NON-INSTITUTIONAL BASED CORRECTIONAL PRACTICES

Lecturer: Roland N. Resurreccion

The three major problems facing corrections in the Philippines today that needs remedy are the following: 1)
jail and prison congestion, 2) the inadequacy of training programs for personnel in institutional and non-
institutional corrections, and 3) the need to give preferential attention to improving the quality of services in
the rehabilitation of offenders. Thus, the major projects for implementation in 2001 are the maximum
implementation of various measures of early release provided by existing laws; the provision of training
programs on records management, which is very timely considering the poor management of prison records,
which hampers the timely release of prisoners. To realize the full benefits from the Jail Decongestion
Program, the non-institutional or community-based approach to corrections should be played to the hilt.

Non-institutional Corrections refer to that method of correcting sentenced offenders without having
to go to prison. The advantages of this is that it is less costly on the part of the government, the
offenders family need not suffer since the offender will not be sent away from them and he will still
be able to go on with his life and livelihood thereby enabling him to support his family. The
community will also be involved so that crime becomes less hard to control. In fact, it has been
widely accepted that incarceration or imprisonment should be imposed on societys offenders only as
a last resort, and that community-based treatment should instead be promoted whenever possible and
feasible to hasten offenders reintegration.

Executive Clemency. Executive clemency shall refer to Absolute 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. Under the law, the President has the power
to grant pardons, commutations, reprieves, amnesty for all offenses except impeachment cases and
remit fines and forfeitures after the recipient has been convicted.

The Board of Pardons and Parole is the agency in charge with the release of sentenced prisoners
based on modes specified by law. Its actions and proceedings are governed by the provisions of
Section 4 of Act No. 4103, Executive Order No. 292, series of 1987, otherwise known as the
Administrative Code of 1987. The Policy Objectives of the BPP as enunciated in Section 1 of the
Rules and Regulations of the Board of Pardons and Parole states: Conformably with the basic
precepts of justice and mercy, it shall be the policy of the BPP to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and excessive deprivation of personal
liberty.

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 the 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.

While the laws of any country in the world, looks very good on paper, the intricate procedures that
are attendant to the application of laws are so complicated, even lawyers find it hard to sort out the
intricacies of the law, how much more for the ordinary Filipino who is unlettered and poor. An
innocent man can be sent to prison, and many have suffered that fate because the poor, unlettered and
many times, tortured by law enforcers who just want the poor guy the fall guy so that the law
enforcers could include it in their accomplishment reports as solved and gets a good rating for high
crime solution rate. To prove his innocence, an innocent man requires the services of a lawyer whose
qualification is better than the lawyer of the other side. When that other side is wealthy, he can afford
to get the services of the best lawyers of the land that his money can buy. Sometimes judges decide in
favor of the rich man because his lawyer was able to make good presentation while the poor lawyer
that the poor can barely afford cannot convince the judge because of his poor performance. There are
two kinds of pardon in the Philippines, absolute pardon and conditional pardon.

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 Absolute Pardon. 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.

Conditional Pardon. Conditional pardon, on the other hand, 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.

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. While
pardon is likewise issued by the President and is also political in nature, it is an exclusive act of the
President where the courts and Congress has no say whatsoever.

Reprieve. Like Pardon, Reprieve is also another prerogative exercised by the President of the
Philippines. Generally, is applied to death sentences already affirmed by the Supreme Court. But it
can also be invoked in another cases that have become final. Reprieve is the temporary stay of the
execution of a sentence. In death sentences, the date of execution of the death convict is held in
abeyance for a certain period to enable the Chief to temporarily stay execution of sentence.

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. Death sentences or life imprisonment is
reduced to a shorter sentence. Commutation does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentence for a term of years.

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.

Probation. Probation is another form of non-institutional corrections practices that gives a sentenced
convict the chance to reform and rehabilitate himself without having to spend time in jails. Probation
does not confine to a prison a sentenced prisoner but rather he will be released and undergo
personalized community based treatment, while in parole, the parolee will have to serve a portion of
his sentence before he is eligible for parole.

