CORRECTIONAL

ADMINISTRATION
NON-INSTITUTIONAL CORRECTION

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 PARDON

Pardon is a form of executive clemency that is exercised by the Chief Executive. It is an

act of grace and the recipient of pardon is not entitled to it as a matter of right. The exercise of
pardon is vested in the Executive, is discretionary and is not subject to review by the courts.
Neither does the Legislative Branch of the government have the right to establish conditions nor
provide procedures for the exercise of clemency.

History of Pardon

The exercise of the pardoning power has always been vested in the hands of the executive
branch of the government, whether King, Queen, President or Governor. Pardon dates back to the
pre-Christian era. In fact the bible contains an illusion where a criminal was released and pardoned
by the King at the time Christ was crucified.

In England, pardon was developed out of the conflict between the King and the Nobles
who threatened their powers. Pardon was applied to members of the Royal family who committed
crimes, and occasionally to those convicted of offenses against the royal power. It was the general
view that the pardoning power was the exclusive prerogative of the King. In England today the
power to extend pardon is vested in the Queen upon advice of the Minister of the Interior.

In the United States, pardoning among the early American colonists was a carry-over of
the English practice. The Royal governor through the power delegated by the King exercised the
pardoning power. After the declaration of Independence, the Federal and state constitutions vested
the pardoning power on the President of the United States and the Governor in federal and state
cases, respectively.

In the Philippines, the pardoning power is vested on President.

Kinds of Pardon

As practiced in the Philippines, there are two kinds of pardons, namely, the absolute and
conditional pardons.

Absolute Pardon - is one, which is given without any condition attached to it. The
purposes of this kind of pardon are:

1. To do away with the miscarriage of justice - Under the present method of judicial
procedure justice is not guaranteed. It is possible to convict innocent person, as it is
possible for criminals to escape the hands of justice. When an innocent convict has no
more recourse through courts, the remedy is absolute pardon. The power of the
President to pardon offenders on the grounds of innocence is rarely exercised
because the criminal procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature be given. If so exercised,
absolute pardon is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.

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 2. To keep punishment abreast with the current philosophy, concept or practice of
criminal justice administration - A criminal act, because of changing scheme of social
values, may become non-criminal at a later date. Therefore, persons serving
imprisonment at the time of the repeal of the law abolishing the crime may be
extended absolute pardon. For example, a person serving imprisonment for black-
marketing of gasoline when this commodity was rationed may after the repeal of the
law on black-marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period. The greatest number of application
for absolute pardon come from ex-prisoners who desire to be restored their political
and civil rights. In the Philippines, the Office of the President laid down the policy to
grant absolute pardon to ex-prisoners ten years from the date of their release from
prison. Recently the policy was relaxed, thereby shortening the waiting period of five
years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office or the right to
suffrage, unless such rights are expressly restored by the terms of pardon. A pardon does not
exempt the offender from the payment of civil indemnity imposed upon him by the sentence.
Absolute pardon totally extinguishes the criminal liability but not the right of the offended party to
enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine that
the absolute pardon removes all that is left of the consequences of conviction, and that it is
absolute in so far it restores the pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid down on the Cristobal vs.
Labrador case and elucidated further that “ an absolute pardon not only blots out the crime but
removes all disabilities resulting from the conviction; and that when granted after the term of
imprisonment has expired, absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief Executive, while
amnesty is a blanket pardon granted to a group of prisoners, generally political prisoners.
Pardon is exercised when the person is already convicted while amnesty may be given before trial
or investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court distinguished pardon
from amnesty in that, “ pardon is granted by the Chief Executive and such it is a private act which
must be placed and proved by the person pardoned, because the courts take no notice thereof;
while amnesty is by proclamation with concurrence of Congress, and it is a public act which the
courts should take judicial notice. Pardon is granted to one after conviction, while amnesty is

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granted to classes of persons who may be guilty of political offenses, generally before or after the
institution of criminal prosecution and sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the following:

1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2,
Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law may
be granted without favorable recommendation of the Commission of Elections. “ (Art.
X, Soc. 2, Par. 2 Constitution of the Philippines)
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be given after final
conviction. Cases pending trial or an appeal are still within the exclusive jurisdiction of the courts
hence, pursuant to the theory of separation of powers, the Chief Executive has no jurisdiction over
the accused.

Conditional Pardon - Conditional Pardon serves the purpose of releasing, through

executive clemency, a prisoner who is already reformed or rehabilitated but who cannot be paroled
because the parole law does not apply to him. Thus a prisoner serving a determinate sentence or
life imprisonment is excluded from the benefits of the parole law. However, when this prisoner has
already been reformed, he may be released on conditional pardon.

Nature of Conditional Pardon

Conditional pardon is in the nature of a contract, so that it must first be accepted by the
recipient before it takes effect. The pardonee is under obligation to comply strictly with the
conditions imposed therein, otherwise, his non-compliance will result to the revocation of the
pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will be sentenced to
serve an imprisonment of prison correctional. However, if the penalty remitted by the granting of
such pardon be higher than six years, the pardonee will be made to serve the unexpired portion of
his original sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his family or
relative, or upon the recommendation of the prison authorities. The petition or request is processed
by the Board of Pardons and Parole. The Board shall determine if the prisoner has served a
sufficient portion of his sentence; his release is not inimical to the interest of the community; and
that there is a likelihood that the offender will not become a public charge and will not recidivate in
crime. If all these factors are favorable, then the Board will endorse the petition favorably to the
President. If the case is premature, the petitioner is so informed.

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 Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional pardon, the following
points shall be considered as guides-

1. The political, organizational or religious affiliation of the prisoner should be disregarded.

2. Due (but not undue) regard should be given the attitude of the people in the community
from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release of a prisoner who
is already reformed in order that he can continue to serve his sentence outside of the institution,
thus giving him the opportunity to gradually assume the responsibilities of a free man. Both
releases are subject to the same set of conditions will subject the parolee or pardonee to be
recommitted to prison. The only difference between the two is the granting authority. In parole the
granting authority is the Board of Pardons and Parole, while in conditional pardon, the granting
authority is the President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or conditions as the parolee.
Among the conditions usually imposed on pardonees and parolees are the following:

1. That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get the
permission of the Board, although he may so inform his parole officer (Municipal Judge) of
his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such
officer as may be designated by the Executive Officer of the Board of Pardons and Parole
during the first year once a month and, thereafter, once every two months or as often as
he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or
persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive Officer of the Board to visit him at reasonable times at his
place of abode or elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice
in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from time
to time make.

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 Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon is very broad and
exclusive. It is not subject to review by the courts. Neither does congress have the right to establish
conditions nor provide procedure for the exercise of pardon. Under these circumstances, it is
therefore possible that unscrupulous Chief Executive can abuse his power. In fact, nearly every
presidential election the alleged abuse of the pardoning power has come up as campaign issue
against the incumbent President. The truth of the charge has never been investigated, but the fact
that the alleged anomaly is aired publicly is an indication that the power to grant pardon may be
abused.

There are certain safeguards, however, against the abuse of the pardoning power. First is
the constitutional provision that the President may be impeached for a willful violation of the
Constitution. This is enough deterrent for the Chief Executive to abuse this power. Second, is the
policy of the Office of the Chief Executive, ever since the time of the American Governors General,
to approve pardon cases, which are favorably recommended by the Board of Pardons and Parole.
Although this policy does not wholly bind the President, seldom, if ever, has it been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is possible for an
innocent to get convicted, as it is possible for a criminal to escape the hands of justice. An innocent
man may not be able to present evidence to prove his innocence, or may not have the money to
hire a good counsel. Many of our penal laws are outmoded and are not longer kept abreast with
current trends of criminal justice administration. Judges are limited by laws to the use of discretion
they may exercise in any given case. Under any of the above circumstances, an injustice may
result, which can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently protected against
the ex-prisoner if the latter is released through parole or conditional pardon. Unfortunately, not all
sentences are indeterminate so that some prisoners are deprived of the privilege of parole.
Therefore, pardon is necessary for the prisoners who do not fall under the parole law.

OTHER FORMS OF EXECUTIVE CLEMENCY

Amnesty

Amnesty is a general pardon extended to groups of persons and is generally exercised by

executive clemency with the concurrence of Congress. Usually the recipients of amnesty are
political offenders, although there are some exceptions. For example, President Truman issued two
proclamation granting amnesty to unnamed persons, one at the end of World War II in 1945 and
another at the end of the Korean Conflict in 1952. In these cases, the persons have been convicted
of crimes against the United States but were pardoned by terms of proclamation for having served
in the armed forces for at least a year during the conflicts. Those who did so received pardons
without having to apply for them.

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 The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated that the
“purpose of amnesty is to bring about the return of dissidents and recalcitrant elements of our
population to their homes and the resumption by them of their lawful pursuits, or occupations, as
loyal and law-abiding citizens, to accelerate the rehabilitation of the war-devastated country,
restore peace and order, and secure the welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so
overlooks and obliterates the offense with which he is charged that the person released by
amnesty stands before the law as though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet been tried by the
court. Some of the proclamations of amnesty are as follows:

1. Proclamation No. 51 – This proclamation was issued by the late President Manuel
Roxas on January 28, 1948, granting amnesty to those who collaborated with the
enemy during World War II.

2. Proclamation No. 76 – This was issued by President Elpidio Quirino on June 21,
1948, extending amnesty to leaders of the Hukbolahap and Pambansang Kaisahan ng
mga Magbubukid (PKM). The amnesty applied to crimes of rebellion, sedition, illegal
association, assault, resistance and disobedience to persons in authority and illegal
possession of firearm.

3. Proclamation No. 51 – was issued in order to attain the following objectives: To

pardon those commited crimes against the security of the State who have changed
their hostile attitude towards the government and have voluntarily surrendered with
their arms and ammunitions. To get the dissidents back into the fold of law abiding
citizens. To gather the loose firearms.

Commutation

Commutation is an act of clemency by which an executive act changes a heavier

sentence to a less serious one or a long term to a shorter term. it may alter death or life sentence
to a term of years. Commutation does not forgive the offender but merely reduces the penalty of
life sentence for a term of years.

Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For
example, a law making qualified theft, the stealing of young coconuts from trees, or fish
from the fishpond, or sugar cane from the sugar cane field. Qualified theft imposes an
unusually heavy penalty on the culprit, which is greatly misappropriated to the value of
article stolen. Even if the judge would want to impose a light penalty, he could not do so
because his hands are tied by the provision of the law. The sentence in this case may be
reduced by commutations of sentence.

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 2. To extend parole in cases where the parole law does not apply - Commutation enables the
recipient to be released on parole when his sentence does not allow him parole, like, for
example, when the sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to an indeterminate
sentence by commutation to enable the recipient to receive parole after serving the
minimum of the sentence.
3. To save the life of a person sentenced to death - This is one of the most common uses of
commutation of sentence. In the Philippines, 95% of death penalty cases are commuted to
life imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the condemned
man or the head of the prison system (Director of Prisons) may file a petition for commutation. The
prisoner is subjected to a social, psychological and psychiatric examination by the Staff of the
Reception Center. The inquiry will include the sociological history of the prisoner, his criminal
history, mental psychological capacities, work history, etc., the purpose of which is to determine the
degree of involvement in crime the prisoner is in, and to determine if he deserves to be given a
new lease in life. The petition is then forwarded to the Board of Pardons and Parole, together with
the reports of examinations of the reception and Diagnostic Center and the recommendation of the
Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a
recommendation after a careful study of the papers, including the reports of the Reception and
Diagnostic Center. It will them forward the petition, including its recommendation to the President.
The President will then act on the petition. In giving or denying commutation, the President may not
follow the recommendation of the Board of Pardons and Parole.

