CORRECTIONAL ADMINISTRATION

PART I. INSTITUTIONALCORRECTIONS

IMPORTANT TERMINOLOGIES

 CARPETA – refers to the institutional record of an inmate which consist of his mittimus / commitment order,
the prosecutor’s information and the decision of the trial court, including the appellate court, if any.
 COMMITMENT- The entrusting for confinement of an inmate to a jail by competent authority for
investigation, trial and/or service of sentence.
 CORRECTIONS – is that branch of administration of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted offender.
 COMMITMENT ORDER – a written order of the court or any other competent authority consigning an
offender to jail or prison for confinement.
 CONTRABAND – any article, item or thing prohibited by law and/or forbidden by jail rules.
 CORPORALPUNISHMENT- the infliction of physical pain as a form of punishment.
 DETAINEE – person who is confined in prison pending preliminary investigation, trial or appeal; or upon
legal process issued by competent authority. A person accused before a court or competent authority who
is temporarily confined in jail while undergoing investigation, awaiting final judgment.
 Prisoner/INMATE – (brief definition) either a prisoner or detainee confined in jail. (as defined in Bureau of
Corrections Operation Manual ) refers to a national prisoner or one sentenced by the court to serve a
minimum term of imprisonment of more than three years or to a fine of more than P 1,000; or regardless of
the length of the sentenced for violation of the Customs law or other laws within the jurisdiction of the
Bureau of Customs or enforceable by it, or for violation of election of immigration laws; or one sentenced to
serve two or more prison sentences or aggregate exceeding the period of three years, whether or not he
has appealed. It shall also include a person committed to the bureau by a court or competent authority for
safekeeping or similar purpose. Unless otherwise indicated, “inmate” shall also refer to a “detainee”.
 DETERRENCE – a crime – control strategy that uses punishment to prevent others from committing similar
crimes.
 DIVERSIFICATION – Administrative device of correctional institutions of providing varied and flexible types
of physical plants for more effective control of the treatment programs of its diversified population.
 DIVERSION – Establishment of alternatives to formal justice system such as deferred prosecution
resolution of citizen’s dispute, and treatment alternatives to street crimes.
 DEINSTITUTIONALIZATION – A crime strategy that focuses on keeping the offenders in the community
rather than placing them in long – term institution.
 MITTIMUS - A warrant issued by a court bearing its seal and the signature of the judge, directing the jail or
prison authorities to receive inmates for custody or service of sentence imposed therein.
 PENANCE – An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense.
 PENAL SERVITUDE – A punishment, which consist in keeping an offender in confinement and compelling
him to labor
 PENALTY – Is the suffering that is inflicted by the state for the transgression of the law.
 PENITENTIARY – A prison, correctional institution, or other place of confinement where convicted felons
are sent to serve out the term of their sentence.
 PENOLOGY – A branch of criminology, which deals with the management and administration of inmates.
The science of prison management and rehabilitation of criminals (Black’s Law Dict.).
 Rehabilitation – A program of activity directed to restore an inmate’s self – respect thereby making him a
law-abiding citizen after serving his sentence.
 SAFEKEEPING – The temporary custody of a person for his own protection, safety, or care; and/or his
security from harm, injury or danger for the liability he has committed.
 STATUS OFFENSE – Behavior or conduct that is an offense when committed by juvenile.
 BLUE- FLU – The practice of uniformed personnel of taking sick leave EN MASSE to back-up their
demands for improved working conditions, salary increments, and other items on their agenda.
 CONVICT BOGEY – Society exaggerated fear to convict an ex- convict which is usually far out of
proportion to the real danger they present.
 FURLOUGH – Authorization that permits inmate to leave containment for emergency family crises, usually
accompanied by correctional officer crises include visiting “death – bed”.
 HALF-WAY HOUSES – Are non-confining residential facilities for adjudicated adults or juvenile or those
who subject to proceedings. They are alternative to containment for person not suited for probation who
need period of re- adjustment to the community after imprisonment.
 Quarter houses – for probationers
 Half houses – for parolees
 Three Quarter houses – intensive alternative for prison confinement/committed.
 EXPUNGE – The process by which the record of crime conviction is destroyed or sealed after expiration of
statutorily required time.

Notes on Correctional Administration 1

 ORIGIN OF THE WORD PRISON
Derived from the Greco-Roman word PRESIDIO – PRE means BEFORE and SIDIO means INSIDE. It is
synonymous to a FENCED- CAVE OR DUNGEON.

ORIGIN OF THE WORD JAIL

 It is said to have been derived from the SPANISH word JAULA which means a CAGE

 Etymologist attributed that it originated from the SPANISH word meaning a place of confinement.

 It is also said to have been derived from the FRENCH word GAOL pronounced as “GEOLE”, a place for
arrested for a commission of a crime.

 The legal definition of jail as stated in the case captioned People vs. Caricaban, 13672-CR dated 09 Sept.
1965, “Jail is a building or place of confinement of arrested or sentenced persons. It is usually made up of
cells which are small rooms or enclosures where prisoners are actually kept. Or confined.”

DIFFERENT TYPES OF JAILS

 Lock – up – is a security facility for the temporary detention of persons held for investigation or awaiting
preliminary hearing

 Ordinary – houses both offenders awaiting court action and those serving short sentences usually up to
3 years.

 Workhouse, Jail farm of Camp houses – detains minimum custody prisoners with constructive work
programs.

THE GULAG

 The term Gulag of Igorot Mountain tribe according to linguist, refers to a wooden – fence where
convicted felons were imprisoned by the elders.

