Transcript
JAIL OPERATIONS 6: PROBATION, PAROLE, PARDON AND COMMUTATION OF SENTENCE FIRST SEMESTER, AY 2013-2014 (BSPS Class 2014) COMPARATIVE TABLE OF NON-INSTITUTIONAL CORRECTIONS
Definition
Purpose/s
Eligible Offenders
Disqualified Offenders
PROBATION
PAROLE
PARDON
A disposition under which a defend defendant ant,, after after convi convicti ction on and sentence, is released subject to the conditions imposed by the court and to the superv supervisi ision on of a probat probation ion offi office cerr (Sec (Secti tion on 3[a] 3[a],, PD 968; 968; Sectio Section n 4, Rule Rule 1, PPA Omnib Omnibus us Rules Rules and Probation Probation Methods Methods and Procedures).
The The cond condit itio iona nall rele releas ase e of an offe offend nder er from from a corr correc ecti tion onal al inst instit itut utio ion n afte afterr he serv serves es the the minim nimum ter term of his his pris prison on sentence (People (People v. Abesamis, Abesamis, G.R. No. 140985, August 28, 2007) under the continued custody of the State and under conditions that permit his rein reinca carc rcer erat atio ion n if he viol violat ates es a condition for his release.
An act of grace proceeding from the power entrusted with the execution of the laws (President) (President) which which exempts exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed (De ( De Leon v. Director of Prisons, Prisons , 31 Phil 60).
1. To promo promote te the the correc correcti tion on and 1. To upli uplift ft and and rede redeem em valu valuab able le rehabilit rehabilitation ation of an offender offender by huma human n mate materi rial al to econ econom omic ic providing him with individualized usefulness; and treatment under the guidance of 2. To prev preven entt unne unnece cess ssar ary y and and a trained probation officer; excessive deprivation of personal 2. To promo promote te an oppor opportu tuni nity ty for libe libert rty y (Rul (Rule e 1.1 1.1 of the the 2006 2006 the reform reformati ation on of a penite penitent nt Rules on Parole). offend offender er which which might might be less less probable if he were to serve a prison sentence; and 3. To prev preven entt the the comm commis issi sion on of another offense.
1. To afford afford a remedy, remedy, it has always always been thought essential essential in popular popular gove govern rnme ment nts s to vest vest,, in some some authority other than the courts, the powe powerr to amel amelio iora rate te or avoi avoid d particular judgments. 2. A person already already serving serving sentenc sentence e by virtue of a final judgment may be extended a pardon if it is subsequently discovered that he is innocent. 3. The The exer exerci cise se of the the pard pardon onin ing g powe powerr is disc discre reti tion onar ary y in the the President and may not be contro controlle lled d by the legisl legislatu ature re or reversed reversed by the courts, save only when it contravenes the limitations discussed below.
The Probation Law of 1976 shall A parole case shall be eligible for 1. Existence of EXTRAORDINARY apply to ALL OFFENDERS. review by the Board of Pardons and CIRCUMSTANCES.i Parole (Board) if the prisoner: 2. Presence of OTHER CIRCUMSTANCES.ii i. 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 ii. has served the minimum period court termination or probation. of said sentence (See Rule 2.1, ibid ).
(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 c onvicted by final judgment of an offense punished by imprisonment of
(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 d’etat; (4) those convicted of piracy or
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;
Eligible Offenders
Disqualified Offenders
The Probation Law of 1976 shall A parole case shall be eligible for 1. Existence of EXTRAORDINARY apply to ALL OFFENDERS. review by the Board of Pardons and CIRCUMSTANCES.i Parole (Board) if the prisoner: 2. Presence of OTHER CIRCUMSTANCES.ii i. 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 ii. has served the minimum period court termination or probation. of said sentence (See Rule 2.1, ibid ).
(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 c onvicted 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 d’etat; (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
(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 havi ng 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
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 havi ng 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).
The convict could not avail for himself of parole if his conviction is on appeal, or has not yet become final and executory.
Appeal and probation are mutually exclusive remedies (Francisco v. Court of Appeals, G.R. No. Effect of Appeal or 108747, April 6, 1995).
Pendency of Appeal
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).
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Trial Court issues a warrant for the arrest of the erring The parolee, who violates the conditions of his parole, shall be probationer. Probationer is brought before rearrested and recommitted or
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).
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The Board shall recommend to the President the Pardonee’s arrest or recommitment after determination that he violated conditions of his
The filing of the application shall be deemed a waiver of the right to appeal (Section 4, PD No. 968).
The convict could not avail for himself of parole if his conviction is on appeal, or has not yet become final and executory.
Appeal and probation are mutually exclusive remedies (Francisco v. Court of Appeals, G.R. No. Effect of Appeal or 108747, April 6, 1995).
Pendency of Appeal
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).
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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 probationer’s probation; (2) modification of his probation conditions; or (3) revocation of probation.
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).
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The parolee, who violates the conditions of his parole, shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence (See People v. Abesamis, G.R. No. 140985, August 28, 2007).
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Effect on Civil Liability and Administrative Liability •
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 ON HIS CIVIL LIABILITY. x x x. The civil action for the civil liability is separate and distinct from the criminal action (Budlong v. Apalisok , 122 SCRA 935). The criminal action is separate
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Accused-appellant’s CIVIL LIABILITY SUBSISTS despite his release on parole (People v. Abesamis, G.R. No. 140985, August 28, 2007).
The Board shall recommend to the President the Pardonee’s arrest or recommitment after determination that he violated conditions of his conditional pardon (See Section 26). If the pardonee violates any of the conditions of his pardon, he will be prosecuted criminally as a pardon violator. Upon conviction, the accused will be sentenced to serve an imprisonment of prison correccional ( m inimum 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).
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.
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Effect on Civil Liability and Administrative Liability •
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Effect on Accessory Penalties
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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 ON HIS CIVIL LIABILITY. x x x. The civil action for the civil liability is separate and distinct from the criminal action (Budlong v. Apalisok , 122 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 once
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).
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Accused-appellant’s CIVIL LIABILITY SUBSISTS despite his release on parole (People v. Abesamis, G.R. No. 140985, August 28, 2007).
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).
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.
The accessory penalties of the law which have not been
1. It removes penalties and disabilities and restores him to his full civil and political rights; and
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.
Effect on Accessory Penalties
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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.).
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(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.
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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.).
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(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.
