Whereas pardon by the offended party applies
will be recommitted to prison to serve the only to crimes against chastity under RPC.
unexpired portion of the sentence or an additional
one. An inmate should have served at least ½ of • Pardon by the chief executive extinguishes the
the maximum of the original indeterminate and /or criminal liability of the offender; such is not the
definite prison term. case when the pardon is given by the offended
party.
• The former cannot affect the civil liability ex List of Amnesty Proclamations, Presidential
delicto of the offender whereas in the latter, the Decrees and Issuances by Philippine
offended party can waive the civil liability. Residents after the Japanese Invasion
• Pardon by the chief executive is granted only • Proclamation No 8 – Pres. Manuel Roxas
after conviction and may be extended to any of granted amnesty to guerrilla and resistance
the offender; while in cases where the law allows fighters on Sept 7, 1946
pardon by the offended party, the party should be
• Proclamation No. 51 – President Roxas granted
given before the institution of criminal prosecution
amnesty to those who collaborated with the
and must be extended to both offenders.
enemy during WW II on January 28, 1948.
Amnesty
• Proclamation No 76 – Pres. Elpidio granted
• Derived from the Greek word “amnasthia” conditional amnesty on June 21, 1948 to limited
which means “to forget” leaders and members of HUKBALAHAP and
PKM.
• A sovereign act of forgiveness for past acts,
granted by a government to all persons or to • Proclamation No 164 – issued on January 4,
certain classes of persons who have been guilty 1950 by President Quirino granting conditional
of crime generally political offenses – treason, and limited amnesty to Francisco Medrano and
sedition, rebellion – and often conditioned upon other participants. It covered the crimes of
their return to obedience and duty with a rebellion, sedition and disloyalty subject to their
prescribed time. surrender and laying down of arms and
ammunitions.
• An act of the sovereign power granting oblivion
or general pardon for a past offense. It is done • The TRIPOLI Agreement – pursuant to this
with the concurrence of congress and it is a public agreement signed in Tripoli, Libya on December
act of which courts should take judicial notice. 23, 1976, a limited and conditional amnesty was
granted in favor of the leaders, members and/or
• Amnesty looks backward and abolishes and
sympathizers of the MNLF and Bangsa Moro
puts into oblivion the offense itself.
Army on February 2, 1977 with a view of attaining
Purpose of Amnesty the objectives of the peace-making efforts of the
government and encouraging dissidents to return
• To hasten a country’s return to political normalcy to the folds of law.
by putting behind it the animosities of the past
through a pardon that will open the door to living • PD 1429 – issued by Presx. Marcos on June 10,
normal lives for groups of people targeted by the 1987 which granted conditional amnesty to
amnesty. persons arrested and/or charge/or committed acts
like rebellion, sedition, subversion, illegal
“Amnesty looks backward and abolishes and puts possession of firearms and other crimes in
into oblivion the offense itself, it so overlooks and furtherance thereof.
obliterates the offense with which he is charged;
that the person release by amnesty stand before • Proclamation No 50 – issued on October 11,
the law precisely as though he had committed no 2010 by Pres. Aquino III granting amnesty to
offense.” certain active and former personnel of AFP I
relation to the July 27, 2003 Oakwood
Limitations on the exercise of granting Mutiny/February 2006 Marine Stand-off and or
Amnesty. the November 29, 2007 Manila en Incident.
• It cannot be granted in cases of impeachment; Express Amnesty and Implied Amnesty
• It cannot be granted in cases of violation of • An express amnesty is one granted in direct
election laws without the favorable terms such as Presidential proclamation or a law
recommendation of the Commission on Elections; enacted by the legislature granting amnesty. An
• A grant of Amnesty must be with the implied amnesty, on the other hand, takes place
concurrence of a majority of all members of in international law when a treaty of peace is
congress. made between contending parties
General Amnesty and Limited Amnesty • A
general amnesty is granted to a whole class of
persons within territorial domain or under the specified by the paroling authority, a method
effective jurisdiction of the sovereign issuing the whereby society can be protected and the
decree, while a selected or limited amnesty offender can be provided with a continuing
covers a segment of a particular class only or the treatment and supervision in the community”.
portion of the sovereign’s territorial jurisdiction, or
• It is a freedom extended to incarcerated
specific acts committed within limited or specified
offenders even before the expiration of his
time.
sentence if the offender can show that he has
Conditional Amnesty and Unconditional been converted into a respectable, law-abiding
Amnesty citizen.
