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4th Pillar: Corrections Philippine Criminal Justice dealing, violence, escape attempts, and antisocial

System. behavior.

Corrections Duties and Responsibilities

A branch of the Criminal Justice System Penologists develop rehabilitation programs


concerned with the custody, supervision and and work closely with prison inmates to reduce
rehabilitation of criminal offenders. It is that field of recidivism rates and teach inmates how to live
criminal justice administration which utilizes the body of productively. Penologists are also responsible for
knowledge and practices of the government and the inspecting facilities and checking prison cells for
society in general involving the processes of handling contraband.
individuals who have been convicted of offenses for
purposes of crime prevention and control.
Correctional administration.
 Its primary objective is to help convicted
offenders to be reformed, rehabilitated and to help It is that branch of the administration of
them prepare themselves for their eventual release to Criminal Justice. System charged with the responsibility
the community after serving their sentence for the for the custody, supervision, and rehabilitation of the
crime they have committed. convicted offender.

The Philippine correction focus on the Penal Management.


rehabilitation of the inmates and patients regards who
needs to be treated they are rehabilitate to be Manner or practice of managing or controlling
productive and responsible person or member of the places of confinement as in jails or prisons.
society.

Penology.
Theories in Correction. It is the study of punishment for crime or
criminal offenders study of control and prevention of
1. Classical Theory- Punishment they deserve to be crime through punishment of criminal offender division
imprisoned. of criminology that deals with prison management and
the treatment of offenders derived from the Latin word,
"POENA", which means "pain or suffering" and "LOGOS"
2. Neo-Classical Theory- Exemption and consideration- which means to "study".
minors and insane.

3. Positivist Theory- Reformation and rehabilitation.


INSTITUTIONAL CORRECTIONS.
4. Eclectic Theory- Combination of the beneficial 1. Bureau of Corrections (BuCor).
aspects.
The bureau of Corrections, which is under the
Department of Justice, is responsible for the treatment
PENOLOGIST AND CORRECTION ADMINISTRATION and rehabilitation of national prisoners who are serving
sentence of more than three (3) years.
Penologists specialize in prisoner rehabilitation
and correctional facility management. Penologists work And, it is that field of criminal justice
closely with prison guards to prevent prison fights, drug administration which utilizes the body of knowledge
and practices of the government and the society in
general involving the processes of handling individuals capacity of 3,000 prisoners and it was officially named
who have been convicted of offenses for purposes of the New  Bilibid Prison on January 22, 1941. The prison
crime prevention and control. reservation had an area of 587 hectares, part of which
was arable. The prison compound proper had an area of
300 x 300  meters  or  a   total of nine hectares.  It was
The Bureau of Correction is tasked with the following surrounded by three layers of barbed wire
functions:

• To confine persons who have been convicted of


1. Correctional Institution for Women.
a criminal offense by the courts to serve
sentence in a penal institution. In a report dated January 22, 1959, submitted
to a committee created by Administrative Order No.
• To provide correctional environment which
287 by the President of the Philippines, it was noted
seeks to protect the physical and emotional
that “before a separate building was constructed
well-being of offenders.
especially for women prisoners, all female convicts
• To provide humane treatment by affording were confined at the Old Bilibid Prison on Azcarraga St.,
them human basic needs the correctional Manila.
community and prohibiting cruel methods
rehabilitation.
2. Iwahig Prison and Penal Farms.
• To provide opportunities for rehabilitation
programs designed to change the offenders’ The Davao Penal Colony is the first penal
pattern of criminal or anti-social behavior. settlement founded and organized under Filipino
administration. The settlement, which originally had an
• To engage in agro-industrial endeavors to
area of approximately 30,000 hectares in the districts of
develop penal farms into productive profit
Panabo and Tagum, Davao del Norte, was formally
center that employs offender manpower skills
established on January 21, 1932 by virtue of Act No.
and labor and provide a source of income to
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supplement the Bureau’s financial outlet.