Reprieve

Reprieve is a temporary stay of the execution of the sentence. Like pardon, the President
can only exercise reprieve when the sentence has become final. Generally, reprieve is extended to
death penalty prisoners. The date of the execution of sentence is set back several days to enable
the Chief Executive to study the petition of the condemned man for commutation of sentence or
pardon.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the prisoners
serves because of good behavior while in prison. This is called “ good conduct-time “ and is given
by the law as motivation for good behavior while serving sentence in prison. Article 97, Revised
Penal Code, provides good conduct time allowance to all sentences under the following schedules:
“ Good Conduct time allowance is automatically applied to reduce the sentence but may
be taken away from the prisoner if he fails to obey the rules and regulations of the prison.
However, good conduct time allowance may be remitted as a reward for exceptional services the
prisoner may render to the prison administration, or after the lapse of some time when the prisoner
has sufficiently demonstrated that he has reformed. “

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 “ If the prisoner does not forfeit his statutory good conduct time allowance through misbehavior,
he is released at time earned. He is released under supervision as if on parole and subjected to all
parole condition which, if violated, will result in the issuance of a warrant, revocation of his release,
and the requirement that he return to prison to serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas, North Carolina and
Wisconsin correctional institutions. The release of the prisoner is mandatory when the accumulated
time deducted from the sentence for good behavior and work credits makes it mandatory to release
the prisoner. The Board of Parole does not participate in the selection process. This form of
release does, however, enable the parole staff to provide supervision for a period of time by which
his release has been advanced for good behavior as though the offender was on parole. The
released prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his sentence less
the good conduct time allowance, is released without any condition and is considered to have
served his sentence in full.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a
prisoner has been classified as trusty or penal colonists, he is given an additional 5 days time
allowance for every month of service. A prisoner serving life sentence has his sentence
automatically reduced to 30 years of imprisonment upon attaining the classification of trusty or
penal colonists.

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 PROBATION

Probation - A term coined by John Augustus, from the Latin verb "probare" – which means
to prove or to test.

Probation is a procedure under which the court releases a defendant found guilty of a
crime without imprisonment subject to the condition imposed by the court and subject to the
supervision of the probation service. Probation may be granted either through the withholding of
sentence (suspension of imposition of a sentence) or through imposition of sentence and stay or
suspension of its execution. The former generally considered more desirable.

History of Probation

The origins of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always if a
serious nature. Sentences such as branding, flogging, mutilation and execution were common.
During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death,
many of which were minor offenses.

This harshness eventually led to discontent in certain progressive segments of English

society concerned with the evolution of the justice system. Slowly, yet resolutely, in an effort to
mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain from applying statuses or
could opt for a lenient interpretation of them; stolen property could be devalued by the court so that
offenders could be charged with a lesser crime. Also, benefit of clergy, judicial reprieve, sanctuary,
and abjuration offered offenders a degree of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser
sentences. Controversially, certain courts in due time began suspending sentences.

In the United States, particularly in Massachusetts, different practices were being

developed. "Security for good behavior," also known as good aberrance, was much like modern
bail: the accused paid a fee as collateral for good behavior. Filing was also practiced in cases that
did not demand an immediate sentence. Using this procedure, indictments were "laid on file" or
held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to
quash based upon minor technicalities or errors in the proceedings. Although these American
practices were genuine precursors to probation, it is the early use of recognizance and suspended
sentence that are directly related to modern probation.

Two names are most closely associated with the founding of probation: Matthew
Davenport Hill, an 18th century English barrister and judge, and John Augustus, a 19th Century
Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of youthful

offenders to one-day terms on the condition that they be returned to a parent or guardian who
would closely supervise them. When he eventually became the Recorder of Birmingham, a judicial

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post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians
who willingly took charge of them. Hill had police officers pay periodic visits to these guardians in
an effort to tack the offender's progress and to keep a running account.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making business. It was undoubtedly his membership
in the Washington Total Abstinence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abusers of alcohol could be
rehabilitated through understanding, kindness and sustained moral suasion, rather then through
conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed. Augustus thus began an 18-
year career as a volunteer probation officer. Not all of the offenders helped by Augustus were
alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was
paid to evaluating whether or not a candidate would likely prove to be a successful subject of
probation. The offender's character, age and the people, places and things apt to influence him/her
were all considered.

Augustus was subsequently credited with founding Investigations, one of three main
concepts of modern probation, the other two being Intake and Supervision. Augustus, who kept
detailed notes on his activities, was also the first to apply the term "probation" to this process of
treating offenders. By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment
when measured against any standard. His reformer's zeal and dogged persistence won him the
opposition of certain segments of Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly
after this death in 1859, was widely attributed to his efforts.

Following the passage of that first statute, probation spread gradually throughout the
United States and subsequently to many other countries. The juvenile court movement contributed
greatly to the development of probation as a legally recognized method of dealing with offenders.
The first juvenile court was established in Chicago in 1899. Formalization of the concept of Intake
is credited to the founders of the Illinois juvenile court. Soon after, thirty states in turn introduced
probation as a part of juvenile court procedure. Today, all states offer both juvenile and adult
probation. The administrative structure of probation varies widely from state to state. In some
states, probation and parole are combined. There are state-administered probation systems and
locally administered systems. In New York, probation is locally administered under the general
supervision of the state.

Probation in New York State had its official beginning in 1901, with the enactment of the
first probation in the state. One of the commission's recommendations in its report to the
Legislature resulted in the creation of the New York State Probation Commission in 1907. Until the

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late 1920s, this commission coordinated probation work in various parts of the state, encouraging
the statewide development of probation services, the planned and promoted standards of practice,
and guidelines for monitoring local probation services.

In 1917, a State Division of Probation was established within the NYS Department of
Corrections, and in 1928 the Office of the Director of Probation was created. The State's Division of
Probation remained within the Department of Corrections until 1970 when it was organized as a
separate state agency within the Executive Department. The Director of the NYS Division of
Probation then became a gubernatorial appointee, directly accountable to the governor.
As a result of additional statutory changes, local probation departments, which prior to the early
1970s were responsible to the judiciary, followed they NYS Division of Probation's lead. In 1974, all
local probation directors were made accountable to their respective chief county officials, or in the
case of New York City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the state division.
The name was changed to the New York State Division of Probation and Correctional Alternatives,
enhancing the division's ability to foster the development and effective implementation of local
community-based corrections. A present, the New York City Department of Probation is second
only in size to the Los Angeles County department.

History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898
- 1945) with the enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935. This
law created a Probation Office under the Department of Justice. On November 16, 1937, after
barely two years of existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of Act 4221 that struck down
the 1935 law as unconstitutional. The bill was passed by the House of Representatives, but was
pending in the Senate when Martial Law was declared and Congress was abolished. In 1975, the
National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings
over a period of six months, the draft decree was presented to a selected group of 369 jurists,
penologists, civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of
1976, was signed into Law by the President of the Philippines. The operationalization of the
probation system in 1976-1977 was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers recruited and trained, and the central
agency and probation field offices organized throughout the country. Fifteen selected probation
officers were sent to U.S.A. for orientation and training in probation administration. Upon their
return, they were assigned to train the newly recruited probation officers. The probation system
started to operate on January 3, 1978. As more probation officers were recruited and trained, more
field offices were opened.

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 Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly considered as an

independent subject. It is only a phase of penology, and therefore, it must be viewed in its relation
to other aspects of the enforcement of the criminal laws and its proper perspective. It is a part of an
entire structure and only a single feature of a well-rounded correctional process. Probation is a
form of treatment of the convicted offender. It is not a clemency, pity or leniency to the offender, but
rather a substitute for imprisonment. There are some offenders who must go to prison for their own
good and for the good of the society because their presence in the community constitutes a threat
to law and order. Other less inured to crime can remain in the community after conviction where
they are given a chance to conform to the demands of the society. Probation is compared to an
out-patient. The out-patient does not need to be confined in a hospital because his sickness is not
serious. However, the patient must remain under the care and supervision of his family physician in
order that his sickness will not become serious. Similarly, the probationer does not need to go to
prison, but he should remain under the supervision and guidance of his probation officer in order
that he will not become a more serious offender.

Probation is given in cases that the ends of justice do not require that the offender go to
prison. This is also when all the following circumstances exist: that there is a strong likelihood that
the defendant will reform; that there is a little danger of seriously injuring or harming members of
the society by committing further crimes; that the crime he committed is not one that is repugnant
to society; that he has no previous record of conviction; and that the deterrent effect of
imprisonment on other criminals is nit required. The person who is placed on probation is not a free
man because he is required to live within specified area. He is deprived of certain rights and
privileges of citizenship, but he retains some other rights and is entitled to the dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “ National Commission of Law

Observance and Enforcement, “ page 146 of Report No. 9) states the purpose of probation as
follows:

1. “ Probation, like parole and imprisonment, has as its primary objective the protection of
society against crime. Its methods may differ, but its broader purpose must be to serve the
great end of all organized justice – the protection of the community… probation is an
extension of the powers of the court over the future behavior and destiny of the convicted
person such as is not retained in other dispositions of criminal case…

2. “ … in probation ( there ) is the recognition that in certain types of behavior problems

which come before the courts confinement may be both an unnecessary and an
inadequate means of dealing with the individuals involved; unnecessary because in that
particular case the end sought, i,e., the protection of society, may be achieved without the
cost of confinement, and inadequate because the prison sentence may create difficulties
and complications which will make more, rather than less, doubtful the reinstatement of
that particular individual as a law-abiding citizen. “

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 Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the man is spared the
degrading, embittering and disabling experience of imprisonment that might only confirm them in
criminal ways. On the other hand, the offender can continue to work in his place of employment.
Family ties remain intact, thus preventing many a broken home. Also, probation is less expensive
which is only one tenth as costly as imprisonment. To the extent that probation is being used today
– about 60% of convicted offenders are given probation – this type of sentencing therefore, will
greatly relieve prison congestion. Chief Justice Taft of the United States Supreme Court in a case
decided by that Court mentioned the purpose of the federal Probation Act as follows:

“ The great desideratum was the giving to young and new violators of law a chance to
reform and to escape the contaminating influence of association with hardened or veteran
criminals in the beginning of the imprisonment… Probation is the attempted saving of a man who
has taken one wrong step and whom the judge think to be a brand who can be plucked from the
burning at the time of the imposition of the sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation officers and the
administration of probation services were considered as court functions. Later, probation service
was provided to serve all courts within a City or County such courts as juvenile, domestic,
municipal and criminal. In this type of probation service, the probation officers are appointed by the
Civil Service Bureau or Commission. In recent years there has been a trend toward a state
integrated probation and parole service for:

● Personality: He' must be of such integrity, intelligence, and good judgment as to

command respect and public confidence; Because of the importance-of his quasi-judicial
functions, he: must possess the equivalent personal qualifications of high judicial officer.
He must be forthright, courageous and independent. He should be appointed without
reference to creed, color, or political affiliation.
● Education: A board member should have an educational background broad enough to
provide him with knowledge of those professions mostly closely related to parole
administration. Specifically, academic training which has qualified the board member for
professional practice in a field such as criminology, education, psychiatry, psychology,
social work and sociology is desirable. It is essential that he have the capacity and desire
to round out his knowledge, as effective performance is dependent upon an understanding
of legal processes, the dynamics of human behavior, and cultural conditions contributing to
crime.
● Experience: He must have an intimate knowledge of common situations and problems
confronting offenders. This might be obtained from a variety of fields, such as probation,
parole, the judiciary, law, social work, a correctional institution, a delinquency preventive
agency.
● Others: "He should not be an officer of a political party or seek or hold elective office while
a member of the board."

PAROLE SYSTEM

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 The Board of Parole should be vested by law wide latitude of powers, which include the
following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision sometimes.

Institutional Parole Officers

In the preparation of cases for parole deliberation/the Board of Parole is aided by a

sufficient number of institutional classification and parole officers. These personnel work closely as
liaison officers between the board of parole and the prison, and are in close contact with the parole
officers in the field who supervise the parolees after release.

The institutional classification or parole officer keeps up-to-date the running case summary
of the prisoner and makes said records available to the parole boards from which it can base final
parole action. He is responsible for the preparation the admission summary of the prisoner, which
includes the record of the present and previous criminal offenses, a social history; religious history
psychological and psychiatric study, employment and educational accomplishment; and complete
analysis of the community arid situation: The institutional parole officer submits "progress reports"
on the prisoners' program and training as the inmates serve their sentences.

Administrative Structure

There are four plans or structures by which parole is administered, namely:

1. The parole board serves as the administrative and policy-making board for a combined
probation and parole system. Most of the states of the United States fall under this
plan.
2. The second plan that parole board administers the parole service only.
3. The third plan is that the parole services are administered by the department which
administers the prison and other correctional institutions and which department may or
may not also include the parole board.
4. The fourth plan is that the parole services are administered by the state correctional
agency, which also administers probation and penal institutions.

The parole system in the Philippines falls under the third plan. Generally a parole
office headed by an executive officer called Parole Administrator or Chief Parole Officer
administers parole. The Chief of the Parole Office executes the policies formulated by the Board of
Parole, and carries out the functions of parole. A parole agency has two important units or
subdivisions aside from the administrative and other auxiliary service units. The principal
subdivisions are the investigation and Supervision Divisions.