• Conditional amnesty will only be granted if the • Refers to the conditional release of a prisoner
applicants comply with certain requirements and from a correctional institution after he served the
procedures, as compared to a grant which is minimum of his sentence. Granted by the BPP
expressed in broad terms and does not lay down only when the offender has already served his
specific requirements and procedures. National minimum sentence under the Indeterminate
Amnesty Commission (NAC) sentence law.
• The primary agency tasked to receive and History of the Parole System
process applications for amnesty, and determine
• Europe – where the historical part of Parole was
whether the applicants are entitled to amnesty
originated
under any proclamation by the President granting
Amnesty. • 18th Century when the Thames River was
occupied by Prison ships
• It was created by virtue of Proclamation No.
347, dated March 25, 1994, to receive and • “Hulk” prison ships in the latter part of the 18th
process former rebels’ applications for amnesty century
and determine whether the applicants are entitled
or not. • Derived from the Latin word “Parole D’ Honeur”
meaning “word of honor”
• By virtue of EO No. 415 issued by Pres. GMA
on March 22, 2005, the NAC was abolished. All • The origin of Parole can be associated with the
asset, liabilities, choses in action, equipment, work of a number of individuals who headed
facilities, funds, records and other properties of prisons:
the NAC are hereby transferred to the Office of • Zebulon Brockway, 1867, runs the Elmira
the Presidential Adviser on the Peace Process penitentiary in New York
“OPAPP”.
• Alexander Maconochie, 1840, Governor of
AMNESTY vs. PARDON Norfolk Island Prison
AMNESTY PARDON • Walter Crofton, 1854, Governor of the Irish
Made by the Made by the Prison
President with the President
concurrence of the • 1837 – first Parole law was passed in
Congress Massachusetts. At the same time, Capt.
Usually extended to Extended to any type Alexander Maconochie (Mochanochie), in-charge
political crimes of crime of the English penal colony in Norfolk Island,
May be extended May be given only Australia, introduced a system whereby a
even before after final conviction prisoner was given a “ticket of leave” after earning
conviction or before a certain number of marks.
trial
Looks backward Looks forward • 1856 – Parole was also featured in Irish prison
system based on an Indeterminate sentence and
Act of forgetfulness Act of forgiveness the mark system. The principal defect of early
Parole parole system was the manner of determining
eligibility for parole.
• As defined in the 1957 National Conference on
Parole, “the method of selectively releasing an • Dr. S.G. Howe of Boston – first man to use the
offender from an institution prior to completion of word “parole” in a letter to the Prison Association
his maximum sentence, subject to conditions of New York in 1869, after some American Prison
reforms who observed that the Irish prison system and Penitentiary Commission (IPCC/Hague)
paved the way for the approval of law – creating established in 1875 and was dissolved and its
Elmira reformatory function were transferred to the Social Defense
Section of the United Nations.
• Elmira Reformatory (1876) – forerunner of
modern penology, established a link between the • Elmira Reformatory (1876) – forerunner of
community-based program and the penal modern penology, established a link between the
institution. community-based program and the penal
institution.
• 1877 was opened in Elmira, New York with
Zebulon R. Brockway as Superintendent – using • 1877 was opened in Elmira, New York with
intermediate sentence compulsory develops Zebulon R. Brockway as Superintendent – using
Parole which soon spread to other states in USA. intermediate sentence compulsory develops
Parole which soon spread to other states in USA.
Father of Prison Reforms in US.
Father of Prison Reforms in US.
• Alexander Maconochie (Mochanochie),
• Training school type of institution program for
England, introduced the Mark System
boys from 16 to 30 years of age;
(progressive Human System) to substitute for
corporal punishment. • New prisoners were classified as 2nd grade until
promoted to 1st grade after 6months of good
• Prisoners who earned a required number of
behavior;
marks are given a ticket of leave which is
equivalent to parole. • Fair disciplinary trial, built • Extensive used of Parole which is granted after
churches, distribute book and allowed play to be another 6 months of good behavior in the 1st
staged, permitted prisoners to find small garden grade;
and rehabilitation system.