• To perform other functions that maybe directed


by the Secretary of Justice of other competent 3. San Ramon Prison and Penal farms.
authorities.
According to historical accounts, the San Ramon
Prison was established in southern Zamboanga on
August 21,1870 through a royal decree promulgated in
There are seven (7) correctional facilities or penal
1869. 
institutions, located all over the country, which are
under the direct supervision and control of the 4. Sablayan Prisons.
Bureau. They are as follows:
Nearer to Manila than other penal colonies, the
New Bilibid Prisons. Sablayan Penal Colony is located in Occidental Mindoro
and relatively new. Established on September 26, 1954
The growing urbanization of Manila and
by virtue of Presidential Proclamation No. 72, the penal
constant lobbying by conservative groups fueled the
colony has a total land area of approximately 16,190
idea of transferring the Old Bilibid Prison to a new site,
hectares.
which at the time was considered remote and on the
outskirts of the urban center. Accordingly, 5. Leyte Regional Prisons.
Commonwealth Act No. 67 was enacted, appropriating
The Leyte Regional Prison, situated in Abuyog,
one million pesos for the construction of a new national
Southern Leyte, was established a year after the
prison in Muntinlupa. On November 15, 1940, all
declaration of martial law in 1972 by virtue of
inmates of the Old Bilibid Prison in Manila were
Presidential Decree No. 28.
transferred to the new site.  The new   institution had a
A reward for good conduct whereby a prisoner
receives partial reduction of his prison sentence.
6. Davao Prison and Penal Farm.
The Prisoner is entitled to reduction of:
The Davao Penal Colony is the first penal
settlement founded and organized under Filipino a. During the first two years of imprisonment, he shall
administration. The settlement, which originally had an be allowed a deduction of twenty days for each month
area of approximately 30,000 hectares in the districts of of good behavior during detention.
Panabo and Tagum, Davao del Norte, was formally
b. During the third to the fifth year, inclusive, of his
established on January 21, 1932 by virtue of Act No.
imprisonment, he shall be allowed a reduction of
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twenty-three days for each month of good behavior
during detention.

Who is a Prisoner? c. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
A person committed to jail or prison by a
deduction of twenty-five days for each month of good
competent authority for any of the following: reasons:
behavior during detention
1. To serve a sentence after conviction.
d. During the eleventh and successive years of his
2. Trial. imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention
3. Investigation. and;

e. At any time during the period of imprisonment, he


General Classification of Prisoners: shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month
1. Sentenced prisoners – Those who are convicted by of study, teaching or mentoring service time rendered.
final judgment and under the jurisdiction of a penal
institution.

2. Detention Prisoners – those who were detained for TYPES OF JAIL.


the violation of law and have not yet convicted. Types of Jail.
3. Those who are on safekeeping. 1. Lock-up jail – is a security facility for the temporary
detention of person held for investigation or awaiting
preliminary hearing.
Classification of sentenced prisoners.
2. Ordinary jail – houses both offenders awaiting court
1. Insular or national prisoner – one who is sentenced to action and those serving short sentences usually up to 3
a prison term of three years and one day to death. years.
2. Provincial prisoner – one who is sentenced to a 3. Workhouse jail farm or camp –houses minimum
prison term of six months and one day to three years. custody offenders serving short sentences with
3. City prisoner – one who is sentenced to a prison term constructive work programs.
of one day to three years.

4. Municipal Prisoner – one who is sentenced to a Bureau of Jail Management & Penology (BJMP).
prison term of one day to six months.
The Bureau of Jail Management and Penology,
hereinafter referred to as the Jail Bureau, is hereby
Good conduct time allowance. created initially consisting of officers and uniformed
members of the Jail Management and Penology Service
as constituted under Presidential Decree No. 765.
The Jail Bureau shall exercise supervision and High Risk Inmate.
control over all city and municipal jails. The provincial
Those who are considered highly dangerous and
jails shall be supervised and controlled by the provincial
who require a greater degree of security, control and
government within its jurisdiction, whose expenses shall
supervision because of their deemed capability of
be subsidized by the National Government for not more
escape, of being rescued, and their ability to launch or
than three (3) years after the effectivity of this Act.
spearhead acts of violence inside the jail. This includes
Powers and Functions of BJMP ( Bureau of Jail those charged with heinous crimes such as murder,
Managemeny & Penology). kidnapping for ransom, economic sabotage, syndicated
or organized crimes, etc.
• Formulate policies and guidelines in the
administration of all district, city, and municipal
jails nationwide;
High Value Target (HVT).
• Implement strong security measures for the
A target, either a resource or a person, who
control of inmates;
may either be an enemy combatant, high ranking
• Provide for the basic needs of inmates; official or a civilian in danger of capture or death,
typically in possession of critical intelligence, data, or
• Conduct activities for the development of
authority marked as an objective for a mission and
inmates;
which a commander requires for the successful
• Improve jail facilities; and, completion of the same. 

