UNIVERSITY OF SAINT LOUIS

Tuguegarao City

SCHOOL OF EDUCATION, ARTS and SCIENCES

Second Semester
A.Y. 2020-2021

CORRESPONDENCE LEARNING MODULE 6

CCLJ 1013 – Introduction to Philippine Criminal Justice System

Prepared by:

JOSEPH F. TAMACAY, DPA

Instructor

Recommended by:

VENUS I. GUYOS, Ph.D.

Academic Dean

Approved by:

EMMANUEL JAMES PATTAGUAN, Ph.D.

Vice President for Academics

CCLJ 1013 Introduction to Philippine Criminal Justice System | 1

 UNIVERSITY PRAYER

O God, wellspring of goodness and blessings, we give you thanks and praise as one Louisian
community. The graces You incessantly grant upon us and Your divine providence have
sustained our beloved University throughout the years of mission and excellence.

Having been founded by the Congregation of the Immaculate Heart of Mary, we pray that You keep
us committed and dedicated to our mission and identity to serve the Church and the society as we
become living witnesses to the Gospel values proclaimed by Jesus. For if we are steadfast in our
good and beautiful mission, our works will bring success not only to ourselves but also to those
whom we are bound to love and serve.

Inspired by St. Louis our Patron Saint, who was filled with a noble spirit that stirred him to love You
above all things , may we also live believing that we are born for a greater purpose and mission as
we dwell in Your presence all the days of our life.

Grant all these supplications through the intercession

of Mother Mary and through Christ our Lord. Amen.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 2

THE VISION, MISSION, EDUCATIONAL PHILOSOPHY,
AND CORE VALUES OF THE UNIVERSITY

VISION
USL is a global learning community recognized for science and technology across all disciplines, strong
research, and responsive community engagement grounded on the CICM mission and identity for a distinctive
student experience.
MISSION
USL sustains a Catholic academic community that nurtures persons for community, church and society
anchored on CICM’s Missio et Excellentia.
EDUCATIONAL PHILOSOPHY AND CORE VALUES
The University of Saint Louis upholds the philosophy that education is for building of self and persons for the
Church and the Society. Wisdom builds. To these ends, the following are University of Saint Louis’s core
values integral in the formation of every member of the Louisian community.
a. Christian Living. We are witnesses to the Gospel values as taught and lived by Christ thus making
God’s love known and experienced by all.
b. Excellence. We seek and maintain uncompromising standard of quality in teaching, learning,
service, and stewardship of school resources.
c. Professional Responsibility. We are committed to efficiently and responsibly apply the learned
principles, values and skills in the chosen field of discipline, taking initiative and command
responsibility in one’s professional advancement.
d. Social Awareness and Involvement. We engage ourselves with society by listening to the
prevailing issues and concerns in the society, thereby initiating and participating in constructive and
relevant social activities for the promotion of justice, peace and integrity of creation and for people’s
wellness and development consistent with the CICM charism.
e. Innovation, Creativity and Agility. We keep ourselves relevant and responsive to the changing
needs of our stakeholders by being flexible, solution oriented, and having cutting- edge decisions
and practices.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 3

 School of Education, Arts and Sciences
General Education Area
Curriculum 2020-2021

LEARNING MODULE 6
CCLJ 1013 - Introduction to Philippine Criminal Justice System

COURSE FACILITATOR INTRODUCTION

WELCOME TO THE NEW SCHOOL YEAR 2020-2021!

You are enrolled in Correspondence Learning Modality. I am Dr. Joseph Tamacay, your Course
Facilitator.
I am also the Program Chair for BS Criminolgy. I hope to be able to teach you well and help you with your
academic concerns. Feel free to caIl me Sir Joseph and I wish to have a meaningful encounter with you in this
course.

Stay Connected

For queries, please feel free to contact me through the following:

 Facebook account/ name: Joseph Tamacay

 E-mail : [email protected]
 Phone: +639069180448
 Online hours: 6:00-7:30 Thursdays and Fridays

Get Involved

USL expects you to do the following:

o Read and understand the content available in this module.

o Accomplish the weekly learning tasks, and other activities.
o Turn in learning tasks on time to avoid backlogs.

Remember:

Expect to do a lot of reading, understanding, analyzing and writing. Varied assessments or activities will be
given. At the outset, I am strictly warning you against plagiarism specially for prose writing type activities.
Acknowledge your source/s through citation. Plagscan is used to verify authenticity of your work. Any
plagiarized material will automatically be given zero. (This includes answers copy-pasted from the internet and
from your classmates.)

