Professional Documents
Culture Documents
What is Bail?
It is the security given for the release of
Is there an instance when preliminary the person in the custody of the law,
investigation is not required? furnished by him or the bondman, to
Yes, when the offender ws arrested guarantee his appearance before any
without a warrant an INQUEST court as required under the conditions as
investigation will be conducted. specified.
Prisoners- any person detained/ confined in Basis for Grant of Executive Clemency
jail/ or prison for the commission of offense or The BPP recommends to the President
convicted and serving sentence in the the grant of executive clemency
institution.
Executive Clemency- this is the power of the
Mittimus- is a warrant issued by a court president to mitigate whatever harshness
bearing its seal and the signature of the judge might be generated by an excessive harsh or
directing the jail authorities to receive the strict application of the law.
convicted offender for service of sentence
Is the power of the president
Commitment order- is a written order of a How May Executive Clemency Be
court or authority consigning a person to jail Exercised?
or prison for detection.
1. Pardon
NOTE: Upon admission, the inmate or
2. Reprieve
detainee if he has a pending case, will be put
in quarantine in a designated cell at the RDC 3. Amnesty
for a minimum of five (5) days during which
he shall be administered the ff. Physical 4. Commutation of sentence.
exam,mental, orientation, private interview
and etc.
Pardon- is a form of executive clemency
Classification of Prisoners under P.D No 29 granted by the president of the Philippines as
1. Municipal Prisoners a privilege extended to a convict as a
2. Provincial Prisoners discretionary act of grace.
3. City Prisoners
Two types of Pardon
4. Insular Prisoners
Absolute Pardon - An act of grace,
Classification of Prisoners according proceeding from the power entrusted
to degree o security with the execution of the laws,
1. Maximum Security Offenders Exempts the individual from the
2. Medium Security Offenders penalty of the crime he has committed.
3. Minimum Security Offenders Conditional Pardon - If delivered and
accepted, it is a contract between the
executive and the convict that the
former will release the latter upon
Non-Institutional Corrections compliance with the condition.
Board of Pardons and Parole - was created
pursuant to Act No. 4103,as amended. It is
Amnesty-commonly denoted the general A pillar in PCJS includes people itself
pardon extended to a certain class of people and People’s Organization. The primary role
who are usually political offenders of this pillar is to provide assistance to an
offended party.
Reprieve - refers to the deferment of the As one of the pillars or component of
implementation of the sentence for an interval CJS, the community with its massive
of time; it does not annul the sentence but membership has vital responsibilities in terms
merely postpones or suspends its execution of crime control, maintenance of order and
Commutation – refers to the reduction of the like.
the duration of a prison sentence of a
prisoner. The citizens can achieve these roles by ,
among others :
a. Identifying offenders
b. Volunteering as witnesses
Indeterminate Sentence Law
c. Giving data about illegal activities
The indeterminate sentence is composed d. Adopting precautionary measures to
of: diminish crime.
Parole – The suspension of the sentence of The 9 Policing Principles according to Sir
the convict after serving the minimum term of Robert Peel (1829)
the intermediate penalty, without being
granted a pardon, prescribing the terms upon 1. To prevent crime and disorder, as an
which the sentence shall be suspended. alternative to their repression by military force
and severity of legal punishment.
- May be given after the prisoner has
served the minimum penalty; is granted by 2. To recognize always that the power of the
the Board of Pardons and Parole under the police to fulfill their functions and duties is
provisions of the Indeterminate Sentence dependent on public approval of their
Law. existence, actions and behavior, and on their
ability to secure and maintain public respect.
Probation - is a disposition under which an
accused, after conviction and sentence, is 3. To recognize always that to secure and
released subject to conditions imposed by the maintain the respect and approval of the
court and to the supervision of a probation public means also the securing of the willing
officer. cooperation of the public in the task of
securing observance of laws.