• Promote the general welfare and development


of personnel.
Subversive Group.

A group of persons that adopts or advocates


Categories of Inmates. subversive principles or policies tending to overthrow or
undermine an established government.  
The two (2) general categories of inmates are:

Prisoner – inmate who is convicted by final judgment;


Security Threat Group.
Detainee – inmate who is undergoing investigation/trial
or awaiting final judgment. Any formal or informal ongoing inmates’ group,
gang, organization or association consisting of three or
more members falling into one of the following basic
Inmates Security Classification. categories: street gangs, prison gangs, outlaw gangs,
traditional organized crime, aboriginal gangs, subversive
The following are the classifications of inmates: groups and terrorist organizations. 
High Profile Inmate.

Those who require increased security based on Terrorist Group.


intense media coverage or public concern as a result of
their offense such as but not limited to those who have A group of persons that commits any of the
been involved in a highly controversial or following: piracy and mutiny in the high seas or in the
sensationalized crime or those who became prominent Philippine waters, rebellion or insurrection, coup d’état,
for being a politician, government official, multi-million murder, kidnapping and serious illegal detention, crimes
entrepreneur, religious or cause-oriented group leader involving destruction, arson, hijacking, violation of laws
and movie or television personality.  on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-
piracy and anti-highway robbery, illegal and unlawful
Penalty.
possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives.  A penalty fine or mulct is a penalty of money
that a court of law or other authority decides has to be
paid as punishment for a crime or other offence. The
Minimum Security Compound. amount of a fine can be determined case by case, but it
is often announced in advance.
They are the prisoners who can already be trusted to
their places of work assignment without the presence of
guards.
Reclusion perpetua, the circular stressed, "is not
Medium Security Compound. the same as life imprisonment which, for one thing,
does not carry with it any accessory penalty, and for
They are the prisoners who may be allowed to work
another, does not appear to have any definite extent or
outside the fence of the institution under guard escorts.
duration.“
Maximum Security Compound.
According to the RPC
They are chronic troublemakers but not as dangerous as
Accessory penalties that are listed in the RPC
the super security prisoners.
are perpetual or temporary absolute disqualification,
perpetual or temporary special disqualification,
suspension from public office, the right to vote and be
Requirements for Commitment. voted for, the profession or calling, civil interdiction,
No person shall be committed to any jail facility indemnification, forfeiture or confiscation of
without the following required documents:  instruments and proceeds of the offense, and payment
of costs.
     a. Commitment Order;

     b. Medical Certificate – recent medical certificate


taken within 24 hours prior to admission; The RPC also places principal penalties in six
categories:
     c. Complaint/Information;
1. Capital punishment
     d. Police Booking Sheet; and
2. Afflictive penalties
     e. Certificate of Detention from PNP and/or NBI.
3. Correctional penalties

4. Light penalties
Rights of Person Under Detention.
5. Penalties common to the three preceding
• The right to be assisted by counsel of his own choice classes
at all times.
6. Accessory penalties
• Right to be informed of his right to remain silent.

• Right to be visitation by any member of his immediate


family or any medical doctor or priest or religious
ministers chosen by him or any member of his
immediate family, or by his counsel or by any national
non-governmental organizations duly accredited by the
CHR or by any institution and non-governmental
organizations duly accredited by the office of the
President.
The imprisonment is more than 6 years
or fine of more than P6,000.00. They are either
1. Heinous crime- the penalty is reclusion
temporal  to reclusion perpetua or 2. Non
heinous crime.

