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Transcript of Probation Review New
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INSTITUTIONALAND
NON-INSTITUTIONALIZED CORRECTION
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House Bill No. 393
filed by Teudolo C. Natividad and
Ramon Bagatsing. This is the second
Bill/measurethat attempts to establishedan adult probation in the Philippines. It
was passed in the lower house but
pending in the senate when martial lawwas proclaimed.
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The present probation law:
Presidential Decree 968
Probation Law of 1976
- This was signed into law by thenPresident Ferdinand Marcos on July 24,
1976 during the last day of the first
national conference on Crime Control heldat Camp Aguinaldo.
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January 3, 1978effectivity of the
application of the substantive provisions
concerning grant of probation.
Teudolo C. NatividadformerNAPOLCOM commissioner and former
Congressman of Bulacan.
- Known as the father ofProbation in the Philippines.
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Application for Probation
- The application for probation shall befiled by sentenced or convicted offender
whose sentence is not more than 6 yearsimprisonment. It shall be filed with thecourt that tried and sentenced the offender.
- Section 32, RA 6425 (Dangerous DrugAct of 1972) Probation is granted to drugaddicts.
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- PD 603, amended by PD 1179 (Child &
Youth Welfare Code) probation to minoroffenders.- PD 968 was approved only on July 24,1976 and became operational on January
3, 1978. Sentenced offenders 18 yearsand above can apply probation beforeserving sentence.- The first probation in 1937 was declared
unconstitutional because it covers onlyprovinces that can financially afford toadopt the law.
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Petition for Probation
Is there a need to apply for probation toavail of its benefits?
-Yes, it will not be granted exceptupon the application by the accused. Thenecessity for such application is indicatedin Sec. 4, PD 968, which states that the
trial court may, after it shall have convictedand sentenced a defendant and uponapplication by said defendant within theperiod of perfecting an appeal.
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When can a petitioner file his
application for probation?
- the law says that the application
should be made within the period forperfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
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Is there a form prescribed for the
application for probation?
- Yes, it shall be in the form approved
be the Secretary of justice asrecommended by the Administrator or as
may be prescribed by the SC.
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Where can we file the application forprobation?
-The application for probation be
filed directly to the trial court that heard
and sentenced the person applying for
probation.
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What then be the duty of the court
after receipt of the application?
- the trial court may notify the
concerned prosecuting officer of theapplication at a reasonable time before
the scheduled hearing thereof.
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Procedures in Applying for Probation:
1. The offender or his counsel files a
petition with the convicting court
2. The court determines convictqualifications and notifies the
prosecutor of the filing of the petition
3. The prosecutor submits his commentson such application within 10 days
from receipt of the notification
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4. If petitioner is qualified, his application
is referred to the probation officer
for post-sentence investigation
5. The post-sentence investigation report
(PSIR) is submitted by the probationofficer to the court within 60 days
6. The court grants or denies the petition
for probation within 15 days uponreceipt of the PSIR.
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Effects of filing an application for Probation
a) the court may, upon receipt of the
application suspend the execution
of sentence imposed in judgment;b) pending the submission of the PSIR
and the resolution on the
application, the applicant may be
allowed on temporary liberty under
his bail, on a new bail, or released
on recognizance.
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Disqualifications for Probation
a. Those who were sentenced to more than 6 years
b. Those who were convicted of crimes against the
security of the state (Art. 134 to 157 except 135, 140
and 152 of the RPC)
c. Those previously convicted and punished of not lessthan 1 month and 1 day imprisonment and/or fine of
not less than 200 pesos (include those punished with
destierro)
d. Those who were previously granted probation underP.D. 968
e. Those who were already serving their sentence when
probation became applicable
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When Probation is granted, what
conditions are imposed by the court?
a. The probationer must present himselfto his probation officer within 72 hours
b. Report to his probation officer at leastonce a month
c. Not to commit another crime
d. Comply with any other lawfulconditions imposed by the court.
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If the probationer committed a crime
while under probation, what would bethe consequences?
a. The probationer will be arrested for
violation of the condition of probation
b. Prosecution of the new crime
committed
c. The court will order the serving of theoriginal sentence of the previous
offense
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How long is the period of probation?
a. Not more than 2 years if the sentence is
imprisonment for 1 year or less
b. Not more than 6 years if t he sentence
is imprisonment for more than 1 year
but not more than 6 years.
Note: Probation starts upon issuance ofthe court granting probation.
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When should probation be denied?
a. The offender is in need of correctionaltreatment that can be provided moreeffectively by his commitment to an
institutionb. There is undue risk that during the period ofprobation the offender will commit anothercrime
c. Probation will depreciate the seriousness ofthe offense.
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The offender may be released pendingapplication for probation:
a. On the same bond he filed during trial
b. On a new bondc. To the custody of a responsible
member of the community if unable to
file bond
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When can the Court Modify the Conditions
for Probation?
a. at any time during supervision
b. after summary hearing when the probationer
violated any of its conditionsc. upon application by the probation officer or
the probationer himself
Note: only the judge who heard and decided the
case has the power to grant, deny, modify,
revoke and terminate probation.
