WEEK 2

THE CONCEPT OF NON-INSTITUTIONAL CORRECTIONS

INTENDED LEARNING OUTCOMES (ILO):

At the end of the learning period, the students should be able to:
1. Recognize the concept of non-institutional corrections or community-based
corrections.

2. Define corrections and its role as a component of the Criminal Justice System.
3. Know the history of community-based corrections.

Hey there! I sincerely welcome you to the 2nd Semester of the Academic Year 2020-2021. How
have you been for the past few weeks? I hope you’re doing fine despite all the chaos happening
around us. This second semester, under the Correctional Administration, we’ll be talking about
Non-Institutional Corrections. You’ll learn different ways to decongest prisons’ overcrowding,

community-based corrections, its application, and its importance to our correctional system. So,
shall we begin?

During the 1960s, prison overcrowding started to become a national problem. As a result, there
was an increase in community-based corrections, also referred to as deinstitutionalization or
decarceration. Under community-based corrections, numerous programs are utilized to place
offenders into the community to serve their sentences.

These offenders are typically non-violent, low-level criminals. The idea behind community-based
corrections is that successful rehabilitation of offenders can only occur in the real world.
Moreover, the policy behind community corrections is that offenders will subsequently return to
the real world, so it's appropriate to try and provide rehabilitation in the community.
(Community-Based Corrections: Programs & Types, 2020).
Professor’s Discussion: Community-based corrections, also known as non-institutional corrections,
was utilized to decongest prisons’ overcrowding. The number of offenders doubled now, prisons
are getting overcrowded. The best way to lessen the number of inmates inside the prisons is to let
them serve their sentence outside or in the community, provided that they adhere to certain

rules and limitations set by the government. So, for your better understanding, let me explain first
what we mean by corrections.

CORRECTIONS is the branch and the 4th pillar of the Philippine Criminal Justice System charged
with the responsibility for the custody, supervision, and rehabilitation of convicted offenders.

Among the five pillars of the criminal justice system, corrections are the least understood and
known. The community seems to hesitate to look at it, although its role in rehabilitating offenders
cannot be overlooked. Moreover, jail administration and control in our country are distributed to
at least four agencies:

1. The BUREAU OF CORRECTIONS (BUCOR), under the DOJ; which has supervision over the
national penitentiary and its penal farms:

2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG, has exclusive
control over all city, municipal nationwide; and district jails.

3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective
provincial and sub-provincial jails; and

4. The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), takes care of, among
others, youth offenders entered in detention centers for juvenile.

There are two kinds of CORRECTIONS APPROACHES in the Philippines.

1. Institutional Corrections – Rehabilitation of offenders in jail or prison. Meaning, offenders are

being incarcerated inside jails and prison or what we call imprisonment.

2. Community-Based Corrections – correctional activities in the community that directly

addressed the offender and aimed at helping him become a law-abiding citizen.

Professor’s Discussion: So, apparently, not all convicted wrongdoers/ criminal offenders need to
carry out their punishment in jail. Some are permitted to remain in the community, subject to

conditions imposed by the public authority/government. Under the Revised Penal Code as
amended, some crimes need not be served by imprisonment. There can be applied for
probation, subject to the court’s sound discretion having jurisdiction of the case. They can also
be under parole, conditional pardon, or recognizance.

What is Community-Based Corrections?

It is a sanction in which offenders serve their sentences in the community. It is sometimes referred
to as non-institutional corrections—the subfield of corrections in which offenders are supervised
and provided services outside jail or prison.

Community-Based/Non-institutional corrections refers to correcting sentenced offenders without

going or staying in prison.

Brief History of Community-Based / Non-Institutional Corrections

Community-based corrections programs began in the 1970s, 1980s, and 1990s. The programs
offer an alternative to incarceration within the prison system. Many criminologists believed a
significant number of offenders did not need incarceration in high-security prison cells. Some
inmates, who might otherwise have been ready to turn away from a life of crime, instead
became like the hardened criminals they associated within the prison.
In response, states, countries, and cities established community-based programs. These
programs allowed offenders to be on an early release or serve their sentence outside of prison,
which was an effective way to decongest overcrowding prisons.

In our country, there are several laws, decrees, and circulars that we implement to decongest
our jails. Prison/Jail overcrowding is not a new dilemma, nor is it confined in the Philippines alone.
Prison/Jail overcrowding is worldwide. This has been a problem for most third-world countries.

Prison/Jail overcrowding in the Philippines, especially in big cities and municipalities, has been a
continuing problem ever since. This problem has been affecting a lot of sectors in our country as
well as the effectiveness of our corrections system. To remedy this situation, our Government
decided to establish the OPLAN DECONGESTION.

