facts on proabtion and parole

PAROLE AND PROBATION

ADMINISTRATION

FACTS ON PROBATION

DISTINCT PHASES OF PROBATION

1. Selection of offenders for probation

This phase is known as the post-sentence investigation ofCourt referrals. This covers the period after conviction but before the grant of probation.

2. Supervision and Treatment of Selected Offenders

This phase covers the period following the grant of probationbut before termination of the case thru successful completionof the probation period or revocation and commitment to ajail or prison.

InvestigationTo provide the court with relevant information and judicious recommendations for the selection of offenders to be placed on probation.

What is Probation?

By probation, a person who is convicted of a criminal offenseis not sent to prison by the sentencing court. Instead, he/sheis released and place under the supervision of a probationofficer subject to the conditions which the court may impose.

Is Probation a right?

No, it is mere privilege.

Who cannot be granted Probation? Those:

sentenced to serve a prison term of more than six (6) years;

convicted of any crime against the national security orthe public order;

previously convicted of an offense which is punishedby imprisonment of more than 30 days and/or a fineof Php 200.00 or more;

who have once been placed on probation under this law;

already serving sentence;

Who cannot be granted Probation? Those:

sentenced to a probationable penalty but appealed the same;

convicted of an offense against the Omnibus ElectionCode and Wage Rationalization Act; and

convicted of illicit trafficking or pushing of Dangerous Act.

Will Probation be automatically granted to oneWhose sentence is six (6) years or less?

No, the application may be denied by the court if:

after determination, he/she is in need of rehabilitationwhich could be provided by prison/jail;

risk that the offender will likely commit another crime; and

depreciate the seriousness of the crime committed.

Where shall an application for Probation be filed?

The application shall be filed with the court that tried and sentenced the offender.

When should an application for Probation be filed?Anytime before the offender starts serving his sentencebut within fifteen (15) days from the promulgation ornotice of the judgment of conviction.

May an offender be released from confinement whilehis application for Probation is pending?

Yes, the applicant may be released under the bail he postedin the criminal case, or under recognizance.

How many times can one be granted Probation?

Only once.

How long is the period of Probation?

Not more than two (2) years if the sentence of the offenderis one (1) year or less; and not more than six (6) years if thesentence is more than one (1) year.

SupervisionTo effect the rehabilitation and reintegration of the probationers as productive, law-abiding and socially responsible members of the community.

Conditions of Probation

Mandatory

What will happen if a probationer violates the conditions of Probation?

The court may modify the conditions of probation or revokethe same. If the violation is serious, the court may order the probationer to serve his prison sentence. The probationer mayalso be arrested and criminally prosecuted if the violationis a criminal offense.

Discretionary

REHABILITATION PROGRAM

It is an individualized community-based threepronged approach tocrime prevention andtreatment of offenderswith Restorative Justiceas its philosophicalfoundation, TherapeuticCommunity as the treatmentmodality, and Volunteers as lead community resource.

TherapeuticCommunity Ladderized Program Manual

LAUNCHING

Volunteer ProbationAide Manual

Restorative JusticeHandbook

TherapeuticCommunity Ladderized Program Manual

Volunteer ProbationAide Manual

Restorative JusticeHandbook

Year Investigation

Supervision

2009 9,624 34,0502010 7,034 29,5232011 8,634 30,3852012 8,810 29,7682013 9,187 29,236

Average 8,658 30,592

Total Probation Caseload Handled

(2009-2013)

Total Probation Caseload Handled = Carry-Over + New Referrals Received

Year Investigation Supervision2009 9,045 9,3932010 6,453 6,7852011 8,208 8,4212012 8,202 7,6962013 8,620 8,583Total 40,528 40,878

Total New Referrals Received(2009-2013)

Year Granted Denied2009 5,296 4902010 6,183 6072011 7,222 7692012 6,294 5632013 7,632 667Total 32,627 3,096

Court Disposition on Probation Applications(2009-2013)

Year OngoingSupervisio

n(%)

Terminated

(%)

Revoked(%)

2009 86.37 12.70 0.93

2010 82.67 16.04 1.29

2011 78.19 20.01 1.80

2012 80.11 18.24 1.65

2013 76.95 21.18 1.87

Average

80.86 17.63 1.51

PROBATION SUPERVISION STATUS

(2009-2013)

DISTRIBUTION OF PROBATIONERS BY GENDER(2013)

