NON INSTITUTIONAL

CORRECTION

CENTENEIL O. SUMILANG
NON-INSTITUTIONAL
CORRECTION
• Correcting offender through community-
based program such as probation,
suspended sentence for first time minor
offenders, parole and conditional pardon
NON-INSTITUTIONAL
CORRECTION
 Probation
 Parole
 Executive Clemency
- Pardon
- Reprieve
- Commutation of Sentence
- Amnesty
PAROLE AND PROBATION
ADMINISTRATION
• 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
PAROLE AND PROBATION
ADMINISTRATION (PPA)
- Investigation
- Supervision

BOARD OF PAROLE AND PROBATION

(BPP)
- Responsible for granting PAROLE
- Recommends who will be granted for
Executive Clemency
What is PROBATION?
• 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
 PURPOSE OF PROBATION
1) Promote the correction and rehabilitation of
an offender by providing him with
individualized treatment

2) Provide an opportunity for the reformation of

a penitent offender

3) Prevent commission of offense

 PIONEERS OF PROBATION

JOHN AUGUSTUS
- father of Probation in the USA
- began his probation work in
by bailing out a “common
drunkard”
- First true probation officer
 PIONEERS AND FOUNDER OF PROBATION

Matthew Davenport Hill

- father of Probation
in England
Edward Savage
- Former Boston Chief of
Police held as first
Probation Officer
employed by the
Government
PIONEERS AND FOUNDER OF PROBATION

Teodolo Capili Natividad

- Former NAPOLCOM
Commissioner
- Father of Probation in
the Philippines
Development of Probation

• Probation has historical root in the

practice of judicial reprieve in English
common law. The courts could
temporarily suspend the execution of a
sentence to allow the defendant to appeal
to the Crown for a pardon.
DEVELOOMENT OF PROBATION

• The effort of John Augustus and Father

Cook resulted to the creation of
legislation of the first probation law in
Massachusetts.
• The first probation law was first passed by
the legislatures of Massachusetts and
signed into law by Governor Alexander H.
Rice
 FORERUNNER OF
PROBATION
1. BENEFIT OF CLERGY

2. JUDICIAL REPRIEVE

3. RECOGNIZANCE

4. TRANSPORTATION
 BENEFITS OF PROBATION
Probation protects:

Society
• From the excessive costs of Family
detention • It does not deprive
• From the high rate of the wife and children
recidivism of detained of a husband and a
offenders father
Victim • It maintains the unity
• It provides restitution of home
• It preserves justice
 BENEFITS OF PROBATION

Probation assists 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
 BENEFITS OF PROBATION
Probation helps the offender
• It maintains his earning power
• It provides rehabilitation in the community
• It restores his dignity
Probation justifies the philosophy of man
• That life is sacred
• That all men deserve a second chance
• That an individual can change
• That society has a moral obligation to lift the
fallen
 PROBATION is only a
PRIVILEGE,
not a right

Probation is not demandable as a matter

of right. It is a privilege. Its grant depends upon
the discretion of the court
 RELATED LAWS ON PROBATION

• the first Probation Law of

ACT N0. the Philippines

4221 • this act became effective on

August 7, 1935

November 16,1937
 the Supreme Court declared this Act
unconstitutional due to the case “People vs.
Vera”
House Bill No. 393
• filed by Teudolo C. Natividad and
Ramon Bagatsing.

• This is the second Bill/measure

that attempts to established an
adult probation in the Philippines. It
was passed in the lower house but
pending in the senate when martial
law was proclaimed.
The present probation law:

Presidential Decree 968

 Probation Law of 1976
 This was signed into law by then
President Ferdinand Marcos on July 24,
1976 during the last day of the first
national conference on Crime Control
held at Camp Aguinaldo.
• PROBATION OFFICER – one who
investigates for the court a referral
for probation or supervises a
probationer or both

• PROBATIONER – is a person placed

on a probation

• PETITIONER - a convicted
defendant who files a formal
application for probation
ABSCONDING PETITIONER – a convicted
defendant whose application for probation has
been given due course by the court but fails to
report to the probation office or cannot be located
within a reasonable period of time.

ABSCONDING PROBATIONER – a person whose

probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts are unknown
for a reasonable period of time.
 Application for Probation
- The application for probation shall be
filed by sentenced or convicted offender
whose sentence is not more than 6 years
imprisonment. It shall be filed with the
court that tried and sentenced the offender.
When can a petitioner file his
application for probation?

- the law says that the application

should be made within the period for
perfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
Where can we file the application
for probation?

-The application for probation be

filed directly to the trial court that
heard and sentenced the person
applying for probation.
How to apply?

The applicant must submit his application

form
Who can apply?

