Non-Institutional Correction (Community Based Correction)

Refer to the method of correcting sentenced offenders without having to go to prison.

The advantage of this is that it is less costly on the part of government; the offender’s family need not be suffer.
Parole
Act 4103, The indeterminate Sentence Law as amended, authorizes the Board of Pardons and Parole to grant parole to a
prisoner who has served the minimum sentence of his indeterminate prison term Parole is a conditional release from prison of a
prisoner who has served part of his sentence, allowing the prisoner to complete his term of punishment outside the prison if he
satisfactorily complies with the terms of the parole.

Who may apply?

A convicted offender.
 Not convicted of offense punished with death penalty or life imprisonment;
 Not convicted of treason, conspiracy or proposal to commit treason;
 Not convicted of misprision of treason, rebellion, sedition or espionage
 Not convicted of piracy;
 Not a habitual delinquent;
 Not having escaped from confinement or evaded sentence;
 Granted conditional pardon by the chief executive and has not violated the terms therof;
 Whose maximum term of imprisonment exceeds one year or those with a definite sentence;
 Not suffering from mental disorder;
 Whose conviction has become final and executor;
 With no pending case

When to apply?
Upon approving that the prisoner, who is confined in a jail or prison to serve an indeterminate prison sentence, has served the
minimum period of said sentence.
Where to apply?

The executive director of the chairman, Board of Pardons and Parole, DOJ Agencies Bldg, Diliman, Quezon City.

Probation
History:
Probation was first legally established in the United States, but to trace its origin one must turn to earlier schemes for
humanizing criminal justice under the common law of England.

Forerunners of Probation

a. Benefit of Clergy
- The earliest device for softening brutal severity of punishment seems to have the “Benefit of Clergy”
- Dating back to the reign of Henry II in the 13 century, it originated in a compromise with the Church which had maintained
that a member of the clergy brought to trail in a King’s Court might be claimed from that jurisdiction by the bishop or
chaplain representing him, on the ground that he, the prisoner was subject to the authority of the ecclesiastical courts
only.
- The benefit resulting from this compromise which maintained jurisdiction in the King’s Court was greater leniency in
sentencing, and particularly escapes from the death penalty.

b. Judicial reprieve
- Another device for modifying the severity of the law was a temporary withholding of sentence, much used by the early
English judges.
- This practice grew up at a time when new trial or appeals to another court were impossible under the common law, but it
continued in use thereafter. Early in the seventeenth century, with the establishment of settlements in America, English
courts began to grant reprieves to prisoners under sentence of death on condition that they accept deportation.

c. Recognizance
- An even older method of suspending or deferring judgment, the direct ancestor of probation, was recognizance of “binding
over for good behavior,” this was based on an ancient practice developed in English in the fourteenth century.

d. Transportation
- Any description of the treatment of crime in England must include the system of transportation to her colonies which grew
from the ancient practice of banishment and flourished for more than two hundred years as a principal method of
disposing of offenders.

Probation in England
Early in the nineteenth century the English magistrates initiated experiments to save young and inexperienced offenders from
the stigma of prison. They made use of the latitude allowed them under the common law to bind over defendants, who should be
brought back for sentence if the conditions of release were violated.
Mathew Davenport Hill is considered the “Father of Probation in England.” He focuses on the juvenile offenders.

Probation in America
The first practical demonstration of probation, the first use of the term as a court service, and the enactment of the first
probation law occurred in Massachusetts.
With the effort of John Augustus, Boston shoe cobbler is credited as the “Father of Probation.” In 1841 he persuaded the
Boston Police Courts to release an adult into his custody rather than sending him to prison- the prevalent means of dealing with law
violations at that time. In 1843, Augustus broadened his efforts to children when he took responsibility for two girls, ages eight and ten,
and an 11 year old boy, all whom had been accused of stealing. His efforts are credited with the establishment of the Presentence
Investigation. Augustus coined the word “Probation” which he derived from the Latin word “Probare” which means “to prove, to test”. At
his death, it was noted that of the 2,000 people he helped only four proved unworthy (for which he forfeited bail).

Probation in Philippines
Probation was first introduced in the Philippines during the American colonial period (1898-1945) with enactment of Act No.
4221 of the Philippine Legislature on August 7, 1935. This was created a Probation Office under Department of Justice. On November
16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the law’s procedural framework.
Until on July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into law by the
President of the Philippines. From Probation Office it was changed into Parole and Probation Administration with the administrator in
the person of Ismael Herradura.

Probation Terminology
Amicus Curiae mean a “friend of the court”. (A Parole and Probation Administration (PPA) official, upon written invitation or order of
the Trial Court, may appear as amicus curiae on any probation investigation and supervision issue, concern or matter only not on legal
questions, the latter issue being within the province of the courts to decide or resolve.