 At the height of the banawe rice-terraces construction, the Tribe’ Chieftain considers it a crime for
any able-bodied male who refuses to work at the terraces, if found guilty of such idleness he will be
sent to the Gulag.

THE GULAG OF GERMANY

 This is the infamous Gulag prison of Aleksandr Solzhenitsyn in Germany, where thousands of Jews
were man-slaughtered during the reign of Adolf Hitler.

THE GULAG OF RUSSIA

 It is a corrective acronym for corrective labor camp, a penal institution established in 1918 after
Russian Revolution. It was the most feared prison during the reign of Joseph Stalin between 1934
to 1947.

METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES

 GARROTE – This became popular when 3 friar’s priest commonly addressed as GOMBURZA
were executed in 1872 by the Spanish colonial rules for exposing the venalities of the church.

 MUSKETRY – National Hero Dr. Jose Rizal died due to the alledge rebellion to the Spanish
government. Drug lord Lim Seng met his death sentence by firing squad in1973 at Fort Bonifacio
during Martial Law.

 BEHEADING - Guerilla’s apprehended were beheaded by Samurai Sword at the Japanese

Kempetei Garrison in 1943.

 HANGING – the famous tiger of Malaysia Yamashita died of hanging from 13 th footsteps platform in
1946.

 ELECTRIC CHAIR – The Muntinlupa electric chair have claimed more than 70 lives convicted of
capital offenses since its installation 4-decades ago.

Notes on Correctional Administration 2

  LETHAL INFECTION – While the 1987 constitution abolished death sentence, however, Congress
in 1996 passed RA 7659 as amended by RA 8177 that Imposes death penalty for heinous crime by
lethal injection.

OTHER FORMS OF EXECUTION

 STONING – It is a form of execution wherein the condemned person is pelted with stones

 BEHEADING – A form of capital punishment practiced in ancient Greece and Europe, the
punishment is reserved for offender of high rank and for notorious criminals. The condemned
man’s neck is placed on the wooden curved wood specially designed for the purpose. Most
often, the doomed-man is black hooded with both hands tied at the back before his head is
positioned at the chopping block. At a given signal the head is axed and the severed head fall
on the truck provided therefore. Today, beheading continues to be the method of executions for
capital punishment in many Muslim countries including China.

 CRUCIFICTION – A person convicted to death was nailed on the cross with both hands and
feet to add ignominy to his agony and humiliation he was crowned with the specter of vines of
spines on his head. Then the Roman pears were thrust to his flesh body and died of
asphyxiation.

 BURNING AT STAKE – Form of execution wherein the convict is tied in a pole and then set on
fire alive.

 FEEDING TO THE LIONS – The offender is thrown in a lion’s den.

 PILLORY – Bouvier’s Dictionary defines pillory as a wooden machine, in which the neck of the
doomed culprit is inserted thereof and usually executed in public as a means of punishing the
offenders in Europe and Colonial America.

 Pillory is a wooden frame with three curved holes in it (two for the left and right wrists and the
middle curved hole is for the neck ) and mounted on the post upon a platform, the condemned
man was left to die at the mercy of unfriendly weather. Other similar forms with holes for the
offender’s feet are called as STOCK.

 DECAPITATION – derived from a LATIN word “DE” meaning FROM and “CAPUT “meaning a
HEAD. Instead of using axe, the method employed is by the use of a sword and the practice is
widespread in China and Muslim States.

 FLAGELLATION – An X-designed log was cross-joined and decline at 65 degrees backward.

The hooded doomed-man was tied on the cross-x with both hands spread upward while the
feet were spread apart. The con-man is bared naked except with the skimpy short pants.

The whipping rod is made of stripped hard leather with brass button in laid across and
embedded at the tips. At the given signal, six men will whip 30 lashes each alternately and will
continue, except upon the intercession of the victim or the State which shall, this intervention of
the aggrieved to stop is tantamount to pardon and the co-man shall be released to freedom.

• GARROTE – An iron collar attached upon a scaffold formerly used in Spain and Portugal. The
convict is seated on the improvised chair with both hands and feet tied. Then, the victims neck
is placed on the collar attached to it, finally, the iron-collar is slowly tightened by the screw at
the back chair by the executioner until the death convict is pronounced death.

This method of execution was abolished in the Phil. By virtue of Act.451

• GUILLOTIN – A device for cutting off people’s head developed in 1792 by Dr. Joseph Ignacio
Guillotin a member of the French National Assembly, he proposed that all executions must
beuniform and painless.

• ELECTRIC CHAIR – The convict is seated in a chair made of electrical conducting materials
with strap of electrodes on wrist, ankles and head. Upon orders, the lever will be pulled-up and
the fatal volts of alternating current pass the body until the convict dies. If ever the convict is
still alive, the lever shall be pulled-again until he is pronounced dead.

• HANGING- Mostly the execution is conducted at dawn. The executioner will place a cloth over
his head. Steel weights are strapped to the legs of the death convict to ensure that he/she will

Notes on Correctional Administration 3

 die quickly. Then the rope will be placed around the neck of the convict, and, finally, the
platform will be removed.

• MUSKETRY – Most often, the convict is black hooded with hands tied and may face or snub
the firing squad.

• GAS CHAMBER- Invented after World War I by a Medical Corp’s Officer of the US Army as an
alternative to electric chair. In medical term the convict will die from Hypoxia, which means
death due to the cutting-off of Oxygen in the brain. The convict is placed in a sealed chamber
where the carbon monoxide is introduced until the convict is pronounced dead.

• Ergastulum

• Furca

• Singsing bath

• Oblivion

• Pendulum

• LETHAL INJECTION - Developed in 1924 by an anesthesiologist in Nevada. Components of

chemicals used in lethal injections:

 Non-Lethal Dose Sodium Thiopental = a sleep introducing barbiturate commonly

used in surgery to put the patient asleep.