Other Forms of Community- Based Release. Aside from probation and parole, other modes of
non-institution based corrections are: Presidential Decree 603, otherwise known as the Child and
Welfare Code; Batas Pambansa Bilang 85 for those who have already served the maximum period of
the imposable penalty in detention but those cases are still pending in the court; Republic Act 6036,
otherwise known as the Law on Release on Recognizance, which places under the custody of
prominent persons in the community for those who cannot post bail, persons charged with offenses
involving violation of a municipal or city ordinance and in criminal cases where the prescribed
penalty is not higher than arresto mayor (six months) and/or a fine of two thousand pesos or both.
Republic Act 6127 full deducts the period of the offenders preventive detention from the sentence
imposed by the Courts.

The Revised Penal Code under Article 96 also provides that in meritorious cases, the commutation of
the prisoners sentence through Presidential Action shall be upon the recommendation of the court,
which imposed the same. Presidential Decree Number 1508, provides among others, that for criminal
offenses impossible with an imprisonment of thirty (30) days for less, the partial thereto, must first
try to settle the case amicably at the barangay level, and only when no settlement can be reached, will
a complaint be entertained by the court.

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 Restorative Justice is defined as a process whereby all parties with a stake in a particular offense
come together to resolve collectively how to deal with the aftermath of the offense and its
implications for the future. It is an approach in administering justice that focuses on repairing the
harm done to the victim and the community.

PAROLE AND ADMINISTRATION - PPA

HISTORICAL BACKGROUND

It was Matthew Davenport Hill who first initiated probation in England on 1841 by applying this to juvenile
delinquents. .Appreciated with this theory, was John Augustus, a shoemaker who serve as a responsible
person for the release of a confirmed drunkard from the Police Court of Boston. This offender in his custody
turned sober, and industrious citizen and this resulted to the passage of first Probation Law in April 26, 1878
which was signed by Governor Alexander H Rice of Massachusettes.

Probation was first introduced in the Philippines during the American colonial period (1898 - 1945) with the
enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935. This law created a Probation
Office under the Department of Justice. On November 16, 1937, after barely two years of existence, the
Supreme Court of the Philippines declared the Probation Law unconstitutional because of some defects in the
law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the
Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but was pending in the Senate when
Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical
hearings over a period of six months, the draft decree was presented to a selected group of 369 jurists,
penologists, civic leaders and social and behavioral scientists and practitioners. The group overwhelmingly
indorsed the establishment of an Adult Probation System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into
Law by the President of the Philippines.

The operationalization of the probation system in 1976-1977 was a massive undertaking during which all
judges and prosecutors nationwide were trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers recruited and trained, and the central agency and
probation field offices organized throughout the country. Fifteen selected probation officers were sent to
U.S.A. for orientation and training in probation administration. Upon their return, they were assigned to train
the newly recruited probation officers.

The probation system started to operate on 3 January 1978. As more probation officers were recruited and
trained, more field offices were opened. There are at present 204 field offices spread all over the country,
supervised by 15 regional offices.

PRESIDENTIAL DECREE NO. 968

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES.

WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence of
recidivism;.

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and.

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WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are
likely to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It
shall apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree
numbered Six Hundred and three and similar laws.

Sec. 2. Purpose. This Decree shall be interpreted so as to:

(a) Promote the correction and rehabilitation of an offender by providing him with individualized treatment;

(b) Provide an opportunity for the reformation of a penitent offender which might be less probable if he were
to serve a prison sentence;

(c) Prevent the commission of offenses.

Sec. 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a
probationer or both.

Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of the application shall be deemed a waver of the right
to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Sec. 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby.

Sec. 6. Form of Investigation Report. The investigation report to be submitted by the probation officer
under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the
Secretary of Justice.

Sec. 7. Period for Submission of Investigation Report. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct
the investigation. The court shall resolve the petition for probation not later than five days after receipt of
said report.

Pending submission of the investigation report and the resolution of the petition, the defendant may be
allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on

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recognize to the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.

Sec. 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed
on probation, the court shall consider all information relative, to the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources.
Probation shall be denied if the court finds that:

(a) The offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) There is undue risk that during the period of probation the offender will commit another crime; or

(c) Probation will depreciate the seriousness of the offense committed.

Sec. 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) Sentenced to serve a maximum term of imprisonment of more than six years;

(b) Convicted of any offense against the security of the State;

(c) Who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) Who have been once on probation under the provisions of this Decree; and

(e) Who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.