Academic Intellectual Property Rights: Materials posted on the NEO-LMS are the properties of USL
and the Course Facilitator. Students are not allowed to share it with third-party individuals without
expressed permission from the owner.

I hope you find this flexible approach helpful. Continue to learn amidst this pandemic. Stay safe and have fun
while learning.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 4

 School of Education, Arts and
Sciences Criminology Department
Curriculum 2019-2020

CORRESPONDENCE LEARNING MODULE 6

CCLJ 1013 – Introduction to Philippine Criminal Justice System
AY 2020-2021

Included in this module are the following:

1. Weekly Study and Assessment Guide

2. Worksheets to be submitted to your teacher

For two weeks, the following shall be your guide for the different lessons and tasks that you need to accomplish. Be
patient, read them carefully before proceeding to the tasks expected of you.
HAVE A FRUITFUL LEARNING EXPERIENCE!

LESSON 4: The Fourth (Correction – Non-Institutional or Community Based Correction)

Pillar or Components of the Philippine Criminal Justice System

Date Topics Activities or Tasks

April 26 - 27, Non-Institutional Correction 1. Read the Lessons
2021 or Community-Based- 2. Answer the questions provided in the
Correction Learning Task, Participation Activity
1. Origin of Probation and the Quiz.
2. Modern Probation
3. History of Probation in
the Philippines
4. Major Rehabilitation Program
of Probation
5. Presidential Decree # 968 – “The
May 3 – 4 , Probation Law of 1976”
2021 6. Republic Act # 10707- “An
Act Amending PD #968
7. Act #4103- “An Act to Provide
for the Indeterminate Sentence and
Parole xxx
8. RA # 10592- “An Act Amending
Articles 29, 94, 97, 98 and 99 of
the Revised Penal Code

CCLJ 1013 Introduction to Philippine Criminal Justice System | 5

Learning Outcomes: At the end of this topic, you are expected to:
1. familiarize with the evolution of Probation in the Philippines.
2. Understand the different provisions of the law relative to the Non-
Institutional Correction or Community-Based-Correction under the
Philippine Setting.
3. explain the importance of Probation in the Philippine Criminal
Justice System .

LEARNING CONTENT:

Introduction:

Probation denotes the conditional release of the offender into the Community under
supervision. It is a sentence, usually not involving confienment, that imposes conditions and retains
the authority of the sentencing court to modify the conditions of sentence or to resentence the
offender if he or she violates those conditions. Often the judge imposes a prison term but then
suspends execution of it and instead places the offender on probation. Incresingly, however, judges
in some countries are using the tactics of shock incarceration or split sentences, in which a period in
prison is followed by probation.

Judges normally stipulate a set of conditions as to how the probation is to live in the
community. Depending on the offense and background characteristics, these conditions may require
that the probation obtain drug, alcohol, or mental health treatment. If the offense was a result of
domestic violence or sexual abuse an order may be given stipulating that the probation not have
contact with the victim. Restitution, community service or a fine may be ordered as part of the
punishment. These rules are in addition to the standard conditions that the client cooperate with the
Probation officer and not commit other offense. The probation who meets the conditions set by the
court may remain in the community. Violations of these terms or arrest for another offense may
cause the probation to be revoked and the prison sentence be carried out

Lesson Proper

Origin of Probation

The origin of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children for a less serious offenses. Sentences such as
branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death, many of which were minor offenses.

This harshness eventually led to discontent in certain progressive segments of English society
that were concerned with the evolution of the justice system. Slowly but resolutely, in an effort to
mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain from applying statutes or
opt for a lenient interpretation of them; stolen property could be devalued by the court so that

CCLJ 1013 Introduction to Philippine Criminal Justice System | 6

offenders could be charged with a lesser crime. Also, methods such as benefit of clergy, judicial
reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment of
harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser
sentences. Controversially, certain courts began suspending sentences.

In the United States, particularly in Massachusetts, different practices were being

developed. "Security for good behavior," also known as “good aberrance,” was much like a modern
bail: the accused paid a fee as collateral for good behavior. Filing was also practiced in cases that did
not demand an immediate sentence. Using this procedure, indictments were "laid on file" or held in
abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to quash
based upon minor technicalities or errors in the proceedings. Although these American practices were
precursors to probation, it is the early use of recognizance and suspended sentence that are directly
related to modern probation.