Those who are qualified

 DISQUALIFIED TO APPLY IN PROBATION

a. Those who were sentenced to more than 6

years

b. Those who were convicted of crimes against

the national security and public order
c. Those who are second time offender

d. Those who were previously granted probation

under P.D. 968

e. Those who were already serving their

sentence when probation became applicable
f. Youth

g. Sentence 1 month below

h. Those convicted of election code violation

i. Videogram law
j. Wage rationalization law

k. Convicted in RA 9165

l. Under going trial

m. Lapsed of 15 days

n. Those cases are on appeal

Procedures in Applying for Probation:

1.The offender or his counsel files a petition with the

convicting court

2. The court determines convict qualifications and

notifies the prosecutor of the filing of the petition

3. The prosecutor submits his comments on such

application within 10 days from receipt of the
notification
4.If petitioner is qualified, his application is referred to
the probation officer for post-sentence investigation

5.The post-sentence investigation report (PSIR) is

submitted by the probation officer to the court after 60
days

6.The court grants or denies the petition for probation

within 15 days upon receipt of the PSIR.
 Effects of filing an application for Probation

a) the court may, upon receipt of the application

suspend the execution of sentence imposed in judgment;

b) pending the submission of the PSIR and the

resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a new
bail, or released on recognizance.
CONDITION OF PROBATION
If the probationer committed a crime while
under probation, what would be the
consequences?
a. The probationer will be arrested for violation of the
condition of probation

b. Prosecution of the new crime committed

c. The court will order the serving of the original

sentence of the previous offense
How long is the period of probation?
a. Not more than 2 years if the sentence is
imprisonment for 1 year or less

b. Not more than 6 years if t he sentence is

imprisonment for more than 1 year but not more than
6 years.

Note: Probation starts upon issuance of the court

granting probation.
When should probation be denied?
 When can the Court Modify the
Conditions for Probation?

a. at any time during supervision

b. after summary hearing when the probationer

violated any of its conditions

c. upon application by the probation officer or the

probationer himself

Note: only the judge who heard and decided the case
has the power to grant, deny, modify, revoke and
terminate probation
OUTSIDE TRAVEL
CHANGE OF RESIDENCE
Termination of Probation:
WAYS of terminating probation:
PAROLE
Summary Report - refers to the final report submitted by
the Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release and
discharge;
Progress Report - refers to the report submitted by the
Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision;

Infraction Report - refers to the report submitted by the

Probation and Parole Officer on violations committed by a
parolee/pardonee of the conditions of his release on parole
or conditional pardon while under supervision.
PAROLE
• Is derived from the French word “parole
d’honeur” meaning “word of honor”

• Has come to mean an inmate’s promise

to conduct him or herself in a law-
abiding manner and according to
certain rules in exchange of release
 PAROLE
• A method by which a prisoner has served a
portion of his sentence is conditionally released
but remains legal custody, the condition being
that in case of misbehavior, he shall be
imprisoned

• It is the status of serving the remainder of the

sentence of a convict in the community in
accordance with the regulations set-up by the
Board of Pardons and Parole.
BOARD OF PARDONS AND
PAROLE (BPP)
Duties of Board of Pardons
and Parole (BPP)
CAPT. ALEXANDER MACONOCHIE

• Father of Parole and

Father of Modern
Penology

• An English man
responsible for the birth
of British Penal Colony
in Norfolk Island

• Introduced the “Mark

System”
 SIR WALTER CROFTON

• Chairman of the Board

of Prison in Ireland

• Was influenced by
Maconochie’s efforts of
early release

• Established the Irish

concept of ticket of
leave system
Stages of progressive
system
 History of Parole system in the
Philippines:
- it came into existence by the passage of
Act 4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence
Law, which took effect on Dec. 5, 1933.

Board of Pardons and Parole –

administers the Parole system of the
country.
Parolee - refer to a person who is released
on parole

Pardonee – refer to a person who is

released on conditional pardon

Client – refer to a pardonee/parolee who is

place on supervision

Parole Supervision – refers to the

supervision/surveillance by a Probation and
Parole Officer of a parolee/pardonee
Pre Parole Investigation Report
The Administration has been authorized by the Board
to conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city
and provincial jails, the national penitentiary and
penal colonies, whenever their best interests and that
of justice will be served thereby, and to submit
reports of said investigation at least 30 days
before the expiration of the minimum sentences of
the prisoners concerned.
PRISONERS QUALIFIED FOR PAROLE:

Unless otherwise disqualified under Sec. 15 of

the rules, a prisoner shall be eligible for the
grant of parole upon showing that –
a. he is confined in a jail or prison to
serve an indeterminate prison
sentence, the maximum period of
which exceeds one year, pursuant to
a final judgment of conviction; and
that
b. he has served the minimum period of
said sentence less the Good Conduct
Time Allowances (GCTA) earned.

c. There is a reasonable probability that if

released, he will be law-abiding; and that

d. His release will not be incompatible with

the interests and welfare of society.
PRISONERS DISQUALIFIED FOR PAROLE:

1. those persons convicted of offenses

punished with Reclusion Perpetua;

2. those convicted of treason, conspiracy

or proposal to commit treason;

3. those convicted of misprision of

treason, rebellion, sedition or
espionage;
 PRISONERS DISQUALIFIED FOR
PAROLE:
4. those convicted of piracy or mutiny on the high
seas;

5. those who are habitual delinquents;

6. those who escaped from confinement or those

who evaded sentence;

7. those who were granted conditional pardon and

violated any of the terms thereof;
 PRISONERS DISQUALIFIED FOR PAROLE:

8. those whose maximum term of imprisonment

does not exceed 1 year or are with a definite
sentence;

9. those suffering from any mental disorder as

certified by a psychiatric report of the bureau
of correction or national center for mental
health;

10. those whose conviction is on appeal;

11. those who have pending criminal case for an

offense committed while serving sentence.
COMPOSITION OF THE BOARDS
OF PARDON AND PAROLE
 Difference between Parole and
Probation

PAROLE PROBATION
• It is an extension of • It is a substitute for the
institutional treatment imprisonment
program

• Granted by the BPP • Granted by the COURT

• Supervised by Parole • Supervised by
Officer Probation Officer
Executive Clemency
EXECUTIVE CLEMENCY
• Collective term for absolute pardon,
conditional pardon and commutation of
sentence as may be granted by the
President of the Philippines
Pardon
– an act of executive clemency, by a
head of a state for the purpose of exempting
an individual from the punishment imposes
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.
- Extinguishes criminal liability but not
extinguishes CIVIL Liability
 Pardon according to
granting power

PARDON OF THE PARDON OF THE

PRESIDENT OFFENDED PARTY
 Kinds of Pardon

1. Absolute Pardon
• refers to the total extinction of the criminal
liability of the individual to whom it is granted
without any condition.

• It restores to the individual his civil and political

rights and remits the penalty imposed for the
particular offense of which he was convicted
. Conditional Pardon
-refers to the exemption of an individual, within
certain limits or conditions, from the
punishment which the law inflicts for the
offense he had committed resulting in the
partial extinction of his criminal liability
Eligibility for Conditional
Pardon
 The prisoner shall have served at least one half (1/2) of the
minimum of his original indeterminate sentence and or
definite sentence

 The prisoner who is convicted of a heinous crime as defined

in Republic Act.7659 and other special laws he shall served
at least one-half of the maximum of his original
indeterminate sentence before his case maybe viewed for
conditional pardon.
 Limitations of the Pardoning
Power of the President
The following are the 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 maybe granted;

5) cannot be exercised to violation of tax laws.

 OTHER FORMS OF
EXECUTIVE CLEMENCY
 Amnesty

• Is a general pardon extended to a group of persons generally

exercised by the Chief Executive with the concurrence of
congress.

• It is an act of sovereign power granting oblivion or general

pardon for past offense and rarely, if ever, exercised in favor
of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have
been convicted.
Note: Amnesty can be availed of before, during and
after the trial of the case, even after conviction
 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 maybe given before trial or
investigation is done.
As to the Consent of Congress:
Pardon is granted by the Chief
Executive and such as private act, which must
plead 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 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
sovereignty of the state (ex. political offense)
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:

1. When the convict sentenced to death is over 70 years

of age;
2. 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.
WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE

The board may review the petion of a prisoner for commutation of sentence
if he/she meets the following minimum requirements

 (a) At least one-third (1/3) of the definite or aggregate prison terms;

 (b) At least one-half (1/2) of the minimum of indeterminate or aggregate
minimum of the indeterminate
 prison term.
 (c) At least ten (10) years for inmates sentenced to
 one (1) Reclusion Perpetua or one (1) life imprisonment,
 for crimes/offenses not punishable under Republic Act
 No. 7659 and other special laws.
 (d) At least thirteen (13) years, for inmates whose
 indeterminate and/or definite prison term were adjusted
 to a definite prison term of forty (40) years in accordance with the
provisions of Article 70 of the Revised
 Penal Code, as amended;
 (e)
At least fifteen (15) years for prisoners convicted of heinous crimes as defined in
Republic Act No. 7659 and other special laws


. Reprieve

– the temporary stay of the

execution of sentence (applicable
only to death sentence)