Sec. 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit the probation officer or an authorized social worker to visit his home and place of work;

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(j) reside at premises approved by it and not to change his residence without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.

Sec. 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of another offense, he shall
serve the penalty imposed for the offense under which he was placed on probation.

Sec. 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing of such an
application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.

Sec. 13. Control and Supervision of Probationer. The probationer and his probation program shall be
under the control of the court who placed him on probation subject to actual supervision and visitation by a
probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case,
a copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred
shall have the power with respect to him that was previously possessed by the court which granted the
probation.

Sec. 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year
shall not exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less than nor to be more than twice the total number of
days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised
Penal Code,

Sec. 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue
a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer,
once arrested and detained, shall immediately be brought before the court for a hearing, which may be
informal and summary, of the violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer
to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms
and conditions thereof shall not be appealable.

Sec. 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed
terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result
of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.

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The probationer and the probation officer shall each be furnished with a copy of such order.

Sec. 17. Confidentiality of Records. The investigation report and the supervision history of a probationer
obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone
other than the Probation Administration or the court concerned, except that the court, in its discretion, may
permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the
best interest of the probationer makes such disclosure desirable or helpful:

Provided, Further, That, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the
Administration..

Sec. 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.

Sec. 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He
shall hold office during good behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties shall
be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe, concerning the
operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the methods
and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his Administration
and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve the
objectives of this Decree.

Sec. 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be assigned to him by the latter and as may be provided
by law. In the absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at least thirty-
six thousand pesos.

Sec. 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five
years of age, holder of a master's degree or its equivalent in either criminology, social work, corrections,
penology, psychology, sociology, public administration, law, police science, police administration, or related
fields, and should have at least five years of supervisory experience, or be a member of the Philippine Bar
with at least seven years of supervisory experience.

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Sec. 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated Reorganization
Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President of
the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may be assigned to him by the Administrator. He shall have an annual salary
of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of the Secretary of Justice, with an
annual salary of at least twenty thousand pesos.

Sec. 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision or that of the probation aide on the terms and conditions of
their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable
methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as
probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgments
and to take depositions in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of a police officer.

Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No
person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he
possesses at least a bachelor's degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or related fields and has at least three years of
experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar
with at least three years of supervisory experience.

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Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Sec. 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice
shall organize the administrative structure of the Administration and the other agencies created herein.
During said period, he shall also determine the staffing patterns of the regional, provincial and city probation
offices with the end in view of achieving maximum efficiency and economy in the operations of the
probation system.

Sec. 27. Field Assistants, Subordinate Personnel. Provincial or City Probation Officers shall be assisted
by such field assistants and subordinate personnel as may be necessary to enable them to carry out their
duties effectively.

Sec. 28. Probation Aides. 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.

Sec. 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging
from six months and one day to six years and a fine ranging from six hundred to six thousand pesos shall be
imposed upon any person who violates Section 17 hereof.

Sec. 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual
appropriations of the national government.

Sec. 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.

Sec. 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Sec. 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve
months after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and seventy-six.

PRESIDENTIAL DECREE NO. 1990

AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION LAW
OF 1976.

WHEREAS, it has been the sad experience that persons who are convicted of offenses and who may be
entitled to probation still appeal the judgment of conviction even up to the Supreme Court, only to pursue
their application for probation when their appeal is eventually dismissed;.

WHEREAS, the process of criminal investigation, prosecution, conviction and appeal entails too much time
and effort, not to mention the huge expenses of litigation, on the part of the State;

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WHEREAS, the time, effort and expenses of the Government in investigating and prosecuting accused
persons from the lower courts up to the Supreme Court, are oftentimes rendered nugatory when, after the
appellate Court finally affirms the judgment of conviction, the defendant applies for and is granted
probation;

WHEREAS, probation was not intended as an escape hatch and should not be used to obstruct and delay the
administration of justice, but should be availed of at the first opportunity by offenders who are willing to be
reformed and rehabilitated; .

WHEREAS, it becomes imperative to remedy the problems abovementioned confronting our probation
system.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree:

Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to read as follows:

"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting
an appeal, suspend the execution of the sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best; Provided, That no application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

"Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court. The filing of the application shall be deemed a
waiver of the right to appeal.

