Probation vs Parole: How They Differ
Quick answer
Probation and parole both let a convicted person live outside prison under supervision, but they come at different moments and from different bodies. Probation is granted by the trial court instead of prison, and the person must apply within the period to appeal. Parole is granted by the parole board to a prisoner who has already served the minimum of an indeterminate sentence. The two laws are Presidential Decree No. 968 (the Probation Law, as amended by Republic Act No. 10707) and Act No. 4103 (the Indeterminate Sentence Law, as amended).
| Aspect | Probation | Parole | Legal basis |
|---|---|---|---|
| What it is | After conviction and sentence, the defendant is released subject to conditions imposed by the court and to the supervision of a probation officer (PD 968, Sec. 3). The trial court suspends the execution of the sentence (Sec. 4, as amended). | A prisoner who has served the minimum of an indeterminate sentence is released on terms and conditions, if the board finds him fit for release (Act No. 4103, Sec. 5). | |
| When it happens | Before serving the sentence. The application must be filed within the period for perfecting an appeal (PD 968, Sec. 4, as amended by RA 10707). | After serving the minimum penalty imposed under the Indeterminate Sentence Law (Act No. 4103, Sec. 5). | |
| Who decides | The trial court that convicted the defendant. Its order granting or denying probation cannot be appealed (Sec. 4). | The parole board, in its discretion (Act No. 4103, Sec. 5). Republic Act No. 4203 created the Board of Pardons and Parole. | |
| Effect on the appeal | Filing the application is deemed a waiver of the right to appeal. No application is granted after an appeal is perfected, except when the appeal lowers the penalty to a probationable one (Sec. 4). | Not linked to the appeal: parole comes only after part of the sentence has been served. | |
| Main limits on the sentence | Not available if the maximum term of imprisonment imposed is more than six years (Sec. 9(a), as amended). | The Indeterminate Sentence Law does not apply when the maximum term is one year or less, or to offenses punished with death or life imprisonment (Act No. 4103, Sec. 2). RA 9346 bars parole for persons convicted of offenses punished with reclusion perpetua (Sec. 3). | Article 27, Revised Penal Code |
| Others excluded | Those convicted of crimes against national security; those previously convicted by final judgment of an offense punished by more than six months and one day of imprisonment and/or a fine of more than ₱1,000; those once on probation (Sec. 9, as amended). | Among others, those convicted of treason, rebellion, sedition, espionage or piracy, habitual delinquents, those who escaped from confinement or evaded sentence, and those who violated a conditional pardon (Act No. 4103, Sec. 2). | |
| How long supervision lasts | Not more than two years if the prison term imposed is one year or less; not more than six years in all other cases (PD 968, Sec. 14). | For the remaining portion of the maximum sentence, or until final release and discharge (Act No. 4103, Sec. 6). | |
| How it ends | Final discharge restores the civil rights lost or suspended because of the conviction and totally extinguishes the criminal liability for the offense (Sec. 16, as amended). | If the parolee obeys the conditions during surveillance, the board may issue a final certificate of release (Act No. 4103, Sec. 6). |
What is probation?
Under Section 3 of PD 968, 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. Section 4, as amended, lets the trial court suspend the execution of the sentence and place the defendant on probation upon application filed "within the period for perfecting an appeal". Under Rule 122, Section 6 of the Rules of Criminal Procedure, an appeal must be taken within 15 days from promulgation of the judgment.
Filing the application is deemed a waiver of the right to appeal, and an order granting or denying probation cannot be appealed. Since Republic Act No. 10707 (2015), a person who appealed may still apply if the appeal changed a non-probationable penalty into a probationable one. The Supreme Court had reached the same result in Colinares v. People (2011). For the details, see probation in the Philippines and the glossary entry probation.
What is parole?
Parole is tied to the indeterminate sentence. Section 1 of Act No. 4103, as amended by Act No. 4225, tells the court, when it imposes a prison sentence for a crime under the Revised Penal Code, to set a maximum term and a minimum term "within the range of the penalty next lower to that prescribed by the Code for the offense". Section 5 then provides that when a prisoner has served the minimum penalty, the board may, in its discretion, authorize his release on parole if he is fitted for release, there is a reasonable probability that he will live and remain at liberty without violating the law, and the release is not incompatible with the welfare of society.
Republic Act No. 4203 created a Board of Pardons and Parole, composed of the Secretary of Justice as chairman and four members appointed by the President. This page does not describe the board's present rules or forms.
