JAIL OPERATIONS 6: PROBATION, PAROLE, PARDON AND COMMUTATION OF SENTENCE FIRST SEMESTER, AY 2013-2014 (BSPS Class 2014) COMPARATIVE TABLE OF NON-INSTITUTIONAL CORRECTIONS PROBATION A disposition under which a defendant, after conviction and sentence, is released subject to the conditions imposed by the court and to the supervision of a probation officer (Section 3[a], PD 968; Section 4, Rule 1, PPA Omnibus Rules and Probation Methods and Procedures). 1. To promote the correction and rehabilitation of an offender by providing him with individualized treatment under the guidance of a trained probation officer; 2. To promote an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and 3. To prevent the commission of another offense. PAROLE The conditional release of an offender from a correctional institution after he serves the minimum term of his prison sentence (People v. Abesamis, G.R. No. 140985, August 28, 2007) under the continued custody of the State and under conditions that permit his reincarceration if he violates a condition for his release. PARDON An act of grace proceeding from the power entrusted with the execution of the laws (President) which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed (De Leon v. Director of Prisons, 31 Phil 60). Definition Purpose/s 1. To uplift and redeem valuable 1. To afford a remedy, it has always human material to economic been thought essential in popular usefulness; and governments to vest, in some 2. To prevent unnecessary and authority other than the courts, the excessive deprivation of personal power to ameliorate or avoid liberty (Rule 1.1 of the 2006 particular judgments. Rules on Parole). 2. A person already serving sentence by virtue of a final judgment may be extended a pardon if it is subsequently discovered that he is innocent. 3. The exercise of the pardoning power is discretionary in the President and may not be controlled by the legislature or reversed by the courts, save only when it contravenes the limitations discussed below. (2) those convicted of subversion or any crime against national security or the public order. (4) those who have been once on probation under the provisions of PD No. robbery. (1) those convicted of an offense punished with the death penalty.The Probation Law of 1976 shall apply to ALL OFFENDERS. 9165 (Comprehensive Dangerous Drugs Act of 2002). ibid). whose within a period of ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries. (3) those who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos. Disqualified Offenders (1) those sentenced to serve a maximum term of imprisonment of more than six (6) years. rebellion. estafa. which has become For Absolute Pardon: Prisoner should final and executory. (2) those convicted of treason. as amended. (4) those convicted of piracy or mutiny on the high seas or Philippine waters.e. (3) those convicted of misprision of treason. (2) those who violated the conditions of their conditional pardon.i 2. reclusion perpetua or life imprisonment. 6425 (Dangerous Drugs Act of 1972). (5) those convicted of violation of RA No. of said sentence (See Rule 2. (6) those convicted of offenses committed under the influence of . theft. and have served his maximum sentence or granted final release and discharge or has served the minimum period court termination or probation. i. Eligible Offenders ii. conviction. 968.1. (5) those who are habitual delinquents. conspiracy or proposal to commit treason or espionage. (4) those convicted of kidnapping for ransom. and other drug related offenses except those convicted only of use and/or possession of prohibited or regulated drugs. are found guilty of Board shall not favorably recommend petitions for pardon of the following prisoners: (1) those convicted of evasion of service of sentence. those. A parole case shall be eligible for review by the Board of Pardons and Parole (Board) if the prisoner: i. sedition or coup d’etat. (3) those who are habitual delinquents or recidivists. 1. Presence of OTHER CIRCUMSTANCES. Existence of EXTRAORDINARY CIRCUMSTANCES. and falsification.ii is confined in prison or jail to For Conditional Pardon: Prisoner serve an indeterminate should have served at least one-half sentence. RA No. (6) those whose conviction is on appeal. the maximum period (1/2) of the maximum of the original of which exceeds one (1) year. (5) those serving sentence when the Probation Law took effect. indeterminate and/or definite prison pursuant to a final judgment of term. (9) those suffering from any mental disorder as certified by a government psychiatrist / psychologist..). PD No. the President of the Philippines shall have violated any of the terms thereof. Section 2. or (b) upon referral by the Office of the has jurisdiction over the case petition filed by. Amended Guidelines for Recommending Executive Clemency).How Initiated and Where Filed (7) those convicted of violation of any of said crimes a third time drugs. prisoner (See Rule 2. (10) those whose conviction is on appeal or has not yet become final and executory. a President. or oftener. Election Code. and confinement or evaded safety or would constitute a those convicted of violation of sentence. . (8) those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence. district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoners’ control. or (2) be filed with the Trial Court which (a) motu propio. danger to society. Board may consider cases for An application for probation shall Board may review a parole case pardon upon (1) petition. or on behalf of. or (3) motu proprio (See (Section 4. ibid. and Section 24 of the (7) those who having been (8) those suffering from dementia or Comprehensive Dangerous granted conditional pardon by insanity. Drugs Act of 2002. 