"An order granting or denying probation shall not be appealable."

Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read as follows:

"Sec. 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of subversion or any crime against the national security or the public order;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less than Two Hundred Pesos.

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Section 33 hereof."

Sec. 3. The provisions of Section 4 of Presidential Decree No. 968, as above amended, shall not apply to
those who have already filed their respective applications for probation at the time of the effectivity of this
Decree. .

Sec. 4. All laws, decrees, executive or administrative orders, rules and regulations, or parts thereof,
inconsistent with this Decree, are hereby repealed, amended or modified accordingly. .

Sec. 5. This Decree shall take effect after fifteen (15) days following its publication in the Official Gazette.

DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen hundred and eighty-
five.

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 REPUBLIC ACT No. 6036

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE REQUIRED
IN CASES OF VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL
OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT HIGHER
THAN ARRESTO MAYOR AND/OR A FINE OF TWO THOUSAND PESOS OR BOTH.

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be required of a
person charged with violation of a municipal or city ordinance, a light felony and/or a criminal offense the
prescribed penalty for which is not higher than six months imprisonment and/or a fine of two thousand
pesos, or both, where said person has established to the satisfaction of the court or any other appropriate
authority hearing his case that he is unable to post the required cash or bail bond, except in the following
cases:

(a) When he is caught committing the offense in flagranti;

(b) When he confesses to the commission of the offense unless the confession is later repudiated by
him in a sworn statement or in open court as having been extracted through force or intimidation;

(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped
bail;

(d) When he is found to have previously violated the provisions of Section 2 hereof;

(e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for
an offense to which the law or ordinance attaches an equal or greater penalty or for two or more
offenses to which it attaches a lighter penalty;

(f) When he commits the offense while on parole or under conditional pardon; and

(g) When the accused has previously been pardoned by the municipal or city mayor for violation of
municipal or city ordinance for at least two times.

Section 2. Instead of bail, the person charged with any offense contemplated by Section 1 hereof shall be
required to sign in the presence of two witnesses of good standing in the community a sworn statement
binding himself, pending final decision of his case, to report to the Clerk of the Court hearing his case
periodically every two weeks. The Court may, in its discretion and with the consent of the person charged,
require further that he be placed under the custody and subject to the authority of a responsible citizen in the
community who may be willing to accept the responsibility. In such a case the affidavit herein mentioned
shall include a statement of the person charged that he binds himself to accept the authority of the citizen so
appointed by the Court. The Clerk of Court shall immediately report the presence of the accused person to
the Court. Except when his failure to report is for justifiable reasons including circumstances beyond his
control to be determined by the Court, any violation of this sworn statement shall justify the Court to order
his immediate arrest unless he files bail in the amount forthwith fixed by the Court.

Section 3. This Act shall apply to all person who, at the time of its approval, are under temporary detention
for inability to post bail for charges contemplated by Section 1 above.

Section 4. This Act shall take effect upon its approval.

Approved: August 4, 1969

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 REPUBLIC ACT No. 6127

AN ACT AMENDING ARTICLE TWENTY-NINE OF THE REVISED PENAL CODE TO GIVE

FULL TIME CREDIT UNDER CERTAIN CONDITIONS TO OFFENDERS WHO HAVE
UNDERGONE PREVENTIVE IMPRISONMENT (DETENTION PRISONERS) IN THE SERVICE
OF THEIR SENTENCES.

Section 1. Article 29 of the Revised Penal Code is hereby amended to read as follows:

"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have
undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime;
and

2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily;

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment."

Section 2. This Act shall take effect upon its approval.

Approved: June 17, 1970

FOREWORD

In 1981, the Board of Pardons and Parole issued its first handbook containing a compilation of policies and
guidelines that had evolved through the years since the enactment on December 5, 1933 of Act No. 4103,
otherwise known as the "Indeterminate Sentence Law", as amended. It was revised in 1990 to make it more
simple and easily understood by the ordinary layman, particularly, the prisoner who wished to avail of the
benefits of parole and executive clemency.

