Section 3. Meaning of Terms.
As used in this Decree, the following shall,
PD 968
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;
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.
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. 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 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. 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;
(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.
Section 13. Control and Supervision of Probationer. The probationer and his
probation program 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. 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 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, 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;
(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. 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. 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. 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 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 review of the modified decision which already imposes a
probationable penalty.
“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.”
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.

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.
"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 lestierro, 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;
"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.
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 circulation.
 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 Section 5 hereof. chan robles
virtual law library
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Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of
Act No. 4103
the Secretary of Justice who shall be its Chairman, and four members to be
The Indeterminate Sentence Law
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
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
board shall be a trained sociologist, one a clergyman or educator, one psychiatrist
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
unless a trained psychiatrist be employed by the board, and the other members
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
shall be persons qualified for such work by training and experience. At least one
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
member of the board shall be a woman. Of the members of the present board, two
chan robles virtual law library
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
ACT NO. 4103
Board, a successor may be appointed to serve only for the unexpired portion of the
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
term of the respective members. chan robles virtual law library
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
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL
instrumentality of the Government for such assistance as it may need in connection
PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
with the performance of its functions. A majority of all the members shall
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
constitute a quorum and a majority vote shall be necessary to arrive at a decision.
FUNDS THEREFOR; AND FOR OTHER PURPOSES.
Any dissent from the majority opinion shall be reduced to writing and filed with the
chan robles virtual law library
records of the proceedings. Each member of the Board, including the Chairman and
chan robles virtual law library
the Executive Officer, shall be entitled to receive as compensation fifty pesos for
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the
each meeting actually attended by him, notwithstanding the provisions of Section
Revised Penal Code, or its amendments, the court shall sentence the accused to an
two hundred and fifty-nine of the Revised Administrative Code, and in addition
indeterminate sentence the maximum term of which shall be that which, in view of
thereto, reimbursement of actual and necessary traveling expenses incurred in the
the attending circumstances, could be properly imposed under the rules of the said
performance of duties: Provided, however, That the Board meetings will not be
Code, and the minimum which shall be within the range of the penalty next lower
more than three times a week. chan robles virtual law library
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
Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the
maximum term of which shall not exceed the maximum fixed by said law and the
physical, mental and moral record of the prisoners who shall be eligible to parole
minimum shall not be less than the minimum term prescribed by the same.
and to determine the proper time of release of such prisoners. Whenever any
chan robles virtual law library
prisoner shall have served the minimum penalty imposed on him, and it shall
Sec. 2. This Act shall not apply to persons convicted of offenses punished with
appear to the Board of Indeterminate Sentence, from the reports of the prisoner's
death penalty or life-imprisonment; to those convicted of treason, conspiracy or
work and conduct which may be received in accordance with the rules and
proposal to commit treason; to those convicted of misprision of treason, rebellion,
regulations prescribed, and from the study and investigation made by the Board
sedition or espionage; to those convicted of piracy; to those who are habitual
itself, that such prisoner is fitted by his training for release, that there is a
delinquents; to those who have escaped from confinement or evaded sentence; to