On February 17, 1993, The DOJ launched a jail decongestion program designed to facilitate the
release of inmates. To implement the program, a Memorandum of Agreement was entered into
between and among the Public Attorney’s Office (PAO), National Prosecution Service (NPS),

BJMP, and the three corrections agencies of the DOJ – BuCor, PPA, and BPP. The Agreement
aims to help the government decongest jails, unclog court dockets, provide detention prisoners
with a fair and speedy trial, provide access to the programs of probation and parole, and lessen
expenditures for prisoners’ daily maintenance and subsistence. (Alvor, 2017)

According to the program, the PPA conducted 3,858 jail visits with the view of assisting detention
prisoners to avail of the benefits of probation, parole, or executive clemency. Through PPA’s
interviews with inmates, 6,239 inmates were found to be qualified for probation, 2,079 for parole
and executive clemency, while 3,119 records were referred to the PAO for assistance in the
preparation and filing of petitions for probation. (Alvor, 2017)

The BJMP has also launched its own OPLAN Decongestion Programme which seeks to help
 inmates avail themselves of the benefits of the applicable laws and such other legally
recognized means for their early release from incarceration. (Alvor, 2017)

Professor’s Discussion: To be effective, community-based programs / non-institutional corrections

must be anchored strongly with acceptance and full support of the community. These
community-based programs are not only valuable for the offenders but also a big help to our
government. In a way that it could also prevent future criminal behavior through limiting and
monitoring offenders serving their sentences outside the prison.

SUMMARY:

1. Different community-based corrections programs were initiated in the 1970s, 1980s,

and 1990s. The programs offer an alternative to incarceration within the prison system. 2.
It was on February 17, 1993 that the prison/jail decongestion program was launched to
facilitate the release of inmates.

3. Prison/Jail administration and control in our country is distributed to at least four

agencies: BUCOR-BJMP-PROVINCIAL GOVERNMENT-DSWD.

4. There are two types of corrections approaches in the Philippines: INSTITUTIONAL and
NON-INSTITUTIONAL.

Reference

● Kenan12. (2018, November 21). Unhandcuffed. Retrieved February 15, 2021, from

https://www.tekportal.net/unhandcuffed/

● Community-Based Corrections: Programs & Types. (2020, November 10). Retrieved from

https://study.com/academy/lesson/community-based-corrections-programs-types.html. ● THE

PHILIPPINE CORRECTIONS SYSTEM: CURRENT SITUATION AND ISSUES. (Alvor, M.)Retrieved from:

http://my.spc.edu.ph:70/e_books/crim/institutional%20correction.pdf
● Corrections - Community-based Corrections. (n.d.). Retrieved February 15, 2021, from

https://law.jrank.org/pages/12055/Corrections-Community-based-corrections.html
 WEEK 3
THE DIFFERENCE BETWEEN INSTITUTIONAL CORRECTIONS
AND NON-INSTITUTIONAL/ COMMUNITY-BASED
CORRECTIONS

INTENDED LEARNING OUTCOMES (ILO):

At the end of the learning period, the students should be able to:
1. Recognize the difference between Institutional Corrections and Non-Institutional
Corrections.
2. Identify the advantages of Non-institutional Corrections / Community-Based
Corrections.
3. Identify the functions of the Department of Justice as the primary law agency in the
country.

THE DIFFERENCE BETWEEN INSTITUTIONAL CORRECTIONS AND NON-INSTITUTIONAL/

COMMUNITY-BASED CORRECTIONS

INSTITUTIONAL CORRECTIONS NON-INSTITUTIONAL

CORRECTIONS

● Institutional corrections is when ● Community-based corrections is

offenders are being supervised in an when the offender is being
institution (jails and prisons) supervised outside of an institution
such as probation and parole.

● Institutional corrections involve incarceration and pardon, probation, and parole activities that
rehabilitation of adults and juvenile offenders are not directly related to institutional care.
● Community-based corrections include

ADVANTAGES OF NON-INSTITUTIONAL CORRECTIONS / COMMUNITY-BASED CORRECTIONS:

 1. Family members need not be victims also of the imprisonment of a member
because the convict can continue to support his family, not to be far away from
his children; (Foronda, 2011)

2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who
will only influence him to a life of crime; (Foronda, 2011)
3. Rehabilitation can be monitored by the community thus corrections can be
made and be more effective; (Foronda, 2011)

4. Cost of incarceration will be eliminated which is extremely beneficial

especially to a cash-strapped government. An entire bureaucracy will be
eliminated which includes the salaries, benefits and perks of the officers and
staff, capital outlays, operating costs, maintenance of the facilities, subsistence
of inmates, and many others. (Foronda, 2011)

Professor’s Discussion: Imprisonment leads to other problems related to an

offender's stigmatization and de socialization. Often, prisons also thwart the
offenders' potentials for growth and excellence, spawn dependence, and
mistrust on their part instead. Prisons usually alienate offenders from their family,
friends and acquaintances. Due to overcrowding, prisons lead to dehumanizing
conditions, which make reintegration and re-socialization even more difficult.
Prisons will also, more often, expose an inmate to the influences and hold of
hardened criminals making him hardened instead of reformed upon release.
(Foronda, 2011)

Going to the roots of the problem should also be the concern of correctional
officers. There is a need to reexamine the problem of criminality from a social
development perspective with emphasis on the important role of social
institutions such as the family and the community. (Foronda, M., 2011)

THE ROLE OF COMMUNITY-BASED CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

 Community sentences seek to repair the harm the offender has caused the
victim or the Community, provide for public safety and rehabilitate and promote
effective reintegration. (Esmeralda, M. 2015)

Community corrections has traditionally emphasized REHABILITATION as its goal.