• After a prisoner committed misconduct, he will
• One of the Father of Modern Penology Sir be demoted to 3rd grade unless he shows good
Walter Crofton – introduced the Irish System conduct for one month, he will be classified to 2nd
(Progressive Stage System) grade;
• Solitary confinement for nine months at a certain • Indeterminate sentence and Parole based
prison with reduced diet and allowed monotonous system
work and towards the end prisoners were given
• Sir Evelyn Ruggles Brise (Englang 1897) –
more interesting work, some education and better
Director of English Prison, after visiting Elmira
treatment.
Reformatory, opened a Borstal Institution near
• Assignment of public works at Spike Island. Roached, in Kent which was considered as the
Prisoners were graded according to mark system best reform Institutions for young offenders.
and wore a badge of distinction to others which
• First separate institution for women was
later serve to shorter the length of stay.
established in Indiana and Massachusetts.
• Prisoner was sent to lurk on Smithfield as
• The Elmira Reformatory was considered failure
preparation for release. Prisoners worked without
in practice by year 1910 until it was revived in
custodial supervision and were exposed to
1930 as a result of revamp of the educational
ordinary temptations of freedom and release on
program of the Elmira Reformatory. Later, it was
supervision subject to certain condition equivalent
succeeded by the Industrial prison Movement.
to present day parse.
• Industrial Prison Movement was ended by a law
• Self-improvement of the prisoner himself
passed in the year 1934 prohibiting the sale of
through successive stages.
prison-made articles to the public and limit used
• 1870 – American Correctional Association of government owned institution agencies. Parole
(formerly known as National Prison Association) in the Philippines
was organized adopting a “Declaration of
• Act No 4103 – “Indeterminate Sentence Law”,
Principles” later revised in prison Congress of
took effect on December 5, 1933.
1933.
• Amended by EO 83, series 1937 – gave the
• 1872 – First International Prison Congress was
“Board” the authority to advice the Chief
held in London creating the International Penal
Executive on the course/s of action to take on • Authorize the release of such prisoner on
petitions for executive clemencies. Renamed the parole, upon such terms and conditions as therein
Board of Indeterminate Sentence to Board of prescribed and as may be prescribed by the
Pardon. Board;
• October 4, 1947 – Executive Order 94 took • Examine the records and status of prisoners
effect. Also known as the “Reorganization Law of who shall have been convicted of any offense
1947” which abolished the Board of Pardons and other than those named in Section 2 of RA 4103,
created the Board of Pardons and Parole. and have been sentenced for more than one year
by final judgment prior to the effectivity of RA
Advantages of Parole
4103;
• Behavioral Aspect – persons who undergo
• Make recommendations in all such cases to the
parole process are less likely to reoffend and
President with regard to the parole of such
return to criminal behavior.
prisoners as they shall be deemed qualified for
• Economy Aspect – paroling a prisoner puts that parole as therein provided, after they shall have
person back on the street, making her able to served a period of imprisonment not less than the
earn a living to sustain himself. minimum period for which they might have been
sentenced under RA 4103 for the same offense.
• Incentive Aspect – this is a powerful incentive to
stay out of trouble and complete various training Review of Cases for Parole
and educational programs. This is an advantage
• Unless otherwise disqualified under Section 15
to both the society and the prisoner. Board of
of these Rules, a case for parole of a prisoner
Pardons and Parole (BPP)
shall be reviewed upon a showing that he is
• Created by virtue of Republic Act No. 4103 confined in prison or jail to serve an indeterminate
known as Indeterminate Sentence Law sentence, the maximum period of which exceeds
1 year, pursuant to a final judgment of conviction
• An agency under the Department of Justice and that he has served the minimum period of
tasked to uplift and redeem valuable human said sentence.
