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PAROLE AND PROBATION ADMINISTRATION
FACTS ON PROBATION
DISTINCT PHASES OF PROBATION
1. Selection of offenders for probation
This phase is known as the post-sentence investigation ofCourt referrals. This covers the period after conviction but before the grant of probation.
2. Supervision and Treatment of Selected Offenders
This phase covers the period following the grant of probationbut before termination of the case thru successful completionof the probation period or revocation and commitment to ajail or prison.
InvestigationTo provide the court with relevant information and judicious recommendations for the selection of offenders to be placed on probation
What is Probation?By probation, a person who is convicted of a criminal offenseis not sent to prison by the sentencing court. Instead, he/sheis released and place under the supervision of a probationofficer subject to the conditions which the court may impose
Is Probation a right? No, it is mere privilege.
Who cannot be granted Probation? Those:
sentenced to serve a prison term of more than six (6) years; convicted of any crime against the national security or the public order; previously convicted of an offense which is punished by imprisonment of
more than 30 days and/or a fine of Php 200.00 or more; who have once been placed on probation under this law; already serving sentence;
Who cannot be granted Probation? Those: sentenced to a probationable penalty but appealed the same; convicted of an offense against the Omnibus Election Code and Wage
Rationalization Act; and convicted of illicit trafficking or pushing of Dangerous Act.
Will Probation be automatically granted to oneWhose sentence is six (6) years or less?
No, the application may be denied by the court if: after determination, he/she is in need of rehabilitation which could be
provided by prison/jail; risk that the offender will likely commit another crime; and depreciate the seriousness of the crime 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 sentencebut within fifteen (15) days from the promulgation ornotice of the judgment of conviction.
May an offender be released from confinement whilehis application for Probation is pending? Yes, the applicant may be released under the bail he postedin 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 offenderis one (1) year or less; and not more than six (6) years if thesentence is more than one (1) year.
Supervision
To effect the rehabilitation and reintegration of the probationers as productive, law-abiding and socially responsible members of the community.
Conditions of Probation Mandatory Discretionary
What will happen if a probationer violates the conditions of Probation?
The court may modify the conditions of probation or revokethe same. If the violation is serious, the court may order the probationer to serve his prison sentence. The probationer mayalso be arrested and criminally prosecuted if the violationis a criminal offense.
REHABILITATION PROGRAM
It is an individualized community-based three pronged approach to crime prevention and treatment of offenders with Restorative Justice as its philosophical foundation, Therapeutic Community as the treatment modality, and Volunteers as lead community resource
LAUNCHING
TherapeuticCommunity Ladderized Program Manual
Volunteer ProbationAide Manual
Restorative JusticeHandbook
TherapeuticCommunity Ladderized Program Manual
Volunteer ProbationAide Manual
Restorative JusticeHandbook
Total Probation Caseload Handled (2009-2013)
Year Investigation Supervision
2009 9,624 34,050
2010 7,034 29,523
2011 8,634 30,385
2012 8,810 29,768
2013 9,187 29,236
Average 8,658 30,592
Total Probation Caseload Handled = Carry-Over + New Referrals Received
Total New Referrals Received (2009-2013)
Year Investigation Supervision
2009 9,045 9,393
2010 6,453 6,785
2011 8,208 8,421
2012 8,202 7,696
2013 8,620 8,583
Total 40,528 40,878
Court Disposition on Probation Applications(2009-2013)
Year Granted Denied
2009 5,296 490
2010 6,183 607
2011 7,222 769
2012 6,294 563
2013 7,632 667
Total 32,627 3,096
DISTRIBUTION OF PROBATIONERS BY GENDER(2013)
Gender Number
Male 26,208
Female 3,028
Total 29,236