Modern Probation

As a young professional in England, Matthew Davenport Hill had witnessed the sentencing of
youthful offenders to one-day terms on the condition that they be returned to a parent or guardian
who would closely supervise them. When he eventually became the Recorder of Birmingham, a
judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If
offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous
guardians who willingly took charge of them. Hill had police officers pay periodic visits to these
guardians in an effort to track the offender's progress and keep a running account.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making business. It was undoubtedly his membership in
the Washington Total Abstinence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abusers of alcohol could be rehabilitated
through understanding, kindness, and sustained moral suasion, rather than through conviction and
jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later for sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in attendance,
his appearance and demeanor had dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the
offenders helped by Augustus were alcohol abusers, nor were all prospective probationers taken
CCLJ 1013 Introduction to Philippine Criminal Justice System | 7
under his wing. Close attention was paid to evaluating whether or not a candidate would likely prove
to be a successful subject for probation. The offender's character, age, and the people, places, and
things apt to influence him or her were all considered.

Augustus was subsequently credited with founding the investigations process, one of three
main concepts of modern probation, the other two being intake and supervision. Augustus, who kept
detailed notes on his activities, was also the first to apply the term "probation" to his method of
treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of
this number forfeited their bond, a remarkable accomplishment when measured against any
standard. His reformer's zeal and dogged persistence won him the opposition of certain segments of
Boston society as well as the devotion and aid of many Boston philanthropists and organizations. The
first probation statute, enacted in Massachusetts shortly after this death in 1859, was widely
attributed to his efforts.

Following the passage of that first statute, probation spread gradually throughout the United
States. The juvenile court movement contributed greatly to the development of probation as a
legally-recognized method of dealing with offenders. The first juvenile court was established in
Chicago in 1899. Formalization of the intake process is credited to the founders of the Illinois juvenile
court. Soon after, 30 states introduced probation as a part of the juvenile court procedure. Today, all
states offer both juvenile and adult probation.

History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898–
1945) with the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law
created a Probation Office under the Department of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in
the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935
law as unconstitutional. The bill was passed by the House of Representatives, but was pending in
the Senate when Martial Law was declared and Congress was abolished.
In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected group of
369 jurists, penologists, civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly endorsed the establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976,
was signed into Law by the President of the Philippines.
The startup of the probation system in 1976-1977 was a massive undertaking of which all
judges and prosecutors nationwide were trained in probation methods and procedures;
administrative and procedural manuals were developed; probation officers recruited and trained, and
CCLJ 1013 Introduction to Philippine Criminal Justice System | 8
the central agency and probation field offices organized throughout the country. Fifteen selected
probation officers were sent to United States for orientation and training in probation administration.
Upon their return, they were assigned to train the newly recruited probation officers.
The probation system started to operate on January 3, 1978. As more probation officers were
recruited and trained, more field offices were opened.

Organization
The Probation Administration was created by virtue of Presidential Decree No. 968, “The
Probation Law of 1976”, signed by then President Ferdinand E. Marcos to administer the probation
system.
Under Executive Order No. 292, “The Administrative Code of 1987” which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole and Probation
Administration” and given the added function of supervising prisoners who, after serving part of their
sentence in jails are released on parole pardon with parole conditions
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous
Drugs Board, the Administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
Mission
To rehabilitate and reintegrate persons on community-based corrections for peace and social
justice.[2]
Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted offenders
and prisoners who are under the probation or parole system. [3]
Goals
The Administration's programs sets to achieve the following goals:

 Promote the reformation of criminal offenders and reduce the incidence of recidivism, and
 Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized, community-based treatment programs.
Functions
To carry out these goals, the Agency through its network of regional and field parole and
probation offices performs the following functions:

 to administer the parole and probation system

 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders.

Major Rehabilitation Programs

 RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby stakeholders in a

specific offense resolve collectively how to deal with the aftermath of the offense and its

CCLJ 1013 Introduction to Philippine Criminal Justice System | 9

 implications for the future. It is a victim-centered response to crime that provides
opportunity for those directly affected by the crime - the victim, the offender, their families
and the community - to be directly involved in responding to the harm caused by the
crime. Its ultimate objective is to restore the broken relationships among stakeholders.
The Restorative Justice process provides a healing opportunity for affected parties to facilitate the
recovery of the concerned parties and allow them to move on with their lives.