 Lethal Dose Pancuronium-Bromide = a drug capable of paralyzing the muscles.

Potassium Chloride= capable of stopping the heartbeat within seconds, this is
commonly usd in heart-by-pass operations.

PRE-HISTORY & EARLY HISTORY

• Retaliation (vengeance), fines and punishment (expulsion/execution)

Early codes

• CODE OF HAMMURABI – A famous code enacted by King Hammurabi of Babylonia at about

2123-2031 B.C. King Hammurabi was a conqueror and Lawgiver through a reign of forty three
years. Under him, the warring states lower Tigris-Euphrates valley was forced into unity and
peace. This code mingles that of the most enlightened laws with the most barbarous
punishments and sets trial by ordeal. Babylonia at this time was one of the richest cities the
world ever known. Its people were Semitic, with dark hair and features. Historically and
ethnically, Babylonia was a product of the union of Akkadians and Summerians. The code of
Hammurabi which was engraved on a diorite cylinder was unearthed at Susa in 1902 had been
carried from Babylonia to Elam about 1100 B.C. This influential codes is now in Paris.

• Summerian codes – were those of Kings Lupit-Ishtar and Eshnuna of Summeria – a kingdom
before its gration to Akkadia to become Babylonia.

• CODE OF DRACO – was a code of excessive harshness codified by Draco. An Athenian

statesman who was known for exacting extremely cruel laws. His laws designated that almost
every violation of law was a capital offense, usually punished by death. The penalties were said
to have been written in blood. (7th century B.C. or 621 B.C.)

• CODE OF SOLON – was codified by Solon an Athenian ruler who repeated the laws of Draco
by eliminating death penalty for a number of offenses, however, he retained the death penalty
for the offense of the murder. Solon was born to a well-to-do family of Athens. He worked as
merchant in export and import trade and considered himself relatively poor. He is called the
immortal legislator because the contemporary legislatures use the term solon to refer to a law
maker.

• ROMAN LAW – (12 tables) made in mid 6 th century B.C. when Rome was in transition from
Kingdom to Republic. 12 tables were the foundation of all have throughout Roman history
drafted by “Decembirs” – the special commission of patricians. In A.D. 527, Emperor Justinian
tasked 12 experts to review laws of Rome and made a new digest “Institute of Justinian”

Notes on Correctional Administration 4

MIDDLE AGES (execution, corporal punishment, guillotine and gallows)

 CHURCH INFLUENCE- crime and sin were considered offences against God. Violators of Cannon law
were also punished. Ecclesiastical Prisons were constructed.
 Right of sanctuary - the right of a person to go to designated places (usually holy places) where he can
escape punishment. This was however abandoned in the 17 th century.
 BENEFIT OF THE CLERGY – a benefit enjoyed by members of clergy to take into custody penitent
criminals and be exonerated from their offense committed. This benefit however was applicable to literates
only.

THE GALLEYS, GALLOWS, AND PILLORY

 GALLEYS – are places where offenders were designated to propel a ship. On 1602, Elizabeth I proclaimed
that prisoners convicted of less capital crimes might be reprieved from execution and send to the galleys.
 GALLOWS – instrument used in execution by hanging offenders on public more than 200 crimes (from theft
to murder) were punishable by death during the 1700’s. it is the most prominent method of execution.
 LEX SALICA – payment for death or injury, it varied according to rank, sex and age of the victim.
 WERGELD – means “man –money” payment according to value of the victim to his family.
 FRIENDSGELD – Practice of paying restitution to the crown, in addition to individual for crime.

BANISHMENT (EXILE) AND TRANSPORTATION

BANISHMENT – one of the earliest forms of social vengeance where the offenders are expelled from the society
and force them to live in wildness.

BANISHMENT TO PENAL SERVITUDE – in effect a civil death.

BANISHMENT TO THE GOALS (JAILS) – usually ends in physical death.

TRANSPORTATION – banishment by deportation to a distant location or other colonies by a court.

1596-1776 – when England economic condition worsened and number of imprisonable crimes (work ethics)
increased filing up available prisons, deportation or transportation to colonies became the solution.

1776 – Transportation to America was halted by the American Revolution.

HULKS – A sordid episode, from 1776 to 1875 where abandoned or unusable transport ships anchored in rivers
and harbors throughout the British Isles were used to confine criminals, young and old male and female.

Penology – comes from the latin word “Poena” w/c means pain of suffering. It deals with the management and
administration of inmates.

Correction – A branch of Criminal Justice System concerned with the custody, supervision and rehabilitation of
Criminal offenders.

Primary School of Penology

1. The Classical Theory -“docrine of psychological hedonisn” or “free will” individual calculates pain and
pleasure in advance of action and regulates his conduct as a result of his calculation.

2. The neo-classical school - classical doctrine is correct, but, it should be modified some details. For children
and lunatics cannot calculate the difference between pain and pleasure, They should not be regarded as
criminal,hence, exempted from punishment.

3. The positivist etalian school - denied individual responsibility and inflected non-punitive to crime and
criminality, it adheres that crime as any other act is a natural phenomenon, criminal arte sick individual that need
treatment rather than punitive action against them.

Early Codes;
1. Babylonian and Sumarian Codes
Code of King Hammurabi ( Code of Hammurabi) - 1750/1990 B.C, Known as the oldest code that
prescribed extreme and savage punishment, however, Sumarian code were said to be nearly one hundred years
older.