Gender Number

Male 26,208

Female 3,028

Total 29,236

DISTRIBUTION OF PROBATIONERS BY AGE LEVEL

(2013)Age Level Number

Below-20 85

21-30 12,009

31-40 9,431

41-50 5,427

51-60 1,877

61-Above 407

Total 29,236

DISTRIBUTION OF PROBATIONERS BY EDUCATIONAL ATTAINMENT

(2013)Educational Attainment Number

No formal schooling 452

Elementary undergraduate

7,796

Elementary graduate 3,599

High School undergraduate

6,408

High School graduate 4,281

College undergraduate 3,678

Collage graduate 2,128

Vocational 894

Total 29,236

Group I – Officials of Government and Special Interest Organizations, Corporate Executives, Managers, Managing Proprietors and Supervisors

Group II – Professionals Group III – Technicians and Associate Professionals Group IV – Clerks

Group V – Service Workers and Shop and Market Sales Workers

Group VI – Farmers, Forestry Workers and Fishermen

Group VII – Trades and Related Workers

Group VIII – Plant and Machine Operators and Assemblers

Group IX – Laborers and Unskilled Workers

Group X – Special Occupations

Group XI – Unemployed

DISTRIBUTION OF PROBATIONERS BY OCCUPATION

DISTRIBUTION OF PROBATIONERS BY OCCUPATION

(2013)Occupation Groups Number

I 0

II 168

III 67

IV 299

V 4,782

VI 4,817

VII 3,621

VII 3,963

IX 2,832

X 4,522

XI 4,165

Total 29,236

DISTRIBUTION OF PROBATIONERSBY FAMILY ECONOMIC STATUS

(2013)

Family Economic Status

Number

More than Adequate 700

Adequate 5,460

Inadequate 18,796

Below Poverty Level 4,280

Total 29,236

More than Adequate – the family income is more than sufficient for the basic requirements of its members

Adequate- the family income is equal to the basic requirements of the family

Inadequate – the family income is above the poverty level but insufficient for the family’s basic needs, considering the social standing of its members

Below Poverty Level – monthly family income below Php 6,274.00 for a family of five

DISTRIBUTION OF PROBATIONERSBY AVERAGE MONTHLY INCOME

(2013)

Average Monthly Income

Number

Below – 2,000 6,081

2,001-5,000 10,437

5,001-10,000 8,946

10,001-20,000 2,924

20,001-above 149

No Income 699

Total 29,236

DISTRIBUTION OF PROBATIONERS BY CRIMES COMMITTED

(2013)Crimes Number

Against Public Interest 342

Relative to Opium and Other Prohibited Drugs

8,976

Against Person 6,468

Against Property 5,538

Against Chastity 1,523

Against Security 690

Against Honor 538

Against Special Laws 4,937

Against Public Officer 67

Against Ordinance 28

Against Public Morals 22

Against Multiple Crime 107

Total 29,236

Year Estimated Savings(Php)

2009 621,412,500

2010 538,794,750

2011 554,526,250

2012 543,266,000

2013 533,557,000

Total 2,791,556,500

GOVERNMENT SAVINGS THROUGH PROBATION

(2013)

BENEFITS AND ADVANTAGES

Probation Assists The GovernmentIt reduces the population of prisons and jails.

It saves the government a total of Php 2.8 Billionin terms of prisoners maintenance in jails and prisonsall over the country.

It cuts enormous expense in maintaining jails.

It reduces recidivism and overcrowding in jails and prisons.

It reduces the burden on the police forces andinstitutions of feeding and guarding detainees.


Probation Assists The GovernmentIt makes the offenders taxpayers instead of taxeaters.

It lessens the clogging of courts.

It lightens the load of prosecutors.

It adheres to the concept of Restorative Justice. Thus,a total of Php 137.923 Million has been paid to clients’victim and/or their heirs.


Probation Protects Society From the excessive costs of detention.From the high rate of recidivism of detained offenders.

Probation Protects The VictimIt provides restitution.It preserves justice.


Probation Protects The FamilyIt does not deprive the wife and children of husband and father.

It maintains the unity of the home.

Probation Helps The OffenderIt maintains his earning power.

It provides rehabilitation in the community.

It restores his dignity.


Probation Justifies The Philosophy of Men

That life is sacred

That all men deserve a second timeThat an individual can change

That society has a moral obligation to lift the fallen

FACTS ON PAROLE/EXECUTIVE CLEMENCY

Pursuant to Act No. 4103, otherwise known as “The IndeterminateSentence Law,” as amended

Purpose of the Law

To uplift and redeem valuable human material to economic usefulness; and

RULES ON PAROLE

To prevent unnecessary and excessive deprivation of personalhistory.

Under Section 5 of said Act, it is the duty of the Board of Pardonsand Parole to look into the physical, mental and moral recordof prisoners who are eligible for parole and to determine the proper time of release of such prisoners on parole.