More than ten (10) years have elapsed, hence it has become imperative to revise again the Rules of the Board
to conform with recent legislative enactments and executive issuances. The Board merely implement the
laws, its interpretation by the Courts, and the policies emanating from them, as enunciated by the President.
On the basis of these guidelines, the Board has come up with its working procedures which are embodied in
the present Revised Rules and Regulations.

It is hoped that these Rules will serve as a handy manual to correctional workers, lawyers, prisoners and their
families, and the general public to learn and understand the workings and mechanics of the Members of the
Board of Pardons and Parole. It is also envisioned that the prisoner, or anybody in his behalf, will know the
steps he has to take in applying for grants of parole and executive clemency.

Pursuant to the provisions of Section 4 of Act No. 4103, "The Indeterminate Sentence Law", as
amended, the following Rules and Regulations are hereby promulgated to govern the actions and
proceedings of the Board of Pardons and Parole:

I. GENERAL PROVISIONS

SEC. 1. Policy Objectives - Under the provisions of Act No. 4103, as amended, otherwise known as the
"Indeterminate Sentence Law", which was approved on December 5, 1933, it is the function of the Board of
Pardons and Parole to uplift and redeem valuable human material to economic usefulness and to prevent

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unnecessary and excessive deprivation of personal liberty by way of parole or through executive clemency.
Towards this end, the Board undertakes the following:

1. Looks 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;

2. Assists in the full rehabilitation of individuals on parole or those under conditional pardon with
parole conditions, by way of parole supervision; and,
3. Recommends to the President of the Philippines the grant of any form of executive clemency to
prisoners other than those entitled to parole.

SEC. 2. Definition of Terms - As used in these Rules, unless the context indicates otherwise-

a. "Board" refers to the Board of Pardons and Parole;

b. "Executive Director" refers to the Executive Director/Secretary of the Board;
c. "Administration" refers to the Parole and Probation Administration;
d. "Administrator" refers to the Administrator of the Parole and Probation Administration;
e. "Regional Director"refers to the Head of the Parole and Probation Administration in the region;
f. "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the supervision
of the client;
g. "Director" refers to the Director of the Bureau of Corrections;
h. "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional
Institution for Women and the prison and penal farms of the Bureau of Corrections;
i. "Warden"refers to the Officer-In-Charge of the Provincial, City, Municipal or District Jail;
j. "Carpeta" refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor's information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detention and other pertinent documents of the case;
k. "Prison Record" refers to information concerning an inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date
he commenced serving his sentence, the date he was received for confinement, the place of
confinement, the date of expiration of the sentence, the number of previous convictions, if any, and
his behavior or conduct while in prison;
l. "Parole" refers to the conditional release of an offender from a correctional institution after he has
served the minimum of his prison sentence;
m. "Executive Clemency" refers to Reprieve, Absolute Pardon, Conditional Pardon with or without
Parole Conditions and Commutation of Sentence as may be granted by the President of the
Philippines;
n. "Reprieve" 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;
o. "Commutation of Sentence" refers to the reduction of the duration of a prison sentence of a prisoner;
p. "Conditional Pardon" 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;
q. "Absolute Pardon" 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;
r. "Petitioner" refers to the prisoner who applies for the grant of executive clemency or parole;
s. "Parolee" refers to a prisoner who is released on parole;
t. "Pardonee" refers to a prisoner who is released on conditional pardon;
u. "Client" refers to a parolee/pardonee who is placed under supervision of a Probation and Parole
Officer;
v. "Release Document" 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;
w. "Parole Supervision" refers to the supervision/surveillance by a Probation and Parole Officer of a
parolee/pardonee;
x. "Summary Report" 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;
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 y. "Progress Report" refers to the report submitted by the Probation and Parole Officer on the conduct of
the parolee/pardonee while under supervision;
z. "Infraction Report" 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.

Republic Act No. 9344. An Act establishing a comprehensive Juvenile Justice and Welfare System creating
the Juvenile Justice and Welfare Council under the Department of Justice. The salient features of this law
includes the new definition of minimum age of criminal responsibility, under Section 6 of this law it
provided that a child fifteen (15) years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this act. A child above fifteen (15) years old but below eighteen (18) years of age shall be
likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this act.