resources to economic usefulness and to prevent
unnecessary and excessive deprivation of liberty • At least 4-member votes Eligibility for review of
by way of parole or through executive clemency. a Parole case –An inmate’s case may be eligible
for review by the Board provided that:
• Under Executive Order 292, Book IV, Title III,
Chapter 6, sec 17, the BPP shall continue to • The inmate is serving an indeterminate
discharge the powers and functions as provided sentence the maximum period of which exceeds
in existing law and such additional functions as one year;
may be provided by law. Composition
• He has served the minimum period of the
• Composed of the 6 members with the Secretary indeterminate sentence;
of Justice as the Chairman to be appointed by the
• His conviction is final and executory;
President with the consent of COA for a term of 6
years. • In case he has one or more co-accused who
had been convicted, the director/warden
• Members should include a trained sociologist,
concerned shall forward their prison records and
clergyman or educator, a psychiatrist unless a
carpetas/jackets at the same time;
trained psychiatrist be employed by the board,
and the other members shall be persons qualified • He has no pending criminal case; and
for such work, and additional members who are
• He is serving sentence in the national
members of the Philippine Bar, and at least one
penitentiary, unless the confinement of said
member should be a woman.
inmate in a municipal, city or district or provincial
The Board undertakes the following duties jail is justified.
and responsibilities:
• Grant of Parole – a prisoner may be granted
• Look into the physical, mental and moral records parole whenever the Board finds that there is a
of prisoners who are eligible to parole and to reasonable probability that if released, he will be
determine the proper time of release of such law-abiding and that his release will not be
prisoners;
incompatible with the interest and welfare of recommended by a physician of the BuCor
society. Hospital and certified under oath by a physician
designated by DOH;
Disqualification for Parole
• Alien inmates where diplomatic considerations
• Those convicted of offenses punished with
and amity among nations necessitate review; and
death penalty or life imprisonment;
• Such other similar or analogous circumstances
• Those convicted of treason, conspiracy or
whenever the interest of justice will be served
proposal to commit treason;
thereby.
• Those convicted of misprision of treason,
Summary on Parole Procedure
rebellion, sedition or coup d’ etat;
• Granted by BPP
• Those convicted of piracy;
• Upon serve the full minimum sentence
• Those who are habitual delinquents;
• Referral “Request to Investigate”
• Those who escaped from confinement or
evaded sentence; • Parole and Probation Officer
• Those who having been granted conditional • Pre-Parole Investigation (PPI) 30 days
pardon by the president shall have violated any
• Pre-Parole Investigation Report (PPIR)
terms thereof; • Those whose maximum term of
imprisonment does not exceed one year; • BPP (Grant or Deny)
• Those convicted of offenses punished with • Granted – Parole supervision
reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of RA • Denied – serve the remaining sentence
9346 enacted on June 24, 2006, amending RA • Condition (Mandatory and other)
7659 dated January 1, 2004.
• Mandatory -Within 45 days report
• Those convicted for violation of the laws on
terrorism, plunder and transnational crimes • Other – 1mo/s outside the Manila; 2 mos within
Extraordinary circumstances for the Board to Manila
consider before it shall recommend to the
• Condition (Comply or Non-Comply)
President the grant of Executive Clemency:
• Complied – Submission of Summary Report
• The trial court or appellate court in its decision
recommended the grant of executive clemency • Non-Complied – infraction (new violation) or
for the inmate; Violation report (violate condition)
• Under the peculiar circumstances of the case, • Final Release and Discharge (FRD) - complied
the penalty imposed is too harsh compared to the
crime committed; • Order of Arrest and Recommitment (OAR) Act
No. 4103 – Indeterminate Sentence Law (ISLAW)
• Evidence of which the court failed to consider,
before conviction which would have justified an Section 1. Hereafter, in imposing a prison
acquittal of the accused; sentence for an offense punished by the Revised
Penal Code, or its amendments, the court shall
• Inmates who were over 15 but under 18 years of sentence the accused to an indeterminate
age at the time of the commission of the offense; sentence the maximum term of which shall be
that which, in view of the attending
• Inmates who are 70 years old and above whose
circumstances, could be properly imposed under
continued imprisonment is inimical to their health
the rules of the said Code, and the minimum
as recommended by a physician of the BuCor
which shall be within the range of the penalty next
Hospital and certified under oath by a physician
lower to that prescribed by the Code for the
designed by the DOH.