 The VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM is a strategy by which

the Parole and Probation Administration may be able to generate maximum citizen
participation or community involvement.
Citizens of good standing in the community may volunteer to assist the probation and parole
officers in the supervision of a number of probationers, parolees and conditional pardonees in their
respective communities. Since they reside in the same community as the client, they are able to
usher in the reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and
community to each heal from the harm resulting from the crime done. They can initiate a circle of
support for clients and victims to prevent further crimes, thereby be participants in nation-building

 The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment model

used in the rehabilitation of drug offenders and other clients with behavioral problems. TC
adheres to precepts of “right living” - Responsible Love and Concern; Truth and Honesty;
the Here and Now; Personal Responsibility for Destiny; Social Responsibility (brother’s
keeper); Moral Code; Work Ethics and Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help while helping
themselves. It operates in a similar fashion to a functional family with a hierarchical structure of older
and younger members. Each member has a defined role and responsibilities for sustaining the proper
functioning of the TC. There are sets of rules and community norms that members commit to live by
and uphold upon entry. The primary “therapist” and teacher is the community itself, consisting of
peers, staff/probation and parole officers and even Volunteer Probation Aides (VPA), who, as role
models of successful personal change, serve as guides in the recovery process.

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and
humane correctional systems that will promote the reformation of offenders and thereby reduce
the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders
who are likely to respond to individualized, community-based treatment programs;

CCLJ 1013 Introduction to Philippine Criminal Justice System | 10

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation
officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

Section 4 (amended by RA 10707 under Sec 1). Grant of Probation. Subject to the provisions
of this Decree, the court may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an
appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and
the best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation

CCLJ 1013 Introduction to Philippine Criminal Justice System | 11

Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt of the order
of said court to conduct the investigation. The court shall resolve the petition for probation not
later than five days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender

may be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available institutional
and community resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by
his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another
crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9 (amended by RA 10707 under Sec. 2). Disqualified Offenders. The benefits of this
Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;

CCLJ 1013 Introduction to Philippine Criminal Justice System | 12

 (b) report to the probation officer at least once a month at such time and place as specified
by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons
on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or
work;

(j) reside at premises approved by it and not to change his residence without its prior
written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance,
at which time the court shall inform the offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions prescribed in the said order or his commission
of another offense, he shall serve the penalty imposed for the offense under which he was placed
on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court
may, upon application of either the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either the probationer or the probation
officer of the filing such an application so as to give both parties an opportunity to be heard
thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 13

Section 13. Control and Supervision of Probationer. The probationer and his probation program

CCLJ 1013 Introduction to Philippine Criminal Justice System | 14

shall be under the control of the court who placed him on probation subject to actual supervision
and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him that
was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not

more than one year shall not exceed two years, and in all other cases, said period shall not
exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or continue his probation and modify
the conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

Section 16 (amended by RA 10707 under Sec. 3). Termination of Probation. After the period
of probation and upon consideration of the report and recommendation of the probation officer,
the court may order the final discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend
as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense
for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer make
CCLJ 1013 Introduction to Philippine Criminal Justice System | 15
such disclosure desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of
Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President
of the Philippines. He shall hold office during good behavior and shall not be removed except for
cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the probation
system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of
his Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation

Administrator who shall assist the Administrator perform such duties as may be assigned to him by
the latter and as may be provided by law. In the absence of the Administrator, he shall act as head
of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be

eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be at
least thirty-five years of age, holder of a master's degree or its equivalent in either criminology,
social work, corrections, penology, psychology, sociology, public administration, law, police science,
CCLJ 1013 Introduction to Philippine Criminal Justice System | 16
police administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of supervisory
experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional
offices organized in accordance with the field service area patterns established under the
Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may assigned to him by the Administrator. He shall have
an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also
be appointed by the President of the Philippines, upon recommendation of the Secretary of Justice,
with an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon recommendation of
the Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand
four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the
Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms
and conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and
use all suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer under
his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of
probationers;

CCLJ 1013 Introduction to Philippine Criminal Justice System | 17

 (g) exercise supervision and control over all field assistants, probation aides and other
personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24 (amended by RA 10707 under Sec. 4). Miscellaneous Powers of Provincial and
City Probation Officers. Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also have, with respect to
probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers.
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer
unless he possesses at least a bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, administration, or related fields and has at least
three years of experience in work requiring any of the abovementioned disciplines, or is a member
of the Philippine Bar with at least three years of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary
of Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

Section 27 (amended by RA 10707 under Section 5). Field Assistants, Subordinate

Personnel, Provincial or City Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties effectively.