The staff of community correctional programs has two potentially competing
roles that reflect different goals:

a. Seeing that offenders comply with the orders of community sentences.

b. Helping offenders identify and address their problems and needs.

FUNCTIONS OF THE DEPARTMENT OF JUSTICE AS THE PRIMARY LAW AGENCY IN THE COUNTRY

The Department of Justice (DOJ) is under the executive department of the

Philippine government. It is responsible for upholding the rule of law in the
Philippines. It is the government's principal law agency, serving as its legal
counsel and prosecution arm.

Vision
A just and peaceful society anchored on the principles of transparency,
accountability, fairness, and truth.

Mission
Effective, efficient, and equitable administration of justice.

Quality Policy
“The DOJ is committed to the effective and efficient administration of justice”

As such, the DOJ shall undertake the following:

• Effective provision of services that will satisfy the needs of clients;
• Compliance with all applicable legal and regulatory requirements; and
• Regular evaluation of our risks and opportunities, feedback of clients
 and efficacy of the management system for continual improvement.

Mandate
The Department of Justice (DOJ) derives its mandate primarily from the
Administrative Code of 1987 (Executive Order No. 292). It carries out this
mandate through the Department Proper and the Department's attached
agencies under the direct control and supervision of the Secretary of Justice.

Under Executive Order (EO) 292, the DOJ is the government's principal law
agency. As such, the DOJ serves as the government's prosecution arm and
administers the government's criminal justice system by investigating crimes,
prosecuting offenders, and overseeing the correctional system.

The DOJ, through its offices and constituent/attached agencies, is also the
government's legal counsel and representative in litigations and proceedings
requiring the services of a lawyer;

implements the Philippines' laws on the admission and stay of aliens within its territory, and
provides free legal services to indigent and other qualified citizens.

Functions

1. Administration of the Criminal Justice System

The DOJ investigates the commission of crimes and prosecutes offenders
through the National Bureau of Investigation (NBI) and the National Prosecution
Service (NPS), respectively. Likewise, the DOJ administers the probation and
corrections system of the country through the Bureau of Corrections (BuCor), the
Board of Pardons and Parole (BPP), and the Parole and Probation Administration
(PPA).

2. Legal Counsel of Government

The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies, and instrumentalities, including
government-owned and controlled corporations and their subsidiaries, officials
and agents in any proceeding, investigation or matter requiring the services of a
lawyer.

EO 292 specifically designates the Secretary as Attorney-General and ex-officio

legal adviser of government-owned or controlled corporations (GOCC) and
their subsidiaries. The Secretary exercises administrative adjudicatory powers
over all controversies between/among government agencies, including
government-owned and controlled corporations, including their subsidiaries. This
power of adjudication of the Secretary originally stemmed from Presidential
Decree No. 242 and is now embodied in Sections 66 to 71, Chapter 14, Book IV
of E.O. 292. The Secretary is likewise empowered to act on all queries and/or
requests for legal advice and guidance from private parties and other officials
and employees of the government.

3. Regulation of Immigration
The DOJ provides immigration and naturalization regulatory services and
implements the laws governing citizenship and the admission and stay of aliens
through the Bureau of Immigration (BI). Also, under Administrative Order No. 142
dated August 23, 1994, the Secretary or his duly authorized representative is
authorized to act on immigration matters, including waiver of visas and
admission of aliens, except deportation matters.

Likewise, the DOJ Refugee Processing Unit (DOJ-RPU) processes applications for refugee status
of persons pursuant to the obligations of the Philippines as a signatory to the 1951 Convention
and 1967 Protocol the Status of Refugees.
4. International Cooperation
The DOJ is the central authority of the Republic of the Philippines relative to
extradition and mutual legal assistance treaties (MLAT) on criminal matters. It is
involved in several aspects of international cooperation, such as theting and
implementing legislation and agreements and negotiating extradition and MLAT.
Moreover, under Philippine Extradition Law (P.D. 1069), the DOJ handles requests
for extradition and/or mutual legal assistance and represents treaty partners in
Philippine courts.