offense; and if the offense is punished by any
• Inmates who suffer from serious, contagious or other law, the court shall sentence the accused to
life-threatening illness disease, or with severe an indeterminate sentence, the maximum term of
physical disability such as those who are totally which shall not exceed the maximum fixed by
blind, paralyzed, bedridden and etc., as
said law and the minimum shall not be less than who shall have been convicted of any offense
the minimum term prescribed by the same. other than those named in Section 2 hereof, and
have been sentenced for more than one year by
Sec. 2. This Act shall not apply to persons
final judgment prior to the date on which this Act
convicted of offenses punished with:
shall take effect, and shall make recommendation
• death penalty or life-imprisonment; in all such cases to the Governor-General with
regard to the parole of such prisoners as they
• to those convicted of treason, conspiracy or shall deem qualified for parole as herein provided,
proposal to commit treason; after they shall have served a period of
• to those convicted of misprision of treason, imprisonment not less than the minimum period
rebellion, sedition or espionage; for which they might have been sentenced under
this Act for the same offense.
• to those convicted of piracy;
SECTION 6. Every prisoner released from
• to those who are habitual delinquents; confinement on parole by virtue of this Act shall:
• to those who have escaped from confinement or • at such times and in such manner as may be
evaded sentence; required by the conditions of his parole, as may
be designated by the said Board for such
• to those who having been granted conditional
purpose, report personally to such government
pardon by the Chief Executive shall have violated
officials or other parole officers hereafter
the terms thereof;
appointed by the Board of Indeterminate
• to those whose maximum term of imprisonment Sentence for a period of surveillance equivalent
does not exceed one year, to the remaining portion of the maximum
sentence imposed upon him or until final release
• not to those already sentenced by final judgment and discharge by the Board of Indeterminate
at the time of approval of this Act, except as Sentence as herein provided.
provided in Section 5 hereof.
• The officials so designated shall keep such
SECTION 5. It shall be the duty of the Board of records and make such reports and perform such
Indeterminate Sentence to: other duties hereunder as may be required by
• look into the physical, mental and moral record said Board. The limits of residence of such
of the prisoners who shall be eligible to parole paroled prisoner during his parole may be fixed
and to determine the proper time of release of and from time to time changed by the said Board
such prisoners. in its discretion.

• Whenever any prisoner shall have served the • If during the period of surveillance such paroled
minimum penalty imposed on him, and it shall prisoner shall show himself to be a law-abiding
appear to the Board of Indeterminate Sentence, citizen and shall not violate any of the laws of the
from the reports of the prisoner's work and Philippine Islands, the Board of Indeterminate
conduct which may be received in accordance Sentence may issue a final certificate of release
with the rules and regulations prescribed, and in his favor, which shall entitle him to final release
from the study and investigation made by the and discharge.
Board itself, that such prisoner is fitted by his SECTION 7. The Board shall file with the court
training for release, that there is a reasonable which passed judgment on the case, and with the
probability that such prisoner will live and remain Chief of Constabulary, a certified copy of each
at liberty without violating the law, and that such order of conditional or final release and discharge
release will not be incompatible with the welfare issued in accordance with the provisions of the
of society, said Board of Indeterminate Sentence next preceding two sections.
may, in its discretion, and in accordance with the
rules and regulations adopted hereunder, SECTION 8. Whenever any prisoner released on
authorize the release of such prisoner on parole, parole by virtue of this Act shall, during the period
upon such terms and conditions as are herein of surveillance, violate any of the conditions of his
prescribed and as may be prescribed by the parole, the Board of Indeterminate Sentence may
Board. issue an order for his re-arrest which may be
served in any part of the Philippine Islands by any
• The said Board of Indeterminate Sentence shall police officer. In such case the prisoner so re-
also examine the records and status of prisoners
arrested shall serve the remaining unexpired • In the Prussian Decree of 1799, it was employed
portion of the maximum sentence for which he as a primary penalty for thieves and robbers; in
was originally committed to prison, unless the Feuerbach’s monumental achievement, the
Board of Indeterminate Sentence shall, in its criminal code of Bavaria (1813), and in the code
discretion, grant a new parole to the said of Oldenburgh (1814), the use of indeterminate
prisoner. (As amended by Act No. 4225.) sentence was extended to a number of other
offenders under very long terms of imprisonment.