968).3. (7) those whose release from prison (8) those convicted of violation of (6) those who escaped from would pose a threat to the public Wage Rationalization Act. (12) those national prisoners serving sentence in a municipal. city. (11) those who have pending criminal case/s. 2007). shall be recommitment after determination rearrested and recommitted or that he violated conditions of his returned to prison to serve the conditional pardon (See Section unexpired portion of the maximum 26). No. Court of Appeals. Appeal and probation are mutually exclusive remedies (Francisco v. Accordingly. G. who originally is not qualified for probation because the penalty imposed on him by a court a quo exceeds six (6) years. period of his sentence (See • If the pardonee violates any of the People v. 968). The acceptance of the pardon shall not operate as an abandonment or waiver of the appeal. or parole before the withdrawal of an appeal shall render those responsible therefor administratively liable (People v. 1995). No. PD No. who violates the President the Pardonee’s arrest or conditions of his parole. Rocha. x x x. should not be acted upon or the process toward its grant should not be begun unless the appeal is withdrawn. An accused. Effect of Appeal or Pendency of Appeal Any application therefor. and the release of an accused by virtue of a pardon. G. 108747. December 13. the accused will be sentenced to serve an imprisonment of prison correccional (minimum term). G. April 6. if the penalty remitted by the granting of such pardon be . G. the agencies or instrumentalities of the Government concerned must required proof from the accused that he has not appealed from his conviction or that he has withdrawn his appeal. prosecuted criminally as a pardon violator. The convict could not avail for himself of parole if his conviction is on appeal. People. • The Board shall recommend to the The parolee. August 31. 2011). However. Trial Court may order (1) continuance of the probationer’s probation. or (3) revocation of probation. • If serious violation is established during the hearing. 2007). Abesamis . if one is made. No.R. No. conditions of his pardon. 173797. August 28. should not be denied that benefit of probation if on appeal the sentence is ultimately reduced to within the prescribed limit (Colinares v. Upon conviction. (2) modification of his probation conditions. Effect of Violation of Conditions • Trial Court issues a warrant for the arrest of the erring probationer.R. 182748.R. • Probationer is brought before the Trial Court for a summary hearing where he may be admitted to bail pending such hearing. or has not yet become final and executory. he will be 140985.R.The filing of the application shall be deemed a waiver of the right to appeal (Section 4. commutation of sentence. SCRA 935). 2007). RPC). 122 August 28. the Court considered clemency for administrative penalties as included in clemency for serious criminal penalties. • Accused-appellant’s The civil action for the civil LIABILITY SUBSISTS despite liability is separate and distinct his release on parole (People v. from the criminal action Abesamis. (Budlong v. • Probation affects only the criminal aspect of the case. x x x. Effect on Civil Liability and Administrative Liability • • 1. the pardonee will be made to serve the unexpired portion of his original sentence (Art. The suspension of the sentence imposed on the accused who is granted probation HAS NO BEARING CIVIL ON HIS CIVIL LIABILITY. 454 SCRA 462). Hence. not its administrative dimension (Samalio v. probation affects only the criminal aspect of the case. Director of Prisons. Apalisok. Accessory penalties deemed suspended are • The accessory penalties of the once law which have not been • It DOES NOT DISCHARGE THE CIVIL LIABIILITY of the convict to the individual he has wronged. G. The criminal action is separate and distinct from the administrative case. • Since the Constitution did not make a distinction between criminal and administrative penalties. 20 SCRA 1123). • Criminal and administrative remedies are not mutually exclusive and may be successively availed of by the President for the punishment of the violator of the conditional pardon (Culanag v. No. and .higher than six (6) years.R. Court of Appeals . 159. It removes penalties and disabilities and restores him to his full civil and political rights. 140985. x x x. It DOES NOT RESTORE OFFICES. A pardon SHALL NOT WORK THE RESTORATION OF THE RIGHT TO HOLD PUBLIC OFFICES OR THE RIGHT TO SUFFRAGE UNLESS SUCH RIGHT BE EXPRESSLY RESTORED BY THE TERMS OF THE PARDON. 498 SCRA 547). Mutia. During the period of probation. Commission on Elections. expressly remitted therein shall subsist (See Rule 3.18. the probationer is not disqualified from running for a public office because the accessory penalty is put on hold for the duration of the probation (Moreno v.Effect on Accessory Penalties • application for probation is given due course (Baclayan v. OR RIGHTS VESTED IN OTHERS in consequence of the convictions. 129 SCRA 148). . 2006 Rules on Parole) 2. PROPERTY. (vii) Alien prisoners where diplomatic considerations and amity among nations necessitate review. bedridden. (ii) under the peculiar circumstances of the case. a leper. ibid. or (b) serious illness.i Extraordinary Circumstances. (v) prisoners who are seventy (70) years old and above who have served at least five (5) years of their sentence or whose continued imprisonment is inimical to their health as recommended by a physician of the Bureau of Corrections Hospital and certified by a physician designated by the Department of Health or designated by the Malacanang Clinic Director (RECOMMENDED FOR DELETION). (viii) Such other similar or analogous circumstances whenever the interest of justice will be served thereby (See Section 3. (iii) evidence which the court failed to consider.). . paralyzed. a cripple. (2) such other circumstances whenever the interest of justice will be served thereby. which would have justified an acquittal of the accused.. (iv) prisoners who were over nine (9) years but under eighteen (18) years of age at the time of the commission of the offense (RECOMMENDED FOR DELETION).. (vi) Prisoners who suffer from serious and life-threatening illness/disease or severe physical disability such as those who are totally blind. et c. ii (1) when he is suffering from (a) severe physical disability as when he is a deaf-mute. before conviction. The grant of commutation and pardon shall be recommended by the Board to the President when the following extraordinary circumstances are present such that a strict application of the law will result in manifest injustice: (i) trial court or appellate court in its decision recommend the grant of executive clemency for the prisoner. as recommended by a physician of the Bureau of Corrections Hospital and certified by a physician designated by the Department of Health or designated by the Malacanang Clinic Director. as recommended by a physician of the Bureau of Corrections Hospital and certified by a physician designated by the Department of Health or designated by the Malacanang Clinic Director. the penalty imposed is too harsh compared to the crime committed (RECOMMENDED FOR DELETION). etc. or is partially blind.
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Report "Comparative Table of Non Institutional Corrections.doc"