Penalties (imprisonment):

1. Grave felonies – Afflictive penalties: 6 yrs. and 1 day


to reclusion perpetua (life imprisonment)
 
2. Less grave felonies – Correctional penalties: 1 month
and 1 day to 6 years.
Light penalties are arresto menor and public censure, 3. Light felonies - Arresto menor (1 day to 30 days).
while penalties common to the three preceding classes
As to the liability of the participants in a grave, less
are fine and bond to keep the peace.
grave or light felony:
Fines are also imposed on certain penalties.
1. When the felony is grave, or less grave, all
Classification of crimes as to gravity. participants are criminally liable.

I. The basis is the penalty prescribed by the RPC 2. But where the felony is only light, only the principal
and not the actual penalty imposed by the and the accomplice are liable. The accessory is not.
court. If both imprisonment and fine are
Therefore, it is only when the light felony is
prescribed as penalties, it is the penalty of
against persons or property that criminal liability
imprisonment which is used as basis.
attaches to the principal or accomplice, even though the
felony is only attempted or frustrated,
but accessories are not liable for light felonies.
II. The classifications are:

A. Light- The penalty is imprisonment of one day to


thirty days or fine of not more than P200.00 Justification of Punishment.

1. They are punished only in their consummated Retribution - It seeks to punish offenders because they
stages except with respect to light felonies deserve to be punished. To give you an idea, when
against persons or property. The reason is someone gets the death penalty for committing
because they produced such light or murder.
insignificant results that society is satisfied if
they are punished even if only in their
consummated stage. Expiation/Atonement - Punishment is given as form of
group vengeance.
2. Only principals and accessories are liable.

B. Less Grave.
Incapacitation- This prevents future crime by disabling
By imprisonment of more than one
or restricting the offender's liberty, their movements or
month but not more than 6 years or fine of
ability to commit a further wrong. These are the most
P200.00 but not more than P6,000.00.
extreme form of incapacitating punishment, death
C. Grave. penalty, but there are several other forms including
imprisonment, curfews, house arrest, electronic
monitoring and disqualification from driving for Principles Observed Governing the Administration of
drunken drivers. Prisoners/Detainees

 No procedures or system of correction shall


deprive any offender of the hope and possibility
Deterrence- Justifies punishment based on what it will
of his return to full and responsible
achieve in the future. It has often been criticized for
membership of society;
being neither effective or morally acceptable. On the
other hand, deterrence allows for punishments to be
imposed that are disproportionate to the harms done,
 Members of the custodial force shall set
for the innocent to be punished and for the punishment
themselves as examples by performing their
of crimes that have not yet been committed.
duties well to influence the prisoners/detainees
to reform for good and obey and respect the
law and the duly instituted authorities.
Rehabilitation- Is the punishment can prevent future
crime by reforming the individual offender's behavior.

Forms of Punishment.  No jail personnel shall use force except in


legitimate self defense or in case of attempted
Contemporary - Legal punishment presupposes crime
escape to hold the prisoners/detainees or in
as that for which punishment is imposed, and criminal
ease of active and passive physical resistance to
law as that which defines crimes as crimes.
a lawful order.
Destierro - Destierro is not higher penalty than arresto
 
mayor. Arresto mayor means imprisonment or
complete deprivation of liberty.  Until the guilt of the suspected offenders has
been established in courts, he should be
Imprisonment - Imprisonment in other contexts is the
considered innocent and his right as a free and
restraint of a person’s liberty.
should respected except for such restrictions as
Fine- A fine or mulct is a penalty of money that a court are indispensable for his confinement.
of law or other authority decides.

Probations- Probation in criminal law is a period of


supervision over an offender.
 Jail personnel shall avoid the use of abusive and
Parole- Parole is the early release of a prisoner who
indecent language to the prisoners/detainees
agrees to abide by certain conditions.
particularly in the presence of their families and
Banishment- The sending or putting away of an friends.
offender which was carried out either by prohibition
against coming into a specified territory.
 No penalty shall be imposed upon the
Social Degradation- It is a ceremonies are used to
prisoners/detainees for the violation of any
initiate people into total institutions like mental
rules and except in accordance with the duly
hospitals, prisons, or military units.
approved and adopted disciplinary procedures.
Corporal Punishment- It is a punishment intended to
cause physical pain to a person.
 Penalties shall not be cruel, inhumane or
Death Penalty- It is a capital punishment.
degrading and no corporal punishment shall be
employed as correctional measures.
 Members of the custodial forces must  Isolation prisoner- Solitary confinement has
understand that the prisoners and detainees been traditionally used as a behavioral reform
treatment and counselling and the primary of isolating prisoners physically, emotionally
purpose of the confinement is the reformation and mentally in order to control and change
and rehabilitation. inmate behavior.