The Department is also involved in negotiating various investment and trade

agreements with other foreign countries. The Secretary is also the ex-officio Co-
Vice Chairman of the Commission on Maritime and Ocean Affairs (CMOA)
pursuant to EO 612 and EO 612-A (2007), which is involved in the identification of
the Philippine baselines and the preparation of the submission to the United
Nations of the country's claim for extended continental shelf.

5. Provision of Free Legal Assistance

The DOJ provides free legal assistance/representation to indigents and poor
litigants as well as other qualified persons in criminal, civil, and labor cases,
administrative and other quasi-judicial proceedings, and non-commercial
disputes through the Public Attorney's Office (PAO) pursuant to RA No. 9406.

6. Alternative Dispute Resolution

With regard to conciliation and mediation, the Alternative Dispute Resolution Act
of 2004 (RA 9285) created the Office for Alternative Dispute Resolution (OADR),
which is an agency attached to the DOJ and which is tasked to promote,
develop and expand the use of alternative dispute resolution in civil and
commercial disputes.

7. DOJ functions under other laws and other executive issuances:

In addition to performing its mandate under E.O. 292, the Department is
significantly involved in the implementation of the following penal, national
security, and social welfare laws:
● The Witness Protection, Security and Benefit Act (R.A. 6981), which mandates the DOJ to
formulate and implement a Witness Protection, Security and Benefit Program for the
admission and protection of witnesses;

● Implementation of the Victims Compensation Program through the Board

of Claims created under the DOJ (RA 7309);

● Administrative Order No. 99 (1988), designated DOJ as lead implementor

of Justice System Infrastructure Program (JUSIP) that was tasked to
construct/rehabilitate decent office buildings for judges, prosecutors, public
attorneys, probation officers, and registers of deeds;

● Executive Order 180 (1987), which created the Public Sector Labor
Management Council, of which the Secretary is a member, to provide
guidelines for the exercise of the right of government employees to organize;

● The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which

created the Dangerous Drugs Boardto see to policy-making and strategy-
formulation on drug prevention and control and designated the Secretary or
his representative as ex-officio member of such Board;

● The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the
Anti-Money Laundering Council (AMLC) to which the DOJ is a support
agency through the investigation of money laundering offenses and the
prosecution of offenders. With the DOJ Anti-Money Laundering Desk (DOJ-
AMLD), the DOJ works in close coordination with the AMLC in combating
money laundering and financing terrorism;

● The Human Security Act of 2007 (RA 9372), which created and designated
the Secretary as ex-officio member thereof. Relative to this and under EO
 292, the Secretary is also an ex-officio member of the National Security
Council (NSC), which advises the President with respect to the integration of
domestic, foreign, military, political, economic, social, and educational
policies relating to national security;

● The Rape Victim Assistance and Protection Act of 1998 (RA 8505), which
mandated the DOJ to participate in inter-agency efforts to establish Rape
Crisis Centers in every city or province for the purpose of rendering
assistance to rape victims;

● The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the prosecution of persons accused
of human trafficking and for that purpose, created the Inter-Agency Council on Trafficking (IACAT), of which
the Secretary is Chairman;

● The Anti-Violence Against Women and Their Children Act of 2004 (RA
9262), which designated the Department as a member agency of the Inter-
Agency Council on Violence Against Women and their Children
(IACVAWC), the monitoring body of government initiatives to counter
violence against women and children;

● Executive Order 53 (2011) amending EO No. 275 pursuant to the Special

Protection of Children Against Abuse, Exploitation, and Discrimination Act
(RA 7610), designating the DOJ Secretary as the Chairperson of the
Committee for the Special Protection of Children;

● Anti-Child Pornography Act of 2009 (IRR of RA), designating the Secretary

of Justice as member of Inter-Agency Council Against Child Pornography
that is tasked to coordinate, monitor and oversee the implementation of
Anti-Child Pornography Act;

● Cybercrime Prevention Act of 2012 (RA 10175), the Office of Cybercrime

 within the DOJ designated as the central authority in all matters related to
international mutual assistance and extradition;

● Executive Order 45 (2011), which designated the DOJ as competition

authority that investigates all cases involving violations of competition laws
and prosecute violators to prevent, restrain and punish monopolization,
cartels and combinations in restraint of trade;

● Administrative Order 35 (2012), which designated the Secretary of Justice

as Chairperson of the Inter-Agency Committee on Extra-Legal Killings,
Enforced Disappearances, Torture and Other Grave Violations on the Right
to Life, Liberty, and Security of Persons, the body that undertakes inventory of
cases mentioned perpetrated by state and non-state forces;

● Memorandum Circular No. 68 (2014), creating an Inter-Agency Task Force

to Strengthen the Implementation of RA 8049 otherwise known as the Anti-
Hazing Law, with the DOJ Secretary as Chairperson.