Parole Investigation

15
 The investigation unit of a parole agency is responsible for conducting pre-parole
investigations. The purposes of pre-parole investigation are (1) to bring the case history facts up to
date, and (2) to verify parole plan or work and residence.

Parole Selection

One of the most important functions of the Investigation Division is to help the parole board
in the selection of prisoners for parole. This cannot be determined merely by the length of time
served. If a prisoner is paroled too soon and while still maladjusted, he may fail and return to
prison. On the other hand if the prisoner is retained too long, he may be embittered, depressed,
become apathetic or get discouraged, so" that when released he may fail to reestablish himself,
adequately in society. The institutional record a one cannot be used as an index of a prisoner's
readiness for parole because some men with deeply and socially dangerous patterns of criminality
are shrewd enough to maintain a good institutional record and yet be actually among those with the
poorest likelihood to succeed on parole.

In determining readiness of a prisoner for release, the program of treatment and training of
the prisoner in the penal institution should be coordinated with his -program when released. The
prison staff and parole bureau should coordinate in preparing the detailed program of the prisoner,
both in prison and on parole. One way of achieving coordination between the two agencies, the
prison and the parole bureau, is to provide "institutional parole" officers who understand the
problems of parole -supervision and can work effectively with the parole bureau.-Another way to
effect coordination between the prison and the parole bureau is to assign parole officers from the
staff of the latter agency to work in the penal institutions. Under this arrangement the parole officer
participates actually in the classification and casework program of the prison and is responsible for
the evaluation of the inmates program from the standpoint of its usefulness after release.

Tools in Selection

Three documents need to be prepared by the institutional staff to assist the paroling
authorities and the parole bureau their work with individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the institutional parole officer. It
a brief summary of the inmate's case, including his case history and the salient points, which are
considered necessary whether or not, parole is to be granted.

The Parole Referral Summary - This document is prepared by the prison's classification
committee for the use of the parole bureau. The purpose of this summary is to indicate to the field
(parole) workers what the staff of the prison considers to be essential for the best interest of the
parolees and the protection of the society. It contains an appraisal of the prisoner's personality and
his needs for adjustment upon return to society.

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 Pre-release Progress Report - the institutional Classification Committee also prepares
this document. In this report, the professional contributions of the Reception-Guidance Center and
of the institution are brought together for greatest usefulness at pre-release. The pre-release
progress report is used by the Parole Board as guide in determining the prisoner's eligibility for
parole and in preparing his parole program. It outlines the treatment program of the parolee. While
the report contains certain suggestions on the prisoner's program during the remaining weeks of
his stay in prison, special emphasis is given to his program when he leaves the institution in terms
of success after release. The parole officers use it as reference and guide when the inmate is
brought in for personal appearance to formulate with the parole officer a program for parole.

Contents of the Parole Referral Summary

1. The general background and present status of the inmate.

● Local status with regard to release
● Previous criminal behavior in relation to parole situation.
● Social history (including family relations, social welfare assistance and use of
leisure time.)
● Personality adjustment in prison (including appraisal of disciplinary record.)
● Other matters.
2. Report of Institutional Program
● Treatment of personality maladjustment
● Vocational training
● Academic education
● Medical treatment
● Recreational activities (including hobbies.)
● Religious interest
● Other matters.
3. The Inmate’s own plans and concern over parole
● Preferred place of residence
● Type of work desired.
● Family relations.
● Problems anticipated by inmate.
● Other matters
4. Comments by the compiler of the report.
5. The staff recommendations.
● Level of supervision (maximum, medium, minimum).
● Residence
● Work
● Program (education, religion, recreation, etc.)
● Special needs (medical, financial, etc.)
● Other matters.

The Importance of the Parole Referral Summary

17
 The parole referral summary represents the final evaluation of the effect upon the inmates
of this investment in their welfare by society. The parole referral summary is sent to the field
officers of the parole bureau. This document represents a general plan for the care and treatment
of the parolee. Circumstances may require modifications of the recommendations contained by the
paroling agency, yet the parole referral summary remains the basic clinical document for the
determination of the man's program upon release, since it represents a comprehensive study by
the institutional staff of his entire life.

Pre-Parole Investigation

The primary duty of the parole board is the proper selection of prisoners to be released on
parole. It is the prime concern of the board to determine whether parole applicants are capable of
living in the community and remaining at liberty without violating laws. It must also determine
whether the release of the prisoner is compatible with the welfare of society.

The investigation division of the parole office takes charge of making a pre-parole
investigation for reference and guidance of the board in the proper selection of prisoners for parole.
The parole officer making the pre-parole investigation collates all in formations regarding the
inmate contained in various documents or reports, namely, the comments from the sentencing
judge, comments from the prosecuting fiscal, _and a further analysis of the many studies and
contacts made by the trained prison staff during the period of the inmates’ imprisonment.

The institutional reports consist of psychiatric and psychological reports', the social history
of the prisoner prepared by the sociologist, educational report evidence of wanting to reform,
conduct while in prison, attitude and other contributory factors. In determining the fitness the
prisoner for parole, the parole board should likewise look into the negative factors which may
disqualify the prisoner for parole, such as the adverse feeling of the community toward his release
on parole, and unstable family situation, lack of employment; opportunity or unsatisfactory record of
previous employment history of failure to support family or dependents properly; lack of:
responsibility, record of nomadism, alcoholism lack of home sites, and antisocial 'nor immoral acts.
The parole board should likewise consider the favorable or unfavorable reports of the field
supervising parole officer on the parole plan for the prisoner since this officer makes last minute
verification on arrangement regarding residence, selection of parole adviser, and prospective
employment.

Parole Hearing — How Conducted

Parole hearings may be commenced by a written petition of the prisoner or by his relatives.
In an institution where casework method is highly developed, there is no need for the prisoner to
file a petition since the institutional classification committee, motu propio initiates parole
proceedings the moment the prisoner becomes eligible.

Several methods are used in selecting prisoners for parole. Some boards of parole
conduct interviews in the prison with the entire membership present to interrogate the prisoner. In
some jurisdictions, the board does not conduct interviews with the prisoners but depends solely on
the recorded material. In the United States Board of Parole, the board does not meet en bane to
interview the prisoner. Instead, each of the five board members interviews all prisoners eligible for

18
parole in a particular institution. His interviews are recorded in verbatim He prepares a complete
resume and analysis of case. His findings are contained in the detailed summary, which he
prepares after the interview. The other members of the board who may or may not concur with his
recommendation review this summary.

Cases of prisoners serving more than five years or cases wherein a major policy is
involved, and cases offering difficult factors in planning are resolved by the board en bane.

The date of release of a parolee does not take place earlier than one month nor exceed six
months from the date parole is granted. This will give sufficient time for the supervising parole
officer to complete and verify the parole release plan. Only in exceptional cases are parolees
granted immediately upon approval by the board. Cases that are denied by the board may be
rescheduled for hearing after at least six months from the date of denial.

Coordination of Probation, Prison, and the Parole Program

In recapitulation it may be here emphasized that the three principal correctional agencies,
namely, probation, prison and parole, should be coordinated. The reason for this is that since the
three correctional services aid the same persons, each service should know the experiences of the
others and their efforts with individuals. The pre-sentence investigation prepared for the use of the
court, is invaluable to the prison officials who must treat the person committed to prison. This report
is used by the classification committee of the prison as guide in carrying out the prisoner's
treatment and training program. When the prisoner is ready for parole consideration, the parole
board finds the pre-sentence investigation report very useful in deciding, on parole. When the
prisoner is paroled, the prison officials furnish the parole officer with a progress report pertaining to
the changes in. health, acquisition of new skills and other attainments.

The parole, officer serves as a good liaison between the prison and the parole board on
the one hand, and the community on the other hand. He interprets the problems and needs of the
prisoner to his family, his prospective employer and the community for the eventual return of the
prisoner.

The correctional service may be_ compared to the medical service. Probation is the
equivalent of the out-patient service. Probation officer deals with the offender just as the family
physician treats the patient at home. The more serious offenders are committed to prison just as
patients requiring operation or special care have to be sent to the hospital. When the prisoner has
served his minimum sentence or has stayed in prison long enough and believed to be already
reformed, he is released under the care and supervision of a parole officer. Likewise, when the
patient becomes ambulatory, he returns home to the care of the family physician. If all goes well in
the community as planned, there is no need for him to return to the hospital for further treatment.

Failure to integrate these three branches of the correctional service — probation, prison,
and parole, obstructs the speedy reformation of the offender and is costly to the government.
These three agencies should be integrated as parts of a full-coverage policy of corrections and
they should operate in harmony with a single objective: the wholesome rehabilitation of the
offender.

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 Parole Supervision (Organization and Regulational Aspects)

The supervision of parolees is one of the most important aspects of the whole rehabilitative
process. The character of the supervision largely determines the success or failure of any given
case. Supervision of parolees has three aspects: organizational, regulational and operational.

Organizational aspect

The Federal government of the United States combines parole supervision with
probation supervision. It has no parole field service hence parolees are turned over to the district
court probation officers for supervision.

Some big states have centralized parole supervision services. This sort of centralized
parole supervision service may involve district offices, with parole officers working out of them, but
all of these services are controlled and budgeted from a central state office. In smaller states that
do not justify establishment of district offices, parole officers are assigned to cover certain
territories usually covering several counties and are directed from the central office. In a few
jurisdictions, parole supervision is an adjunct of the prison because a centralized parole service is
not economically justified.

Recently, federal and state laws were passed providing for parole and probation compacts,
whereby states enter into reciprocal agreements to allow a parolee or probation to be supervised
by another state.

Some centralized parole supervision units are separate state units or bureaus under the
department of welfare or division within the department of corrections. Sometimes they are a part
of the total parole board organization.

Regulational Aspect of Parole Supervision

The regulational aspect of parole consists of several rules and requirements promulgated
by the paroling authority. But why are rules and regulations necessary in parole? The parolee,
whether he likes it or not, needs a certain kind of discipline. It instills in him the feeling of security to
know that he is within legal bounds by following the set of rules and regulations. Some types of
offenders need the authoritarian method of dealing with them, so a set of rules and regulations is
the only way to help them get over their difficulties. Rules and regulations in parole are intended to
help both society and the parolee. They can be used to help parolee if their regulatory effects
eventually become part of the parolee's way of life. Rules and regulations pose as a sword of
Damocles over the head of the parolee. He knows for a fact that when he violates any of the rules
his freedom will be forfeited.

The most common rules and regulations are the following:

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1. Making restitution. A condition is imposed to the effect that the parolee must make
monetary restitution to the victim. It is understood that the parolee shall only be required to
pay restitution if he is earning more than his necessary living expenses. Usually, the
restitution is paid by installment at a rate that will not deprive the parolee and his family the
necessities of life. It is but fair and just that what has been unlawfully taken from the victim
must be returned.

2. Supporting Dependents. Society expects every one to support his dependents and so
there is no reason that a parolee should not be required to do so. If, however, he fails to
support his family and dependents through no fault of his like when he cannot find or hold
a job, it should not be a reason to revoke parole already given. The treatment of a parolee
aims at helping him become a more responsible citizen, so that requiring him to meet his
obligations, is but one way of training him along said virtue. It protects his dependents and
at the same time aids the parolee on his path toward maturity and stability.

3. Getting, Keeping and Reporting Honestly on Employment. The parolee must be taught
the habit of work, not only for psychological effect but also for economic stability. It is
therefore essential that the parolee be assured of a legitimate and legal means of income.
Before releasing the parolee, therefore, the parole board must be assured that he is willing
to work; must make reasonable efforts to secure and maintain employment; and must work
only in legitimate enterprises. Sometimes the parole office requires the parolee to inform
his parole officer of any change of employment. The aim is to discourage the parolee from
drifting from one employment to another, which is a symptom of vocational maladjustment.

4. Avoiding indebtedness and unnecessary expenditures. The purpose of this regulation

is to encourage thrift, proper budgeting and responsible habits. There are times, however,
that going into debt is unavoidable. When the purpose of incurring, the debt or in making
unnecessary expenses is laudable, the parolee should not be punished.

5. Reporting. This is a requirement in all parole systems. The parolee is required to

report to his parole officer at stipulated intervals. Some parole offices merely require the
parolee to submit a completed form, giving pertinent data on residence address,
employment data, savings, leisure-time activities, family situations, associates, and plans
for the future and problems requiring decisions. The parole officer does not take as the
truth all that the parolee reports during the interview. He must verify all-important
allegations of the parolee. The requirement of reporting is in itself a protection of society' in
that failure to comply is symptomatic of the parolee's maladjustment.

