CORRECTIONAL ADMINISTRATION

LECTURE NOTES REVIEWER

KIM ROSARY SALLINAS-GERODIAZ, RCRIM, MSCJ

Lecturer
DAY 1
INSTITUTIONAL CORRECTIONS

Correction is one of the components of our Criminal Justice System. It is responsible for the supervision
and control of both persons deprived with liberty and prisoners.
Correction is one of the components of our Criminal Justice System. It is responsible for the supervision
and control of both persons deprived with liberty and prisoners.
Correction is one of the components of our Criminal Justice System. It is responsible for the
supervision and control of both persons deprived with liberty and prisoners.

Correctional Administration - the study and practice of a system of managing jails and prisons and
other institutions concerned with the custody, treatment and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried outby government agencies, and
involving the punishment, treatment, and supervision of persons who have been convicted of crime

Institutional Corrections - refers to those persons housed in secure correctional facilities.

Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or
serving short-term sentences

Gaol - old name/term of jail.

Three Types of Detainees

1. Those undergoing investigation;
2. those awaiting or undergoing trial; and
3. those awaiting final judgment

Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial

CORRECTIONAL SYSTEM

Alcatraz - a US federal penitentiary, often referred to as "The Rock”, the small island of Alcatraz
was developed with facilities for a lighthouse, a military fortification, a military prison (1868),
and a federal prison from 1933 until 1963.

Auburn Prison - Constructed in 1816, (opened 1819) it was the second state prison in New York, the
site of the first execution by electric chair in 1890. It uses the silent or congregate system.

Borstal System - rehabilitation method formerly used in Great Britain for delinquent boys aged 16 to
21. The idea originated (1895) with the Gladstone Committee as an attempt to reform young offenders.
The first institution was established (1902) at Borstal Prison, Kent, England.

Bridewell Prison and Workhouse - was the first correctional institution in England and was a
precursor of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was
given to the city of London to serve as the foundation for as system of Houses of Correction known
as “Bridewells.” These institutions, eventually numbering 200 in Britain, housed vagrants, homeless
children, petty offenders, disorderly women, prisoners of war, soldiers, and colonists sent to
Virginia.

Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes:
the punishment of the disorderly poor and housing of homeless children in the City of London.

Elmira Reformatory - located in New York, was originally a prison opened to contain Confederate
prisoners of war during the Civil War. It became known as a “death camp” because of the squalid
conditions and high deathrate in its few years of operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876
Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira
Reformatory for young felons. The Elmira system classified and separated various types of prisoners,
gave them individualized treatment emphasizing vocational training and industrial employment, used
indeterminate sentences.

Halfway House - a center for helping former drug addicts, prisoners, psychiatric patients, or others
to adjust to life in general society.

Mamertine Prison - was a prison (carcer) located in the Comitium in ancient Rome. It was originally
created as a cistern for a spring in the floor of the second lower level. Prisoners were lowered
through an opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were
awarded for good behavior, a certain number of marks being required for release.

GULAG
–the term Gulag of Igorot Mountain tribe according to the linguist, refers to a wooden-fence where
convicted felons were imprisoned by the elders.
–At the height of the Banawe Rice-Terraces construction, the tribe’s chieftain considers it a crime
for any able-bodied male who refuses to work at the terraces, if found guilty of such idleness, he
will be sent to the Gulag.

GULAG OF GERMANY
–this is infamous Gulag prison of Aleksandr Solzhenitsyn in Germany, where thousands of Jews were
man-slaughtered during the reign of Adolph Hitler.

GULAG OF RUSSIA
–this is synonymous for corrective labor camp, a penal institution established in 1918 after the
Russian Revolution. It was the most feared prison during the reign of Joseph Stalin on 1934 to 1947.

EARLY FORMS OF PUNISHMENT

Banishment - a punishment originating in ancient times, that required offenders to leave the
community and live elsewhere, commonly in the wilderness.

Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is
burned into the skin of a living person, with the intention that the resulting scar makes it
permanent as a punishment or imposing masterly rights over an enslaved or otherwise oppressed
person.

Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of desires) is the
highest good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored, especially for use as storage or
(formerly) as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetration of an organism by an object

such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the
central body mass. Killing by piercing the body with a spear or sharp pole.

METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES

1.GARROTE
This became popular when three (3) friar’s priests, commonly addressed as GOMBURZA, were executed in
1872 by the Spanish colonial rulers for exposing the venalities of the church.

2.MUSKETRY
Our national hero, Dr. Jose Rizal, died due to the alleged rebellion to the Spanish government. Drug
Lord Lim Seng met his death sentence by firing squad in 1973 at Fort Bonifacio during Martial Law.

3.BEHEADING
Apprehended guerillas were beheaded by Samurai Sword at the Japanese Kempetei Garrison in 1943.

4.HANGING
The famous tiger of Malaysia Yamashita died of hanging from 13th footstep platform in 1946.

5.ELECTRIC CHAIR
The Muntinlupa electric chair has claimed more than seventy (70) offenders convicted of capital
offenses since its installation four (4) decades ago.

6.LETHAL INJECTION
While the 1987 Constitution abolished death sentence, however, Congress in 1996 passed RA 7659 as
amended by RA 8177 that imposes death penalty for heinous crime by lethal injection.

OTHER FORMS OF EXECUTION

1. STONING
It is a form of execution wherein the condemned person is pelted with stones.

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

3.CRUCIFIXION
A person convicted to death was nailed on the cross with both hands and feet to add ignominy to his
agony and humiliation. He was crowned with the specter of spines of vines in his head. Then the
Roman pears were thrusts to his flesh body and died of asphyxiation.

4.BURNING AT STAKE
Form of execution wherein the convict is tied in pole and then set on fire alive.
5.FEEDING TO THE LIONS
The offender is thrown in a lion’s den.

6.PILLORY
Bouvier’s dictionary defines pillory as a wooden machine, in which the neck of the doomed culprit is
inserted thereof and usually executed in public as a means of punishing offenders in Europe and
Colonial America. Pillory is a wooden frame with three (3) curved holes in it (two for the left and
right wrists and the middle-curved hole is for the neck) and mounted on the post upon a platform.
The condemned man is left to die at the mercy of unfriendly weather. Other similar form with holes
for the offender’s feet is called a STOCK.

7.DECAPITATION
Derived from the Latin word “DE” meaning FROM, and “CAPUT” meaning a HEAD. Instead of using an axe,
the method employed is by use of a sword and the practice is widespread in China and Muslim States.

8.FLAGELLATION
An X-designed log were cross-joined and declined at 65 degrees backward. The hooded doomed-man was
tied on the cross-x with both hands spread upward while the feet were spread apart. The con-man is
bare naked except in the skimpy short pants.
The whipping rod is made of stripped hard leather with brass button in laid across and embedded at
the tips. At the given signal, six men will whip 30 lashes each alternately and will continue,
except upon the intercession of the victim or the State. This intervention of the aggrieved party to
stop is tantamount to pardon and the man shall be released to freedom.
9.GARROTE
An iron collar attached upon a scaffold formerly used in Spain and Portugal. The convict is seated
on the improvised chair with both hands and feet tied. Then, the victim’s neck is placed on the
collar attached to it, finally, the iron collar is slowly tightened by the screw at the back chair
by the executioner until the death convict is pronounced dead. This method of execution was
abolished in the Philippines by virtue of Act 451.

10. GUILLOTINE
A device for cutting-off people’s head developed in 1972 by Dr. Joseph Ignacio Guillotin, a member
of the French National Assembly, he proposed that all executions must be uniform and painless.