 The preservation of health and their prompt


treatment of illness or injury are basic tights of
 Deterrence- Punishment gives lesson to the
every person confined in jail.
offender by showing to others what would
happen to them if they violate the law.

 The religious belief and moral percept not


contrary to law which a prisoner/detainee holds
Early Forms of Prison Discipline.
must be respected.
Hard Labor - Prisoners must have productive works.

Corporal Punishment- Imposing brutal punishment or


 The maintenance of human dignity to which
employing physical force to intimidate a delinquent
subscribe as well as the purpose of
inmate.
rehabilitation requires that the
prisoner/detainee while under jurisdiction of Deprivation- Denial or removal of everything except the
the law enforcement and correctional agencies essentials of existence.
be accorded the generally accepted standards
of decent living and human treatment. Degradation- Act of uttering insulting words or
language on the part of prison staff for the prisoners to
degrade or break the confidence of prisoners
Purpose of Correction and Sentencing.  

Uniformity- Act of which follow the principle: "we treat


prisoners alike" wherein the fault of one is the fault of
The main purpose of correction and sentencing:
all.  
 Punishment- Redress (remedy) that the state
Monotony - Act of giving the same food that is "off'
takes against an offending member of society
diet, or requiring the prisoners to perform drab or
that usually involves pain and suffering.
boring daily routine

Mass Movement- Implementation of mass living in cell


 Rehabilitation/Reformation- Establishment of blocks, mass eating, mass recreation, mass bathing
the usefulness and responsibility of the Isolation or Solitary
offender.
Confinement- Imposition of non-communication and
limited news to a prisoner. The offender is known as
“The lone wolf”

 Reintegration- The primary purpose of


reintegration programs is to help the previously Juridical Conditions of Penalty.
incarcerated adapt to living in the community
after having spent time in prison.
1. Judicial and legal- For it is imposed by virtue of
a judgment as prescribed by law.
2. DEFINITE - For it cannot be uncertain or “AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE
conditional JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.”

3. COMMENSURATE- For the extent of the penalty Juvenile Justice and Welfare Act” defines the
must be proportionate to the gravity of the Juvenile Justice and Welfare System as a system dealing
felony. with children at risk and children in conflict with the
law, which provides child-appropriate proceedings,
including programmes and services for prevention,
4. PERSONAL- For no one should be punished for diversion, rehabilitation, re-integration and aftercare to
the crime of another ensure their normal growth and development.

Board of Pardon and Parole.

5. EQUAL- For a penalty should apply equally to all Board of Pardons and Parole - was created
transgressors of the law. pursuant to Act No. 4103, as amended. It is the intent of
the law to uplift and redeem valuable human material
to economic usefulness and to prevent unnecessary and
Key Agencies Responsible for IC/Institutional excessive deprivation of personal liberty.
Corrections.  
   Functions:
BuCor/ Bureau of Corrections- Is an agency under the 1. To grant parole to qualified prisoners;
Department of Justice that is charged with custody and
rehabilitation of national offenders, that is, those 2. To recommend to the President the grant of pardon
sentenced to serve a term of imprisonment of more and other forms of executive clemency;
than three (3) years. 3. To authorize the transfer of residence of parolees and
pardonees, order their arrest and recommitment, or
grant their final release and discharge.
BJMP/Bureau of Jail Management & Penology- The Jail
Bureau shall exercise supervision and control over all
city and municipal jails. The provincial jails shall be Probation.
supervised and controlled by the provincial government
within its jurisdiction, whose expenses shall be A disposition under which a defendant, after
subsidized by the National Government for not more conviction and sentence, is released subject to
than three (3) years after the effectivity of this Act. conditions imposed by the court and to the supervision
of a probation officer. (section 3, PD 968.)

Provincial Jail- The Provincial Jail shall exercise


supervision and control over all Provincial Jails in the Parole.
country.
It is the conditional release of a prisoner from
correctional institution after serving the minimum
period of prison sentence.
NON-INSTITUTIONAL CORRECTIONS.