Section 28 (amended by RA 10707 under Sec. 6). Probation Aides. To assist the Provincial
or City Probation Officers in the supervision of probationers, the Probation Administrator may
appoint citizens of good repute and probity to act as probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable
travel allowance. They shall hold office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six thousand
pesos shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million
Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National
Treasury not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary shall
CCLJ 1013 Introduction to Philippine Criminal Justice System | 18
 be included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to
or inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be
held invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected
thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That,
the application of its substantive provisions concerning the grant of probation shall only take effect
twelve months after the certification by the Secretary of Justice to the Chief Justice of the Supreme
Court that the administrative structure of the Probation Administration and of the other agencies
has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.

REPUBLIC ACT No. 10707 AN ACT AMENDING PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to
read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem best. No
application for probation shall be entertained or granted if the defendant has perfected
the appeal from the judgment of conviction: Provided, That when a judgment of
conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the modified decision
shall be filed in the trial court where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has since
been re-raffled. In a case involving several defendants where some have taken further
appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a

CCLJ 1013 Introduction to Philippine Criminal Justice System | 19

review of the modified decision which already imposes a probationable penalty.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 20

 “Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only. The filing of the application shall be deemed a waiver of the right to
appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6)
years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished
by imprisonment of more than six (6) months and one (1) day and/or a fine of
more than one thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon consideration
of the report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.

“The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in connection
with their duties and functions under this Decree. They shall also have, with respect to
probationers under their care, the powers of a police officer. They shall be considered as
persons in authority.”
CCLJ 1013 Introduction to Philippine Criminal Justice System | 21
SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator
may appoint citizens of good repute and probity, who have the willingness, aptitude, and
capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and
meal allowances, as may be determined by the Probation Administrator, for services rendered
as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for
a just cause. Their functions, qualifications, continuance in office and maximum case loads
shall be further prescribed under the implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation
Administrator, the latter shall encourage and support the former to organize themselves in the
national, regional, provincial, and city levels for effective utilization, coordination, and
sustainability of the volunteer program.”

SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions
hereof not affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and
regulations or parts thereof which are inconsistent with this Act are hereby amended, repealed or
modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of
this Act, the Department of Justice shall promulgate such rules and regulations as may be necessary
to carry out the provisions of this Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 22

ACT NO. 4103 - AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE
FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE
PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO
PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the minimum which shall be within the range
of the penalty next lower to that prescribed by the Code for the offense; and if the offense is
punished by any other law, the court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not
be less than the minimum term prescribed by the same. (As amended by Act No. 4225.)

Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-
imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to
those who are habitual delinquents; to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional pardon by the Chief Executive shall have
violated the terms thereof; to those whose maximum term of imprisonment does not exceed one
year, not to those already sentenced by final judgment at the time of approval of this Act, except as
provided in Sec. 5 hereof. (As amended by Act No. 4225.)

Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the Secretary of
Justice who shall be its Chairman, and four members to be appointed by the President, with the
consent of the Commission on Appointments who shall hold office for a term of six years: Provided,
That one member of the board shall be a trained sociologist, one a clergyman or educator, one
psychiatrist unless a trained psychiatrist be employed by the board, and the other members shall be
persons qualified for such work by training and experience. At least one member of the board shall
be a woman. Of the members of the present board, two shall be designated by the President to
continue until December thirty, nineteen hundred and sixty-six and the other two shall continue until
December thirty, nineteen hundred and sixty-nine. In case of any vacancy in the membership of the
Board, a successor may be appointed to serve only for the unexpired portion of the term of the
respective members. (As amended by Republic Act No. 4203, June 19, 1965.)

Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and regulations as may be
necessary for carrying out its functions and duties. The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality of the Government for such assistance as it may
need in connection with the performance of its functions. A majority of all the members shall
constitute a quorum and a majority vote shall be necessary to arrive at a decision. Any dissent from
CCLJ 1013 Introduction to Philippine Criminal Justice System | 23
the majority opinion shall be reduced to writing and filed with the records of the proceedings. Each
member of the Board, including the Chairman and the Executive Officer, shall be entitled to receive
as compensation fifty pesos for each meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised Administrative Code, and in addition
thereto, reimbursement of actual and necessary travelling expenses incurred in the performance of
duties: Provided, however, That the Board meetings will not be more than three times a week. (As
amended by Republic Act No. 4203, June 19, 1965.)

Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the physical, mental
and moral record of the prisoners who shall be eligible to parole and to determine the proper time of
release of such prisoners. Whenever any prisoner shall have served the minimum penalty imposed on
him, and it shall appear to the Board of Indeterminate Sentence, from the reports of the prisoner's
work and conduct which may be received in accordance with the rules and regulations prescribed,
and from the study and investigation made by the Board itself, that such prisoner is fitted by his
training for release, that there is a reasonable probability that such prisoner will live and remain at
liberty without violating the law, and that such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its discretion, and in accordance with the rules
and regulations adopted hereunder, authorize the release of such prisoner on parole, upon such
terms and conditions as are herein prescribed and as may be prescribed by the Board. The said
Board of Indeterminate Sentence shall also examine the records and status of prisoners who shall
have been convicted of any offense other than those named in Sec. 2 hereof, and have been
sentenced for more than one year by final judgment prior to the date on which this Act shall take
effect, and shall make recommendation in all such cases to the Governor-General with regard to the
parole of such prisoners as they shall deem qualified for parole as herein provided, after they shall
have served a period of imprisonment not less than the minimum period for which they might have
been sentenced under this Act for the same offense.

Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times
and in such manner as may be required by the conditions of his parole, as may be designated by the
said Board for such purpose, report personally to such government officials or other parole officers
hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to
the remaining portion of the maximum sentence imposed upon him or until final release and
discharge by the Board of Indeterminate Sentence as herein provided. The officials so designated
shall keep such records and make such reports and perform such other duties hereunder as may be
required by said Board. The limits of residence of such paroled prisoner during his parole may be
fixed and from time to time changed by the said Board in its discretion. If during the period of
surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate
any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle him to final release and discharge.

Sec. 7. The Board shall file with the court which passed judgment on the case, and with the Chief of

CCLJ 1013 Introduction to Philippine Criminal Justice System | 24

Constabulary, a certified copy of each order of conditional or final release and discharge issued in
accordance with the provisions of the next preceding two sections.

Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may be served in any part of the Philippine Islands by any
police officer. In such case the prisoner so re-arrested shall serve the remaining unexpired portion of
the maximum sentence for which he was originally committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a new parole to the said prisoner. (As amended
by Act No. 4225.)

Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the Governor-
General as set forth in Sec. 64(i) of the Revised Administrative Code or the Act of Congress approved
August 29, 1916 entitled "An Act to declare the purpose of the people of the United States as to the
future political status of the people of the Philippine Islands, and to provide a more autonomous
government for those Islands."

Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be entitled to receive
the benefits provided in Sec. 1751 of the Revised Administrative Code.

Approved and effective on December 5, 1993.

REPUBLIC ACT No. 10592 - AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is
hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –

Offenders or accused who have undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in
writing after being informed of the effects thereof and with the assistance of counsel to abide
by the same disciplinary rules imposed upon convicted prisoners, except in the following
cases:

"1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and

"2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

CCLJ 1013 Introduction to Philippine Criminal Justice System | 25

 "If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from thirty (30) years.1âwphi1

"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists,
habitual delinquents, escapees and persons charged with heinous crimes are excluded from
the coverage of this Act. In case the maximum penalty to which the accused may be
sentenced is Destierro, he shall be released after thirty (30) days of preventive imprisonment."

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."

Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed
a reduction of twenty-three days for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;

CCLJ 1013 Introduction to Philippine Criminal Justice System | 26

 "4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and

"5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each month of
study, teaching or mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or
the service of his sentence under the circumstances mentioned in Article 158 of this Code,
gives himself up to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
Such allowances once granted shall not be revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated.
As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos
(P100,000.00) and perpetual disqualification to hold office shall be imposed against any public officer
or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice
(DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall
within sixty
(60) days from the approval of this Act, promulgate rules and regulations on the classification system
for good conduct and time allowances, as may be necessary, to implement the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder
of the provisions not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.
CCLJ 1013 Introduction to Philippine Criminal Justice System | 27
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in
the Official Gazette or in at least two (2) new papers of general cicirculation.

############ END OF MODULE 6 ##########

CCLJ 1013 Introduction to Philippine Criminal Justice System | 28