11. ELECTRIC CHAIR

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

12. HANGING
Mostly, the execution is conducted at dawn. The executioner will place a cloth over his head. Steel
weights are strapped to the legs of the death convict to ensure that he/she will die quickly. Then
the rope will be placed around the neck of the convict, and finally, the platform will be removed.

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

14. GAS CHAMBER

Invented after World War I by a medical Corp’s Officer of the US Army as an alternative to electric
chair. In medical term, the convict will die from HYPOXIA which means death due to the cutting-off
of oxygen in the brain.

15. LETHAL INJECTION

Developed in 1924 by an anesthesiologist in Nevada. Components of chemicals used in Lethal Injection
are: Non-lethal Dose/SODIUM THIOPENTAL – a sleep inducing barbiturate commonly used in surgery to
put the patient asleep; Lethal Dose/PANCURONIUM BROMIDE – a drug capable of paralyzing the muscles;
POTASSIUM CHLORIDE – capable of stopping heartbeat within seconds, this is commonly used in Heart-
by-pass operations.

EARLY CODES

Hammurabi's Code - an ancient code which contain both civil and criminal law. First known codified
law prior to Roman law. Better organized and comprehensive than biblical law. One of its laws is lex
taliones (an eye for an eye)

Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections
of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian
I from AD529 to 565.

DAY 2
IMPORTANT PERSONALITIES

Alexander Maconochie - was a Scottish naval officer, geographer, and penal reformer. He is known as
the Father of Parole.

His 2 Basic Principle of Penology

1. As cruelty debases both the victim and society, punishment should not be
vindictive but should aim at the reform of the convict to observe social
constraints, and
2. A convict's imprisonment should consist of task, not time sentences, with
 release depending on the performance of a measurable amount of labor.

Cesare Beccaria - an Italian criminologist, jurist, philosopher and politician best known for his
treaties On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a
founding work in the field of penology and the Classical School of criminology

Charles Montesquieu - a french lawyer, who analyzed law as an expression of justice. He is famous
for his articulation of the theory of separation of powers, which is implemented in many
constitutions throughout the world.

Director Charles S. Mondejar - the first Chief of BJMP. He took his oath of office on July 1 of  
1991.

James V. Bennett - was a leading American penal reformer and prison administrator who served as
director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest
advocates in the movement in persuading Congress to close Alcatraz and replace it with a new
maximum-security prison, eventually successful in 1963 when it closed.

Jean Jacques Villain - pioneered classification to separate women and children from hardened
criminals.

Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but
that it should not be detrimental to the prisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the
prevailing system of oral law and blood feud by a written code to be enforced only by a court.

THE BJMP AND BUCOR

BJMP - (Bureau of Jail Management and Penology) government agency mandated by law (RA 6975) to take
operational and administrative control over all city, district and municipal jails.
It takes custody of detainees accused before a court who are temporarily confined in such jails
while undergoing investigation, waiting final judgement and those who are serving sentence
promulgated by the court 3 years and below.
created Jan. 2, 1991.
          - Charles S. Mondejar - 1st BJMP chief.
          - BJMP chief tour of duty, must not exceed 4 years, maybe extended byPresident.
Grounds:
                     1. In times of war
                     2. other national emergencies.
          - Senior superintendent - the rank from which the BJMP chief is appointed.
This is the rank of the BJMP Directors of    the Directorates in the National
Headquarters. This is also the rank of the Regional Director for Jail Management and
Penology.
  - Chief of the BJMP - Highest ranking BJMP officer. Appointed
            by the President upon recommendation of DILG Secretary. Rank is Director.
          - BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP officer.
Appointed by the President upon recommendation of the DILG Secretary. Rank is
Chief Superintendent.
          - BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP officer.
Appointed by the President upon recommendation of the DILG Secretary. Rank is
Chief Superintendent.
          - BJMP Chief of the Directorial Staff - the 4th highest BJMP officer. Appointed
by the President upon recommendation of the DILG Secretary. Rank is Chief
Superintendents.