SECTION 9. Nothing in this Act shall be
construed to impair or interfere with the powers of • In recent decades, the indeterminate sentence
the Governor-General as set forth in Section 64(i) has reappeared in the criminal law of continental
of the Revised Administrative Code or the Act of countries and elsewhere; it was adopted by
Congress approved August 29, 1916 entitled "An Norway in 1902, by New south Wales in 1904, by
Act to declare the purpose of the people of the New Zealand in 1905, and in England in 1908.
United States as to the future political status of Spain and Sweden in 1928, Yugoslavia in 1929
the people of the Philippine Islands, and to and Denmark in 1930 added similar preventive
provide a more autonomous government for detention laws. Austria in 1928 and Denmark in
those Islands." 1930 also extended the indeterminate sentence
to juvenile or adolescent delinquents for
SECTION 10. Whenever any prisoner shall be
corrective purposes.
released on parole hereunder he shall be entitled
to receive the benefits provided in Section 1751 Indeterminate Sentence and Determinate
of the Revised Administrative Code. Approved Sentence
and effective on December 5, 1993.
• An indeterminate sentence is a sentence
Indeterminate Sentence and its purpose
imposed for a crime that is not given a definite
• Is a sentence with a minimum term and a duration. The prison term does not state a
maximum term, which the court is mandated to specific period of time or release date, but just a
impose for the benefit of a guilty person who is range of time, such as “five to ten years”
not disqualified. It applies to both violations of
• A determinate sentence is a sentence of
RPC and Special Penal Laws.
confinement for a specific or minimum period
• The purpose of the law is to uplift and redeem specified by statute. The period fixed by statute is
valuable human material and prevent not negotiable. Actual limits of determinate
unnecessary and excessive deprivation of liberty sentence are determined at the same time the
and economic usefulness. sentence is imposed.
• As a rule, it is intended to favour the accused Objectives of the Indeterminate Sentence Law
particularly to shorten his term of imprisonment,
• To avoid prolonged imprisonment of convicts
depending upon his behavior and his physical,
resulting in economic wastefulness;
mental and moral record as a prisoner to be
determined by the Board. • To decongest the jails by having the convicts
served their sentences outside of prison;
• It removes the length of sentence from
jurisdiction of the court, passing the authority to a • To save the government of the expenses
parole board of several members, who are ideally necessary to maintain these prisoners in
supposed to be experienced students of human confinement; and
behavior and of rehabilitation.
• To promote reformation of the prisoner by
Origin and development of Indeterminate having him under the supervision of a parole
Sentence officer.
• It was originated as a means of securing social Instances when ISLAW is not applicable
protection against offenders; it was occasionally
used in the middle ages and seems to have been • Persons convicted of offenses punished by
introduced for this purpose in Carolina (1732), the death or life imprisonment;
Theresiana (1768), the colonial laws of • Those convicted of treason, conspiracy or
Connecticut (1769), and the Prussian Landrecht proposal to commit treason;
(1794).
• Those convicted of misprision of treason, same example above, one degree lower is now
rebellion, sedition or espionage; prision correccional. Hence, arresto mayor to
prision correccional.
• Those convicted of piracy;
Note: The rule we are adopting is the
• Those who are habitual delinquents;
Gayrama Rule. This is also applied to special
• Those who escape from confinement or those aggravating circumstances, quasi-recidivism
who evaded sentence; and error in personae.

• Those who violated the terms of conditional Outline of the Rules and Provision of Law as
pardon granted to them by the Chief Executive; basis for the fixing of Indeterminate Sentence
Art 64 of RPC – Rules for the Application of
• Those whose maximum period of imprisonment penalties which contain 3 Periods:
does not exceed one year;
• No aggravating and no mitigating –medium
• Those who are already serving final judgment period
upon the approval of ISLAW; and
• Only mitigating – minimum period
• Those sentenced to destierro or suspension.