Other tasks falling within the multifarious duties of the executive branch to administer the laws
devolve upon the Department through the Secretary, to wit:

● The Anti-Dummy Law (Commonwealth No. 108), as amended by

Presidential Decree 715, whereby the Secretary is empowered to authorize
the employment of aliens as technical personnel in the management of a
franchise, business or enterprise expressly reserved by law to Filipino citizens
or corporations or associations whose equity at least 60% of which is owned
by Filipinos;

● The Local Government Code (Section 187 of RA 7160) which vests in the
Secretary appellate jurisdiction over the constitutionality or legality of
 municipal tax ordinances and revenue; measures;

● Executive Order 643 (2007) which vests the DOJ with administrative
supervision over the Presidential Commission on Good Government (PCGG).

The Secretary is also an ex-officio member of the Judicial and Bar Council
(JBC) [Section 8(1), Article VIII of the 1987 Constitution], the Committee on
Privatization [AO 48 (1987)], and the National Water Resources Board (NWRB)
(EO 123, series of 2002). He is also an ex-officio director of the Power Sector
Assets and Liabilities Management (PSALM)Corporation (RA 9136, otherwise
known as the Electric Power Industry Reform Act of 2001). Under EO 648,
series of 1981, an undersecretary of the DOJ is designated as an ex-officio
Commissioner of the Housing and Land Use Regulatory Board (HLURB).

SUMMARY:

1. Institutional corrections are when offenders are being supervised in an

institution (jails and prisons).

2. Community-based corrections is when the offender is being supervised

outside of an institution such as probation and parole.

3. Imprisonment leads to other problems related to an offender's

stigmatization and de socialization.

4. The Department of Justice (DOJ) is under the executive department of

the Philippine government responsible for upholding the rule of law in the
Philippines.

REFERENCE

● Redeeming lives...restoring relationships. (n.d.). Retrieved February 15, 2021,

from https://probation.gov.ph/

● Presidential decrees. (n.d.). Retrieved February 16, 2021, from

https://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1429.ht
ml#.YDHpwdgRe M8

● Agencies :: Department of justice - Republic of the Philippines :: (n.d.).

Retrieved February 16, 2021, from https://www.doj.gov.ph/agencies.html
WEEK 4
PAROLE AND PROBATION ADMINISTRATION (PPA)
BOARD OF PARDONS AND PAROLE (BPP)

INTENDED LEARNING OUTCOMES (ILO):

At the end of the learning period, the students should be able to:
1. Enumerate the functions of the Parole and Probation Administration.
2. Enumerate the duties and responsibilities of the Board of Pardons and Parole

PAROLE AND PROBATION ADMINISTRATION (PPA)

The PAROLE AND PROBATION ADMINISTRATION - (PPA) is an attached agency of the Department
of Justice which provides a less costly alternative to imprisonment of offenders who are likely to
respond to individualized community based treatment programs. (Chan, M. (n.d.).

The Parole Probation Administration was created by virtue of Presidential Decree No. 968, “The
Probation Law of 1976”, to administer the probation system. Under Executive Order No. 292, “The
Administrative Code of 1987” which was promulgated on November 23, 1989, the Probation
Administration was renamed “Parole and Probation Administration” and given the added
function of supervising prisoners who, after serving part of their sentence in jails are released on
parole pardon with parole conditions. (Probation.Gov.Ph)

Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the Administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
(Probation.Gov.Ph)

History
Probation was first introduced in the Philippines during the American colonial period (1898–1945)
with the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law
created a Probation Office under the 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.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the
Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law
as unconstitutional. The bill was passed by the House of Representatives, but was pending in the
Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected
group of 369 jurists, penologists, civic leaders, and social and behavioral scientists and
practitioners. The group overwhelmingly endorsed the establishment of an Adult Probation
System in the country.

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.

The startup of the probation system in 1976-1977 was a massive undertaking during which all
judges and prosecutors nationwide were trained in probation methods and procedures;
administrative and procedural manuals were developed; probation officers recruited and
trained, and the central agency and probation field offices organized throughout the country.
Fifteen selected probation officers were sent to the United States for orientation and training in
probation administration. Upon their return, they were assigned to train the newly recruited
probation officers.

The probation system started to operate on January 3, 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices
spread all over the country, supervised by 15 regional offices.
Vision
A model component of the Philippine Correctional System to enhance the quality of life of its
clients through multi-disciplinary programs and resources, an efficient organization, and a highly
professional and committed workforce in order to promote social justice and development.

Mission
The PAROLE AND PROBATION ADMINISTRATION - (PPA)'s mission is to rehabilitate probationers,
parolees, and pardonees and promote their development as integral persons by utilizing

innovative interventions and techniques which respect the dignity of and recognize his divine
destiny.

Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted
offenders and prisoners who are under the probation or parole system. Under the Probation Law
of 1976, PPA is mandated to:

● Promote the correction and rehabilitation of an offender by providing him with

individualized treatment;

● Provide an opportunity for the reformation of a penitent offender which might be

less probable if he were to serve a prison sentence; and,

● Prevent the commission of offenses.

