Article 33p. 33

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

a successful litigation shall be deposited in the National

Treasury as trust fund and shall be disbursed for special

allowances of authorized officials and lawyers of the PAO.

SECTION 16-E. Local Government Support. — Local

government

units,

subject

to

their

capabilities,

are

authorized to extend financial and other support in the

form of honoraria, free office space, equipment, furniture,

stationery, and manpower to the PAO.

SECTION 16-F. Franking Privilege. — The PAO may

transmit through ordinary mail and/or registered mail

with

return

card,

free

of

charge,

all

official

communications and papers directly connected with the

conduct of its duties, functions and/or its exercise of

administrative supervision over its personnel.

The envelope or wrapper of the privileged mail matter

shall bear on the left upper corner 'Public Attorney's

Office' together with its address and on the right upper

corner, the word 'Private or unauthorized use to avoid

payment of postage is penalized by fine or imprisonment

or both. (as created by Republic Act No. 9406, [March

23, 2007])

CHAPTER 6 Board of Pardons and Parole

SECTION 17. Board of Pardons and Parole . — The

Board of Pardons and Parole shall continue to discharge

the powers and functions as provided in existing law and

such additional functions as may be provided by law.

SECTION 18. Board Composition . — The Board shall be

composed of the Secretary as Chairman and six (6)

members consisting of: The Administrator of the Parole

and Probation Administration as ex-officio member, a

sociologist, a clergyman, an educator, a person with

training

and

experience

in

correction

work,

and

a

member of the Philippine Bar; Provided , that one of them

is

a

woman.

The

members

of

the

Board

shall

be

appointed by the President upon the recommendation of

the Secretary and shall hold office for a term of six (6)

years, without prejudice to reappointment.

In case of vacancy by reason of death, incapacity,

resignation or removal of any of the Board members, the

Secretary

shall

have

the

authority

to

designate

a

temporary member possessing the qualifications of his

predecessor and to serve out his unexpired term or until

the President shall have appointed a regular member to

fill the vacancy.

SECTION 19. Executive Director and Board Secretary ;

Support Staff . — In the performance of his duties as

Chairman

of the Board of Pardons and Parole, the

Secretary shall be assisted by a staff headed by the

Executive Director who is at the same time the Secretary

of the Board. The Executive Director shall be appointed by

the

President

upon

the

recommendation

of

the

Secretary. The Executive Director shall receive a monthly

salary of thirteen thousand five hundred pesos.

The

Board

Secretary shall prepare and keep the

minutes of all the board sessions in a book of records kept

for

the

purpose,

as well as all the resolutions and

recommendations of the Board on all actions involving

parole, pardons and executive clemency to the President;

authenticate and/or attest all minutes, resolutions and

recommendations of the Board; prepare and serve all

notices of board meetings or sessions to the members of

the Board; prepare an annual report of all resolutions and

recommendations for parole or executive clemency and

other reports that the Department may require. He shall

also perform such other functions as the Board may from

time to time assign to him.

SECTION 20. Board Meetings . — The Board shall meet

regularly every week, or as the Board may direct, or upon

call by the Chairman/Secretary. The members shall act

only as a Board, and every decision of the majority shall

be valid as an act of the Board provided, that the Board

may direct a Board member to prepare and submit a

report involving any application for parole, pardon or any

request for executive clemency for appropriate action by

the Board.

SECTION 21. Board Rules and Regulations . — The

Board is hereby authorized to establish and prescribe,

subject

to

the approval of the Secretary, rules and

regulations to govern the proceedings of the Board.

SECTION 22. Indeterminate Sentence Law . — The

provisions of Act No. 4103, otherwise known as the

Indeterminate Sentence Law, as amended, shall continue

to apply except as otherwise amended, modified or

repealed by this Code.

CHAPTER 7 Parole and Probation Administration

SECTION 23. Parole and Probation Administration . —

The

Parole

and Probation Administration hereinafter

referred to as the Administration shall have the following

functions:

(1) Administer the parole and probation system;

(2) Exercise general supervision over all parolees, and

probationers;

(3)

Promote

the

correction

and

rehabilitation

of

offenders; and

(4) Such other function as may hereafter be provided

by law.

SECTION 24. Structural and Personnel Organization .

—

(1)

The

Administration

shall

be

headed

by

an

Administrator who shall be immediately assisted by a

Deputy Administrator. The Administrator and Deputy

Administrator shall be appointed by the President upon

the recommendation of the Secretary.

The appointees to the positions of Administrator and

Deputy

Administrator

must

be

holders

of

a

doctoral/masteral degree in public administration and/or

lawyers with at least one year of supervisory experience in

probation work.

(2) The Administration shall have a Technical Service

under the Office of the Administrator which shall serve as

the service arm of the Board of Pardons and Parole in the

supervision of parolees and pardonees.

The

Board

and

the

Administration

shall

jointly

determine the staff complement of the Technical Service.

(3)

The

Administration

shall

likewise

continue

to

operate and maintain a Regional Office in each of the

administrative regions including the National Capital

Region and also a probation and parole office in every

province and city of the country.

The

Regional,

Provincial

and

City

Offices

of

the

Administration

shall each be headed by a Regional

Probation and Parole Officer, Provincial/City Probation

and Parole Officer, respectively, all of whom shall be

appointed by the Secretary upon the recommendation of

the Administrator.

The Provincial or City Probation and Parole Officers

shall be assisted by such field assistants and subordinate

personnel as may be necessary to enable them to carry

out their duties and functions. For this purpose, the

Administrator may appoint citizens of good repute and

probity to act as Probation and Parole Aides who shall not

receive

any

regular

compensation

for

their

services

except reasonable travel allowance.

SECTION

25.

Applicability

of

P . D .

No .

968,

as

amended . — The Provisions of P.D. 968 otherwise known

as the Probation Law of 1976 shall continue to govern the

operation

and

management

of

the

Administration

including

the

enumeration

of

functions

and

qualifications

for

appointment

of

the

Administrator,

Deputy

Administrators,

Regional,

Provincial

and City

Probation

Officers

and

their

assistants

and

other

subordinate personnel not inconsistent with this title.

© Compiled by RGL

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