6. Making Arrival Report. The parolee, in most parole jurisdictions, is required to report to
his parole officer shortly on his arrival at his parole residence. This requirement is
meaningful in that failure to do so is indicative of something that is still wrong with the
offender.

7. Keeping the Parole Officer Informed of the Whereabouts of Parolee. - This is but
logical if supervision is to be carried out effectively. If the parolee remains within the parole
jurisdiction, he does not need to inform the parole office.

21
8. Permitting the Parole Officers to visit the Parolee at Home and in His Place of Work.
There is no reason why a parolee should not allow his parole officer to visit him at home
from the standpoint of law-enforcement. However, if the parole officer is refused admission
in the house of the parolee, the former cannot force his way without a warrant. Sometimes
the parolee feels embarrassed when visited by the parole officer. The purpose of
employment visits should be clearly explained to the parolee in order that he will readily
cooperate. The parole officer has a duty to see to it that the parolee is gainfully and
legitimately employed. Home and employment visits are part of the casework functions of
the parole officer.

9. Abstaining from the Use or Overuse of Liquor. Some parole jurisdictions prohibit the
parolee from sipping even a drop of wine. Other jurisdictions think that entire prohibition is
unrealistic, so that they only require the parolee not to indulge heavily in liquor. Moderate
drinking is a part of a man's social life and social qualification.

10. Keeping Curfew Hours. The purpose of this rule is discouragement of unwholesome
habit that may lead to troubles. An ex-prisoner is prone to being suspected by the police
whenever an unsolved crime is committed. In order to evade being a suspect, the parolee
should agree to keep reasonable hours at night.

11. Provision against Marrying Without Permission. Parolees are still wards of the state
and are not yet restored their civil and political rights. One of the civil rights affected by u
prison sentence is the right to contract marriage. Since the parolee is not yet a completely
free man he cannot marry without first obtaining permission from the parole officer. One
strong reason in favor of this regulation is to prevent the parolee from having a family if he
is not financially capable of raising one.

12. Provision Against Living in an Illicit Relationship. The parole must attempt to live a
clean life and one way of carrying it out is to issue this regulation. This regulation is
specifically directed to parolees convicted of bigamy, concubinage and adultery to prevent
further amorous relations with the woman who caused their imprisonment.

13. Regulations against Owning or Operating an Automobile. Some states or countries

disqualify convicted offenders from getting a driver's license. In order, therefore, that the
parole office may not be a party in a case of illegal operation of a motor vehicle, parole
offices prescribe rules against the parolee operating or owning a motor vehicle without
permission. Besides, the parole authorities want to obviate the possibility of the parolee
using an automobile for committing another crime.

14. Prescription against the Use or Sale of Narcotics. This rule needs no further
discussion. Even free men are prohibited from using narcotics without medical
prescription, or selling them.

15. Regulation Against Carrying or Possessing Dangerous Weapons. For obvious

reasons the parolee should not be allowed to possess a dangerous weapon, especially a
firearm.

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 16. General Admonitions Regarding Observance of Law. The only reason this regulation is
included is that the parolee 'must be reminded about observing law and order.

The Parole officer as Law-enforcement Agent

Parole offers the community preventive and protective service through an intensive
supervision of the parolee. By constant supervision of the individual and follow-up of his day-to-day
activities, the parole officer is able to recommit parolees who are on the road leading back to crime.

NOTE: The role of the parole (probation) officer as law-enforcement agent is discussed in
the Chapter on Probation.

The Parole Officer - A Case Worker or a Police Officer?

There is controversy as to whether or not the parole officer should be clothed with law
enforcement authority. One school of thought holds the view that parole officers should not perform
law enforcement work, such as sleuthing and arresting his ward. To do so would be incompatible
with his role as a social caseworker. The effectivity of the parole officer as a guidance counselor, a
leader or teacher is nullified if the parole officer is clothed with police powers. The other school of
thought holds the view that parolees, being persons who have not been able to make adjustments
with the demands of society, should be applied certain restraints under threats of arrest and
reincarceration. Not all parolees, according to this view, respond to the guidance counseling or
leadership techniques of supervision, hence the need for the authoritarian method for this type of
persons.
Experience in various parole agencies, however, proved that the two points of view
expressed above are without basis. It was satisfactorily proven in many jurisdictions that some
parole officers with professional training in social work made good as peace officers while others
whose basic training was in law enforcement made good as case workers

Classifications of Cases

The quality of service that a parole office renders to the parolee depends on the size or
caseload parole officers have. One cannot expect adequate supervision from a parole officer who
has 750 parolees to supervise.

Parole supervision can be simplified and made more effective by adopting a sys- ' tern of
classifying parolees. Some parolees do not have pressing problems as they arise. The accidental
offender belongs to this type. This type of parolees needs very little or no supervision from the field
parole officers.

Another classification of parolees is the type that needs casework as the primary
consideration of treatment. The parolees may not be serious community- risks. An example of this
type is the parolee who is in need of a job or economic aid. Here the field parole officer can devote
full attention to intensive casework that is, trying to help his client get a job.

A third classification for purposes of supervision is the type in which law enforcement
function is the first, even the only consideration. This type of parolee needs constant supervision

23
and surveillance by the parole officer in order to prevent the parole from recommitting crimes.
Usually we find in these classification offenders whose history and background indicate great
personal disorganization, such as the professional killer, the gangster, the sex-pervert, and the
long-time confidence man. The field parole officer should be alert to discover signs of misbehavior
in this type of parolees and to be quick on his rearrest.

Knowing the type of offenders his wards are, the parole officer can adjust his schedule of
supervision, devoting intensive supervision to parolees belonging to the third type while giving little
time for parolees of the first type.

Casework Techniques

The parole officer as caseworker, he can use casework techniques, among which are:

1. The Manipulative techniques;

2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.

(*Casework techniques also apply to supervision in Probation.)

Manipulative Techniques

Manipulative technique are ways of helping the parolee by altering his environmental
conditions go as to bring out satisfactory social adjustment in the individual. Among the common
manipulative devices used by the parole officer are the following:

1. Job finding — some parole systems have their own employment bureaus, the main
function of which is to locate jobs for parolees. By providing a job the parolee may
become a permanent law-abiding citizen. In some cases, the parole officer himself
tries to find a job for his ward.

2. Home placement — there are some parolees who cannot return to their parental
homes because of some conflicts or tensions existing in the family, or that a member
of the family is a morally depraved person whose influence on the parolee may not be
conducive to his social readjustment. It is the responsibility of the parole officer to help
find a foster home for the parolee.

3. Improvement of community conditions — the locality where the parolee returns

may abound with vices such as gambling, dancehalls, bars, houses of prostitution, etc.
It is the duty of the parole officer, like other civic-minded citizens to participate in
community movements to clean up these vices and unwholesome establishments.
4. Removal of Discrimination — One of the greatest obstacles to employing ex-
prisoners as well as accepting them socially in the community is the prejudice that
prospective employers and the public have against him. Very few industrial
establishments would employ a parolee or an ex-prisoner. It is the job of parole
officers to remove discrimination against the parolee in order that employers may be
willing to offer him a job. The parole officer can participate in a public information

24
 program designed to educate the community into accepting the ex-prisoner as a
human being, to avoid stigmatizing him.

The employment of manipulative devices in helping parolees by the parole officer needs
skill. It is not because the parolee needs a job that his parole officer gets him a job. It is more
meaningful and lasting to the parolee if, instead of the parole officer getting him a job, he should
first exert efforts to make the parolee gain strength to seek his own job. By extending the help to
the parolee, the latter is not helping solve his problems permanently, so that when his prop (the
parole officer) is gone, the same problems he had before his imprisonment will bring him into
troubles again.

Executive Techniques

This is a method of helping parolees by which the parole office performs referral services.
Parole agencies do not often have the necessary funds for direct administration of parolees under
care, so that the most that parole can offer by way of help is to refer the parolee to agencies
offering the services desired. Among the services by referral are:

1. Locating a job — The parole office refers the parolee to a firm, company, or to any
employment agency for possible employment.
2. Relief — When a parolee or his family is in dire need of the basic necessities of life
such as food, clothing or medicine, the parole office refers the parolee to a social
welfare agency, which can extend them relief.
3. Medical Care — It is the function of the parole officer to refer his client in need of
medical care, hospitalization, dental services or psychiatric services, to agencies
rendering such services free of charge.
4. Public grants — The parole officer should be familiar with laws on public grants such
as social security, old age benefits, aids to widows and dependent children, in order
that he can refer his clients who are eligible to any of such grants
5. Institutional placements — The supervision program of the parolee may indicate a
need for his removal from his parental home and for placement to a foster home. It is
the responsibility of the parole officer to explain to the parolee and his family of the
need for the said transfer of residence to a foster home. When this is undertaken, the
transfer is effected by referral to the proper agency.
6. Legal aid — The parole officer, even when he is a lawyer, should refrain from giving
legal advise to his client in need of legal services. It is always a better policy for him to
refer the parolee to a legal aid office. Oftentimes legal questions involving common-
law-relationship, legal separations, bigamous or adulterous relationship, custody or
support of children come up, and the parole officer should know where to refer each
case.
7. Educational and vocational guidance — The parole officer is not an expert in
educational and vocational matters. He should therefore refer his ward to the proper
agency rendering educational or vocational training or apprenticeship.
8. Recreation— Parolees should, as integral part of their adjustment, be given guided
recreational activities, otherwise, they will frequent poolrooms, bars and other
unwholesome recreational joints. Some communities have group work agencies

25
 offering recreational activities. The parolee officer must know how and when to enlist
the services of these agencies in connection with the problems of his wards.
9. Social agency help - There are several agencies, public and private, that may offer
services to parolees. The parole officer should be well acquainted with what those
agencies can offer to his wards.

Guidance, Counseling and Leadership Techniques

These techniques require, that the parole officer must be well versed with the science of
human behavior. He should know the motivations, which cause the person to react the way he did
under certain situations. He should try to determine what caused his ward to follow a certain cause
of action. He should attempt to influence and guide his clients into solving their problems.

Guidance and leadership are temporary crutches upon which the parolees depend in
overcoming their difficulties. Sometime or another the parolees will no longer depend on the
services of the parole officer. The parolees should be taught to gain insight into their problems and
how to solve them. It is not guidance and leadership if the parole officer himself does the solving of
the problem for the parolee.

In guidance and leadership technique, the parole officer seeks to exert a direct personal
influence on the parolee. The advice of the parole officer may spell the difference between going
straight and going the wrong way by the parolee. The parolees' thinking can be properly guided by
the parole officer so that they may be able to solve their own problems under the same or similar
situations.

Parole Advisor

The parole advisor is primarily and essentially a volunteer worker. He works as an unpaid
parole officer, a non-professional counselor, adviser, first friend, and sponsor to the parolee. When
parole was newly introduced, the parolee was required to report to a sponsor known as guardian
who performed the functions of advisor and parole officer. The untrained, unpaid volunteer workers
of the Elmira days are now relegated to perform the role of parole advisers.

The parole system of the U.S. Federal Government has adopted the parole advisor
system. The policy of the Federal Parole administration is that the parolee must have some citizens
to serve voluntarily as his parole advisor. This requirement has been abolished in several states
and is now waived by the U.S. Board of Parole when a satisfactory advisor is not available, in
which case the probation officer is named parole advisor in addition to his duties as supervising
officer.

The parole advisor can be of great help to the parole service during the pre-release
planning. The advisor who may have known the prospective parolee intimately for some time can
help in the preparation of the parole program. The interest shown by the advisor on the would-be
parolee can be exploited and developed by the parole officer to a productive and helpful service
throughout the ensuing parole period.

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 It is desirable that the field probation officer and the parole advisor should work as a team.
In order to obtain full cooperation of the advisor, the parole officer should show its appreciation for
the assistance of the parole advisor. The advisor can be of service more effectively in rural areas
where the parole officer cannot regularly visit. The parolee can always turn to his parole advisor for
immediate help because the parole officer is not available for immediate counsel and advice when
pressing problems arise. Furthermore, the parole officer may have to depend on the advisor for
reliable information regarding the parolee’ conduct, as well as his adjustment.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and violation of a
parole condition. In the first type, conviction of a new crime by the parole will automatically cause
recommitment of the parolee. If the parole is convicted but appeals his case in the higher court, the
parole officer will submit a report of said conviction and appeal to the Board of Parole which will
decide, after due investigation, on recommitting the parolee or not. If it is violation of parole
condition only, the Board of Parole shall conduct an investigation, giving careful consideration on
whether the act was willful, whether the safety of the public is involved, and whether other
disciplinary action than recommitment to prison might be sufficient.