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OUTSIDE TRAVEL
1. Probation officer authorized theprobationer to travel outside the area of the
operation for a period of 10 days but not
exceeding 30 days.
2. If 30 days, Probation must file 5 days
before travel a request to travel outside for
the approval of Probation authorities.
3. If more than 30 days ProbationAuthorities shall recommend for Court
Approval.
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CHANGE OF RESIDENCE
1. The probationer must file a requestfor change of residence at the city
or provincial Parole and Probation
officer to the court approval.2. If approved, The RTC which has
jurisdiction over the place shall
have full control of the probationer.
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Who is a volunteer probation aide?
- he/she is a civilian of good reputeand integrity, at least 18 years of age,
appointed by the Probation
Administration to assists the Pos ininvestigation and supervision. A VPA is
not entitled to salary but is given a
reasonable travel allowance.
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Termination of Probation:after the probationer has
satisfactorily completed the probation
period, the Probation Officer shall
submit termination report to the courtcontaining the ff:
a. condition of probation
b. program of supervision andresponse to treatment
c. recommendation
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Two ways of terminating probation:
1. After period of probation with satisfactorycompliance with conditions of
probation.
2. Other ways of terminating probation
a. termination before the expiration of
the period (served at least 1/3 of the
imposed period but not less than 6
months)b. termination by pardon of the
probationer (either absolute or
conditional)
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c. Deportation of the probationerwhenan alien on probation is deported,probation will necessary beterminated.
d. Death of probationer.
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Rights Restored after Termination of
Probationa.All civil rights suspended when the
offended was convicted and sentenced
are restored after the termination ofprobation
b. liability to pay a fine is also discharged
IN CASE OF SUBSIDIARYIMPRISONMENT
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How Can Probation help in the
Prevention of Crime?- when in the community, he is helped
and given opportunities to be productive
and responsible instead of going toprison
- hopefully, these situations restrain the
probationer from committing crime
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How can Community help in the
Success of Probation?1. community accepting the probationers,
giving them a feeling of belongingness2. community agencies and schools are
being opened for the training andtreatment of probationers
3. community leaders and laymanallowing the participation of
probationers in developmentalprograms
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4. religious organizations giving the
probationers spiritual advice andextending their social action programsto probationers
5. various organizations providing
temporary housing for probationers6. the community playing an equallyimportant role after the termination ofprobation, it should be ready for the
reintegration of the individual intocommunity life.
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4. Probation is handled by the ProbationAdministration while parole is
administered by the Parole Board5. Probation is enjoyed only once while parole
may be granted more than once,depending on good behavior duringimprisonment.
6. Probation is more beneficent because itrestores full civil rights to the probationerupon termination unlike parole.
7. Probation is essentially a judicial function
(under the control of the court) whileparole is an executive function (under theParole Board).
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Notes to remember:
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P.D. 1257participation of the prosecutor in
the determination of the application forprobation
P.D. 76the period of punishment which is
probationable is extended from 6 years and 1
day.P.D. 1990the period of punishment which is
probationable is lowered again from 6 years
and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987)
renamed the Probation Administration into
Parole and probation Administration
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NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege
NATURE OF POST SENTENCE INVESTIGATION
- It is recommendatory in nature and address to
the sound discretion of the trial court
EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denyingprobation SHALL NOT BE APPEALABLE.
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Probationera person placed on probation
Absconding probationera person whose
probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts areunknown for a reasonable period of time.
Probation officerone who investigates for
the court a referral for probation or one who
supervises a probationer or both.
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Petitioneran accused or defendant whofiles a formal petition for probation
Absconding petitionera convicted
defendant whose application for probationhas been given due course by the court but
fails to report to the probation office or
cannot be located within a reasonable period
of time.
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Parolerefer to the conditional release of an
offender from a penal institution after he hasserved the minimum period of his prisonsentence.
Parolee - refer to a person who is released onparole
Pardoneerefer to a person who is released onconditional pardon
Clientrefer to a pardonee/parolee who isplace on supervision
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Boardrefers to the Board of Pardons
and parole
Administrationrefer to the Parole
and Probation Administration
Directorrefer to the Director of theBuCor
Administratorrefer to the
administrator of Parole andProbation Administration
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History of Parole system in the
Philippines:- it came into existence by the passage of
Act 4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence
Law, which took effect on Dec. 5, 1933.
Board of Pardons and Parole
administers the Parole system of thecountry.
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Pre-Parole Investigation:
The Administration has beenauthorized by the Board to conduct pre-parole
investigation of deserving city, provincial and
national prisoner confined in the city and
provincial jails, the national penitentiary andpenal colonies, whenever their best interests
and that of justice will be served thereby, and to
submit reports of said investigation at least 60
days before the expiration of the minimumsentences of the prisoners concerned.
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b. he has served the minimum period
of said sentence less the GoodConduct Time Allowances (GCTA)
earned.
c. There is a reasonable probabilitythat if released, he will be law-
abiding; and that
d. His release will not beincompatible with the interests and
welfare of society.