Goals
The Administration’s program sets to achieve the following goals:
1. Promote the reformation of criminal offenders and reduce the incidence of recidivism.
2. Provide a cheaper alternative to the institutional confinement of first-time offenders
who are likely to respond to individualized, community-based treatment programs.
Functions
To carry out these goals, the Agency through its network of regional and field parole and
probation offices perform the following functions:

1. to administer the parole and probation system

2. to exercise supervision over parolees, pardonees, and probationers
3. to promote the correction and rehabilitation of criminal offenders

Major Rehabilitation Programs

RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby stakeholders in a specific

offense resolve collectively how to deal with the aftermath of the offense and its implications for
the future. It is a victim-centered response to crime that provides opportunities for those directly
affected by the crime - the victim, the offender, their families, and the community - to be

directly involved in responding to the harm caused by the crime. Its ultimate objective is to
restore the broken relationships among stakeholders.

Professor’s Discussion: Restorative Justice is a philosophy specified for affected parties to

encourage them to recuperate from what happened or from the offense that has been
committed so they can proceed onward with their lives.

The VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM is a strategy by which the Parole and
Probation Administration may be able to generate maximum citizen participation or community
involvement.

Citizens of good standing in the community may volunteer to assist the probation and parole
officers in the supervision of a number of probationers, parolees and conditional pardonees in
their respective communities. Since they reside in the same community as the client, they are
able to usher in the reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and
community to each heal from the harm resulting from the crime done. They can initiate a circle
of support for clients and victims to prevent further crimes, thereby be participants in nation-
building

The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment model used in the
rehabilitation of drug offenders and other clients with behavioral problems. TC adheres to
precepts of “right living” - Responsible Love and Concern; Truth and Honesty; the Here and Now;
Personal Responsibility for Destiny; Social Responsibility (brother’s keeper); Moral Code; Work
Ethics and Pride in Quality.

Professor’s Discussion: The Therapeutic Community (TC) is an environment that helps people get
help while helping themselves. It operates in a similar fashion to a functional family with a
hierarchical structure of older and younger members. Each member has a defined role and
responsibilities for sustaining the proper functioning of the TC. There are sets of rules and
community norms that members commit to live by and uphold upon entry. The primary
“therapist” and teacher is the community itself, consisting of peers, staff/probation and parole
officers and even Volunteer Probation Aides (VPA), who, as role models of successful personal
change, serve as guides in the recovery process.

BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole is the agency in charge with the release of sentenced prisoners
based on modes specified by law. Its actions and proceedings are governed by the provisions
of Section 4 of Act No. 4103, otherwise known as The Indeterminate Sentence Law, as amended,
and Executive Order No. 292, series of 1987, otherwise known as The Administrative Code of
1987. (Foronda, 2011)

Under the provisions of Act No. 4103, as amended, otherwise known as the “Indeterminate
Sentence Law”, which was approved on December 5, 1933, it is the function of the Board of
Pardons and Parole to uplift and redeem valuable human material to economic usefulness and
to prevent unnecessary and excessive deprivation of personal liberty by way of parole or
through executive clemency.

Towards this end, the Board undertakes the following:

a. Looks into the physical, mental and moral records of prisoners who are eligible for
parole or any form of executive clemency and determines the proper time of release of
such prisoners on parole;

b. Assists in the full rehabilitation of individuals on parole or those under conditional

pardon with parole conditions, by way of parole supervision; and,

c. Recommends to the President of the Philippines the grant of any form of executive
clemency to prisoners other than those entitled to parole.

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 corrections work, and a
member of the Philippine Bar; Provided, that one of them is a woman. (officialgazette.gov.ph)

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.
(officialgazette.gov.ph)

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. (officialgazette.gov.ph)

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. (officialgazette.gov.ph)

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. (officialgazette.gov.ph)

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. (officialgazette.gov.ph)

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. (officialgazette.gov.ph)

SUMMARY:

1. Parole and Probation Administration is an attached agency of the Department of

Justice which provides a less costly alternative to imprisonment of offenders who are likely
to respond to individualized community based treatment programs.
 2. The Board of Pardons and Parole is the agency in charge with the release of
sentenced prisoners based on modes specified by law.