Parole Boards are authorized to issue warrants for the arrest of alleged parole violators or
to issue notices to appear to answer charges where arrest is not necessary. Parole officers are
authorized to arrest or cause the arrest without a warrant where immediate action is necessary
against the violator or one who is in danger of becoming a violator. The parole officer should
submit a written report of the violation to the parole board. Releases from the jail of alleged
violators should be on order of the parole board only.

Ordinarily, a detainer or warrant against a prisoner does not disqualify him from parole.
The prisoner may be given parole subject to the action taken on the detainer.

Discharge from Parole

The duration of parole supervision does not extend beyond the expiration date of the
parolee’s sentence. Parole conditions and other aspects of parole supervision should be relaxed as
the parolee no longer requires the restriction on his behavior. At the expiration of the maximum
sentence, the parole board should issue a certificate of final discharge. The same certificate may
be issued even before the expiration of the maximum sentence should the board, after reviewing
the case, is satisfied that parole has served its purpose.

The certificate of discharge from parole has the effect of restoring all civil rights lost by
operation of law. This is not, however, true in the Philippines. It needs an executive clemency in the
form of absolute pardon to restore said rights.

THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN CORRECTIONAL WORK

Correctional programs are more and more recognized as the responsibility of the total
community. It is a well-known fact that a correctional program, no matter how well developed,

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cannot succeed without the support of the general public. It is essential that probation, the
institution, and parole should enlist the cooperation of community agencies, voluntary societies,
citizens groups and the community in general in order to succeed in their mission of placing the
offender back to society as a normal social being.

Correctional agencies are not adequately financed to render further services to the
offender outside of their organizational jurisdiction. This is where community and voluntary
agencies come into the picture.

Community Agencies – A community agency is usually a formal group or association

organized to promote social or individual welfare. Most community agencies are identified with
social work. Others are concerned with labor, education, ethnic groups and the like. These
agencies may be financed from public, private or mixed funds.

Some of the community agencies closely related to corrections are the following:

1. Social Service Exchange – Prisons, probation and parole agencies may conveniently
avail of the services of social service agencies by referring to them problems of inmate or
parolee’s dependents.
2. Department Public Welfare – Correctional agencies can secure information on various
possible aids for prisoner’s parolees, or probationers’ dependents, including old age
assistance and aid for dependent children.
3. Family Service Agencies – Offenders who have family relationships problems may be
referred to family service agencies in order to preserve and restore harmonious family
relationships and to prevent conditions, which would disrupt family life.
4. Mental Hygiene and Mental Health Clinics – These clinics may provide psychiatric
services to prisoner’s families, parolees, probationers and their families.
5. Philippine Red Cross – The Red Cross provides home services, disaster relief, blood
program, eye program and other relief.
6. Anti-Tuberculosis Society – It provides limited patient services, chest x-ray program,
education, and referral services.
7. City and Provincial Health Departments and Hospitals – Correctional workers may
avail or he services of these medical facilities for prisoner’s families, probationer’s and
parolees as well their dependants.
8. Colleges and Universities – Colleges and universities are a potent agency for molding
public opinion through their courses in criminology and penology. They offer in-service
training courses for correctional workers. Prison, parole and probation offer a valuable
research setting for advanced students in sociology, psychology, criminology, social work
and other behavioral and social sciences.

Voluntary Agencies – Voluntary agencies have played an important and significant role in
the development of modern correctional concepts and practices. Voluntary prison societies or
associations have worked effectively and harmoniously with correctional agencies throughout the
development of the correctional system in the United States.

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 The main function of the early volunteer organizations in the correctional field was the
investigation and reform of noxious prison conditions. The Pennsylvania Prison Society, which was
founded in 1707, was mainly organized to “alleviate miseries of the public prisons.” The Prison
Association of New York founded in 1844 was definitely organized to extend relief to discharged
prisoners.

The development of new techniques and new understanding of the needs of the offenders
during the last few years had changed and modified the functions of prisoners aid associations. In
the last few decades, as social casework methods have been developed and refined, emphasis on
prisoner’s aid have shifted to helping the individual prisoner gain insight into his difficulties and
developing strength within himself in order that he may become a law-abiding and useful citizen.
As a result, the number of privately operated prisoners aid societies has decreased. Among the
few organizations that have remained active in this type of work are the John Howard Societies in
the Unite States, Canada, and come European countries, and the Elizabeth fry societies in
Canada. The International Aid Association, which is an affiliate of the American Correctional
Association, serves the important function of a coordinating agency and provides services useful to
existing and proposed agencies.

In the Philippines a few volunteer agencies that are working in prisons and jails are the
religious groups with religious motivators. A few years ago, civic-minded citizens interested to help
the families of prisoners as well as ex-prisoners launched Friendship Incorporated. This
association gets its funds from private donations and contributions. The Philippines Charity
Sweepstakes allots one sweepstake draw a year to supplement the funds of the association.
Services so far rendered by this association have been limited to finding jobs for the few ex-
prisoners, and providing limited financial aid to ex-prisoners getting started in life.

Voluntary agencies rendering services in the correctional field are very effective as public
information media. Correctional agencies have very limited resources for disseminating to the
public whatever gains they have accomplished toward the improvement of correctional methods.
Volunteer agencies contribute in public information and information programs as well as help
mobilize public opinion toward improved correctional methods. Private aid agencies provide
leadership and work with welfare and social agency councils, universities, schools of social work
and other professional societies. They conduct public information programs through the
assignment of speakers, preparation of radio and television programs.

Sponsorship of various projects in cooperation with the jails and prisons. Some of the
services that prisoners’ aid societies render are the following:

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 1. Free legal services – Defendants who cannot afford to hire a lawyer may be given free
legal services through prisoner’s aid societies.
2. Casework treatment services may be rendered in the form of unemployment service.
Vocational counseling, temporary lodging, meals, and purchase of tools.
3. Visitation service – Some agencies visits jails and prisons to discuss personal problems
with prisoners desiring their help, referring suitable cases to the legal aid society for free
legal assistance, and working in close cooperation with the institutional authorities.
4. Pre-release preparations – Some agencies have developed and offered pre-release
information programs for prisoners about to leave prison.
5. Voluntary prisoner’s aid societies serve valuable functions in the development of
community understanding of the needs of the prisoner and ex-prisoner.
6. Legislation – Private voluntary agencies have been instrumental in stimulating and in the
passage of legislations to establish more adequate correctional institutions and facilities.
7. Correctional agency referrals – Individual counseling and casework services are made
available to the prisoner and his family from time to arrest to the time of release from legal
control. Correctional programs are more recognized as the responsibility of the total
community. The prisoners’ aid agency provides a workable and convenient channel for
inter-agency communications and referrals.

LAWS GOVERNING THE CORRECTION OF CRIMINALS

Important Features of the Revised Administrative Code of the Philippines

● Sec. 1705 Title of Chapter – This chapter shall be known as the Prison Law.

● Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau of Prisons shall have one
chief and one assistant chief, to be known respectively as the Director of Prisons, and the
Assistant Director of the Prisons. These officers shall be supplied with furnished quarter at
the main prison and shall be allowed laundry service and such other services as shall be
sanctioned by the Department Head.

● Sec. 1707 General Jurisdiction of Bureau of Prisons shall have the general supervision
and control of National Provincial prisons of all penal settlements and shall be charged
with the safekeeping of all prisoners confined therein or committed to the custody of said
Bureau.

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● Sec. 1708 Main Prison – In the main prison shall be confined all national prisoners except
as otherwise provided by law or regulations. This prison may also be used as a place of
detention for other classes of prisoners or for the temporary safekeeping of any person
detained upon legal process.

● Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the Province of Palawan,
there shall be maintained an institution subsidiary to the main prison, to be known as the
Iwahig Penal Colony. In this colony shall be kept such prisoners as may be transferred
thereto from the main prisons in accordance with the regulations to be prescribed The
Director of Prisons, with the approval of the Department Head, shall establish and maintain
a general store for the sale of merchandise which may be required by the residents of the
settlement, and for their own profit. Colony produce may be sold to others than residents of
the settlement should there be more to be disposed of than is required for the use of the
colony and Sec. 1710 Superintendent of the colony – Justice of the Peace. The Iwahig
Penal Colony shall be under the immediate supervision of a superintendent, who shall be
an “exofficio” justice of the peace and shall, within the limits of the colony, have jurisdiction
and all powers conferred upon justices of the peace by the laws of the Philippines. (No
longer applicable)

● Sec .1711 privileges based upon behavior and services – Persons detained at the Iwahig
Penal Colony shall be known as colonists, and they may be divided into classes and
graded according to conduct, efficiency, and length of services and subject to such
regulations as shall be prescribed in reference thereto, they may be granted such
extraordinary privileges as in the in the judgment of the superintendent of the colony their
conduct, behavior, habits of industry, and length of service may justify.

● Sec. 1712 Fishing rights in water adjacent to colony – The fishing right in the waters of the
bay along the shore line of the eastern boundary of the Iwahig Penal Colony, Island of
Palwan, for distance seaward of one and one quarter statute miles are reserved for the
exclusive use of the government, for the subsistence and maintenance of the colonist, the
prison officials and their families in said colony, and such pardoned or release colonist as
may continue to reside therein.

● Sec. 1713 Assignment of land and implements to colonists – Any colonist detained at the
Iwahig Penal Colony may be provisionally granted a suitable plot of land with in the
reservation for the purpose of cultivating and improving the same, and may be deemed
necessary for the proper cultivation of said land.

● Sec. 1714 Families of colonists – The Iwahig Colonists may, subject to the regulations of
the Bureau governing the colony, be allowed to have their wives, children, and women to
whom they are to be married, transported to the colony at government expense and to
have their families live on the reservation. Such privileges may, in any case, be revoked at
any time by order of the superintendent of the colony, with the approval of the Director of
Prisons. All members of the families of colonists living on the reservation shall be subject
to the regulations governing the colony.

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● Sec. 1715 Clothing and household supplies for colonists’ families – In addition to the
subsistence for colonists’ wives and children hereinabove authorized, the superintendent
of the colony may furnish a special reward to such colonists as in his opinion may merit the
same, reasonable amount of clothing and ordinary household supplies to be paid out of the
regular appropriation for the maintenance of the Iwahig Penal Colony. Sources of this
character may also be made by way of loan, subject to repayment if the financial condition
of the colonist at a later date should warrant.

● Sec. 1716 Participation of colonists in proceeds of products – Products grown,

manufactured, or otherwise produced by the colonists may be sold under the supervision
of the superintendent; and subject to such regulations as may be prescribed in reference
thereto, the persons producing the same may be allowed such part of the proceeds thereof
as shall be approved by the Department Head.

● Sec. 1717 Monthly allowance in cash – Colonists occupying positions of special trust may,
with the approval of the Department Head, be granted a monthly allowance in cash, not
exceed five pesos, or an equivalent amount of supplies from the general store, to repaid
for from the regular appropriation for contingent expenses of the Iwahig Penal Colony.

● Sec. 1718 Right of released colonists to remain in colony – On the expiration of the
sentence of any colonists he may, subject to the regulation, be allowed to continue to
reside upon the reservation and to cultivate land occupy a house to be designated and
selected by the superintendent of the colony.

● Sec. 1719 Supply store for Iwahig Penal Colony – The Director of Prisons, with the
approval of the Department Head, shall establish and maintain a general store for the sale
of merchandise which may be required by the residents of the settlement, and for their own
profit. Colony produce may be sold to others than residents of the settlement should there
be more to be disposed of than is required for the use of the colony and the main prisons.
The supply store fund shall be reimbursable, the receipts from the business of the supply
store being available for the payment of the costs of supply and other expenses incident to
the conduct of said store, without reappropriation.

● Sec. 1720 San Ramon Penal Farm – A penal farm shall be maintained at San Ramon, in
the Province of Zamboanga , for the confinement of national prisoners and such other
prisoners as may be remitted thereto in accordance with law. The Director of Prisons shall
have authority to designate the superintendent of the San Ramon Penal Farm as a
summary court officer, by whom members of the San Ramon Penal Farm guard may be
tried for violation of the regulations governing the same for willful or neglectful waste, loss
or destruction of arm, immunizations or accounterments, for disobedience or disrespect
toward their superior officers, absence from quarters of duty without leave, drunkenness,
abandonment of employment without having secured proper release, willful violation or

32
 neglect of duty, or misconduct to the prejudice of good order and discipline. The
punishment which may be imposed by this summary court shall not exceed the forfeiture of
one month’s pay, or discharge.