2. Roman codes (Emperor Justinian)

Justinian Code-6th Century A.D. , The code that provide to match desirable amount of punishment to all
possible crimes, but the law never long last due to the fall of Rome.
The 12 tables(Xll Tabulae) 450 B.C. The foundation of all public and private law of the Romans until the
time of Justinian, it is a collection of legal principles engraved in metal tablets and set up in the forum.

Notes on Correctional Administration 5

3. Code of Draco, Greece - A harsh code that provide the same punishment both Citizen and slave as it
corporate primitive (Vengeance, blood feuds)
The Greek were the first society to allow any citizen to prosecute the offender in the name in the injured
party.

4. The Burgundian Code( 500 A.D.)---- Specified punishment according to the social class of offender,
dividing them into; Nobles, middle class and lower class specifying the value of the life of each person according to
social status.

Early Codes (Philippine Setting)

1. The code of Kalantiaw (1433) - most extensive and severe law that prescribed harsh punistment.
 In honor to the 3rd ruler of panay Island.
 Panay Island before, now Akland Province.
 Composed of 18 Articles
 Comparable to Greek, Roman, English and Spanish Law.
2. The Maragtas Code (Datu Sumakwel)
3. Sikatuna Law

March 13, 1887 = The code finally became enforceable inj the Philippines together with the “ Ley Engeciamento
Criminal’’

Commendancias = Equivalent of todays police station

Guardia Civil = Police today

Brigadas = made up of very strong adobe stone

Manila city Jail =Historical landmarks of Old Bilibid Prison

Old bilibid Prison = First penal institution in the Country

= First Insular penitentiary in the country

Mayhaligue State = To where Old Bilibid Prison Erected, along Recto St. at Present

Azcarraga St. = Recto St At Present

Early prison
1. Fortresses, Castles and Town gates
2. Mamertine Prison - the only early Roman place of confinement which is built under the main sewer old
Rome( 64 B.C.)
3. Bridewell Workhouse( London 1557) - built for the employment and housing of English Prisoner.
4. Wulnut Street Jail ( Philadelphia) - Originally constructed as a detention cell, converted into a estate
prison and became the first American Penitentiary.
5. Elmira Reformatory and Correctional Facility( New York USA) - Known otherwise as “the Hill” is a
maximum security prison, during the Golden Age used parole extensively.
Considered forerunner of modern penology because it had all the element of modern Penology.
6. Auburn Prison and Correctional Facility( New York) - Built in the Land that was once a CAYUGA Indian
village. Maximum Security Facility, “A Congregate System”
7. Singsing Correctional Facility (New York) - Became famous to the whole world because of singsing
bath.
8. Borstal Prison( England, UK) - run by prison service and intended to reformed seriously delinquent young
people.
9. Witzwill Prison - 1891” Almost Certainly” the first open prison

Inmates according to risk

1. Super Maximum
2. Maximum
3. Medium
4. Minimum
5. High Profile
6. High Risk

CORRECTIONAL ADMINISTRATION
1. BJMP
2. Bucor
3. Provincial Jail

The Bureau of Correction

1. NBP
2. San Ramon Penal Farm
3. Iwahig
4. Davao Penal Farm
Notes on Correctional Administration 6
 5. Sablyan
6. LRP
The Reception and Diagnostic Center
1. Midium, NBP
2. San Ramon

UN Standard
1. Scorting
2. Custodial ratio
3. Inmates per square meter
4. Area
5. classification of inmates
6. transporting of inmates boarding a ship/airplanes
7. Messing
8. Dead inmates
9. view the remain of inmates dead relatives
10. Distierro
11. Mail
12. plug down scape route
13. Emergency?riot
14. youth program/YRC
15. 200 bucor operating manual
16. 2007 bjmp, operating manual
17. Customs and tradition
18. press pool
19. RA 7659
20. RA 8177
21. Transfer on inmates within Bucor jurisdiction
22. Transfer of inmates from other Law enforcement agency to Bucor
23. Transfer of inmates from Bucor to PJ and vice versa
24. Shake down
25. mandatory labor
26. Trust Fund
27. Pecuniary Aid
28. visitation
29. Inmates grievance
30. Disciplinary Machinery
31. 12 hrs
32. 24 hrs
33. 4 security( Custodial)
34. Scape

Notes on Correctional Administration 7

PART II. NON-INSTITUTIONAL CORRECTIONS

PROBATION LAW IN THE PHILIPPINES

P.D. 968- As amended-otherwise known as the “Adult Probation Law of 1976.

Congressman Teodulo Natividad

Drafted the Decree on Probation in the Philippines
First Probation administrator
Father of probation in the Philippines

CONGRESSMAN RAMON BAGATSING AND TEODULO NATIVIDAD- introduced House Bill 393 “An act
Establishing Probation in the Philippines.

Ferdinand E. Marcos – Former President of the Philippines who approved and signed P.D. 968, as amended, on
July 24, 1976.

PROBATION INVESTIGAION PROCESS:

A person had been accused of a crime can either be detained in jail or released in the community.
The Prosecutor will be furnished a copy of the application for the probation for his/her comment, if there is
any, within ten (10) days upon receipt thereof. The Court shall act on the said application within fifteen (15) days
upon receipt of the petitioner’s application for probation.
No application for probation shall be entertained or granted if the defendant has an appeal from the
judgment of conviction.
If the convicted individual applied for probation, it is an automatic waiver of his right to appeal. If he
appealed, he could no longer apply and be allowed to enjoy the benefits of P.D. 968, as amended.
Should the application for application for application for probation be given due course by the Honorable
Court, the accused will then be investigated and assessed whether legally qualified and suitable to undergo a
community based rehabilitation program. The court will issue a Refferal, otherwise known as an Investigation
Order.
CONTENTS OF AN INVESTIGATION ORDER:
The Investigation Order directs the Chief Probation and Parole Officer to:
 Conduct Post Sentence Investigation (PSI);
 Submit a Post Sentence Investigation Report (PSIR);
 Submit PSIR within (60) days

WHO MAY APPLY for PROBATION?

a. A convicted offender:
b. Sentenced to serve a maximum term of imprisonment of not more than six (6) years;
c. Not convicted of subversion, or any crime against national security;
d. Not previously convicted by final judgment of an offense punished by imprisonment of not less than one (1)
year and one (1) day and/or fine not less than P200.00;
e. Not having been on Probation under the provisions of PD 968;
f. Who is yet serve his sentence at the time the substantive provisions of PD 968 became applicable.