Bureau of Corrections - has for its principal task the rehabilitation of national prisoners, or
those sentenced to serve a term of imprisonment of more than three years.

  has 7 prison facilities

 - 1 prison institution for women
- 1 vocational training centre for juveniles.
 - Classification Board - classifies inmates according to their security status.
 - Reception and Diagnostic Centre - (RDC) receives, studies and classifies inmates committed
to Bureau of Corrections.
 - Board of Discipline - hears complaints and grievances with regard to violations of prison rules
and regulations.

          - Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes, then the Sec. of
Commerce and police.

          - New Bilibid Prison - established in 1941 in Muntinlupa

            Camp Bukang Liwayway - minimum security prison.
            Camp Sampaguita - medium security prison

          - Davao penal Colony - established jan 21, 1932 (RA 3732)

          - Sablayan Penal Colony and Farm - established Sept.27, 1954

            (Proclamation No.72) location: Occidental Mindoro
          - Leyte Regional Prison - established Jan.16, 1973
          - Old Bilibid Prison - First Penal Institution in the Phil. designated as insular

THE SEVEN OPERATING CORRECTIONAL FACILITIES IN THE PHILIPPINES

1.BILIBID PRISON

a. BILIBID PRISON – the main insular penitentiary during the Spanish regime. This was constructed in
1847 and was formally inaugurated in 1865 by virtue of the Royal Decree of the Spanish Crown. This
is located at the then famous “May Haligue Estate” at nearby Central Market. This was constructed in
radical spokes-of-a-wheel form with a tower in the center spoke for easy command and control. In
1936, the City of Manila exchanged its Muntinlupa property with that of the Bureau of Prison lot,
the Muntinlupa property was intended as a site for Boys Training School, but because it was too far,
the City preferred the site of the Old Bilibid Prison, the present site of Manila City Jail.

b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552 hectares) – this is where the Bureau of
Corrections Central Office. Within the complex are the three (3) security camps administered by a
Penal Superintendent and assisted by as Asst. Superintendent in each Camp. The thee (3) security
camps are:

 MAXIMUM SECURITY COMPOUND is for prisoners whose sentences are 20 years and above, life
termers or those under capital punishment, those with pending cases, those under disciplinary
punishment, those whose cases are on appeal, those under detention, and those that do not
fall under medium and minimum-security status.

 MEDIUM SECURITY COMPOUND (also known as Camp Sampaguita) is for prisoners whose sentences are
below 20 years (computed from the minimum sentences per classification interpretation) and
those classified for colony assignment.

 MINIMUM SECURITY COMPOUND (also referred to as Camp Bukang Liwayway) is an open camp with
less restrictions and regimentation. This is for prisoners who are 65 years old and above,
medically certified as invalids and for those prisoners who have six months or less to serve
before, they are released from prison. The lethal injection chamber is also located here.

2.SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur – founded by Capt. Ramon Blanco, a member of
the Spanish Royal Army and named the prison facility after his patron saint. This was initially
intended for the confinement of political prisoners during Spanish era. It was closed during the
Spanish-American War and was reopened during the American occupation. It has three facilities
(maximum, medium, minimum). The penal farm was designed to promote agro-industrial activities.
Land area: Approximately 1, 546 hectares
Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870

3.IWAHIG PRISON AND PENAL FARM, Palawan

-envisioned as an institution for incorrigible criminals, however, the first contingent of prisoners
to be confined revolted against the authorities.
-On November1, 1905 under the Reorganization Act 1407, the policy was changed, instead of putting
hardened criminals, well behaved and obedient inmates were sent to the colony
-The farm is predominantly designed for agro-industrial activities. Within its area are four (4)
sub-colonies:
1.Central sub-colony
2.Sta. Lucia sub-colony
3.Montible subcolony
4.Inagawan sub-colony
-All these colonies are administered by a Penal Supervisor
-It administers the Tagumpay Settlement, which is approximately 1, 000 hectares, with six hectares
homestead lots distributed to inmates who desired to live in the settlement after service of
sentence.
-One of the best open institutions in the world.
Date established: Nov. 16, 1904
By virtue of: Reorganization Act of 1407
Land area: Approximately 36, 000 hectares
Principal product: rice, corn, copra and other forest product