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PRISONERS DISQUALIFIED FOR PAROLE:
1. those persons convicted of offenses
punished with reclusion perpetua;
2. those convicted of treason, conspiracy
or proposal to commit treason;3. those convicted of misprision of
treason, rebellion, sedition or
espionage;
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4. those convicted of piracy;
5. thosewho are habitual delinquents;6. those who escaped from confinement
or those who evaded sentence;
7. those who were granted conditionalpardon and violated any of the terms
thereof;
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8. those whose maximum term of
imprisonment does not exceed 1 year orare with a definite sentence;
9. those suffering from any mental disorderas certified by a psychiatric report of the
bureau of correction or national center formental health;10. those whose conviction is on appeal;11. those who have pending criminal case for
an offense committed while servingsentence.
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COMPOSITION OF THE BOARDS OF PARDONAND PAROLE
Chairman - Secretary of the DOJEx-Officio- Probation Administrator of the
Parole and Probation AdministrationMembers:
a. Sociologistb. Clergyman/Educatorc. Psychiatrist
d. Person qualified for the work bytraining/experience and a
member of the Philippine BAR.
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Pardon
an act of executive clemency, by ahead of a state for the purpose of
exempting an individual from the
punishment imposes upon him by a courtof law.
- It is an act of grace and the
recipient is not entitled to it as a matter ofright.
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Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is
granted by the Chief Executive withoutany conditions attached. Absolute
pardon serves to wipe away the guilt of
a pardonee, and makes him innocent
as if he has not committed any crime.
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2) Conditional Pardon
It is conditional when it is
granted by the Chief Executive subject
to the conditions imposed on the
recipient and accepted by him. Usually,the person granted with conditional
pardon has served a portion (at least
of the minimum of his indeterminatesentence) of his sentence in prison
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Limitations of the Pardoning Power of the
PresidentThe following are the limitations of the pardoning power ofthe President:
1) it may not be exercised for offenses inimpeachment cases;
2) it may be exercised only after conviction by finaljudgment;
3) it may not be exercised over civil contempt (asfor refusing to answer a proper question as awitness in a case);
4) in case of violation of election law or rules andregulations, no pardon, parole, orsuspension of sentence maybe granted;
5) cannot be exercised to violation of tax laws.
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OTHER FORMS OF EXECUTIVE CLEMENCY
1) AmnestyIs a general pardon extended to agroup of persons generally exercised by the ChiefExecutive with the concurrence of congress.
It is an act of sovereign powergranting oblivion or general pardon for pastoffense and rarely, if ever, exercised in favor ofsingle individual is usually exerted in behalf ofcertain classes of person who are subjected to
trial but not have been convicted.Note: Amnesty can be availed of before,during and after the trial of the case, even afterconviction.
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Differences between Amnesty and Pardon
As to the number of those who can avail:
Pardon includes any crime and is
exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to agroup of prisoners, generally political prisoners.As to the Time to Avail:
Pardon is exercised when the person isalready convicted, while amnesty maybe given
before trial or investigation is done.
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As to the Consent of Congress:
Pardon is granted by the ChiefExecutive and such as private act, which
must plead and proved by the person
pardoned because the court takes nochoice thereof. While amnesty is by
proclamation with concurrence of
congress, and it is a public act, which the
court should take judicial notice.
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As to the Effect:
Pardon is an act of forgiveness, i.e. itrelieves the offender from the consequences ofthe offense, while amnesty is an act offorgetfulness. i.e. it puts into oblivion the offenseof which one is charged so that the person as if
he had never committed the offense.
As to the Crime committed:Pardon is granted for infractions of
the peace of the State while amnesty, for crimesagainst sovereignty of the state (ex. politicaloffense)
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2) Commutation of Sentence
It is a change of the decision of thecourt made by the Chief Executive by
reducing the degree of the penalty
inflicted upon the convict, or bydecreasing the length of the
imprisonment of the original sentence.
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Specific cases where commutation is provided for bythe code:
1. When the convict sentenced to death is over 70 yearsof age;
2. When ten justices of the Supreme Court failed toreach a decision for the affirmation of the death penalty;
In other cases, the degree of the penalty isreduced from death to reclusion perpetua.
In Commutation of Sentence consentof theoffender is not necessary. The public welfare, not hisconsent, determines what shall be done.
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3. Reprievethe temporary stay of the
execution of sentence (applicable onlyto death sentence)
GCTAis a privilege granted to a prisoner that
shall entitle him to a deduction of his term
of imprisonment. Under Art.97, RPC, the
GCTA are:1. 5 days per month during the first 2 years of
imprisonment
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2. 8 days per month during the 3rdto
5thyears of imprisonment3. 10 days during the following years
until the 10thyears of imprisonment
4. 15 days during the 11thandsuccessive years
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Special Time Allowance for Loyalty (Art.
158, RPC)-A deduction of 1/5 of the period of the
sentence of any prisoner who evaded the
service of sentence on the occasion of
disorders due to conflagrations, earthquakes,or other calamities shall be granted if he
returns to authorities within 48 hours after the
president declared that the calamity is over.
- Once granted hall not be revoked.
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