DISTRIBUTION OF PROBATIONERS BY AGE LEVEL(2013)
Age Level Number
Below-20 85
21-30 12,009
31-40 9,431
41-50 5,427
51-60 1,877
61-Above 407
Total 29,236
DISTRIBUTION OF PROBATIONERS BY EDUCATIONAL ATTAINMENT (2013)
Educational Attainment Number
No formal schooling 452
Elementary undergraduate 7,796
Elementary graduate 3,599
High School undergraduate 6,408
High School graduate 4,281
College undergraduate 3,678
Collage graduate 2,128
Vocational 894
Total 29,236
DISTRIBUTION OF PROBATIONERS BY OCCUPATION Group I – Officials of Government and Special Interest Organizations, Corporate Executives, Managers, Managing Proprietors and SupervisorsGroup II – ProfessionalsGroup IV – ClerksGroup V – Service Workers and Shop and Market Sales Workers Group VI – Farmers, Forestry Workers and Fishermen Group VII – Trades and Related WorkersGroup VIII – Plant and Machine Operators and Assemblers Group IX – Laborers and Unskilled Workers Group X – Special Occupations Group XI – Unemployed
DISTRIBUTION OF PROBATIONERS BY OCCUPATION(2013)
Occupation Groups Number
I 0
II 168
III 67
IV 299
V 4,782
VI 4,817
VII 3,621
VII 3,963
IX 2,832
X 4,522
XI 4,165
Total 29,236
DISTRIBUTION OF PROBATIONERS BY FAMILY ECONOMIC STATUS (2013)
Family Economic Status Number
More than Adequate 700
Adequate 5,460
Inadequate 18,796
Below Poverty Level 4,280
Total 29,236
More than Adequate – the family income is more than sufficient for the basic requirements of its members
Adequate- the family income is equal to the basic requirements of the family
Inadequate – the family income is above the poverty level but insufficient for the family’s
basic needs, considering the social standing of its members
Below Poverty Level – monthly family income below Php 6,274.00 for a family of five
DISTRIBUTION OF PROBATIONERSBY AVERAGE MONTHLY INCOME (2013)
Average Monthly Income Number
Below – 2,000 6,081
2,001-5,000 10,437
5,001-10,000 8,946
10,001-20,000 2,924
20,001-above 149
No Income 699
Total 29,236
DISTRIBUTION OF PROBATIONERS BY CRIMES COMMITTED (2013)
Crimes Number
Against Public Interest 342
Relative to Opium and Other Prohibited Drugs
8,976
Against Person 6,468
Against Property 5,538
Against Chastity 1,523
Against Security 690
Against Honor 538
Against Special Laws 4,937
Against Public Officer 67
Against Ordinance 28
Against Public Morals 22
Against Multiple Crime 107
Total 29,236
GOVERNMENT SAVINGS THROUGH PROBATION (2013)
Year Estimated Savings
(Php)
2009 621,412,500
2010 538,794,750
2011 554,526,250
2012 543,266,000
2013 533,557,000
Total 2,791,556,500
BENEFITS AND ADVANTAGES
Probation Assists The Government
It reduces the population of prisons and jails.
It cuts enormous expense in maintaining jails.
It reduces recidivism and overcrowding in jails and prisons.
It saves the government a total of Php 2.8 Billion in terms of prisoners maintenance in jails and prisons all over the country.
It reduces the burden on the police forces and institutions of feeding and guarding detainees.
Probation Assists The Government
It makes the offenders taxpayers instead of taxeaters.
It lessens the clogging of courts.
It lightens the load of prosecutors.
It adheres to the concept of Restorative Justice. Thus, a total of Php 137.923 Million has been paid to clients’ victim and/or their heirs.
Probation Protects Society
From the excessive costs of detention.
From the high rate of recidivism of detained offenders.
Probation Protects The Victim
It provides restitution.
It preserves justice.
Probation Protects The Family
It does not deprive the wife and children of husband and father.
It maintains the unity of the home.
Probation Helps The Offender
It maintains his earning power.
It provides rehabilitation in the community.
It restores his dignity.
Probation Justifies The Philosophy of Men
That life is sacred
That all men deserve a second time
That an individual can change
That society has a moral obligation to lift the fallen
FACTS ON PAROLE/ EXECUTIVE CLEMENCY
RULES ON PAROLE
Pursuant to Act No. 4103, otherwise known as “The Indeterminate
Sentence Law,” as amended
Purpose of the Law
To uplift and redeem valuable human material to economic usefulness; and
To prevent unnecessary and excessive deprivation of personal history.