Juvenile Justice and welfare Republic Act No. 9344


Correction Viewed as a Process. refrigeration, automotive mechanic, radio/television
and electronics repairs, tailoring, dressmaking, basic
All offenders granted probation, parole, pardon
computer training, etc. through coordination with local
and suspended sentence. The Administration has
barangays, parish centers, schools and civic
adopted a harmonized and integrated treatment
organizations.
program for these clients to effect their rehabilitation.
This harmonized and integrated program involves

(1) The Therapeutic Community Modality 5. Health, Mental and Medical Services To address some
of the basic needs of clients and their families, medical
(2) The Restorative Justice Principles and
missions are organized to provide various forms of
Concepts and
medical and health services including physical
(3) the Use of Volunteer Probation Aides (VPAs). examination and treatment, free medicines and
The Therapeutic Community Modality is a self-help vitamins, dental examination and treatment, drug
social learning treatment model used for clients with dependency test and laboratory examination.
problems of drug abuse and other behavioral problems Psychological testing and evaluation as well as
such as alcoholism, stealing, and other anti-social psychiatric treatment are likewise provided for by the
tendencies. As a treatment model, Agency’s Clinical Services Division and if not possible by
reason of distance, referrals are made to other
It includes four (4) categories, namely, behavior government accredited institutions.
management, intellectual/spiritual aspect, emotional
and social aspects, and vocational/survival aspects. In
this regard, the Therapeutic Community Modality
6. Literacy and Education In coordination with LGU
provides a well-defined structure for a synchronized
programs, adult education classes are availed of to help
and focused implementation of the various intervention
clients learn basic writing, reading and arithmetic.
strategies/activities undertaken by the agency such as:
Likewise, literacy teach-ins during any sessions
1. Individual and group counseling. This activity intends conducted for clients become part of the module. This
to assist the clients in trying to sort out their problems, is particularly intended for clients who are “no read, no
identify solutions, reconcile conflicts and help resolve write” to help them become functionally literate.
them. This could be done either by individual or group Likewise, linkages with educational Foundation, other
interaction with the officers of the agency. GOs and NGOs are regularly done for free school
supplies, bags and uniform for client’s children and
2. Moral, Spiritual, Values Formation Seminars, lectures relatives.
or trainings offered or arranged by the Agency comprise
these rehabilitation activities. Active NGOs, schools,  
civic and religious organizations are tapped to facilitate
7. Community Service This program refers to the
the activities.
services in the community rendered by clients for the
benefit of society. It includes tree planting,
beautification drives, cleaning and greening of
3. Work or Job Placement/Referral Categorized as an surroundings, maintenance of public parks and places,
informal program wherein a client is referred for work garbage collection, blood donation and similar socio-
or job placement through the officer’s own personal civic activities.
effort, contact or information.
 

8. Client Self-Help Organization This program takes the


4. Vocational/Livelihood and Skills Training The program form of cooperatives and client associations wherein
includes the setting up of seminars and skills training the clients form cooperatives and associations as an
classes like food preservation and processing, candle economic group to venture on small-scale projects.
making, novelty items and handicrafts making, etc., to Similarly, client associations serve another purpose by
help the clients earn extra income. Likewise, vocational providing some structure to the lives of clients where
and technical trade classes are availed of such as
they re-learn the basics of working within a group with Review of Cases for Parole.
hierarchy, authority and responsibility much like in the
1. The maximum period of which exceeds one (1) year,
bigger society.
pursuant to a final judgment of conviction.2
 