● Sec. 1723 Detail of prisoners to public works – The President of the Philippines may from
time to time, detail national prisoners to work in any part of the Philippines upon any public
work not within the purview of section one thousand seven hundred and twenty-seven
hereof; and the Department Head shall fix the terms and conditions upon which any
branch of the Government may receive the labor of such national prisoners.

● Sec. 1724 Regulations of Bureau of Prisons – The regulations of the Bureau of Prisons
shall contain such rules as well best promote discipline in all national and provincial
prisons and penal institutions and best secure the reformation and safe custody of
prisoners of all classes.

● Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director of Health – The
Officers in charge of all prisons, penal settlements, jails and other places of confinement
shall comply and cause to be executed all sanitary orders, and put into force all sanitary
regulations issued by the Director of Health for their several institutions.

● Sec. 1726 Mode of treatment of prisoners – Prisoners shall be treated with humanity.
Juvenile prisoners shall be kept, if the jail will admit of it, in apartment separate from those
containing prisoners of more than eighteen years of age; and the different sexes shall be
kept apart. The visits of parents and friends who desire to exert a moral influence over
prisoners shall at all reasonable times be permitted under proper regulations.

● Sec. 1727 Liability of prisoners to labor – All convicted able bodied, male prisoners not
over sixty years of age, may be compelled to work in and about prisons, jails public
buildings, ground, roads and other public works of the National Government the province,
or the municipalities, under general regulations to be prescribed by the Director of Prisons,
with the approval of the Department Head. Persons detained on civil process or confined
for contempt of court and persons detained pending a determination of their appeals may
be compelled to police their cells and to perform such other labor as may be deemed
necessary for hygienic or sanitary reasons.

● Sec. 1728 Assignment of women to work – Convicted female prisoners may be assigned
to work suitable to their age, sex, and physical condition.

● Sec. 1729 Provincial Jails –– A jail for the safe keeping of prisoners shall be maintained at
the capital of each province: and in the absence of special provisions all expenses
incidents to the maintenance thereof and of maintaining prisoners therein be borne by the
province.

● Sec. 1730 Visitation and inspection of provincial jails ─ The Judge of the Court of First
Instance and the Provincial Board shall, as often as the Judge of the Court of First

33
 Instance is required to hold court in the province, make personal inspection of the
provincial jail as to the sufficiency thereof for the safekeeping and reformation of prisoners,
their proper accommodation and health, and shall inquire into the manner in which the
same has been kept since the last inspection. A report of such visitation shall be submitted
to the Secretary of Justice, who shall forward the same or a copy thereof to the Director of
Prisons. Once during each month the senior inspector of constabulary in the province shall
visit the provincial jail and make report upon its condition to the Director of Prisons.

● Sec. 1731 Provincial governor as keeper of jail – The governor of the province shall be
charged with the keeping of the provincial jail and it shall be his duty to administer the
same in accordance with law and the regulations prescribed for the government of
provincial prisons. The immediate custody and supervision of the jail may be committed to
the care of a jailer to be appointed by the provincial governor. The position of jailer shall be
regarded as within the unclassified civil service but may be filled in the manner in which
classified positions are filled, and if so filled, the appointee shall be entitled to all the
benefits and privileges of classified employee, except that he shall hold office only during
the term of office of jailer is appointing governor and until a successor in the office of jailers
is appointed and qualified, unless sooner separated. The provincial governor shall, under
the direction of the provincial board and at the expense of the province, supply proper food
and clothing for the prisoners, through the provincial board may, in its discretion, let the
contract for the feeding of the prisoners, to some other person.

● Sec. 1732 Amount of allowance for feeding of prisoners – The ordinary allowance to be
made by the provincial board for the feeding of prisoners by the governor of the province
or such other person as may have the contract therefore shall, in case of persons arrested
on criminal process, not exceed twenty centavos each per day; but the provincial board
may pay more when necessary to the proper maintenance of the prisoners. The
compensation for the support of the prisoner arrested on civil process shall be at the rate
of forty centavos per day, to be advance weekly to the jailer by the plaintiff in the civil
process, and to be taxable as costs.

● Sec. 1733 Record of prisoners to be kept by jailer – The governor, or the jailer appointed
him, shall kept a true and exact record of all prisoners committed to the provincial
prisoners awaiting trial before the Court of First Instance detained in any municipal jail of
the province which record shall contain the names of all persons who are committed, their
place of abode, the time of commitment, the cause of their commitment, the authority that
committed them, and the description of their persons, and when any prisoner is liberated
such calendar shall state the time when and the authority by which such liberation took
place; if any prisoner shall escape, it shall state particularly the time and manner of
escape; if any prisoner shall die, the date and cause of his death shall be entered on the
record.

● Sec. 1734 Submission of record to court – At the opening of each term of the Court of First
Instance within his province, the governor shall return a copy of such record under his
name to the judge of such court; and if the same be not forthcoming, it shall be the duty of
the judge to require its production under penalty of contempt.

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● Sec. 1735 Transfer of custody of jail to Constabulary Officer – In any province in which, in
the opinion of the President, the provincial jail is not safely guarded, shall have authority by
executive order to direct that the senior Constabulary Officer of such province shall take
custody of the jail under the supervision of the provincial governor and guard the prisoners
therein, using for this purpose members of the Philippine Constabulary as jail guards.

● Such action shall in no wise alter the liability of the province for the expenses incident to
the maintenance of prisoners or the keeping, repair, and construction of the jail; but the
payment and subsistence of the Constabulary guard shall be at the expense of the
Constabulary.

● Sec. 1736 Preservation of documents relating to confinement of prisoners – All warrants

and documents of any kind, or attested copies thereof, by which a prisoner is committed or
liberated, shall be regularly indorsed, filed and kept in a suitable box by such governor or
by his deputy acting as a jailer, and such box, with its contents, shall be delivered to the
successor of the officer having charged of the prisoner.

● When a prisoner is confined by virtue of any process direct to the governor or sheriff and
which shall require to be returned to the court whence it issued, such governor or sheriff
shall keep a copy of the same, duly certified by said governor or sheriff, shall be
presumptive evidence of his right to retain such prisoner in his custody.

● Sec. 1737 transfer of prisoners to jail of neighboring province – In case there should be no
jail in any province or in case a provincial jail of any province be insecure or insufficient for
the accommodation of all provincial prisoners, it shall be the duty of the provincial board to
make arrangements for the safekeeping of the prisoners of the province with the provincial
board of same neighboring province in the jail of such neighboring province , and when
such arrangement has been made it shall be the duty of the officer having custody of the
prisoner to commit him to the jail of such neighboring province, and he shall be there
detained with the same legal effect as though confined in the jail of the province where the
offense for which he was arrested was committed.

● Sec. 1738 Use of jail for detention of fugitive from justice – Any provincial jail may be used
for the safekeeping of any fugitive from justice from any province, and the jailer shall in
such case be entitled to receive the same compensation for the support and custody of
such fugitive from justice as is provided for other prisoners, to be paid by the officer
demanding the custody of the prisoner, who shall be reimbursed for such outlay as a part
of the costs of the prosecution.

● Sec. 1739 Persons deemed to be municipal prisoners – The following persons are to be
considered municipal prisoners:
● Persons detained or sentenced for violation of municipal or city ordinances.
● Persons detained pending trial before justices of peace or before municipal courts.
● Persons detained by order of a justice of the peace or judge of municipal court
pending preliminary investigation of the crime charged, until the court shall remand
them to the Court of First Instance.

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● Sec. 1740 Persons deemed to be provincial prisoners - The following persons, not being
municipal prisoners shall be considered provincial prisoners: Persons detained pending
preliminary investigation before the Court of First Instance.

● Sec. 1741 National prisoners - Prisoners who are neither municipal or provincial prisoners
shall be considered national prisoners, among whom shall be reckoned, any event all
persons sentenced for violation of the Customs Law or other law within the jurisdiction of
the Bureau of Customs or enforceable by it, and for violation of the Election Law.

● Sec 1742. Confinement of Provincial prisoners in municipal jails - When the sentence of
the provincial prisoner does not exceed three months, the provincial board may authorize
his confinement during such period in a municipal jail if in the judgment of said board the
public interest will be sub serve thereby. Provincial boards, may, also, with the approval of
the Secretary of the Interior, direct the confinement of persons detained pending
preliminary investigation before a judge of the Court of First Instance in the jail of the
municipality where such investigation or trial is to be held, if no provincial jail be located
therein.

● Sec 1743. Confinement of municipal prisoners in provincial jail - Provincial boards may,
with the approval of the President, direct the confinement of municipal prisoners in
provincial jails when by reason of the lack, inadequacy, or when in their judgment such
confinement would best sub serve the public interest.

● Sec. 1744 Expense of maintenance - Except as otherwise specifically provided the

expense of the maintenance of prisons shall be borne as follows; regardless of the placed
of confinement: in the case of the municipal prisoner, by the city or municipality in which
the offense with which the prisoner is charged or of which he stands convicted was
committed: in the case of a provincial prisoner, by the province in which the offense was
committed; and in the case of the national prisoner, by the Bureau of Prisons.

● Sec. 1745 Status of prisoners as affected by parole, allowance of good behavior, etc. -
The provision of law relative to paroles, conditional pardons, and the diminution of
sentences for good behavior shall not be construed to change the original status of
prisoners or to affect liability for their maintenance.

● Sec. 1746 Status of prisoner as affected by appeal - Pending an appeal, the status of a
prisoner shall not be changed, and whenever upon appeal to, or review by, a higher court,
the status of a prisoner, as herein before fixed, shall be changed by an increase or
diminution of his sentence, the responsibility of the National Government or the provinces
or municipalities, as the case may before the maintenance of such prisoner due to such
change in sentence shall take effect from the date of judgment of the higher court and shall
not be retroactive.

● Sec. 1747 Transportation expenses payable by municipality - All actual and necessary
expenses incurred in the transportation and guarding the subsistence of prisoners during

36
 transportation, from municipal jails, except the expenses of the Constabulary escorts, if
any, shall be paid from the funds of the proper municipality.

● Sec. 1748 Transportation expenses payable by province - All actual and necessary
expenses incurred in the transportation, and guarding the subsistence during
transportation, of national prisoners from provincial jails to a National Prison, reformatory,
or national penal institution, except the expenses of the Constabulary escort, if any there
be, shall be borne by the proper province.

● Sec. 1749 Return transportation to be borne by Bureau of Prisons - The return

transportation of all discharged national prisoners from their place of confinement to their
homes shall be paid out of the appropriation for the Beau of Prisons, except as otherwise
specially provided.

● Sec. 1750 Transfer of prisoners from provincial or municipal jail to national prison or vice-
versa - When, in the discretion of the President of the Philippines, the unsanitary or
insecure condition of any provincial or municipal jail makes it advisable or when the public
interests require, he may transfer to any national prison or penal institution all or any of the
prisoners committed to such jail, and may also direct the return of said prisoners to
provincial or municipal jails when deemed expedient. The President of the Philippines may
also, whenever in his opinion it will be to the best interest of the province or municipality
concerned, authorize the confinement of any prisoner sentenced to less than three months
imprisonment, including subsidiary imprisonment, in the jail of the municipality wherein the
prisoner may have been convicted. The order of commitment of such prisoners, together
with a copy of the order directing their transfer, shall accompany the prisoners and be
delivered with them to the officer in charge of the penal institution to which they are sent.
The expenses of the transportation, guarding, subsistence, care, and maintenance of any
prisoner transferred to any national prison or penal institution, or returned to any province
for trial or for appearance as a witness or otherwise hereunder shall be a charged against
the treasury of the province from which he was transferred; and the amount of said
expenses shall be fixed by the Department Head, with the approval of the President of the
Philippines.

● Sec. 1751 Transportation and clothes for released prisoners - Upon the release of a
national prisoner he shall be supplied by the Bureau of Prisons with transportation to his
home, including a gratuity to cover the probable cost of subsistence enroute, and if
necessary, a suit of clothes of the value of not more than ten pesos, or in case the prisoner
is deported, of not more than forty pesos.

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Important Features of Presidential Decree No. 968

● Section 1. Title and Scope of the Decree. — This Decree shall be known as the Probation
Law of 1976. It shall apply to all offenders except those entitled to the benefits under the
provisions of Presidential Decree numbered Six Hundred and three and similar laws.

● Sec. 2. Purpose. — This Decree shall be interpreted so as to promote the correction and
rehabilitation of an offender by providing him with individualized treatment; provide an
opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and. (c) prevent the commission of offenses.