Petitioner is a convicted and sentenced offender who applies for probation.

Post-sentence Investigation is an inquiry conducted by a probation Officer on an a court referral to gather information about a
petitioner for probation relative to his character, antecedents, environment, mental and physical condition, and the available
rehabilitative institutional and community resources.
Probation is disposition under which the defendant, after conviction and sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer.
Probationer is a person who is placed under probation.
Probation aides are citizens of good standing in the community who volunteer to assist the parole and Probation officer in the
supervision of a number of probationers and parolees in their respective communities.
Probation Office is refers either to the Provincial or City probation office directed to conduct investigation or supervision referrals as
the case may be.
Probation officer is public officer who investigates for the trial court a referral for probation or supervises a probationer or does both.
Probation order refers to the order of the trial court granting probation.
Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime
embraced in the same title of the Revised Penal Code.
Trial Court refers to the Regional trial court (RTC) of the Province or City/Municipal Court which has jurisdiction over the case.

Probation
Is a judicial act that allows a convicted criminal to remain free in society instead of serving a sentence in prison. Probation is
most frequently granted by a judge to people who have been convicted of an offense other than the most serious crimes, such as
armed robbery, murder, or rape.

Purpose of probation
- To promote the correction and rehabilitation of an offender by providing him with individualized treatment
- To provide an opportunity for the reformation of a penitent which might be less probable if he were to serve a prison
sentence
- To prevent the commission of offense

THE BENEFITS OF PROBATION

 Probation protects the society:
- From the excessive costs of detention
- From the high rate of recidivism of detained offenders
 Probation protects the victim:
- It provides restitution
- It preserves justice
 Probation protects the family:
- It does not deprive the wife and children of husband and father
- It maintains the unity of the home
 Probation assist the government:
- It reduces the population of prisons and jails
- It lessens the clogging of courts
- It lightens the load of prosecutors
- It sustains law enforcement
 Probation helps the offender:
- It maintains his earning power
- It provides rehabilitation in the community
- It restore his dignity
 Probation justifies the philosophy of men:
- That life is scared
- That all men deserve a second chance
- That an individual can change
- That society has a moral obligation to lift the fallen

Pardon
Pardon is a form of executive clemency granted by the President as a privilege extended to a convict as a discretionary act of
grace. Neither the legislative nor the judiciary branch of Government has the power to set conditions or establish procedures for the
exercise of this Presidential prerogative. It is lightly political in nature and is usually granted in response to popular clamor or to aid in
the return to normally of a political situation that might affect the country if not addressed.

Two kinds of Pardon

1. Absolute Pardon – is one which given without any condition attached to it. And it granted upon the recommendation of
Board of Pardons and Parole to the President though the Secretary of Justice
2. Conditional Pardon – it serves the purpose of releasing though executive clemency, a prisoner who is already reformed
of rehabilitated but who be paroled because e parole law does not apply to him.
Under Article 95 of the revised penal code stated that any person who has been granted conditional Pardon shall incur the
obligation of complying strictly with the conditions imposed therein, otherwise, his non-compliance with any of the conditions specified
shall be result in the revocation of the Pardon and Provision of Art. 159 shall be applied.
 In Art 159 shall be imposed upon the council who, having been granted conditional pardon by the Chief executive, shall be
violate any of the conditions of such pardon.

PURPOSE OF ABSOLUTE PARDON

1. To Right The Wrong
2. To normalize a tumultuous political situation
3. To do away with the miscarriage of justice
4. To keep abreast with the current philosophy, concept or practice of criminal Justice administration
5. To restore full political and civil rights of persons who have already served their sentence and waited the prescribe period
DIFFERENCE BETWEEN PARDON AND AMNESTY
Pardon includes any crime it is exercised individually by the chief executive and exists when the person is already convicted,
while amnesty is a blanket pardon granted to a group or prisoners, generally political prisoners, and it may be given before the trial or
investigation is held.

LIMITATIONS OF THE PARDONING POWER

1. Pardon cannot be extended in case of impeachment. (Art. VII Sec 10, Par 2 of the Constitution of the Philippines)
2. Non pardon, parole or suspension of sentence for the violation of any election law be granted without the favorable
recommendation of the Commission on Election. (Art. X Sec 2, Par 2 of the Constitution of the Philippines)
3. Pardon is exercised only after conviction.
CONDITION PARDON DISTUINGUISHED FROM ROLE
The only difference between of the two is the granting authority. Parole, granting authority is the Board of Pardons and Parole,
while in conditional Pardon, then granting authority is the President.

Amnesty- comes from the Greek word “AMNESTIA”, is a legislative or execution act by which a state restores those who may have
been guilty of an offense against it to the position of innocent people.

- It is also extended to a certain group of people who are usually political offenders.
- On the other hand, amnesty needs the concurrence of congress and the court also takes judicial notice of the act by the
President. And it can be granted before and after conviction by the courts.