reasonable probability that such prisoner will live and remain at liberty without
those who having been granted conditional pardon by the Chief Executive shall
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 Section 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. chan robles virtual law library
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. chan robles virtual law library
Sec. 7. The Board shall file with the court which passed judgment on the case, and
with the Chief of 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. chan robles virtual law library
Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers
of the Governor-General as set forth in Section 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." chan robles virtual law library
Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall be
entitled to receive the benefits provided in Section 1751 of the Revised
Administrative Code. chan robles virtual law library
Homicide; proper computation of penalty - G.R. No. 180219
G.R. No. 180219
"x x x.
The penalty for homicide under Article 246 of the Revised Penal Code is reclusion
temporal. Under Section 1 of the Indeterminate Sentence Law,[15] the court, in
imposing a prison sentence for an offense punished by the Revised Penal Code, or
its amendments, is mandated to prescribe 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 Revised Penal
Code, and the minimum term shall be within the range of the penalty next lower to
that prescribed by the Revised Penal Code for the offense. With the absence of
aggravating or mitigating circumstances, the imposable penalty is reclusion
temporal in its medium period, or 14 years, eight months, and one day to 17 years
and four months. This is pursuant to Article 64 of the Revised Penal Code.[16] It is
such period that the maximum term of the indeterminate sentence should be
reckoned from. Hence, limiting the maximum term of the indeterminate sentence
at only 14 years and eight months contravened the express provision of the
Indeterminate Sentence Law, for such penalty was within the minimum period of
reclusion temporal. Accordingly, the Court must add one day to the maximum term
fixed by the lower courts.
The Court finds to be unnecessary the increment of one day as part of the
minimum term of the indeterminate sentence. It may be true that the increment
did not constitute an error, because the minimum term thus fixed was entirely
within the parameters of theIndeterminate Sentence Law. Yet, the addition of one
day to the 10 years as the minimum term of the indeterminate sentence of
Talampas may occasion a degree of inconvenience when it will be time for the
penal administrators concerned to consider and determine whether Talampas is
already qualified to enjoy the benefits of the Indeterminate Sentence Law. Hence,
in order to simplify the computation of the minimum penalty of the indeterminate
sentence, the Court deletes the one-day increment from the minimum term of the
indeterminate sentence.
WHEREFORE, the Court AFFIRMS the decision promulgated on August 16, 2007
finding VIRGILIO TALAMPAS y MATIC guilty beyond reasonable doubt of the crime
of homicide, and IMPOSES the indeterminate sentence of 10 years of prision
mayor, as minimum, to 14 years, eight months, and one day of reclusion temporal,
as maximum.
Indeterminate Sentence Law
(ISLAW): How to determine
maximum and minimum penalties
(Act no 4103 as amended)
The Indeterminate Sentence Law is mandatory in all cases, EXCEPT
if the accused will fall in any of the following exceptions:
1. if sentenced with a penalty of death or life imprisonment
2. if convicted of treason, conspiracy, proposal to commit treason
3. if convicted of misprision of treason, sedition, rebellion or
espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded sentence
7. those who violated the terms of conditional pardon of the chief
executive
8. where the maximum term of imprisonment does not exceed 1 year
(important!)
9. if convicted by final judgement at the time of the effectivity of Act
No. 4103
10. if penalized with suspension or distierro
If accused fall in any of the foregoing exceptions. DO NOT APPLY
ISLAW!
ISLAW applies to offenses punished by Special Law and Revised
Penal Code.
Why is ISLAW mandatory?
In the application of the Indeterminate Sentence Law the judge will get
the maximum penalty and likewise the minimum penalty. If the
accused was already able to serve the minimum term of his
indeterminate sentence and upon the approval of the Board, the
accused now becomes eligible for parole. ISLAW is favorable to the
accused.
If the accused was granted parole and violated some conditions
of the parole, What will happen?
A warrant of arrest will be issued by the court and the accused will be
made to serve the rest of the remaining or unexpired portion of his
sentence. (But in probation you go back to number 1, serving of
sentence will be from the beginning)
Application of ISLAW:
How to get maximum and minimum penalty in Special Law:
1. The maximum penalty should NOT exceed the maximum provided
for by that law.
2. The minimum penalty should NOT fall below the minimum
provided by the law.
How to get maximum and minimum penalty in Revised Penal Code:
Example: In the crime of homicide, under the Revised Penal Code,
the offender is sentenced to reclusion temporal.
The maximum penalty under the Indeterminate Sentence Law is
reclusion temporal. But reclusion temporal is a divisible penalty
consisting of maximum, medium and minimum periods. Which period
will we place the maximum term of the Indeterminate Sentence?