WHEN TO APPLY?
After conviction and sentence, a convicted offender or his counsel may file a petition for probation.
WHERE TO APPLY?
The Presiding Judge of the sentencing court

Probation Investigation Process

Accused

Out from Jail (OJ) InsideJail (IJ)

Convicted Offender – Petitioner

Court (15 days to Act on Application for Probation)

Notes on Correctional Administration 8

 Prosecutor (10 days for comment)

2 ways for temporary liberty

Bail Release on Recognizance(ROR)

Court
-referral (investigation order)

Parole and Probation Office (CPPO)

-Post Sentence Investigation (PSI)
-post Sentence Investigation Report (PSIR)
-Submit within 60 days

Court

Deny Grant Withdrawn

Jail Probation Supervision Jail

(in the community)

Bail

 bail-jumping - the criminal offense of defaulting on one’s bail

 bailee - a person who receives personal property from another as a bailment
 bailer/bail agent/bail bondsman - one who provides bail as a surety for a criminal defendant’s release
 bail bond - a bond given to a court by a criminal defendant’s surety to guarantee that the defendant will
duly appear in court in the future and, if the defendant is jailed, to obtain the defendant’s release from
confinement
 bail commissioner - a judge empowered to hold an emergency hearing to set bail when a hearing cannot
be held during regular court hours
 excessive bail - bail that is unreasonably high considering both the offense with which the accused is
charged and the risk that the accused will not appear for trial
 personal recognizance - the release of a defendant in a criminal case in which the court takes the
defendant’s word that he or she will appear for a scheduled matter or when told to appear
 surety - a person who is primarily liable for the payment of another’s debt or the performance of another’s
obligation

RULE114
BAIL

SECTION 1. Bail defined. Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter
specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance, (1a)

Parole
A. Meaning of Parole
- Is a French word and is used in the sense of word of honor. Thus the implication is that the
released prisoner would give his honor and that he would abide by the terms of his conditional
release.

Notes on Correctional Administration 9

Historical Background of Parole:
Parole as a penal practice is part of the reformatory idea which originated in the dim historical part in
Europe. Among the practices in the 17th and 18th centuries was the conditional pardon granted to indentured
servants transported to the American colonies, wherein a violation of terms.

Names to Remember in the History of Parole

1. Capt. Alexander Maconochie – (England) became the Governor/ Supt of Norfolk Island, a penal colony in
the east of Australia and initiated the famous “Mark System”.
2. Sir Walter Crofton- remedied and perfected the failure and drawbacks in the Mark System. He introduced
the Irish System and was appointed as the Director of Irish Prison System.
3. Dr. S.G. Howe of Boston- first man to use the word “parole”, he used the word in a letter to a prison
Association of New York in 1869, after some American Prison Reformers who observed that the Irish
Prison System paved the way for the approval of the law creating Elmira Reformatory.
4. Zebulon R. Brockway- Superintendent of Elmira Reformatory, compulsorily developed parole which soon
spread to other states in U.S.A.

Parole in the Philippines

Act. 4103- Otherwise known as the “Indeterminate Sentence law”

(Took effect on December 5, 1933)
Board of Indeterminate Sentence

Amended Executive Order 83, series of 1937

-Gave the Board the authority to advice the Chief executive on the course or courses of action
to take on petitions for executive clemencies.
-renamed the Board of Indeterminate Sentence to
BOARD OF PARDONS

Amended by executive order 94, otherwise known as

“the reorganization law of 1947”
Which abolished the Board of Pardons and created the
Board of Pardons and Parole

Constitutional and Statutory Mandate

The Board is the administrative arm of the President of the Philippines in the exercise of the constitutional
power to grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment.
The indeterminate Sentence Law of 1933 was further amended by RA 4203 which provided the
qualification, term of office, composition and compensation of the Board members on June 19, 1965.

BPP resolution No. 229 dated April 2, 1991 “Authority of Regional Probation and Parole Officers” to
conduct Pre-Parole Investigation.

The Board resolved as it has hereby resolved, to authorize the parole and probation administration to
conduct Pre- Parole and Executive Clemency of Investigation of provincial and national prisoners confined in city
and provincial jails, the national penitentiary and penal colonies and to submit a report of said investigation sixty
days before the expiration of the minimum sentence of the prisoner concerned.’
Likewise, by virtue of the Executive Order No. 292 on November 23, 1989, Probation Administration was
renamed Parole and Probation Administration.

Parole Investigation Process

Process starts upon receipt of the Board of Prison and records and CARPETA of national prisoners,
(confirmed in national penal farms and colonies) from the Director of Prisons.

Notes on Correctional Administration 10

 The Director of Prisons has the responsibility to forward the document to the Board of Pardons and Parole,
30 days before the expiration of the prisoner’s minimum sentence.

