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Non-Institutional Correction 2
Non-Institutional Correction 2
CORRECTION
In the event that the probationer does not report for initial
supervision within seventy- two (72) hours upon receipt of the
Probation Order or when his/her whereabouts are unknown, the
Probation Officer shall exert due diligence to find him/her and conduct
such field inquiry as is necessary within five (5) days, before
considering the fact that the probationer has absconded amounting to a
violation of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form 8) to the Trial Court.
OUTSIDE TRAVEL (OLD)
(a) A Probation Officer may authorize a probationer to travel outside his
area of operational/territorial jurisdiction for a period of more than ten
(10) days but not exceeding thirty (30) days.
(b) A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at
least five (5) days before the intended travel schedule a Request for
Outside Travel (PPA Form 7) with said Office properly recommended
by the Supervising Probation Officer on case and approved by the
CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said
request shall be recommended by the CPPO and submitted to the
Trial Court for approval.
(d) Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy
supervision.
OUTSIDE TRAVEL. (NEW)
a) The SO may authorize a probationer to travel outside his/her area of
operation/territorial jurisdiction for a period of not more than ten (10)
days. However, if it exceeds 10 days but not more than thirty (30)
days, approval of the CPPO is required. Accordingly, a Request for
Outside Travel (PPA Form 7) with said Office, properly recommended
by the SO, should be duly accomplished.
b) If the requested outside travel is for more than thirty (30) days said
request shall be recommended by the CPPO and submitted to the
Trial Court for approval.
c) Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy
supervision.
ABSCONDING PROBATIONER
a) A probationer who has not reported for initial supervision
within the prescribed period and/or whose whereabouts could
not be located or determined despite best diligent efforts
within reasonable period of time shall be declared by the
proper Office as an absconding probationer.
b) Thereafter said Office shall file with the proper court a
Violation Report (PPA Form 8), containing its findings and
recommendation, duly prepared and signed by the SO and
approved by the CPPO.
CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION
NOTE:
The Municipal, City, District and Provincial Jail Wardens have
the obligation to transmit to the Director of Prisons all pertinent records
of prisoners in jails 30 days before the expiration of such
prisoner’s minimum sentence. The Director of Prisons shall submit
to the Board for its consideration within 15 days after receipt of
aforestated records.
REFERRAL OF PETITION FOR
EXECUTIVE
CLEMENCY/PAROLE TO
OTHER GOVERNMENT
AGENCIES
A petition for executive clemency shall be referred by the Board to
the Secretary of National Defense for comment and recommendation if
the crime committed by the petitioner is against national security or
public order or law of nations.
In case of violation of election laws, rules and regulations, a
petition for executive clemency/parole shall be referred to the
Commission on Elections for favorable recommendation, provided,
however, that regardless of the crime committed, a petition for
executive clemency/parole may be referred for a pre-
parole/executive clemency investigation to a Probation and Parole
Officer who shall submit a report on the behavior, character
antecedents, mental and physical condition of the petitioner within
thirty (30) days from receipt of referral, to include the results of the
National Bureau of Investigation records check. In case of an alien, the
petition shall be referred to the Department of Foreign Affairs for
comment and recommendation.
Executive Clemency/Parole of An Alien
Administrative function exercised by the executive It is a judicial function exercise by the courts.
branch of the government (executive
function)
Granted to a prisoner only after he has serve the Granted to an offender immediately after
minimum of his sentence. conviction.
Parolee Probationer
Parole is administered by the Parole Board. Probation is handled by the Probation Administration
Parole does not restores full civil rights to parolee Probation is more beneficent because it restores full
civil rights to the probationer upon termination unlike
parole.
It is granted more than once, depending on good Probation is enjoyed only once
behavior during imprisonment
Convict must serve the minimum of his sentence Convict must serve the minimum of his sentence
before the grant. . before the grant. Probation is a community-based
approach to reformation of offenders.
BPP vs PPA
BPP PPA
Benefits of Clergy
➢if any member of the clergy was brought to trial before the king’s court,
such clergy could be claimed from the jurisdiction by the bishop or
chaplain representing him on the ground that the prisoner was subject
to the authority of the Ecclesiastical Court only.
Judicial Reprieve
➢when there is a favorable circumstance in the criminal’s character in
order to give him opportunity to apply to the King for either an absolute
an or conditional pardon. Early English courts began to grants
reprieves to prisoners under sentence of death on condition that they
accept deportation to English settlements in America.