4.CORRECTIONAL INSTITUTION FOR WOMEN, Mandaluyong City

-The only female institution in the Philippines
-Since 1934, a female Superintendent was assigned to supervise the prison facility.
Year established: 1931
By virtue of: Act 3579 which was passed on Nov. 27, 1929
Vocational activities: Dress making, beauty culture, handicrafts
5.LEYTE REGIONAL PRISON, Abuyog, Leyte
Date established: Jan. 16, 1973
-It is a prison facility, which has a receiving and process station.
-It has three security facilities – maximum, medium, minimum
-Because of its terrain, prison agro-industrial activities could not be fully developed.
-
6.SABLAYAN PRISON AND PENAL FARM, Sablayan, San Jose, Mindoro Occidental
-With four sub-colonies within the prison compound:
1.Central sub-colony
2.Pusog sub-clony
3.Pasugui sub-colony
4.Yapag sub-colony
-This penal farm is intended for agro-industrial activities
Land area: Approximately 16, 408.5 hectares
By virtue of: Proclamation no. 72
Date established: Sept. 27, 1954
Principal product: Rice

7.DAVAO PRISON AND PENAL FARM, Tagum, Davao del Norte

-With two sub-colonies:
1.Panabo sub-colony
2.Kapalong sub-colony
-Administer the Tanglaw Settlement for those inmates who desire to live within the compound

DAY 3
CLASSIFICATION OF INMATES

CLASSIFICATION – refers to the assigning or grouping of inmates according to their sentence, gender,
age, nationality, health, criminal records, etc.
–a method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated to an individual.
–the process of assigning inmates to types of custody or treatment programs appropriate to
Their needs.

Four Classes of Prisoners

   1. Insular or national prisoner – one who is sentenced to a prison term of three years and one
day to death;
   2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to
three years;
   3. City prisoner – one who is sentenced to a prison term of one day to three years; and
   4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

CLASSIFICATION OF SENTENCED PRISONERS ACCORDING TO P. D. 29

1. INSULAR/NATIONAL PRISONER – sentence to serve a prison term of over three (3) years or to a
fine of more than six thousand pesos (P6, 000) or both.
2. CITY/PROVINCIAL PRISONER – sentenced to serve less than three (3) years but over six (6)
months or to a fine less than six thousand pesos (P6, 000) but more than two hundred pesos
(P200) or both.
3. MUNICIPAL PRISONER – sentenced to serve less than six (6) months or to a fine of not more
than two hundred pesos (P200).

NATIONAL CORRECTIONS CONSCIOUSNESS WEEK

1. Every last week of October

2. By virtue of Proclamation Number 551 signed on March 15, 1995, by former President Fidel V.
Ramos.

IMPORTANT DOCUMENTS/REPORT IN CORAD

CARPETA – refers to the institutional record of an inmate which consist of his mittimus/commitment
order, the prosecutor’s information and the decision of the trial court, including the appellate
court, if any.

COMMITMENT – the entrusting for confinement of an inmate to a jail by competent authority for
investigation, trial and/or service of sentence.

COMMITMENT ORDER – a written order of the court or any other competent authority consigning an
offender to a jail or prison for confinement.

MITTIMUS- refers to a warrant issued by a court to commit someone to imprisonment. It directs a

sheriff or other officer to deliver the person named in the writ to a prison or jail, and directs
the jailor to receive and imprison the person.