● Sec.  3. Meaning of Terms. — As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence,
is released subject to conditions imposed by the court and to the supervision of a
probation officer
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation
or supervises a probationer or both.

● Sec.  4. Grant of Probation. — Subject to the provisions of this Decree, the court may, after
it shall have convicted and sentenced a defendant and upon application at any time of said

38
 defendant, suspend the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem best. Probation may
be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court
if an appeal has been taken from the sentence of conviction. The filing of the application
shall be deemed a waver of the right to appeal, or the automatic withdrawal of a pending
appeal. An order granting or denying probation shall not be appealable.

● Sec.  5. Post-sentence Investigation. — No person shall be placed on probation except

upon prior investigation by the probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as that of the defendant will be
served thereby.

● Sec.  6. Form of Investigation Report. — The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

● Sec.  7. Period for Submission of Investigation Report. — The probation officer shall
submit to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said report. Pending
submission of the investigation report and the resolution of the petition, the defendant may
be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may
allow the release of the defendant on recognize to the custody of a responsible member of
the community who shall guarantee his appearance whenever required by the court.

● Sec.  8. Criteria for Placing an Offender on Probation. — In determining whether an

offender may be placed on probation, the court shall consider all information relative, to the
character, antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources. Probation shall be denied if the court finds
that:
● the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
● there is undue risk that during the period of probation the offender will commit
another crime; or.
● probation will depreciate the seriousness of the offense committed.

● Sec.  9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those: 
● sentenced to serve a maximum term of imprisonment of more than six years;
● convicted of any offense against the security of the State;
● who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less
than Two Hundred Pesos;
● who have been once on probation under the provisions of this Decree; and

39
 ● who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.

● Sec.  10. Conditions of Probation. — Every probation order issued by the court shall
contain conditions requiring that the probationer shall:
● present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt
of said order;.
● report to the probation officer at least once a month at such time and place as
specified by said officer.
● The court may also require the probationer to:
● cooperate with a program of supervision;
● meet his family responsibilities;
● devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
● undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;.
● pursue a prescribed secular study or vocational training;
● attend or reside in a facility established for instruction, recreation or residence of
persons on probation;

● refrain from visiting houses of ill-repute;

● abstain from drinking intoxicating beverages to excess;
● permit the probation officer or an authorized social worker to visit his home and
place of work;
● reside at premises approved by it and not to change his residence without its prior
written approval; or
● satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

● Sec.  11. Effectivity of Probation Order. — A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the conditions prescribed in the said
order or his commission of another offense, he shall serve the penalty imposed for the
offense under which he was placed on probation.

● Sec.  12. Modification of Condition of Probation. — During the period of probation, the

court may, upon application of either the probationer or the probation officer, revise or
modify the conditions or period of probation. The court shall notify either the probationer or
the probation officer of the filing of such an application so as to give both parties an
opportunity to be heard thereon. The court shall inform in writing the probation officer and
the probationer of any change in the period or conditions of probation.

● Sec.  13. Controls and Supervision of Probationer. — The probationer and his probation
program shall be under the control of the court that placed him on probation subject to

40
 actual supervision and visitation by a probation officer. Whenever a probationer is
permitted to reside in a place under the jurisdiction of another court, control over him shall
be transferred to the Executive Judge of the Court of First Instance of that place, and in
such a case, a copy of the probation order, the investigation report and other pertinent
records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power with respect to him that
was previously possessed by the court, which granted the probation.

● Sec.  14. Period of Probation.

● The period of probation of a defendant sentenced to a term of imprisonment of not
more than one year shall not exceed two years, and in all other cases, said period
shall not exceed six years.
● When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be
less than nor to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.

● Sec.  15. Arrest of Probationer; Subsequent Disposition. — At any time during probation,

the court may issue a warrant for the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail pending such hearing. In such a
case, the provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions thereof. If revoked,
the court shall order the probationer to serve the sentence originally imposed. An order
revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.

● Sec.  16. Termination of Probation. — After the period of probation and upon consideration
of the report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed terminated. The final discharge of the
probationer shall operate to restore to him all civil rights lost or suspend as a result of his
conviction and to fully discharge his liability for any fine imposed as to the offense for
which probation was granted. The probationer and the probation officer shall each be
furnished with a copy of such order.

● Sec.  17. Confidentiality of Records. — The investigation report and the supervision history
of a probationer obtained under this Decree shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the probationer of his

41
 attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer makes such disclosure desirable or helpful: Provided, Further,
That, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the
proper court or the Administration.

● Sec.  18. The Probation Administration. — There is hereby created under the Department
of Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers. The
Administration shall have such staff, operating units and personnel as may be necessary
for the proper execution of its functions.

● Sec.  19. Probation Administration. — The Administration shall be headed by the Probation

Administrator, hereinafter referred to as the Administrator, who shall be appointed by the
President of the Philippines. He shall hold office during good behavior and shall not be
removed except for cause. The Administrator shall receive an annual salary of at least
forty thousand pesos. His powers and duties shall be to:
● act as the executive officer of the Administration;
● exercise supervision and control over all probation officers;
● make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the
probation system;
● promulgate, subject to the approval of the Secretary of Justice, the necessary
rules relative to the methods and procedures of the probation process;
● recommend to the Secretary of Justice the appointment of the subordinate
personnel of his Administration and other offices established in this Decree; and
● generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

● Sec.  20. Assistant Probation Administrator. — There shall be an Assistant Probation

Administrator who shall assist the Administrator performs such duties as may be assigned
to him by the latter and as may be provided by law. In the absence of the Administrator, he
shall act as head of the Administration. He shall be appointed by the President of the
Philippines and shall receive an annual salary of at least thirty-six thousand pesos.

● Sec.  21. Qualifications of the Administrator and Assistant Probation Administrator. — To

be eligible for Appointment as Administrator or Assistant Probation Administrator, a person
must be at least thirty-five years of age, holder of a master's degree or its equivalent in
either criminology, social work, corrections, penology, psychology, sociology, public
administration, law, police science, police administration, or related fields, and should have
at least five years of supervisory experience, or be a member of the Philippine Bar with at
least seven years of supervisory experience.

● Sec.  22. Regional Offices; Regional Probation Officer. — The Administration shall have
regional offices organized in accordance with the field service area patterns established
under the Integrated Reorganization Plan. Such regional offices shall be headed by a
Regional Probation Officer who shall be appointed by President of the Philippines in
42
 accordance with the Integrated Reorganization Plan and upon the recommendation of the
Secretary of Justice. The Regional Probation Officer shall exercise supervision and control
over all probation officers within his jurisdiction and such duties as may be assigned to him
by the Administrator. He shall have an annual salary of at least twenty-four thousand
pesos. He shall, whenever necessary, be assisted by an Assistant Regional Probation
Officer who shall also be appointed by the President of the Philippines, upon
recommendation of the Secretary of Justice, with an annual salary of at least twenty
thousand pesos.

● Sec.  23. Provincial and City Probation Officers. — There shall be at least one probation
officer in each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen
thousand four hundred pesos. His duties shall be to:
● investigate all persons referred to him for investigation by the proper court or the
Administrator;
● instruct all probationers under his supervision or that of the probation aide on the
terms and conditions of their probations;
● keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about an improvement in their
conduct and conditions;
● maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer
under his supervision;
● prepare a list of qualified residents of the province or city where he is assigned
who are willing to act as probation aides;
● supervise the training of probation aides and oversee the latter's supervision of
probationers;
● exercise supervision and control over all field assistants, probation aides and other
personnel; and
● perform such duties as may be assigned by the court or the Administration.

● Sec.  24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial or

City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with respect to probationers
under their care, the powers of a police officer.

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● Sec.  25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation
Officers. — No person shall be appointed Regional or Assistant Regional or Provincial or
City Probation Officer unless he possesses at least a bachelor's degree with a major in
social work, sociology, psychology, criminology, penology, corrections, police science,
police administration, or related fields and has at least three years of experience in work
requiring any of the abovementioned disciplines, or is a member of the Philippine Bar with
at least three years of supervisory experience. Whenever practicable, the Provincial or City
Probation Officer shall be appointed from among qualified residents of the province or city
where he will be assigned to work.

● Sec.  26. Organization. — Within twelve months from the approval of this Decree, the
Secretary of Justice shall organize the administrative structure of the Administration and
the other agencies created herein. During said period, he shall also determine the staffing
patterns of the regional, provincial and city probation offices with the end in view of
achieving maximum efficiency and economy in the operations of the probation system.
● Sec.  27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers
shall be assisted by such field assistants and subordinate personnel as may be necessary
to enable them to carry out their duties effectively.

● Sec.  28. Probation Aides. — To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides. Probation Aides shall not receive any regular
compensation for services except for reasonable travel allowance. They shall hold office
for such period as may be determined by the Probation Administrator. Their qualifications
and maximum caseloads shall be provided in the rules promulgated pursuant to this
Decree.

● Sec.  29. Violation of Confidential Nature of Probation Records. — The penalty of

imprisonment ranging from six months and one day to six years and a fine ranging from six
hundred to six thousand pesos shall be imposed upon any person who violates Section 17
hereof.

44
Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

1. The state values the dignity of every human person and guarantees full respect for
human rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political beliefs and aspirations.
(Sec 18 (1), Art. III)

3. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been fully convicted. (Sec. 18 (2), Ibid.)

4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. x x x (Sec. 19 (2). Ibid.)

5. The employment of physical, psychological, or degrading punishment against any

prisoner or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt by law. (Sec.19 (2), Ibid.)

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from society a

person who by his acts has proven himself a danger to the free community, To strive at the
correction or rehabilitation of the prisoner with the hope that upon his return to society he shall be
able to lead a normal well adjusted and self supporting life as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all men. (Art. I)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)

45
 Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who shall detain any
person for some legal ground and shall fail to deliver such person to the proper judicial authorities
with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is without
legal ground.

The legal ground of detention are : a) commission of a crime and b) violent insanity or
other ailment requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for the period of time
specified in Art 125, the performance of any judicial or executive order for the release of a prisoner
or unduly delays the services of the notice of such order to said prisoner.

Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in the escape of such
person,
c) The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an outsider to
the jail. If the offender is a public officer or a private person who has the custody of the prisoner
and who helps a prisoner under his custody to escape, the felony is Conniving with or Consenting
to Evasion (Art. 223) and Escape of a Prisoner under the custody of a person not a public officer
(Art. 225) respectively.

This offense like other offenses of similar nature may be committed through imprudence or
negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:

46
 a) Offender is a prisoner-serving sentence involving deprivation of liberty by reason of
final judgment.
b) He evades the service of his sentence during the term of his imprisonment.

This felony is qualified when the evasion takes place by breaking doors, windows, gates,
roofs or floors; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance
with other convicts or employees of the penal institution. (Jail breaking is synonymous with evasion
of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations,

Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:

a) Offender is a prisoner serving sentence and is confined in a penal institution.

b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration, earthquake, explosion,
or similar catastrophe or mutiny in which he has not participated, and
d) He fails to give himself up to the authorities with in 48 hours following the issuance of a
proclamation by the Chief Executive regarding the passing away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-fifth of the period
of the sentence of any prisoner who evaded the service of sentence under the circumstances
mentioned above. The purpose of the law in granting a deduction of one-fifth (1/5) of the period of
sentence is to reward the convict’s manifest intent of paying his debts to society by returning to
prison after the passing away of the calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall grant
allowance for good conduct and such allowances once granted shall not be revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a case of evasion of

service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his original sentence

Infidelity of Public Officers

47
 1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) - A felony
committed by any public officer who shall consent to the escape of a prisoner in his
custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) - A felony
committed by a public officer when the prisoner under his custody or charge escaped
through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art 225,
RPC)

Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such prisoner by
imposition of punishment not authorized by regulation or by inflicting such
punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the charge of a
detained prisoner and he maltreats him. And if the purpose is to extort a confession, Grave
Coercion will be committed.

Good Conduct Time Allowance (GCTA)

Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment. Under Art.97, RPC, the good conduct of any prisoner in any
penal institution shall entitle him to the following deduction from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of 5
days for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction
of 8 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be
allowed a deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed
a deduction of 15 days each month of good behavior.

48
 APPROACHES IN CORRECTION ADMINISTRATION

Any of the approaches or models of prison management that will be presented under this
part serves as an additional information on the need to manage those who are considered outcast
of society, the prisoners.

Just as justifications for the criminal sanction have influenced sentencing decisions,
correctional models have been developed to describe the purposes and approaches to be used in
handling prisoners. Although models may provide a set of rationally linked criteria and aims, the
extent to which a given model is implemented is a matter for empirical investigation.