Forerunners of Probation
New Jersey
➢The 4th state to pass e general probation law after the New England
Model in 1900
New York
➢The 5th state to provide for adult probation
California
➢The 6th state to enact adult probation law and juvenile court laws, both
in 1903
Historical Development of Probation in USA
Killets Case
➢This decision led to the passing of the National Probation Act of
1925, thereby, allowing courts to suspend the imposition of
incarceration and place an offender on probation
✓signed by President Calvin Coolidge
✓the U.S. Federal Probation Service was established.
History of Probation in the Philippines
Act No. 4221
➢enacted by the Philippine legislature on August 07, 1935 and which
created a Probation Offices under the Department of Justice led by a
Chief Probation Officer appointed by the American Governor General with
the advice and consent of the United States.
➢This Law provided probation for the first time offenders, eighteen years of
age and over, convicted of a certain crime.
➢Lasts for only 2 years. The act subsequently declared unconstitutional by
the Supreme Court on Nov. 16, 1937 in People vs. Vera
▪ ISSUE: Whether or not:
1. Encroaches upon the pardoning power of executive.
2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
History of Probation in the Philippines
"National Strategy to Reduce Crimes“
➢On July 24, 1976
➢A National Crime Prevention Program presented by Inter-Disciplinary
Committee that was created by NAPOLCOM in 1974.
➢ The Strategy proposed a two-pronged attack to reduce crime in the country,
namely:
1. to give emphasis on the prevention and control of high-fear and economic crimes
by implementing a number of priorities of actions; and
2. to improve the quality of the criminal justice system by facilitating teamwork among
its interdependent components.
✓ Making corrections more attuned to its role of rehabilitating law offenders;
▪ One priority action was to establish an adult PROBATION SYSTEM.
History of Probation in the Philippines
Teodulo C. Natividad
➢He is the Father of Probation in the Philippines. He headed the
committee (IDCCP) primarily tasked with the drafting of the adult
probation law.
➢First Administrator of the Parole and Probation Administration which
attached to the DOJ
➢First Filipino Vice President of the United Nations Congress, Geneva
Switzerland
➢Former NAPOLCOM commissioner
➢Former Congressman of Bulacan
➢Introduced House Bill No. 393 in collaboration with former
Congressman Ramon D. Bagatsing.
✓ The measure was passed in the Lower House and was pending in the senate
when Martial Law was proclaimed in 1972.
History of Probation in the Philippines
P.D. 968
➢Reestablished the adult probation law which was signed by Pres. Ferdinand
Marcos on July 24, 1976.
➢“Probation law of 1976” otherwise known” Adult Probation Law of 1976”
➢April 24, 1976 Draft the decree by NEPTALI GONZALES
➢In July 24, 1976 was approved by late President Ferdinand E. Marcos
➢In January 3, 1978 was took effect
PD 1257
➢Comment of the prosecutor within 10 days
➢Decision for granting of Probation by the judge within 15 days
BP 76
➢6 years and 1 day imprisonment is qualified for probation
PD 1990
➢Remove “1 day” and made 6 years imprisonment and below qualified for probation
History of Probation in the Philippines
E.O 292 Administrative Code Of 1987
➢Renamed Probation Administration (968) to Parole and Probation
Administration
BPP Resolution 229
➢Authorized the PPA to supervise and conduct investigation on
parolee and pardonee
✓Pre – executive Clemency (60 days)
✓Pre-Parole Investigation (60 days)
BPP Resolution 24-4-10
✓Pre – executive Clemency – 30 days (NO EXTENSION)
✓Pre-Parole Investigation – 30 days (NO EXTENSION)
Development of Parole
Alexander Maconochie
➢He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced the Mark System that became the
blueprint of modern day parole.
➢He is considered as the father of modern penology.
Mark System
➢A progressive humane system in which a prisoner is required to earn
a number of marks based on proper department, labor and study in
order to entitle him for ticket for leave or conditional release which is
similar to parole.
✓Prisoners who earned a required number of marks are given a ticket of leave
which is equivalent to parole.
✓Fair disciplinary trial, built churches, distribute book and allowed play to be
staged, permitted prisoners to find small garden and rehabilitation system.
Walter Crofton – He is the Director of the Irish Prison in 1854 who
introduced the Irish system that was modified from the Mocanochie’s mark
system.
1st Stage
✓solitary confinement for nine months
✓reduced diet and allowed monotonous work .