The municipal City, District and Provincial Jail Wardens has the obligation to transmit to the Director of
Prisons all pertinent records of prisoners in jails 30 days before the expiration of such prisoner’s minimum
sentence. The Director of Prisons shall submit to the Board for its consideration within 15 days after receipt of
aforestated records.

At any time, prisoners or any person in their behalf can file a petition for parole and executive clemency in
view of the fact that NOT ALL prison records and Carpetas of qualified national, provincial district, municipal and
city prisoners are transmitted to the concerned authorities within the reglamentary period.

If the petitioner’s application is considered, the Board will issue a Referral, requesting the Parole and
Probation Administration to conduct the following within 30 days upon receipt thereof:
a. Conduct pre-parole investigation
b. Submit pre-parole investigation report

Upon receipt of said reports, the Board shall asses and determines whether the petitioner is qualified for
parole. If the offender deserves to enjoy the benefits of being placed on parole,
“Release Document” or specifically known as “Discharge on Parole” will be issued for prisoner’s temporary liberty.

Petition for Parole/ Executive Clemency filed by convicted aliens who are serving sentence in the
Philippines are referred for comment and recommendation to the secretary of Foreign Affairs who shall determine in
so far as it is valid and legitimate, the grant of executive clemency to a foreigner should be done. The basis of its
approval shall be “Quid Pro Quo” or “something to something”.

The Board can always act on the cases of a national prisoner regardless of where he is confined. However,
if still confined in Municipal, City, District and Provincial jails, the warden shall issue a certification that the
continued confinement of the prisoner in his jail is beyond his or prisoner’s control.
♦Take note that the board does not take action on prisoners who have pending cases in court.

Duties of the Board:

a. Look into the physical, mental and moral record of prisoners who are eligible for parole and determine the
prescriptive period of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive Clemency;
e. Issue referral to the Parole and Probation Administration

Eligibility for Review:

Prisoner’s case is eligible for review if:
1. His conviction is final and executory;
2. He has served the minimum period of the sentence imposed to him.

Disqualification:
Prisoners are disqualified to be on parole if:
1. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
2. They were convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded sentence;
5. They have been on conditional pardon and had violated any of the conditions imposed by the Board;
6. Their sentences do not exceed 1 year or those with definite sentence;
7. They are suffering from any mental disorder as proven by a government psychiatrist or psychologist
accredited by the Department of Health;
8. They have pending criminal cases.

Notes on Correctional Administration 11

 Parole Investigation Process

Director of Prisons
(Forward Carpeta and Prison Records)

Board

Referral

P.P.A.
-Conduct Pre-Parole Investigation (PPI)
-Submit Pre-Parole/Investigation Report (PPIR)
-Thirty days investigation period

Board

Grant Denied

Discharge on Parole Serve the Sentence

Temporary Liberty

-will be placed under Parole Conditions

Parole Supervision Process:

Starts upon the issuance of the “DISCHARGE ON PAROLE” or otherwise known as the “RELEASE
DOCUMENT” from the Board of Pardons and Parole.

Should a prisoner be released because of PAROLE, he will be called a PAROLEE. However if he will be
placed under CONDITIONAL PARDON, he will be called PARDONEE. Whether a parolee or pardonee, both will
be considered as “CLIENTS”. They will be under the supervision and shall abide with the conditions stated in their
release document.

The mandatory parole conditions:

a. To report to the probation office within 45 days;

b. To report at least once a month for those who are residing outside Metro Manila/ to report at
least twice a month for those who are residing within Metro Manila

Notes on Correctional Administration 12

 Substantial compliance during parole supervision would result in the submission of summary report by the
supervising Probation and Parole Officer. In effect, upon evaluation, the board may resolve to issue a
CERTIFICATE OF FINAL RELEASE AND DISCHARGE (FRD) for the absolute freedom of the client.
On the contrary, if the client failed to comply with his any of his parole conditions stated in his discharge on
parole, the supervising Probation and Parole Office may submit a Progress, Infraction or violation Report with
recommendation to issue an ORDER OF ARREST AND RECOMMITMENT (OAR). In this regard; the board may
grant the same which may result to re-incarceration of the client.

Parole Supervision Process

Board

Release Document (Discharge on Parole)

Director of Corrections or Warden of the Jail

Certificate of Release of the Prisoner

Probation and Parole Officer

Parole Supervision

Client (Parolee/ Pardonee)

Conditions

Complied Do not comply

Summary Report Reports

1. Progress Report
2. Infraction Report
3. Violation Report

Certificate of final release Order

of Arrest and Recommitment

Absolute Freedom Prison

-serve the remaining portion
of the maximum sentence to
which he has originally
committed to prison

Notes on Correctional Administration 13

MODE OF EARLY RELEASE

RA 6127 also known as The Full Time Credit

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners,
he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone
preventive imprisonment."
Section 2. This act shall take effect upon its approval.
Approved: June 17, 1970

Good Conduct Time Allowance

Whenever lawfully justified, the Director of Prison grant allowances for good conduct. Such allowance once
granted shall not be revoked.
a. Authority to grant time allowance for good conduct is exclusively vested in the Director of Prison.
(provincial warden cannot usurp Directors's authority)
b. It is not an automatic right and once granted, cannot be revoked by the Director of Prison.(Article 99,
Revised Penal Code)

Grant of Good Conduct Time Allowance

a. The Director of Correction shall grant allowances for good conduct. Such allowances once granted shall not be
revoked.
b. The allowance for good conduct shall be granted equally and uniformly to prisoners with good behavior and
without adverse records of branches of discipline or violation of prison rules and regulations that are recorded in
their prison carpetas or file jackets.