REFERENCE

● Kenan12. (2018, November 21). Unhandcuffed. Retrieved February 15, 2021, from
https://www.tekportal.net/unhandcuffed/

● Community-Based Corrections: Programs & Types. (2020, November 10). Retrieved from
https://study.com/academy/lesson/community-based-corrections-programs-types.html.
WEEK 5
EXECUTIVE CLEMENCY

INTENDED LEARNING OUTCOMES (ILO):

At the end of the learning period, the students should be able to:
1. Familiarize with the different forms executive clemency
2. Identify the process of application each executive clemency
3. Identify the qualifications required for each executive clemency

EXECUTIVE CLEMENCY

Professor’s Discussion: Executive Clemency refers to Absolute Pardon, Conditional Pardon with or
without parole conditions and Commutation of Sentence as may be granted by the President of
the Philippines upon the recommendation of the Board of Pardons and Parole. Under the law,
the President has the power to grant pardons, commutations, reprieves, amnesty for all offenses
except impeachment cases and remit fines and forfeitures after the recipient has been
convicted. (Foronda, 2011)

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
branch of government has the power to set conditions or establish procedures for the exercise of
this Presidential prerogative. It is highly political in nature and is usually granted in response to
popular clamor or to aid in the return to normalcy of a political situation that might affect the
country if not addressed. (Foronda, 2011)

● An act of executive clemency, by a head of a state for the purpose of exempting an

individual from the punishment imposed upon him by a court of law.
 ● It is an act of grace and the recipient is not entitled to it as a matter of right.

While the laws of every country in the world looks very good on paper and the intricate
procedures that are attendant to the application of laws are so complicated, even lawyers
find

it hard to sort out the intricacies of the law, how much more for the ordinary Filipino who is
unlettered and poor. An innocent man can be sent to con and many have suffered that fate
because of their poverty and ignorance; and many times they have been tortured by law
enforcers who just want to find a fall guy. They are motivated by a desire to present a stellar
accomplishment report and a good rating for high crime solution rate. (Foronda, 2011) To prove
his innocence, an innocent man requires the services of a lawyer whose qualification is better
than the lawyer of the other side. When that other side is wealthy, he can afford to get the
services of the best lawyers of the land that his money can buy. Sometimes judges decide in
favor of the rich man because his lawyer was able to make a good presentation while the poor
lawyer that the poor can barely afford cannot convince the judge because of his poor
performance. (Foronda, 2011)

Sometimes judges can be bought. Even former President Joseph Estrada called them hoodlums
in robes. And corrupt judges being caught red-handed are getting to be regular news. As such
in some cases, the guilty that are rich gets off the hook while the poor who are innocent are
made to answer for the crime he did not commit. Laws are supposedly made complicated to
protect the innocent but the complicatedness is the very reason why the innocent is made to
suffer for crimes he did not commit. (Foronda, 2011)

Under these unpalatable realities, pardon is a safety valve to save the skin of those wrongly
accused and condemned under the guise of justice. (Foronda, 2011)

There are two kinds of pardon in the Philippines; absolute pardon and conditional pardon.
Absolute pardon has no conditions attached to it unlike the other pardon, which has attached
conditions; hence, it is called conditional pardon. Absolute pardon is granted upon the
recommendation of the Board of Pardons and Parole to the President through the Secretary of
Justice.

Kinds of Pardon
1. Absolute Pardon

It is an absolute pardon when it is granted by the Chief Executive without any conditions
attached. Absolute pardon serves to wipe away the guilt of the pardoner, and makes him
innocent as if he has not committed any crime.

The Parole and Probation Administration defines an absolute pardon as the “total extinction of
the criminal liability”.

“It restores to the individual his civil and political rights and remits [or cancels] the penalty
imposed for the particular offense of which he was convicted.”

The purposes of absolute pardon are:

1. To right a wrong.
2. To normalize a tumultuous political situation.

An Absolute Pardon is also granted by a President to an imprisoned president. Absolute Pardon is

granted in order to restore full political and civil rights to convicted persons who have already
served their sentence and have reached the prescribed period for the grant of Absolute Pardon.

Professor’s Example: An Absolute Pardon has been granted to our Former President Joseph
Estrada who was convicted for plunder by then President Gloria Macapagal Arroyo in October
26, 2007.

(Photo Credit: Rappler)

2. Conditional Pardon
It is conditional when it is granted by the Chief Executive subject to the conditions imposed on
the recipient and accepted by him. Usually, the person granted with conditional pardon has
served a portion (at least ½ of the minimum of his indeterminate sentence) of his sentence in
prison

Limitations of the Pardoning Power of the President

1. it may not be exercised for offenses in impeachment cases;
2. it may be exercised only after conviction by final judgment;
3. it may not be exercised over civil contempt (as for refusing to answer a proper
question as a witness in a case);
4. in case of violation of election law or rules and regulations, no pardon, parole, or
suspension of sentence may be granted;

5. cannot be exercised to violate tax laws.

Who qualifies for pardons?

Convicts already served a “maximum sentence or granted final release and discharge or court
termination of probation” may apply for absolute pardon.

Those who want to avail of conditional pardon should already serve at least half of the
maximum prison term imposed by the court.

How does an application process start?

A petition for pardon should be addressed to the Philippine president and coursed through the
Board of Pardons and Parole (BPP).

It should also be supported by documents such as the certificate of finality of judgment and
documented service of sentence, among others.

