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.

The Probation Law of 1976 shall apply to ALL OFFENDERS.

A parole case shall be eligible for review by the Board of Pardons and Parole (Board) if the prisoner: i.

Eligible Offenders

ii.

1. Existence of EXTRAORDINARY CIRCUMSTANCES.i 2. Presence of OTHER CIRCUMSTANCES.ii is confined in prison or jail to For Conditional Pardon: Prisoner serve an indeterminate should have served at least one-half sentence, the maximum period (1/2) of the maximum of the original of which exceeds one (1) year, indeterminate and/or definite prison pursuant to a final judgment of term. conviction, which has become For Absolute Pardon: Prisoner should final and executory; and have served his maximum sentence or granted final release and discharge or has served the minimum period court termination or probation. of said sentence (See Rule 2.1, ibid).

Disqualified Offenders

(1) those sentenced to serve a maximum term of imprisonment of more than six (6) years; (2) those convicted of subversion or any crime against national security or the public order; (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; (4) those who have been once on probation under the provisions of PD No. 968, as amended; (5) those serving sentence when the Probation Law took effect; (6) those whose conviction is on appeal;

(1) those convicted of an offense punished with the death penalty, reclusion perpetua or life imprisonment; (2) those convicted of treason, conspiracy or proposal to commit treason or espionage; (3) those convicted of misprision of treason, rebellion, sedition or coup detat; (4) those convicted of piracy or mutiny on the high seas or Philippine waters; (5) those who are habitual delinquents, i.e. those, 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, robbery, theft, estafa, and falsification, 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; (2) those who violated the conditions of their conditional pardon; (3) those who are habitual delinquents or recidivists; (4) those convicted of kidnapping for ransom; (5) those convicted of violation of RA No. 6425 (Dangerous Drugs Act of 1972), RA No. 9165 (Comprehensive Dangerous Drugs Act of 2002), and other drug related offenses except those convicted only of use and/or possession of prohibited or regulated drugs; (6) those convicted of offenses committed under the influence of

How Initiated and Where Filed

(7) those convicted of violation of any of said crimes a third time drugs; Election Code; or oftener; (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; and confinement or evaded safety or would constitute a those convicted of violation of sentence; danger to society; 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. the President of the Philippines shall have violated any of the terms thereof; (8) those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence; (9) those suffering from any mental disorder as certified by a government psychiatrist / psychologist; (10) those whose conviction is on appeal or has not yet become final and executory; (11) those who have pending criminal case/s; (12) those national prisoners serving sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoners control. Board may consider cases for An application for probation shall Board may review a parole case pardon upon (1) petition, or (2) be filed with the Trial Court which (a) motu propio, or (b) upon referral by the Office of the has jurisdiction over the case petition filed by, or on behalf of, a President, or (3) motu proprio (See (Section 4, PD No. 968). prisoner (See Rule 2.3., ibid.). Section 2, Amended Guidelines for Recommending Executive Clemency).

The filing of the application shall be deemed a waiver of the right to appeal (Section 4, PD No. 968). Appeal and probation are mutually exclusive remedies (Francisco v. Court of Appeals, G.R. No. 108747, April 6, 1995). An accused, who originally is not qualified for probation because the penalty imposed on him by a court a quo exceeds six (6) years, should not be denied that benefit of probation if on appeal the sentence is ultimately reduced to within the prescribed limit (Colinares v. People, G.R. No. 182748, December 13, 2011).

The convict could not avail for himself of parole if his conviction is on appeal, or has not yet become final and executory.

Effect of Appeal or Pendency of Appeal

Any application therefor, if one is made, should not be acted upon or the process toward its grant should not be begun unless the appeal is withdrawn. Accordingly, 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. x x x. The acceptance of the pardon shall not operate as an abandonment or waiver of the appeal, and the release of an accused by virtue of a pardon, commutation of sentence, or parole before the withdrawal of an appeal shall render those responsible therefor administratively liable (People v. Rocha, G.R. No. 173797, August 31, 2007).

Effect of Violation of Conditions

Trial Court issues a warrant for the arrest of the erring probationer. Probationer is brought before the Trial Court for a summary hearing where he may be admitted to bail pending such hearing. If serious violation is established during the hearing, Trial Court may order (1) continuance of the probationers probation; (2) modification of his probation conditions; or (3) revocation of probation.

The Board shall recommend to the The parolee, who violates the President the Pardonees arrest or conditions of his parole, 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). period of his sentence (See If the pardonee violates any of the People v. Abesamis , G.R. No. conditions of his pardon, he will be 140985, August 28, 2007). prosecuted criminally as a pardon violator. Upon conviction, the accused will be sentenced to serve an imprisonment of prison correccional (minimum term). However, if the penalty remitted by the granting of such pardon be

higher than six (6) years, the pardonee will be made to serve the unexpired portion of his original sentence (Art. 159, RPC). 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. Director of Prisons, 20 SCRA 1123). Probation affects only the criminal aspect of the case. The suspension of the sentence imposed on the accused who is granted probation HAS NO BEARING CIVIL ON HIS CIVIL LIABILITY. x x x. Accused-appellants 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, G.R. No. 140985, (Budlong v. Apalisok, 122 August 28, 2007). SCRA 935). The criminal action is separate and distinct from the administrative case. x x x. Hence, probation affects only the criminal aspect of the case, not its administrative dimension (Samalio v. Court of Appeals , 454 SCRA 462). 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. Since the Constitution did not make a distinction between criminal and administrative penalties, the Court considered clemency for administrative penalties as included in clemency for serious criminal penalties.

Effect on Civil Liability and Administrative Liability

1. It removes penalties and disabilities and restores him to his full civil and political rights; and

Effect on Accessory Penalties

application for probation is given due course (Baclayan v. Mutia, 129 SCRA 148). During the period of probation, 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. Commission on Elections, 498 SCRA 547).

expressly remitted therein shall subsist (See Rule 3.18. 2006 Rules on Parole)

2. It DOES NOT RESTORE OFFICES, PROPERTY, OR RIGHTS VESTED IN OTHERS in consequence of the convictions. 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.

Extraordinary Circumstances. 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; (ii) under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed (RECOMMENDED FOR DELETION); (iii) evidence which the court failed to consider, before conviction, 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); (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); (vi) Prisoners who suffer from serious and life-threatening illness/disease or severe physical disability such as those who are totally blind, paralyzed, bedridden, et c., 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; (vii) Alien prisoners where diplomatic considerations and amity among nations necessitate review; (viii) Such other similar or analogous circumstances whenever the interest of justice will be served thereby (See Section 3, ibid.).

ii

(1) when he is suffering from (a) severe physical disability as when he is a deaf-mute, a leper, a cripple, or is partially blind, etc., or (b) serious illness, 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; (2) such other circumstances whenever the interest of justice will be served thereby.