NON-APLICABILITY OF THE PROBATION LAW

R. A. 9165- Comprehensive Dangerous Drugs Act of 2002

SECTION 24. Non-applicability of the Probation Law for Drug Traffickers and Pushers
Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty
imposed by Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No.
968, as amended.

BUT READ THE PROVISION BELOW UNDER THE SAME LAW REGARDING VOLUNTARY
SUBMISSION

SECTION 57. Probation and Community Service Under the Voluntary Submission Program
- A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through
the voluntary submission program, but does not qualify for exemption from criminal liability under Section
55 of this Act, may be charged under the provisions of this Act, but shall be placed on probation and undergo
a community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with nongovernmental civil organizations accredited by the
DSWD, with the recommendation of the Board.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program.
A drug dependent under the voluntary submission program, who is finally discharged from
confinement, shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable rules and regulations of
the Board, including the after-care and follow-up program for at least eighteen (18) months following
temporary discharge from confinement in the Center or, in the case of a dependent placed under the care of
the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD and
approved by the Board: Provided, That capability-building of local government social workers shall be
undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous
Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any
special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption
from criminal liability.

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Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15)
years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more
than eighteen (18) years of age at the time when judgment should have been promulgated after having been
found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following
conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous
Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the
Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen
(18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence to a
Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-
up program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the
provisions of this Section.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor
Offender. If the accused first time minor offender under suspended sentence complies with the applicable
rules and regulations of the Board, including confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss
all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all
official records, other than the confidential record to be retained by the DOJ relating to the case. Such an
order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for
any purpose.

Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. ?
The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a
first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15
of this Act but not more than eighteen (18) years of age at the time when judgment should have been
promulgated.

Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor
offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of
the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations
of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she
shall serve sentence as any other convicted person.

Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even
if the sentence provided under this Act is higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons
and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the

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Board shall submit a written report to the court recommending termination of probation and a final discharge
of the probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be determined by the
court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section
15 of this Act. The completion of the community service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report
on the manner of compliance of said community service. The court in its discretion may require extension of
the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the
accused during the suspended sentence period shall be deducted from the sentence to be served.

Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether
or not a person accused under this Act is a first-time minor offender.

Section 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty of imprisonment
ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official
custody of or access to the confidential records of any drug dependent under voluntary submission programs,
or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to
any person other than those charged with the prosecution of the offenses under this Act and its
implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification
from any public office, when the offender is a government official or employee. Should the records be used
for unlawful purposes, such as blackmail of the drug dependent or the members of his/her family, the penalty
imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be
convicted of.

Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any
Concerned Agency. Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the
Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in
any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused
drug dependent, whether under voluntary submission program or compulsory submission program, may be
cited for contempt by the court.

Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent, spouse,
guardian or any relative within the fourth degree of consanguinity of any person who is confined under the
voluntary submission program or compulsory submission program shall be charged a certain percentage of
the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD
taking into consideration the economic status of the family of the person confined. The guidelines therein
formulated shall be implemented by a social worker of the local government unit.

USEFUL TERMS

1. ABSCOND Means to depart from a geographical area or jurisdiction prescribed by the conditions
of ones probation or parole, without authorization.

2. ABSOLUTE PARDON Total extinction of criminal liability of an individual to whom it is granted

and restores back to him all civil rights which are either loss or suspended by virtue of his conviction.

3. AMNESTY A general pardon extended to a class of person or who maybe guilty of political
offenses.

4. BENIGN NEGLECT The slighting of female offenders special problems and needs, particularly in
the provision of programs and services.

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 5. BONDSMAN An independent businessperson who provides bail money for a free, usually 5 to 10
percent of the total.

6. BOOKING A police administrative action officially recording an arrest and identifying the person,
place, time, the arresting authority and the reason for the arrest.

7. COMMUTATION An act of the president changing/reducing a heavier sentence to a lighter one or

a longer term into shorter term. It may alter Death Sentence to Life Sentence or a Life Sentence to a
term of years.

8. COMMITMENT ORDER A written order of the court or any other competent authority
consigning an offender to a jail or prison for confinement.

9. CONTRABAND Any article, item, or thing prohibited by law/ or forbidden by jail rules.

10. CONDITIONAL PARDON Exemption of an individual with certain limits or condition from the
punishment, which the law inflects for the offense he has committed.