Guide for determining the maximum penalty:
1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance
Which period will the maximum penalty be placed?
In pursuant to art 64, when there is no mitigating and no aggravating
circumstance, it should be placed at the medium period. Thus, the
maximum penalty for the example above is reclusion temporal in the
medium period.
What is the minimum penalty now?
In getting the minimum penalty, the rule is to simply get the penalty
one (1) degree lower from the maximum penalty without taking into
account the mitigating and aggravating circumstance. Thus, the
penalty one degree lower from reclusion temporal, without taking into
account any mitigating or aggravating circumstance, is prision mayor.
Prision mayor is now the minimum penalty for our example.
Important: If your maximum penalty is wrong, it follows that the
minimum penalty will also be wrong.
Again, prision mayor is a divisible penalty. Which period can it be
placed?
Under the Indeterminate Sentence Law, it would depend upon the
discretion of the court on which period to place it. Thus, the minimum
penalty is prision mayor in any of its period.
Factors that could affect the imposition of minimum penalty:
1. Age
2. Conduct during trial
3. Mental or physical condition
Suppose in the example above, 1 aggravating circumstance was
proven. What is now the maximum penalty?
It would still be reclusion temporal, but it shall be placed in the
maximum period because of the presence of 1 aggravating
circumstance.
How about the minimum penalty?
It would still be 1 degree lower from reclusion temporal, which is
prision mayor. In which period? It shall be discretionary upon the
court.
(More examples)
1 mitigating but NO aggravating
maximum penalty: reclusion temporal in the minimum period
minimum penalty: prision mayor in any period
2 mitigating, NO aggravating (privileged mitigating)
maximum penalty: prision mayor in the medium period
minimum penalty: prision correctional any period
The preceding example is an exception to the rule. If there is a
privileged mitigating circumstance, we take it into account first in order
to obtain the proper maximum penalty. Then, from that maximum
penalty, we obtain the proper minimum penalty by getting the penalty
1 degree lower. Same rule applies as to the period of the minimum
penalty.
Remember: It will never become a privileged mitigating
circumstance if there is an aggravating circumstance present. 8
mitigating and 1 aggravating will never become privileged mitigating
circumstance.
3 mitigating, NO aggravating
maximum penalty: prision mayor in the minimum period
minimum penalty: prision correctional any period
In the preceding example, there are 3 mitigating circumstance present
and no aggravating circumstance. The first two mitigating
circumstance shall be a privileged mitigating circumstance. Thus, the
penalty will be reduced by 1 degree from reclusion temporal to prision
mayor. The 3rd mitigating circumstance shall place the penalty in the
minimum period.
4 mitigating, NO aggravating
maximum penalty: prision correctional in the medium period (2
privileged circumstance. Thus we lower by 2 degrees)
minimum penalty: arresto mayor any period 4 mitigating, NO aggravating
maximum penalty: arresto mayor in its maximum period
5 mitigating, NO aggravating
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period

At most we can only lower by 2 degrees. Thus, if there are 6

mitigating circumstance and NO aggravating:
maximum penalty: prision correctional in the minimum period
minimum penalty: arresto mayor any period

How is Indeterminate Sentence Law applied in complex crimes

(Article 48)?
A complex crime is punished by the most serious offense and shall
be imposed in its maximum period.

Example: Estafa through falsification of public documents.

Under the Revised Penal Code, falsification of public documents

(Article 171) is a more serious offense punished by prision mayor than
estafa (Article 315), punished only by prision correctional.

Thus, applying the Indeterminate Sentence Law, the maximum

penalty for estafa through falsification of public documents shall be
prision mayor in the maximum period. Minimum penalty shall be
prision correctional, any period.

Suppose there was 1 mitigating circumstance proven. Maximum

penalty would still be prision mayor in the maximum period. In
pursuant to Article 48, even if there is a mitigating circumstance
present, it should still be imposed at the maximum period.

How about if there are 2 mitigating circumstance and no

aggravating?
The rule is, if it is a privileged mitigating circumstance, we lower by
the penalty by one degree but still place it at the maximum period.
Thus, the maximum penalty shall be prision correctional in the
maximum period.