• Only aggravating – maximum period
Rules in determining the Maximum and
Minimum term of the Indeterminate Sentence • Where there are aggravating and mitigating –
the court shall offset those of one class against
• If the crime is a violation of RPC: the other according to their relative weight.
• Maximum term – arrived by considering the • Two or more mitigating and no aggravating –
attendant circumstances according to Article 64 of penalty next lower to the period applicable,
the RPC. according to the number and nature of
• Minimum term – shall within the range of penalty circumstances.
next lower by one degree than the imposable • No penalty greater than the maximum period of
penalty for the crime committed. the penalty prescribed by law shall be imposed,
• If the crime committed is a violation of a special no matter how many aggravating circumstances
law – both the minimum and maximum shall be are present.
fixed by the court within the range prescribed by • The court shall determine the extent of the
the special law: penalty within the limits of each period, according
• Maximum term – not higher than the maximum to the number and nature of aggravating and
period of the penalty fixed by the special law. mitigating circumstances and the greater or lesser
extent of the evil produced by the crime.
• Minimum term – not lower than the maximum
period of the penalty fixed by the special law.
• If the crime committed is a complex felony:
• In complex crimes, the penalty impossible is
always the penalty for the graver offense to be
imposed in its maximum period regardless of the
presence of any mitigating or aggravating
circumstances.
Application of ISLAW in Complex crimes
where there are mitigating circumstances:
• The Gayrama Rule – the basis for going down
by one degree is, if the penalty is prision mayor
maximum, one degree lower is prision mayor
medium. Hence, based on the ISLAW, the
duration is prision mayor minimum to medium.
• The Gonzales Rule – the basis of going down by
one degree is to go down the whole degree.in the
Penalties Time included Time included Time included Time included
in the penalty in in its minimum in its medium in its maximum
its entirety period period
Reclusion From 12 years From 12 years From 14 years, 8 From 17 years, 4
temporal and 1 day to 20 and 1 day to 14 months and 1 months and 1
years. years and 8 day to 17 years day to 20 years.
months. and 4 months.
Prision mayor, From 6 years and From 6 years and From 8 years and From 10 years
absolute 1 day to 12 years 1 day to 8 years. 1 day to 10 and 1 day to 12
disqualification years. years.
and special
temporary
disqualification
Prision From 6 months From 6 months From 2 years, 4 From 4 years, 2
correccional, and 1 day to 6 and 1 day to 2 months and 1 months and 1
suspension and years. years and 4 day to 4 years day to 6 years
destierro months. and 2 months.
Arresto mayor From 1 month From 1 to 2 From 2 months From 4 months
and 1 day to months and 1 day to 4 and 1 day to 6
months. months. months.
Arresto menor From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30
days. days. days. days.

Reprieve Commutation of Sentence

temporary suspension of the execution of Reduction, reducing, lessening, lowering of
sentence sentence
The word simply means “to make back” or Mitigating or deduction of the sentence
withdrawing of the sentence for an interval of
time.
The temporary stay of the execution of It is an Executive Clemency that changes a
sentence exercised by the President heavier sentence to a less serious one, or a
longer prison term to a shorter period
Review of Cases for Executive Clemency for
Commutation of Sentence
• The prisoner shall have served at least 1/3 of
the minimum of his indeterminate sentence
and/or definite sentence or the aggregate
minimum of his indeterminate sentence and/or
definite sentence.
• At least 10 years for prisoners sentenced to
Reclusion Perpetua or Life Imprisonment for
crimes or offenses committed before January 1,
1994.
• At least 12 years for prisoners whose sentences
were adjusted to a definite prison term of 40
years in accordance with the provisions of Article
70 of RPC as amended.
• At least 15 years for prisoners convicted of
heinous crimes as defined in RA 7659 and other
special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion
Perpetua or Life Imprisonment.
• At least 20 years in case of one or more Death
penalty/penalties, which was/were automatically
reduced or commuted to one or more Reclusion
Perpetua or Life Imprisonment.