Authorities are expected to conduct an investigation prior to the grant of a pardon to determine
if the applicant is eligible.
OTHER FORMS OF EXECUTIVE CLEMENCY

1. AMNESTY
A general pardon extended to a group of persons, such as political offenders purposely to bring
about the return of dissidents to their home and to restore peace and order in the community.

It is an act of sovereign power granting oblivion or general pardon for past offenses and rarely, if
ever, exercised in favor of a single individual is usually exerted in behalf of certain classes of
persons who are subjected to trial but not have been convicted.

Professor’s Note: Amnesty can be availed of before, during, and after the trial of the case, even
after conviction.

Persons Disqualified in the Availment of Amnesty:

The following persons are disqualified from amnesty:

a. Those who have promoted, maintained, or headed a rebellion or insurrection or who,

while holding public office or employment, took part therein, engaged in war against the
forces of the Government, destroyed property or committed serious violence, exacted
contributions or diverted public funds from the lawful purpose for which they have been
appropriated; provided, that persons who have been arrested and/or charged with
having merely participated or executed the commands of others in a rebellion may be
granted amnesty.

b. Those who have been arrested and/or charged with murder, homicide, serious
physical injuries, crimes against chastity, robbery, piracy, arson, hijacking, violations of the
Firearms and Explosives Law, and assault upon and resistance and disobedience to
persons in authority and their agents, except if such crime or offense was committed in
furtherance of subversion or crimes against public order as a mere

participant/affiliate/member.

Conditions for the grant of amnesty

Any person applying for amnesty must satisfy the following requirements:

a. He must renew his oath of allegiance to the Republic of the Philippines and swear or
affirm to support and defend the Constitution of the Philippines; and

b. He must surrender whatever unlicensed firearms and/or explosives and ammunition he

may have in his possession.

Powers and functions of the Amnesty Commissions

The Amnesty Commissions herein created or offices and bodies created, or designated by the
President shall examine the facts and circumstances surrounding each case, and when
necessary conduct summary hearings of witnesses, require the production of official records,
and submit the appropriate recommendations to the President, thru the First Amnesty
Commissions created pursuant to the Presidential Decree No. 124, as amended, which shall
perform the same review function with respect to the record of proceedings of the Amnesty
Commissions referred to in the preceding Sec. 5 of the said Decree.

DIFFERENCES BETWEEN AMNESTY AND PARDON

As to the number of those who can avail:

Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is
a blanket pardon granted to a group of prisoners, generally political prisoners.

As to the Time to Avail:

Pardon is exercised when the person is already convicted, while amnesty may be given before
trial or investigation is done.

As to the Consent of Congress:

Pardon is granted by the Chief Executive and such as a private act, which must be pleaded
and proved by the person pardoned because the court takes no choice thereof. While amnesty
is by proclamation with concurrence of congress, and it is a public act, which the court should
take judicial notice.

As to the Effect:
Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the
offense, while amnesty is an act of forgetfulness. i.e. it puts into oblivion the offense of which one
is charged so that the person acts as if he had never committed the offense.

As to the Crime committed:

Pardon is granted for infractions of the peace of the State while amnesty, for crimes against the
sovereignty of the state (ex. political offense)

2. COMMUTATION OF SENTENCE

It is a change of the decision of the court made by the Chief Executive by reducing the degree
of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment of the
original sentence.

Specific cases where commutation is provided for by the code:

a. When the convict sentenced to death is over 70 years of age;

b. When ten justices of the Supreme Court failed to reach a decision for the affirmation
of the death penalty;

In other cases, the degree of the penalty is reduced from death to reclusion perpetua.

In Commutation of Sentence consent of the offender is not necessary. The public welfare, not his
consent, determines what shall be done.

3. REPRIEVE
 Is the temporary stay of the execution of sentence especially the execution of the death
sentence (applicable only to death sentence). It does not annul the sentence but merely
postpones or suspends its execution.

SUMMARY:

1. 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.

2. There are two kinds of pardon in the Philippines; absolute pardon and conditional
pardon.

3. Amnesty is general pardon extended to a group of persons, such as political

offenders purposely to bring about the return of dissidents to their home and to restore
peace and order in the community.

4. Commutation of Sentence is a change of the decision of the court made by the

Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of the original sentence.

5. Amnesty does not annul the sentence but merely postpones or suspends its
execution.

REFERENCE

● Gauan, N. (n.d.). ISU non Institutional correction instructional materials. Retrieved February 15, 2021,
from https://www.academia.edu/31642673/ISU_Non_Institutional_Correction_Instructional_Materials
● Joselito Guianan Chan, M. (n.d.). PAROLE and PROBATION ADMINISTRATION (PPA), Department of
JUSTICE, Republic of the Philippines -Chan Robles virtual law library. Retrieved February 15, 2021, from
https://www.chanrobles.com/legal3dojppa.html#.YDHD-9gReM8

● Aika Rey (8 January 2020). "Where will the money go?". Rappler. Retrieved 29 May 2020.