2nd Stage
✓assignment to the public works at Spike Island
✓the prisoner worked his promotions through a series of grades according
to a mark system and wore a badge of distinction to show his status
3rd Stage
✓the prisoner was sent to lurk or Smithfield which was a sort of preparation
for release.
✓work without custodial supervision and was expose to ordinary temptation
of freedom.
Final Stage was the release on supervision under conditions equivalent to
present day parole.
1837
➢First Parole Law was passed in Massachusetts.
➢At the same time Captain Mochanochie, In charge of the
English Penal Colony in Norfolk Island, Australia, introduce a
system whereby a prisoner was given a “TICKET OF LEAVE”
(the equivalent of parole) after earning a certain required
number of marks.
DR. S.G. HOWE OF BOSTON
➢First man to use the word “PAROLE”.
➢He used the word in a letter to the Prison Association of New
York in 1869, after some American Prison Reforms who
observed that the Irish Prison System paved the way for the
approval of the law --- creating Elmira Reformatory.
Zebulon Brockway
➢First Superintendent of Elmira Reformatory in New York
➢He introduced training school type, education for prisoners, solitary
confinement for night and congregate workshop were adopted,
extensive use of parole and indeterminate sentence.
➢The Elmira Reformatory (1876 in Elmira, NY) First reformatory and
considered as the forerunner of modern penology because it had all
the elements of a modern system.
2nd grade of classification (6 mths) 1st Grade (6 months) Release
3rd grade misconduct
1 month of good behavior
Parole in the Philippines
Act No. 4103 (ISLAW)
➢as amended by Act No. 4203 and Act No. 4225
➢is the Indeterminate Sentence Law, which took effect on 5
December 1933 and currently still enforceable. This law is
responsible for the establishment of the parole system in the
Philippines and the Board of Pardons and Parole, which is tasked
to administer the parole system.
▪ E.O 83 Series of 1937
✓Change “Board of indeterminate sentence” to Board of Pardons
✓Has the power to assist and recommend to president in granting executive
clemency
▪ E.O 94 Series of 1947 “The Reorganization Law of 1947”
✓ Renamed to Board of Pardons and Parole
Pardon
➢It is a form of Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient is not entitled to it
as a matter of right. It is discretionary and not subject to review by
the judiciary.
➢It dates back to the pre-Christian Era. It was applied to members
of the Royal Family who committed crimes and occasionally to
those convicted of offenses against the royal power. In England it
was usually an exclusive power of the king but there were times
that were extended to the Queens upon advised of the Minister of
the Interior.
➢It is highly political in nature and is usually granted in response to
popular clamor (noise) or to aid in the return to normalcy of a
political situation that might affect the country if not addresses.
History of Pardon
England
➢Pardon was developed out of the conflict between the King and
the Nobles who threatened their powers.
➢Pardon was applied to members of the Royal family who
committed crimes and occasionally to those convicted of
offenses against the royal power. It was the general view that
the pardoning power was the exclusive prerogative of the King.
➢In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.
History of Pardon
United States
➢Pardoning among the early American colonists was a carry-
over of the English practice.
➢The pardoning power was exercised by the Royal governor
through the power delegated by the King.
➢After the declaration of Independence, the Federal and State
constitutions vested the pardoning power on the President of
the United States and the Governor in federal and state cases,
respectively.
History of Pardon
Philippines
➢The Jone’s Law Section 21 stated that “the Governor General
of the Philippine Islands is vested with the power to grant
pardons and reprieves and remit fines and forfeiture”.
➢The pardoning power was vested in the Prime Minister by
Article IX, Section 14 of the Philippine Constitution which states:
“The Prime Minister shall have the power to grant reprieves,
commutations, and pardons, and remit fine and forfeitures, after
convictions for all offenses, except cases of impeachment, upon
such conditions and with such restrictions and limitations as he
may deem proper to impose. He shall have the power to grant
amnesty with the concurrence of the Congress.”
History of Amnesty
USA
➢President Harry S. Truman issued two Presidential proclamations granting
amnesty to groups of unnamed persons who were anti-war activists who
opposes the involvement of the U.S in two wars.
✓ 1st was in 1945 after World War II
✓ 2nd is after Korean War in 1952
Philippines
➢Presidential proclamation no. 51 by President Manuel Roxas
✓ For those who collaborated with the Japanese during WWII
➢Presidential proclamation no. 76 by Elpidio Quirino
✓ For those members of HUKBALAHAP and Pambansang Kaisahan ng Mga Mambubukid
(PKM) an organization of peasants fighting for agrarian reform and is part of the
communist underground movement