Researchers have revealed a variety of prison management styles. Dr. George Beto for
example adopted a Control Model of prison management, which emphasizes prisoner obedience,
work and education (Sahara, 1988). Others have exemplified the Responsibility Model of prison
management that stresses prisoners responsibility for their own actions, not administrative control
to assure prescribed behavior. Proper classification of inmates, according to this model, permits
placing prisoners in the least restrictive prison consistent with security, safety, and humane
confinement. Prisoners should be given a significant degree of freedom and then held to account
for their actions (Sahara,1988).

Other models of prison management have been prominent in the last four decades. One is
the Custodial Model, based on the assumption that prisoners have been incarcerated for the
protection of society and for the purpose of incapacitation, deterrence and retribution. It
emphasizes maintenance and security and order through the subordination of the prisoner to the
authority of the warden. Discipline is strictly applied and most aspect of behavior is regulated.

With the onset of the treatment orientation in corrections during the 1950’s, the
Rehabilitation Model of institutional organization and prison management were developed. In
prisons of this sort, security and house keeping activities are viewed primarily as a framework for
rehabilitative efforts. Professional treatment specialist enjoys a higher status than other employees,
in accordance with the idea that all aspect of prison management should be directed towards

49
rehabilitation. During the past decade, with the rethinking of the goal of rehabilitation, the number
of institution geared toward that end has declined. Treatment programs still do exist in most
institutions, but very few prisons can be said to conform under this model.

The Reintegration Model is linked to the structures and goals of community corrections
but has direct impact on prison operations. Although an offender is confined in prison, that
experience is pointed toward reintegration into society. This kind of treatment gradually give
inmates greater freedom and responsibility during their confinement and move them into a halfway
house, work release programs, or community correctional center before releasing them to
supervision. Consistent with the perspective of community corrections, this model is based on the
assumption that it is important for the offender to maintain or develop ties with the free society. The
entire focus of this approach is on the resumption of a normal life (Clear and Cole, 1986).

The effects of these management philosophies, on the basis of existing research, appear
positive (Sahara, 1988). However, defects cannot be put aside. Many still believe that prisons are
supposed to both punish and rehabilitate prisoners to normal daily life and to protect the society
and other inmates from assaultive, escape-prone prisoners. This conflicting goal leads to prison
administrators offending vocal interest groups. Measures taken to assure security or to punish
prisoners inevitably generate criticism from those who are committed to rehabilitation. Actions
taken to encourage prisoners rehabilitation anger line officers, who have the direct responsibility of
maintaining prison security, and the large segment of the public that believe prisons exist to punish
offenders (Sahara, 1988).

The concept of a Total Institution developed by Erving Goffman, has influenced much
research on prisons. He stated that “the prison, like other total institution, is a place of residence
and work where a large number of like-situated individuals, cut off from the wider society for an
appreciable period of time, together lead an enclosed, formally administered round of life”. A total
institution is one that completely encapsulates the lives of the people who work and live there. A
prison must be such an institution in the sense that whatever prisoners do or do not do begins and
ends there; every minute behind bars must be lived in accordance with the rules as enforced by the
staff. Adding to the totality of the prison is a basic split between the large group of inmates. Those
who have very limited contact with the outside world and the small group of staff members who
supervise the inmates and yet are socially integrated with the outside world they live (Clear and
Cole, 1986). This concept of inmate treatment probably an influence of the broad goals of
incarceration. When we look at a prison, it is natural to believe that retribution, incapacitation and
deterrence are the goals being advanced, but one also know that the most sought after goal is the
rehabilitation of offender.

In the late 18th Century, America employed penitentiary as a means of protecting

prisoners from moral contamination and restoring them to habits of correct living (Johnson, 1987).
This is considered as the birth of a modern prison for purposes of the prisoner’s reformation by
protecting health and improving character. In the context of corporal punishment, it seemed
primitive and barbaric but these punishments were the vestiges of the Old World (Johnson, 1987).
In the New World, by contrast, it was self-evident that a criminal was not a preordained sinner. His
fate was not sealed by the Almighty. He was instead a product of the society. While a
prisoner/sinner deserved punishment for his crimes, he also deserved to be reclaimed by and for
the society (Johnson, 1987). The penitentiary, the first prison systematically designed to harness

50
pain in service of the reformation of men, thus embodied a glorious reform dream, providing a new
prison for a New World (Clear and Cole, 1986). It is further essential to note that the reformers or
legislators who supported the penitentiary did so with one firm criterion and that, the punishment is
humane and not replicate the brutal punishment of the past (Clear and Cole, 1986). The
penitentiary model of reformation applies two systems namely, the separate and the congregate.
The separate system used solitary confinement and manual labor in which the prisoners were
kept separate from one another as well as from the outside world. The congregate system is one
in which the prisoners slept in solitary cells, worked together but complete silence is observed.
They are united but no moral connection exists among them. They see without knowing each
other. They are in a society without mental intercourse because there was no communication and
hence no interaction (Clear and Cole, 1986).

The penitentiary was in practice, a custodial institution. It demanded absolute obedience

from criminals who have never learned to respect limits, follow rules, or put in an honest day’s work
and who, moreover, were the filthy elements of the society.

Despite the theoretical emphasis on reform and the widespread use of the terminology of
rehabilitation, the actual experience of imprisonment for most persons who are imprisoned in this
century has been simply punitive. From the mid-60s to the present, a new prison type has emerged
which is defined by the climate of violence and predation on the part of the prisoners. Known
simply as the “violent prison”, it has been aptly described as a “human warehouse with a junglelike
underground” (Johnson, 1987).

In the management of prisons, one recognizes that the pain suffered by the prisoners can
create more prison management problems rather than solve them. When prisoners feel pain,
prisons become hard to operate. According to Johnson (1987), in principle, it is possible to
escalate pain and break the will of the prisoners and to resort into outright brutality and to run the
prison on raw fear. He also stated that prisons are meant to push and deter two goals that require
pain and discomfort even to the extent that conditions in jail are restrictive and even harsh. They
are part of the penalty that the criminal offender must pay for his offenses against society. The
constitution does not even mandate comfortable prisons so indeed prisons can not be free from
discomfort because by their very nature, always will be painful.

In the modern prisons, from the nineteenth century penitentiary to today’s prison system,
administrators are deceptive on this score, preaching treatment but practicing punishment
(Johnson, 1987). The New York’s famous Elmira Reformatory, for example, is often described as
the original model from which progressive penology evolved. It was praised as a humanitarian
“hospital” or “college on the hill”, but pain as a fundamental fact of prison life was not
acknowledged as an Elmira’s ingredients. Although the system developed a new, liberating
reformatory and produced a kind of scientific penitentiary, the system attributed largely on the
result of fear (Johnson, 1987).

The brutality inside prisons in today’s world reflects a failure of policy, a triumph of
convenience over conscience, and a challenge to responsible prison administrators. If our nurturing
is defective, i.e. unappreciative, inconsistent, lax, harsh and careless, one grows up hostile and this
hostility seems as much turned inward as it was turned outward. The nurturing environments that
produce this denigration of self and others are the factors that breed criminality.

51
 If this is what really appears to be, then when will man realize the meaning of reformation
or rehabilitation for prisoners? Does it only end in wishful thinking?

Blumstein list five possible approaches that prison administrators may take to deal with the
prison crisis. Each approach has economic, social and political costs, and each entails a different
amount of time for implementation and impact.

First, the proponent of the Null Strategy say that nothing should be done, that prisons
should be allowed to become increasingly congested and staff should remain to maintain them with
the assumption that the problem is temporary and will disappear in time. This, of course, may be
the most politically acceptable approach in the short run. In the long run, however, the approach
may lead to riots as prisoners take control of their situation and staff members become
demoralized. It may ultimately result in the courts declaring the facilities unconstitutional and taking
over their administration. Philosophical opponents of incarceration may support this approach
because they fear that other strategies will only result in greater numbers of persons imprisoned.

Second, proponents of the Selective Incapacitation strategy argue that expensive and
limited prison space with the necessary number of staff to maintain them should be used more
effectively by targeting the individuals whose incarceration will do the most to reduce crime. It
shows that the incarceration of some career criminals has a pay off in the prevention of multiple
serious offenses.

Third, the Population-Reduction strategy incorporates front door and back door
strategies. Front-door strategies divert offenders to non-incarcerative sanctions, among them,
community service, restitution, fines, and probation. Some critics contend, that even if such
alternative were fully incorporated into the correctional system, they would affect only first time,
marginal offenders, as they are not appropriate for serious criminals if crime control is a goal and
has the effect of widening the net so that a greater number of citizens come under correctional
supervision. While the Back-door strategies such as detention, parole, work release and good
behavior are devised to get offenders out of the prison before the end of their terms in order to free
space for new comers.

Fourth, the Construction Strategy of building new facilities to meet the demand for prison
space for an advantageous prison management. The approach comes to mind when legislators
and correctional officials confront the problem on prison crowding, sanitation and prison violence to
expand the size, number of facilities and personnel.
But given contemporary financial restrictions, this strategy may not be as feasible as it seems.
Opponents of this approach of prison management believe that given the nature of bureaucracy,
prison cells will always be filled as well as the conditions in prisons has detrimental effect of
incarceration on offenders.

Fifth, the Population-Sensitive Flow Control strategy urges the sentencing be linked to
the availability of prison space and management staff, that policies be developed allowing the
release of the prisoners when prison facilities become crowded and staff are greatly outnumbered
to manage prisoners, and that each court be allotted a certain amount of prison space and staff

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members so that judges and prosecutors make their decisions accordingly. This strategy depends
on the political will to release prisoners even in the face of public protest (Clear and Cole, 1986).

Contemporary jails serve two vital purposes: they detain accused individuals awaiting trial
and they house sentenced offenders serving short terms. Some argue that jails are outside the
boundaries of the correction enterprise while others believe that jails are important part of
corrections and that they illustrate many complexities. It is perhaps the most frustrating component
of corrections for people who want to help persons who find themselves under supervision. Many
of them need a helping hand, but the unceasing human flow usually does not allow time for such
help nor the resources available in most instances. Many programs have been tried and
alternatives to jails were developed, but the common experience is that they come to be applied to
persons who otherwise would be sentenced to probation or those who will serve their sentences
with in the community.

In the United States, a Federal Survey (Senna and Siegel, 1987) found out that the ratio of
probation to prison population is increasing as a faster rate than the prison population. About
1,032,000 adult offenders were put on probation in 1984, and about 904,000 finished their
probationary period. Of these about 81.5 percent were considered successful completions. The
remainder, 18.5 percent, was considered unsuccessful either because the probationer was
incarcerated for a new offense or because the probationer absconded or was in custody for
another reason (Senna and Siegel, 1987).

In the context of recidivism, the effectiveness of correctional policy can be evaluated on

the basis of whether former inmates return to life of crime. To assess the extent of recidivism in the
prison system, Lawrence Greenfeld of the Bureau of Justice Statistics analyzed data from a
national survey of prison inmates in Washington D.C., United States. Greenfeld found that an
estimated 61 percent of those admitted to jail or prison had previously served a sentenced of
imprisonment as a juvenile, an adult, or both. Of the 39 percent entering prison who had no prior
imprisonment record, nearly 60 percent had convictions that resulted in probation and 27 percent
were on probation at the time of their offense. In all, about 85 percent of entering inmates had prior
convictions that had resulted in correctional treatment.

Another disturbing fact uncovered by Greenfeld was that 46 percent of the returning
offenders would still have been in prison had they been forced to serve the entire term of the
sentence given them at their previous trial. Many offenders had long criminal records before they
committed the offense that gained them their current sentence. He revealed that most inmates had
prior criminal records. He also said that current correctional policy is not sufficient to deter
offenders for repeating their law-violating behavior (Clear and Cole, 1986).

Based on the aforementioned information, it seems that civilization dictates the realization
of true reformation among prisoners. Civilization means a growth in knowledge, which in turn
increases the power to prevent or reduce pain. Civilization also means an increase in our ability to
communicate with others. Growth in knowledge engulfs those who are outside immediate
environment and this extends to the circle of people with whom one emphasizes. As a result of
civilization, its progress is characterized by a higher tolerance for one’s own pain, and that suffered
by others. This means that “the spectacle, and even the very idea of pain” must be hidden from
more and more people (Johnson, 1987). Ultimately, it must seem to disappear from punishment

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itself. By this growing unwillingness to administer pain does one measure his civilization and, “by
our example, continue the work of civilizing prison management”(Johnson, 1987).

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