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.
Eligibility for Review of a Parole Case
An inmate may be eligible for review by the Board provided: The Inmate
is serving an indeterminate sentence the maximum period of which exceeds one (1) year;
has served the minimum period of the indeterminate sentence;
Disqualifications for Parole
Punished with death penalty or life imprisonment;
Convicted of treason, conspiracy or proposal to commit treason or espionage;
Convicted of misprision of treason, rebellion, sedition or coup d ‘etat;
Convicted of piracy or mutiny on the high seas or Philippine waters;
who are habitual delinquents;
who escaped from confinement or evaded sentence;
granted conditional pardon by the President of the Philippines shall have violated any of the terms thereof;
whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
convicted of offenses punished with reclusion perpetua, or whose sentences were reduced to reclusion perpetua by reason of Republic Act No. 9346 amending Republic Act No.7659; and
convicted for violation of the laws on terrorism, plunder and transnational crimes.
Factors to be Considered in Review of Parole Cases
Degree of prisoner’s institutional rehabilitation and his behavior or conduct;
Previous criminal record and the risk to other persons;
Gravity of the offense and the manner in which it was committed, and prisoner’s attitude towards the offense and degree of remorse;
Evidence that the prisoner will be legitimately employed upon release, or has a place where he will reside; and
Age of the prisoner and the availability of after-care services for the prisoner who is old, seriously ill or suffering from a Physical disability.
Grant of Parole
If it finds the following circumstances are present:
Fitted by his training for release
Reasonable probability that, if released, he will live and remain at liberty without violating the law; and
Will not be incompatible with the welfare of society.
RULES ON EXECUTIVE CLEMENCY
What is Commutation of Sentence?
It is the reduction of the period of prison sentence. A substitution of a less penalty for the one originally imposed.
What is Pardon?
It is an act of mercy or grace by the President granted to a convicted lawbreaker which reaches both the punishment for the offense and the guilt of the offender.
What are the kinds of Pardon?
Absolute pardon – total extinction
Conditional Pardon – partial extinction
What is a Presidential Reprieve?
Withholding of the execution of a sentence for an interval of time.
Basis of the power of the Chief Executive
Section 19, Article VII of the Philippine Constitution
“Except in case of impeachment or otherwise required provided therein, the President may grant reprieves, commutations, and pardons and remit fines and forfeitures, after conviction by final judgment.”
Basis of the Board of Pardons and Parole power in recommending to the President the grant of Executive Clemency
Executive Order No. 83, dated January 11, 1937
RULES ON EXECUTIVE CLEMENCY
Served at least one-third (1/3) of the definite or aggregate prison term
Served at least one-half of the minimum of the indeterminate prison term or aggregated of the minimum of the indeterminate
Qualifications for Conditional Pardon
Served at least one-half (1/2) of the maximum of the original Indeterminate and/or definite prison term
Qualifications for Absolute Pardon
Served his/her maximum sentence
Granted final release and discharge
Granted court termination of probation
Total Probation Caseload Handled = Carry-Over + New Referrals Received
Total Parole/Pardon Caseload Handled (2009-2013)
Year Investigation Supervision
2009 1,140 18,164
2010 1,207 14,403
2011 4,621 14,213
2012 2,115 14,337
2013 3,979 14,166
Average 2,612 15,057
Total Probation Caseload Handled = Carry-Over + New Referrals Received
Total New Referrals Received Parole/Pardon (2009-2013)
Year Investigation Supervision
2009 1,073 5,655
2010 1,144 2,802
2011 4,601 2,551
2012 1,766 2,409
2013 3,204 2,188
Total 11,788 15,605
PAROLE/PARDON SUPERVISION STATUS (2009-2013)
Year Ongoing
Supervision
(%)
Final Release and Discharge
(%)
Recommitment
(%)
2009 93.20 6.01 0.79
2010 88.95 9.50 1.55
2011 87.01 11.27 1.72
2012 89.38 9.11 1.51
2013 92.62 6.15 1.23
Average 90.23 8.41 1.36
