lolomo

Probation Law of 1976

Established community-based rehabilitation system.

Purpose of Probation

Rehabilitation over incarceration; crime prevention.

Probation

Post-conviction court-supervised community release.

Probationer

Individual under probation supervision.

Probation Officer

Supervises, investigates probation compliance.

Grant of Probation

Court discretion post-conviction; conditions applied.

Post-Sentence Investigation

Mandatory pre-probation background check.

Disqualified Offenders

Severe/repeat crimes excluded eligibility.

Conditions of Probation

Monthly reporting; no law violations.

Probation Period

Maximum six years supervision.

Probation Revocation

Violation leads to imprisonment.

Termination of Probation

Successful completion ends case.

Confidentiality of Records

Probation documents are private.

Probation Administration

National oversight of probation.

Probation Aides

Volunteers assist probation officers.

Funding Authorization

Government allocates probation budget.

Violation Penalty

Breach confidentiality: fine/imprisonment.

Effectivity Clause

Law applies after administrative setup.

Executive Clemency

Presidential mercy reducing punishment severity.

Pardon

Post-conviction presidential forgiveness of offense.

Absolute Pardon

Complete restoration of civil rights.

Conditional Pardon

Pardon with specified obligations imposed.

Reprieve

Temporary delay of sentence execution.

Amnesty

Congress-approved group political offense pardon.

Commutation of Sentence

Reduction of penalty severity/duration.

Remission of Fines

Cancellation of fines/forfeitures imposed.

Suspension of Sentence

Postponement of sentence execution temporarily.

Limitations on Clemency

Excludes impeachment, election offenses pre-recommendation.

Plenary Power

President’s exclusive clemency authority.

Judicial Notice (Amnesty)

Courts recognize amnesty automatically.

Indeterminate Sentence Law (RA 4103)

Rehabilitation-focused sentencing system establishment.

Indeterminate Sentence

Minimum-maximum term imprisonment flexibility.

Determinate Sentence

Fixed-term imprisonment without parole.

Coverage of ISLAW

Applies to most convicted offenders.

Exceptions to ISLAW

Excludes treason, death, habitual offenders.

ISLAW Objectives

Reduce imprisonment; promote prisoner rehabilitation.

Degree of Penalty

RPC’s entire penalty unit.

Period of Penalty

Divisible into min/medium/max terms.

Graduated Scales (Art.71 RPC)

Penalty severity hierarchy framework.

Board of Pardons and Parole

Recommends clemency, oversees parole.

Parole

Supervised early prison release.

Board Composition

Secretary-led, diverse expert members.

Executive Orders 83/94

Renamed Board’s structural authority.

RA 4103 Creation

Established parole/rehabilitation sentencing system.

Parole

Conditional early prison release supervision.

Alexander Maconochie

Introduced modern parole system.

Mark System

Earned early release through merit.

Ticket-of-Leave

Conditional freedom for good behavior.

Sir Walter Crofton

Developed Irish Progressive State System.

Irish System

Intermediate prisons and parole supervision.

Zebulon Brockway

Pioneer of U.S. parole.

Elmira Reformatory

First U.S. parole-focused institution.

Indeterminate Sentencing

Flexible terms for rehabilitation potential.

Progress Report

Tracks parolee behavior/offenses monthly.

Infraction Report

Filed after new conviction.

Violation Report

Documents parole condition breaches.

Release on Recognizance

Community custodian ensures court appearance.

Release on Bail

Security deposit for temporary freedom.

Preventive Imprisonment

Release after serving maximum pre-trial.

Probation

Post-conviction community supervision alternative.

Parole

Conditional early release post-minimum sentence.

Executive Clemency

Presidential mercy reducing punishment severity.

Preventive Imprisonment Credit

Voluntary agreement to follow rules.

Partial Extinction of Criminal Liability

Extinguished by clemency or behavior.

Good Conduct Time Allowances

Monthly deductions for good behavior.

Special Allowance for Loyalty

Sentence reduction for calamity surrender.

Authority to Grant Allowances

Decentralized power to prison directors.

Penal Clause

Penalties for non-compliance with law.

Implementation

DOJ/DILG create classification systems.

Key Implications of Provisions

Goals include rehabilitation and safety.

Practical Examples

Illustrates benefits of preventive measures.