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PROBATION

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

- Is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to prison.

PARDON

Is an act of grace proceeding from the power entrusted with the execution of the laws which exempts
the individual on whom it is bestowed from the punishment the law inflicts for the crime he has
committed. It is the power reposed by the Constitution to the President of the Philippines.

KINDS OF PARDON

a. Absolute Pardon – when the convict is release without any condition;


b. Conditional Pardon – when the release of the convict is subject to certain conditions that the
pardonee must comply with strictly. Otherwise, such pardon will be revoked, because pardon is a
contract with the convict may or may not accept, but once accepted, he has to abide with the conditions
prescribed.

PAROLE

Is a procedure by which prisoners are selected for release on the basis of the individual response to the
correctional institution and the service progress and by which they are provided with the necessary
controls and guidance as they serve the remainder of their sentences within the free community.

ELEMENTS OF PAROLE

a. That the offender is convicted;

b. That he serves part of his sentence in prison;

c. That he is released before the full expiration of his sentence;

d. That said release is conditional, and

e. That he remains on parole until the expiration of his maximum sentence.


DISQUALIFICATIONS:

a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;

b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of treason,
rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters;

c. They are habitual delinquents;

d. They escaped from confinement or evaded sentence;

e. They have been on conditional pardon and had violated any of the conditions imposed by the Board

f. Their sentence do not exceed one (1) year;

g. They are suffering from any mental disorder as proven by the government psychiatrist or psychologist
accredited by the Department of Health;

h. They have pending criminal cases.

AMNESTY
Is a general pardon extended to a group of prisoners and exercised by the President of the Philippines
with the concurrence of Congress. The recipients are usually political offenders.

#AllaboutCJS

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