To be deducted Good Conduct and Time Allowance (GCTA) from sentence as long as there are no
infractions warranting non-deduction under the law;
The Director of corrections may grant GCTA to an inmate for good behavior with no record of disciplinary
infraction or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner's sentence for
good behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied to all
prisoners as long as he does not commit violations of prison rules and regulations. GCTA is a kind of right that can
only be denied if the prisoner breaks the rules and only after due process is observed.

Good conduct entitles the inmate to the following deductions from his sentence
 During the first two (2) years of imprisonment, he shall be allowed a deduction of five (5) for each month of
good behavior;
 During the third (3rd) to fifth year(5th), inclusive, of imprisonment, he shall be allowed a deduction of eight
(8) days for each month of good behavior;
 During the following years until the tenth (10th) year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten (10) days for each month of good behavior; and
 During the eleventh (11th) and successive years of his imprisonment, he shall be allowed a deduction of
fifteen (15) days for each month of good behavior.
-Allowance for good conduct is not applicable when the prisoner is release under conditional pardon.
-Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving his
sentence.(Article 97, Revised Penal Code)

EXECUTIVE CLEMENCY INVESTIGATION PROCESS:

Upon referral from the Office of the President or upon petition of the prisoner , the board may act on his case. A
formal petition may be submitted to the Board and should be addressed to :
The President of the Philippines
Through The Chairman
Board of Pardons and Parole
Quezon City

Under the Rules and Regulations of Board of Pardons and Parole, “The Board may , however , motu propio,
consider cases for commutation of sentence or the conditional pardon of deserving prisoners whenever the interest
of justice will be served thereby”
Petition for Absolute or Conditional Pardon shall be indorsed to the Board by the Secretary of the National Defense
if the crime committed by the prisoner is a crime against the national security. However, if it’s a violation against any
of the crimes stated in the Omnibus Election Code or any of its rules and regulations, then favorable endorsement
shall be done by Commission on Election.
The guidelines for recommending Executive Clemency
Notes on Correctional Administration 14
The President has the power to grant Executive Clemency. The Board of Pardons and Parole acts on the cases of
prisoners upon his application or referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the grant of Executive Clemency (E.C): (BPP
Manual 2006)
1. Recommendation granting EC for the prisoners given by the trial court or appellate court;
2. Penalty imposed is too harsh compared to the crime committed by the prisoner;
3. Presences of evidences which would have justified an acquittal of the accused which was not considered by
the court even before his/her conviction;
4. Prisoners who are more than nine (9) years but lower than eighteen (18) years at the time of the commission of
the offense;
5. Prisoners who are seventy (70) years old and above and have serve at least five (5) years of their sentences or
whose continued imprisonment would be harmful to their physical conditions.
Other Circumstances:
1. Prisoner is suffering from severe physical disability according to a certified physician accredited by the
department of health;

Petition for EC may be reviewed only if the petitioner meets the minimum requirements as stated in the Manual of
the Board of Pardon and Parole.
DISQUALIFICATIONS:
Prisoners shall not be granted EC if:
1. They had been on conditional pardon and violated any of its conditions;
2. They are recidivist;
3. They were convicted of evasion of service of sentence, kidnapping for ransom, violation of RA 9165 except
those convicted of the use and or possession of prohibited or regulated drugs , offenses committed under
influence of drugs;
4. Their release would be a risk to the community; and
5. They are suffering from insanity.

Who may apply?

- A prisoner: not eligible for Parole
- Who has not been sentenced to another prisoner term within one (1)
Year from the date of his last recommitment to the jail or prison from where he escaped;
- Who has not violated any condition of his discharge on parole or conditional pardon;
- Who is not suffering from mental illness or disorders certified by a government psychiatrist;

When to apply?
- Commutation of sentence- once the prisoner has served at least 1/3 of the minimum of his indeterminate
sentence;
- Conditional Pardon- once the prisoner served ½ of the minimum of his indeterminate sentence;
- Absolute Pardon- Ten (10) years must have elapsed from the date of the petitioner’s release from
confinement , or five (5) years from the expiration of his maximum sentence, whichever is more beneficial
to him.

Where to apply?
- The President of the Philippines, through the chairman , Board of Pardon and Parole ,Manila .

Executive Clemency Investigation Process

Office of the President made by the Prisoner

Board
(Referral)

P.P.A.
-investigate
-submit required reports within 30 days

Board
-recommends
Notes on Correctional Administration 15
 -resolves
-certifies

Office of the President

Granted Denial

Immediate implementation Retention in Prison

GENERAL GUIDELINES
Executive Clemency
Shall refer to Absolute Pardon,Conditional Pardon,Commutation of Sentence and Reprieve 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, amnesty for all offenses except
impeachment cases and remit fines and forfeitures after the recipient has been convicted.
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it.
Clemency under the criminal justice system is the act by an executive member of government of extending mercy
to a convicted individual.
The board of Pardons and Parole is the agency in charge with the release of sentence prisoners based on
modes specified by law. Its action and proceeding is governed by the provisions of sec. 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.
An Indeterminate Sentence is a sentence imposed for a crime that isn't given a definite duration. The
prison term does not state a specific period of time or release date, but just a range of time, such as "five-to-ten
years."
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 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.
Effects of Pardon

The pardoned individual no longer has an active felony conviction and should therefore be eligible for
employment opportunities that were previously unavailable. It restores the individual’s Civil Rights. Pardon has
generally been regarded as blotting out the existence of guilt so that in the eye of the law the offender is as
innocent as though he never committed the offense, it does not operate for all purposes. The very essence of a
pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the fact of the commission of the
crime and the conviction thereof. It does not wash out the moral stain. It involves forgiveness and not forgetfulness.