2. That he has served the minimum period of said
9. Payment of Civil Liability The payment of civil liability sentence.
or indemnification to victims of offenders are pursued
3. Inmate’s conviction is final and executory.
despite the economic status of clients. Payment of
obligations to the victims instills in the minds of the 4. Inmate has no pending criminal case.
clients their responsibility and the consequences of the
harm they inflicted to others. 5. Inmate is serving sentence in the national
penitentiary unless confinement in a municipal, city,
district/ or provincial jail is justified.
10. Environment and Ecology to instill awareness and
concern in preserving ecological balance and
environmental health, seminars/lectures are conducted Disqualification for Parole.
wherein clients participate. These seminars/lectures 1. Those convicted of an offense punished with Death
tackle anti-smoke belching campaign, organic farming, Penalty, Reclusion Perpetua or life Imprisonment.
waste management, segregation and disposal and
proper care of the environment. 2. Those convicted of treason, conspiracy or proposal to
commit treason or espionage, misprision of treason,
  rebellion, sedition or coup d’etat, piracy or mutiny on
11. Sports and Physical Fitness Activities that provide the high seas or Philippine waters.
physical exertion like sports, games and group play are 3. Those who are habitual delinquents i.e those who,
conducted to enhance the physical well-being of clients. within a period of 10 years from the date of release
Friendly competition of clients from the various offices from prison or last conviction of the crimes of serious or
of the sectors, together with the officers, provide an less physical injuries, robbery, theft, estafa, falsification,
enjoyable and healthful respite. are found guilty of any of said crimes a third time or
oftener.

Basis for Grant of Parole. 4. Those who escaped from confinement or evaded
sentence.
1. The prisoner is fit to be released;
5. Those who were granted Conditional Pardon and
2. There is a reasonable probability that, if released, he violated any of the terms thereof;
or she will live and remain at liberty without violating
the law; and 6. Those whose maximum term of imprisonment does
not exceed one (1) year or those with definite sentence.
3. His or her release will not be incompatible with the
welfare of society. 7. Those suffering from any mental disorder as certified
by a government psychiatrist/psychologist.

8. Those whose conviction is on appeal.


How May Executive Clemency Be Exercised?
8. Those who have pending criminal cases.
1. Reprieve.

2. Absolute pardon.
Parole and Probation Administration.
3. Conditional pardon.
The PAROLE AND PROBATION
4. Commutation of sentence. ADMINISTRATION is an attached agency of the
Department of Justice which provides a less costly
alternative to imprisonment of offenders who are likely not a right but only a privilege, which means that there
to respond to individualized community based is a need to make a request to the granting authority.
treatment programs.
Absolute Pardon.

It is the extinction of the criminal


Under the Probation Law of 1976, PPA is mandated to: liability of the individual to whom it is granted
without any condition and restores to the
Promote the correction and rehabilitation of an
individual his civil rights.
offender by providing him with individualized
treatment. Provide an opportunity for the reformation Conditional Pardon.
of a penitent offender which might be less probable if
It refers to the exemption of an
he were to serve a prison sentence, and prevent the
individual, with certain limits or conditions,
commission of offenses.
resulting in the partial extinction of his criminal
liability.

Commutation.

  It is an executive clemency that changes


a heavier sentence to a less serious one, or a
longer prison term to a shorter one.

Legislative Clemency.
 
- It happens when the legislature enacted a law
decriminalizing the acts or omissions previously
punishable by law.

Forms of Clemencies.
Basis for Grant of Executive Clemency.
1. Judicial Clemency.
The BPP recommends to the President the grant
2. Executive Clemency. of executive clemency when any of the following
3. Legislative Clemency circumstances are present:

1. The trial or appellate court recommended in its


decision the grant of executive clemency for the
Judicial Clemency. prisoner.
- The court will grant. Ex. Parole. Parole is a 2. Under the peculiar circumstances of the case, the
disposition under which a defendant, after conviction penalty imposed is too harsh compared to the  crime
and sentence, is released subject to conditions imposed committed.
by the court and to the supervision of probation officer. 3. Offender qualifies as a youth offender at the time of
Executive Clemency. the commission of the offense
4. Prisoner is seventy years old and above;
- It is a collective term for absolute pardon, 5. Prisoner is terminally-ill;
conditional pardon, and commutation sentence. This is
6. Alien prisoners where diplomatic considerations and
amity among nations necessitate review and
7. Other similar or analogous circumstances whenever
the interest of justice will be served thereby

When Applications for Executive Clemency will not be


Favorably Acted Upon by The Board of Pardon and
Parole.

1. Convicted of evasion of service of sentence;


2. Who violated the conditions of their conditional
pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of Violation of the Dangerous Drugs Act of
1972 and the Comprehensive Dangerous Drugs Act of
2002;
6. Convicted of offenses committed under the influence
of drugs

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