Eligibility for Review of a Parole Case

An inmate may be eligible for review by the Board provided: The Inmate

RULES ON PAROLE

is serving an indeterminate sentence the maximum period ofwhich exceeds one (1) year;

has served the minimum period of the indeterminate sentence;


Eligibility for Review of a Parole Case

An inmate may be eligible for review by the Board provided: The Inmate

RULES ON PAROLE

conviction is final and executory;

has no pending criminal case; and

is serving sentence in the national penitentiary, unless the confinement of said inmate in a local and provincial jail isjustified.


Disqualifications for Parole

RULES ON PAROLE

Convicted of treason, conspiracy or proposal to commit treasonor espionage;

Convicted of misprision of treason, rebellion, sedition orcoup d ‘etat;

Convicted of piracy or mutiny on the high seas or Philippine waters;

Punished with death penalty or life imprisonment;



RULES ON PAROLE

who escaped from confinement or evaded sentence;

granted conditional pardon by the President of the Philippinesshall have violated any of the terms thereof;

who are habitual delinquents;



RULES ON PAROLE

convicted of offenses punished with reclusion perpetua, or whosesentences were reduced to reclusion perpetua by reason of Republic Act No. 9346 amending Republic Act No.7659; and

convicted for violation of the laws on terrorism, plunder andtransnational crimes.

whose maximum term of imprisonment does not exceed one (1)year or those with definite sentence;


Factors to be Considered in Review of Parole Cases

RULES ON PAROLE

Previous criminal record and the risk to other persons;

Gravity of the offense and the manner in which it was committed,and prisoner’s attitude towards the offense and degree of remorse;

Degree of prisoner’s institutional rehabilitation and his behavioror conduct;


Factors to be Considered in Review of Parole Cases

RULES ON PAROLE

Age of the prisoner and the availability of after-care servicesfor the prisoner who is old, seriously ill or suffering from a Physical disability.

Evidence that the prisoner will be legitimately employed uponrelease, or has a place where he will reside; and


Grant of Parole

RULES ON PAROLE

Reasonable probability that, if released, he will live andremain at liberty without violating the law; and

Fitted by his training for release

If it finds the following circumstances are present:

Will not be incompatible with the welfare of society.

What is Commutation of Sentence?

It is the reduction of the period of prison sentence. A substitutionof a less penalty for the one originally imposed.

RULES ON EXECUTIVE CLEMENCY

What is Pardon?

It is an act of mercy or grace by the President granted to a convictedlawbreaker which reaches both the punishment for the offense andthe guilt of the offender.

What are the kinds of Pardon?

Absolute pardon – total extinction


What is a Presidential Reprieve?

Withholding of the execution of a sentence for an interval of time.

Conditional Pardon – partial extinction

Basis of the power of the Chief Executive

Section 19, Article VII of the Philippine Constitution


Basis of the Board of Pardons and Parole power inrecommending to the President the grant of Executive Clemency

Executive Order No. 83, dated January 11, 1937

“Except in case of impeachment or otherwise required providedtherein, the President may grant reprieves, commutations,and pardons and remit fines and forfeitures, after convictionby final judgment.”

Qualifications for Commutation of Sentence

Served at least one-third (1/3) of the definite or aggregateprison term


Served at least one-half (1/2) of the maximum of the originalIndeterminate and/or definite prison term

Served at least one-half of the minimum of the indeterminateprison term or aggregated of the minimum of the indeterminate

Qualifications for Conditional Pardon

Qualifications for Absolute Pardon

Served his/her maximum sentence


Granted final release and discharge

Granted court termination of probation

Year Investigation

Supervision

2009 1,140 18,1642010 1,207 14,4032011 4,621 14,2132012 2,115 14,3372013 3,979 14,166

Average 2,612 15,057

Total Parole/Pardon Caseload Handled

(2009-2013)

Total Probation Caseload Handled = Carry-Over + New Referrals Received

Year Investigation Supervision2009 1,073 5,6552010 1,144 2,8022011 4,601 2,5512012 1,766 2,4092013 3,204 2,188Total 11,788 15,605

Total New Referrals ReceivedParole/Pardon(2009-2013)

Year OngoingSupervisio

n(%)

Final Release

and Discharge

(%)

Recommitment(%)

2009 93.20 6.01 0.79

2010 88.95 9.50 1.55

2011 87.01 11.27 1.72

2012 89.38 9.11 1.51

2013 92.62 6.15 1.23

Average

90.23 8.41 1.36

PAROLE/PARDON SUPERVISION STATUS

(2009-2013)

facts on proabtion and parole

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