Purposes of Amnesty
- An amnesty may be extended when the authority decides that bringing citizens to compliance with a law is more important
than punishing them for the past offenses.
- It also hasten a country’s return to political normalcy by putting behind it the animosities of the past through a pardon that
will open the door to living normal lives of the groups of people targeted by the amnesty.

Laudations the grant of Amnesty

a. He must be take an oath of allegiance to the Republic of the Philippines and swear or affirm to support and defend the
constitution of the Philippines.
b. He must surrender whatever firearm and/or explosive and ammunition he may have in his possession.
Reprieve
- Is a temporary stay of the execution of sentence
- It is also a hall or post pineal of a punishment especially to the death penalty.
- It is just like a pardon, also can only exercised by the president when the sentence becomes final.
- In generally, reprieve is extended to death penalty of a prisoners because of the execution of sentence is setback several
days of the chief execution to study the petition of the condemned man to the commutation of sentence or pardon.

Commutation of Sentence
Commutation of sentence shall refer to the reduction of the duration of a prison sentence. It is another prerogative of the
President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. So commutation of
sentence is some kind of a leveling mechanism to temper or balance. Commutation of sentence also benefits inmates sentenced to a
fixed or determinate sentence, which renders him or her ineligible for parole. Commutation of sentence changes the original fixed
sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released on parole.

Requirements for Commutation sentence:

a. The petitioner must have serve at least (1/3) of the minimum of his indeterminate sentence or the following portion of his
prison sentence consisting of reclusion perpetual (life imprisonment)
b. At least ten years (10 years) if convicted to robbery with homicide, robbery with rape or kidnapping with murder.
c. At least eight years (8years) if convicted of simple murder or paraside, rape or violation of anti drug law.
d. At least twelve years (12 years) if given two (2) or more sentence for reclusion perpetual.
e. At least twenty years (20 years) in case of one (1) death sentence automatically commuted to reclusion perpetual
f. At least twenty-five (25 years) in case of two (2) sentence for reclusion perpetual; provided that at least one (1) of the sentence
had been automatically commuted from the death sentence.

 For conditional pardon, the petitioner must have serve at least one-half (1/2) of minimum of his indeterminate sentence for the
following portion of his prison sentence

a. At least two (2) years of minimum of sentence if convicted of murder or parricide but not sentence of perpetual
b. At least one (1) year of the minimum of sentence if convicted of homicide
c. At least nine (9) months if convicted to frustrated
d. At least six (6) months if convicted of attempted homicide

 Absolute pardon, ten years (10) must have elapse from the date release of the petitioner from confinement or five (5) years
from the date expiration of his maximum sentence whichever is more beneficial to him.
PARDON
Pardon is a form of executive clemency granted by the President of the Philippines as a privilege extended to a convict as a
discretionary act of grace. Neither the legislative nor the judiciary bran of the government has the power to set conditions or established
procedures for the exercise of this Presidential prerogative.

Elements of pardon:
 - It is extended after conviction
- It is grant by the President of the State
- It is a contract between the chief executive and the person being pardon

Pardon Effects:
Article 36, Pardon; its Effects – a pardon shall not work the restoration of the right to hold public office, or the right of suffrage
unless such right expressly restored by the term of pardon.
A pardon shall in no cases exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.
Table showing the duration of divisible penalties and the time included in each of their periods. Art. 76 of the Revised Penal Code
Penalties Time included in the Time included in its Time included in its Time included in its
penalty in its entirely minimum period medium period maximum period
Reclusion Temporal From 12 years and I From 12 years and 1 From 14 years, 8 From 17 years, 4
day to 20 years day to 14 years and months and 1 day to months and 1 day to
8 months 17 years and 4 20 years
months
Prision mayor; From 6 years and 1 From 6 years and 1 From 8 years and 1 From 10 years and 1
absolute day to 12 years day to 8 years day to 10 years day to 12 years
disqualification and
special temporary
disqualification.
Prision correctional, From 6 months and From 6 months and I From 2 years, 4 From 4 years, 2
suspension and 1 day to 6 months day to 2 years and 4 months and 1 day to months and I day to
destierro months 4 years and 2 6 years
months.
Arresto mayor From 1 month and I From 1 to 2 months From 2 months and I From 4 months and
day to 6 months day to 4 months 1 day to 6 months
Arresto menor From 1 to 30 days From 1 to 10 days From 11 to 20 days From 21 to 30 days

Rules on grant of probation

1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence and place the
defendant on probation, upon application by the defendant within the period for perfecting an appeal.
2. Probation may be granted whether the sentence imposes a term of imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of
conviction.
4. Filing of application for probation operates as waiver of the right to appeal.
5. The application shall be filed with the trial court, and the order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.