11. DESTIERRO The penalty of banishing a person from a place where he committed a crime
prohibiting him to get near or enter the 25-kilometer perimeter.

12. EXPUNGE The sealing or purging of arrest, criminal, or juvenile record information.
13. HOME DETENTION The released of a sentenced inmate from a correctional institution to his or
her own home with the stipulation that the inmate may leave only to go to work.

14. INDETERMINATE SENTENCE A period of incarceration set by a judge as a minimum term that
must be served before a decision on parole eligibility is made and a maximum form at the conclusion
of which the sentence has been completed.

15. INSTITUTIONAL CAPACITY The officially stated number of inmates or residents that a
correctional facility is designed to house, exclusive of extra-ordinary arrangements to accommodate
over crowded conditions.

16. INMATE CODE A set of rules of conduct that reflect the values and norms of the prison social
system and help to define for inmates the characteristics associated with the model prisoner.

17. MANDATORY RELEASE The required release of an inmate from incarceration upon the
expiration of a certain time period as stipulated by a determinate sentencing law or parole guidelines.

18. MAXIMUM SECURITY PRISON A prison designed and organized to minimize the possibility
of escapes and violence and to that end imposes strict limitations on the freedom of inmates and
visitors.

19. MEDIUM SECURITY PRISON - A prison designed and organized to prevent escapes and violence
but in which restrictions on inmates and visitors are less rigid that in facilities for more dangerous
offenders.

20. MINIMUM SECURITY PRISON A prison designed and organized to permit inmates and visitors
as much freedom as is consistent with the concept of incarceration.

21. MITTIMUS A warrant issued by the court bearing its seal and the signature of the judge, directing
the jail or prison authorities to receive inmates for custody or service of sentence imposed therein.

22. NEW GENERATION JAIL A facility of popular architectural design and management policies
that emphasize interaction of inmates and staff and provision of services.

23. PARDON An action of the executive branch of state or federal government excusing an offense
and absolving the offender from the consequences of the crime.

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 24. PAROLE The conditional release of an inmate from incarceration under supervision after a portion
of the prison sentence has been served.

25. PREVENTIVE DETENTION The detention of an accused in prison or in jail for the purpose of
protecting the community from crimes, the accused is considered likely to commit if he or she is set
free pending from trial.

26. PRISONIZATION The process by which a new inmate absorbs the customs of the prison society
and learns to adapt to the environment.

27. SAFEKEEPING The temporary custody of a person for his own protection, safety and care; and or
his security from harm, injury or danger for the liability he has committed.

28. SENTENCE The penalty imposed by a court on a convicted person, or the courts decision to
suspend imposition or execution of the penalty.

29. UTILITARIANISM The doctrine that the aim of all action should be the greatest possible balance
of pleasure over pain, hence, the belief that a punishment inflicted on an offender must achieve
enough good to outweigh the pain inflicted.

30. WORK RELEASE The released of a sentenced inmate from a correctional institution for work
during the day, the inmate must spend nights and weekends in the facility.

RELATED LAWS

31. ACT No. 4103- indeterminate Sentence Law

32. P.D. 968- Probation Law
33. E.O. 292- Administrative Code of 1987
34. ACT 3316- the formal basis on the grant of Good Conduct Time Allowance for prisoners.
35. Act No. 1533- also known as the law on working detention.
36. Act No. 3326- also known as a of Prescription of Penalty.
37. Republic Act 7659- also known as an Act imposing the Death Penalty
38. Republic Act 8177- law imposing lethal injection
39. Republic Act 9346- law abolishing death penalty
40. Republic Act 6981- Witness Protection Program
41. Republic Act 7438- an act defining the right of the accused
42. P.D. 28- Law establishing Regional prisons.
43. Act. No- 6036- Law on Release on Recognizance (ROR).
44. R.A. 6127- Grant of full time credit period of preventive detention, which fully deducts the period of
the offenders preventive imprisonment detention from the sentence imposed by the court.
45. R.A. 4203- a law which creates the Board of Pardon and Parole, to look into the physical, mental and
moral record of convicted offenders in order to determine who shall be eligible for parole, probation
and pardon.

VICTORY belongs to the most PERSEVERING

Napoleon Bonaparte

Good luck FUTURE Criminologists!

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