Parole vs. Probation

	Parole	Probation
Applicable Law	ISL (RA 4103, as amended)	Probation law (PD 968)
When to apply	When Minimum of the Indeterminate Sentence served	Within the period for perfecting the appeal of TC decision
Who qualified	Those who served the minimum of the indeterminate sentence	First time minor offenders under RA 9165 (even if period of imprisonment is higher than allowed, but discretionary on the court) Child in Conflict with the Law (RA 9344)
Who are Disqualified	Sentenced to a term of imprisonment of one year or less Sentence is a straight penalty Prison Sentence w/o  a minimum term of imprisonment (when no ISL?)	Sentenced to serve a maximum term of imprisonment for more than 6 years Convicted of subversion/any offense against the security of the state/public order Previously convicted by final judgment of offense punishable by imprisonment of NOT LESS THAN 1 M,1D or a FINE FOF NOT MORE THAN P200 Those who already availed of probation before Drug traffickers and drug pushers under RA 9165 Those who are already serving sentence Those who have already appealed
Conditions of granting	WON the minimum of the indeterminate sentence served Physical/mental/moral record of the prisoner Report of prisoner's work and conduct shows REASONABLE PROBABILITY that the prisoner will and remain at liberty w/o violating the law	Should have already been convicted of final judgment punishable by 6 years or less  prison term Should have not appealed Not disqualified
Conditions pending grant	Upon release, should report to the designated parole officer for period of surveillance	Upon issuance of Probation Order by the Court, probationer should: Present himself to the probation officer designated to undertake his supervision w/n 72h from receipt of the order Report at least 1x/m Other conditions as the court may require which should not infringe on probationer's consti rights and should help the probationer develop into a law-abiding citizen.
Who grants	Board of Pardons and Parole	RTC which convicted
Effect	After serving the minimum of his indeterminate sentence, the prisoner is released and is required to report to his designated parole officer until final release and discharge by the Board is issued	A person is convicted of a criminal offense but is not sent to prison and is placed under the supervision of a probation officer subject to the conditions which the court may impose
Duration	During period of surveillance Remaining portion of maximum sentence imposed Until final release and discharge of Board	If sentence not more than 1 year: should not exceed 2 years If sentence  1 yr or more: shall not exceed 6 years If fine only + subsidiary penalty: shall not be less or more than 2x the total number of days of subsidiary imprisonment
What if violate conditions	Shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum of his sentence	The convict shall serve the penalty imposed in the sentence

Would have been punished lightly, if not for the law...

• Accomplices in rape, acts of lasciviousness, abduction, seduction, corruption of minors, white slavery are treated as PRINCIPALS
• Accessories in theft and robbery, who profitted from the proceeds of the crime, and knew or should have known that the objects were fruits of the crime, would be liable as PRINCIPALS of Fencing (actually, just violators of Anti-Fencing law)
• Accessories who aids pirates or highway robbers/brigands or abets piracy or highway robbery/brigandage under PD 532 are treated as ACCOMPLICES
• Accessories who use counterfeit seal of RP, stamp or signature of the Chief Executive (so there's already a crime - forging) are in effect treated as ACCOMPLICES (punished 1, instead of 2, degrees lower than the principal who forged)
• Under dangerous drugs act, those who allow their house to be used as a drug den (would have been an accomplice) is treated as a  PRINCIPAL (violator of Section 6)
• Under dangerous drugs act, public officials who benefit fromt he proceeds of the trafficking of dangerous drugs (would have been an accessory) is liable as a PRINCIPAL (violator of Section 27)
• Under dangerous drugs act, cuddling of violators (would have been an accessory) is liable as PRINCIPAL (violator of Section 30)
• Concealing a Traitor in Treason (would have been an accessory) is liable as PRINCIPAL (Misprison of Treason)

>>>disclaimer: posted these here so that it would be easier for me to find it when I need to print it. And easier to edit too...

*note that PRINCIPAL/ACCOMPLICE/ACCESSORY is only used in RPC and generally not in Special laws