The better considered cases regard full pardon (at least one not based on the offender’s innocence) as
relieving the party from all the punitive consequences of his criminal act, including the disqualifications or
disabilities based on the finding of guilt. But it relieves him from nothing more. “To say, however, that the offender is
a “new man”, and “as innocent as if he had never committed the offense;” is to ignore the difference between the
crime and the criminal. A person adjudged guilty of an offense is a convicted criminal, though pardoned; he may be
deserving of punishment, though left unpunished; and the law may regard him as more dangerous to society than
one never found guilty of crime, though it places no restraints upon him following his conviction.”

A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no relief for
what has been suffered by the offender. It does not impose upon the government any obligation to make reparation
for what has been suffered. “Since the offense has been established by judicial proceedings, that which has been
done or suffered while they were in force is presumed to have been rightfully done and justly suffered, and no
satisfaction for it can be required.”
Notes on Correctional Administration 16
Absolute Pardon

It refers to the total extinction of the criminal liability of the individual to whom it is granted without any
condition whatsoever and remits the penalty imposed for the particular offense of which he was convicted. Absolute
pardon is a pardon which releases the wrongdoer from punishment and restores the offender's civil rights without
qualification.

There are two purpose of absolute pardon. First, to right a wrong. Next, To normalize tumultuous political
situation.

Philippine president Gloria Macapagal Arroyo's executive pardon of Joseph Estrada, a former president
convicted of economic plunder, has ignited controversy. The pardon is perhaps strategically intended to neutralise
the threat that Mr Estrada could rally further opposition to the rule of Ms Macapagal Arroyo. 

Conditional Pardon

It refers to the exemption of an individual, within certain limits or conditions; from the punishment that the
law inflicts for the offense he has committed resulting in partial extinction of his criminal liability.

Conditional pardon is a pardon that will not become effective until the wrongdoer satisfies certain
prerequisites or else the pardon will be revoked upon the occurrence of some specified act. In other words, a
pardon is conditional in nature when its effectiveness depends upon the fulfillment of a condition by the offender,
usually a lesser punishment, as in the commutation of the death sentence.

Amnesty

A special pardon exercised by the President of the Republic is amnesty. Amnesty is a general pardon
extended to a certain class of people who are usually political offenders. On the other hand, Amnesty needs the
concurrence of Congress and the courts also take judicial notice of the act by the President. Amnesty can be
granted before or after conviction.

Amnesty, from the Greek stem amnestia, meaning to forget, is an act of the legislature whose aim is to
erase an accomplished fact which would otherwise be punishable, and so either to prevent or to stop legal action,
or, as the case may be, to erase any sentence. Amnesty laws have their own particular characteristics: they are by
definition retroactive, since they can only apply to acts committed before they are passed. Their application is
always a matter of public concern.

In the United States, President Harry S. Truman issued two Presidential Proclamations granting amnesty
to groups of unnamed persons who were anti-war activist who opposed the involvement of United States in two
wars. The first amnesty was proclaimed in 1945 right after World War II. The second is after the Korean War in
1952.

Reprieve

It is applied to death sentences already affirmed by the Supreme Court. Reprieve is the temporary stay of
the execution of a sentence. In death sentences, the date of execution of the death convict is held in abeyance for
a certain period to enable the Chief to temporarily stay execution of sentence.

Commutation of Sentence

Commutation of sentence shall refer to the reduction of the duration of prison sentence . It is another
prerogative of the President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or
shorter term. Death sentences or life imprisonment is reduced to a shorter sentence.

The petition for absolute pardon shall be accompanied by the following requirements:

1. Affidavits of at least 2 responsible members of the community where the petitioner resides. The affidavits
shall among others, state tha the petitioner has conducted himself in moral and law-abiding citizen manner
since his release from prison and shall indicate the petitioner’s occupation and the community service he
has rendered, if any;
2. The clearances from the police, courts and prosecutor’s office where the petitioner resides.
Notes on Correctional Administration 17
A petitioner shall be eligible for the grant of Executive Clemency if he meets the following minimum requirements:

1. For commutation of sentence, the petitioner must have served at least 1/3 of the minimum sentence of his
indeterminate sentence , or the following portions of his prison sentence consisting of reclusion perpetua
(Life Imprisionment): a. at least 10 years if convicted of Robbery with Homicide, Robbery with Rape or
Kidnapping with Murder; b. at least 8 years if convicted of Simple Murder,Parricide,Rape or violation of anti-
drugs laws; c. at least 12 years if given two or more sentences for Reclusion Perpetua; d. at least 20 years
in case if 1 death sentence which was automatically commuted to Reclusion Perpetua; e. at least 25 years
in case of two sentences for Reclusion Perpetua; provided that at least 1 of the sentences had been
automatically commuted from a death sentence.
2. For conditional pardon, the petitioner must have served at least ½ of the minimum of his indeterminate
sentence or the following portion of his prison sentence; a. at least two years of the minimum sentence if
convicted of Homicide; b. at least one year of the minimum sentence if convicted of Homicide; c. at least
nine years if convicted of Frustrated Homicide; d. at least six months if convicted of Attempted Homicide.
3. For absolute pardon ten years must have elapsed from the date of the release of petitioner from
confinement or five years from the date of expiration of his maximum sentence whichever is more beneficial
to him.

The following category of prisoners shall not be considered for commutation of sentence or conditional
pardon: a. the petitioner is eligible for parole; b. the petitioner had been sentenced to another prison term
within one year from the date of his last recommitment to the jail or prison from where he escaped; d. the
petitioner is suffering from mental illness or disorder as certified by a government psychiatrist.

Notes on Correctional Administration 18