Who cannot get them?
The two laws have different lists.
| Probation is not available to (PD 968, Sec. 9, as amended) | The Indeterminate Sentence Law does not apply to (Act No. 4103, Sec. 2, as amended) |
|---|---|
| Those sentenced to a maximum term of imprisonment of more than six years | Those convicted of offenses punished with death penalty or life imprisonment |
| Those convicted of any crime against national security | Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition or espionage |
| Those previously convicted by final judgment of an offense punished by imprisonment of more than six months and one day and/or a fine of more than ₱1,000 | Those convicted of piracy, and habitual delinquents |
| Those once on probation under the decree | Those who escaped from confinement or evaded sentence, and those who violated a conditional pardon |
| Those already serving sentence when the decree became applicable | Those whose maximum term of imprisonment does not exceed one year, and those already sentenced by final judgment when the Act was approved (except as its Section 5 provides) |
Republic Act No. 9346 adds one more rule for parole. Its Section 3 says persons convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it by reason of that Act, "shall not be eligible for parole under Act No. 4103". See Article 27 for reclusion perpetua.
How long does supervision last?
- Probation. Under Section 14 of PD 968, the period of probation does not exceed two years when the prison term imposed is not more than one year, and does not exceed six years in all other cases.
- Parole. Under Section 6 of Act No. 4103, the parolee reports for a period of surveillance equal to the remaining portion of the maximum sentence, or until final release and discharge.
What happens at the end, or after a violation?
A probationer who completes probation may be finally discharged by the court. Under Section 16 of PD 968, as amended, the final discharge restores all civil rights lost or suspended because of the conviction and totally extinguishes the criminal liability for the offense.
A parolee who obeys the conditions during surveillance may receive a final certificate of release from the board (Section 6). A parolee who violates a condition may be re-arrested on the board's order, and then "shall serve the remaining unexpired portion of the maximum sentence", unless the board grants a new parole (Section 8, as amended by Act No. 4225).
Good conduct time allowances are a separate system that shortens the time served. See GCTA: good conduct time allowance.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Nestor is convicted of estafa and sentenced to a maximum of 6 months. He has no prior conviction. Instead of appealing, he applies for probation within 15 days from promulgation. If the court grants it, he does not go to jail but must follow the conditions set by the court.
Cora is sentenced to an indeterminate penalty with a maximum of more than six years, so she cannot get probation. After she serves the minimum term, the board may consider her for parole, if no exclusion in Act No. 4103 or RA 9346 applies.
Ben is on parole and stops reporting as required. The board may order his re-arrest, and he may have to serve the rest of his maximum sentence in prison.
See also the topic page on criminal liability basics.
When do you need a lawyer?
Talk to a lawyer right after a conviction, because the window to apply for probation is the same short window to appeal, and choosing one closes the other. A lawyer can also check whether a sentence allows parole and what the board requires. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is the difference between probation and parole?
Probation is granted by the trial court instead of prison: the convicted person applies within the period to appeal and, if granted, does not serve the sentence in jail. Parole comes later: a prisoner who has served the minimum of an indeterminate sentence may be released by the parole board under Act No. 4103.
Who grants probation and who grants parole?
The trial court grants or denies probation, and its order cannot be appealed (PD 968, Section 4). Parole is granted by the board under the Indeterminate Sentence Law. Republic Act No. 4203, amending that law, created the Board of Pardons and Parole.
Can a person sentenced to more than six years get probation?
No. Section 9 of PD 968, as amended by Republic Act No. 10707, excludes those sentenced to a maximum term of imprisonment of more than six years. Parole under the Indeterminate Sentence Law may be possible after the minimum is served, unless another exclusion applies.
Is a person sentenced to reclusion perpetua eligible for parole?
No. Section 3 of Republic Act No. 9346 says persons convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it by reason of that Act, are not eligible for parole under Act No. 4103.
What happens if a parolee violates the conditions?
Under Section 8 of Act No. 4103, as amended, the board may order the parolee's re-arrest. He then serves the remaining unexpired portion of the maximum sentence, unless the board, in its discretion, grants a new parole.
Does probation erase the conviction?
Section 16 of PD 968, as amended, says the final discharge of the probationer restores all civil rights lost or suspended because of the conviction and totally extinguishes the criminal liability for the offense for which probation was granted.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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