PRISON RECORD - refers to information concerning an inmate's personal circumstances, offense he

committed, sentenced imposed, criminal case number in the trial and appellate courts, the date when
the service of his sentenced commenced, the date when the inmate received mittimus, commitment order
for confinement, the place of confinement, the date of the expiration of sentence, the number of
previous convictions and his behavior or conduct while in prison.

DETAINEE WAIVER’S RIGHT FORM

Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall be null and void and of no effect.

INFRACTION REPORT - refers to the report submitted by the probation and parole officer on violations
committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon
while under supervision.

PROGRESS REPORT - refers to the report submitted by the probation and parole officer on the conduct
of the parolee/pardonee while under supervision.
SUMMARY REPORT - refers to the final report submitted by the probation and parole officer on his
supervision of a parolee/pardonee as basis for the latter's final release and discharge.

RELEASE DOCUMENT - refers to the conditional pardon/absolute pardon issued by the president of the
Philippines to a prisoner or to the "Discharge on Parole" issued by the board.

INDETERMINATE SENTENCE LAW

INDETERMINATE SENTENCE LAW (ISLAW)

(Act No. 4103, as amended, December 5, 1933)
📍The purpose of the law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and economic usefulness.

🔖(People vs. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused particularly to
shorten his term of imprisonment, depending upon his behavior and his physical, mental, and moral
record as a prisoner to be determined by the Board of Indeterminate Sentence.

WHAT IS INDETERMINATE SENTENCE?

INDETERMINATE SENTENCE - is a sentence with a minimum term and maximum benefit of a guilty person,
who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one (1) year. It
applies to both violations of the RPC and special laws.
EXAMPLE:

1. REVISED PENAL CODE - The court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be properly
imposed under the Code, and the maximum term which shall be within the range of the penalty next
lower in degree to that prescribed by the Code for the offense.

🔖The maximum is the penalty imposed as provided by law, depending upon the attending
circumstances. The minimum us one degree next lower to the penalty prescribed for the offense. The
latter is determined without considering the attending circumstances to the penalty prescribed, and
is left to the discretion of the court. (People vs. Yco, 6545, July 27, 1954)

📎ILLUSTRATIVE EXAMPLE
➡️Homicide with one mitigating circumstance⬅️
📍The maximum penalty prescribed by law is reclusion temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion temporal without considering the mitigating
circumstance and that will be prision mayor. The range of prision mayor will depend upon the
discretion of the court. Therefore, the indeterminate penalty is a minimum of prision mayor (within
the range fixed by the court) to a maximum of reclusion temporal minimum period.

2. SPECIAL LAW - The court shall sentence the accused to an indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
minimum term prescribed by the same.

📎ILLUSTRATIVE EXAMPLE
📍Penalty is one (1) year to five (5) years. Indeterminate sentence may be one (1) year to three (3)
years or three (3) to five (5) years.

INDETERMINATE SENTENCE IS NOT APPLICABLE TO PERSON WHO ARE;

📍1. Convicted of offenses punished with death or life imprisonment.
📍2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of
treason,
rebellion, sedition or espionage, or piracy.
📍3. Those who are habitual delinquents.
📎Note: Recidivists are entitled to an indeterminate sentence. (People vs. Jaranilla, 28547,
February 22, 1974)

📍4.Those who shall escaped from confinement or evaded sentence.

📎Note: A minor who escaped from confinement in the reformatory is entitled to the benefits
of the law because confinement is not considered imprisonment. (People vs. Perez, 44 OG
3884)

📍5. Those who having been granted conditional pardon by the president shall have violated the
terms thereof.
📍6. Those whose maximum period of imprisonment does not exceed one year.
📎Note: The application of which is based upon the penalty actually imposed in accordance
with law. (People vs. Hidalgo, 452, January 22, 1962)
📍7. Those already serving final judgment upon the approval of this Act (December 5, 1933).

📍8. Those sentenced to the penalty of destierro or suspension.

Notes:
 📎Whenever any prisoner who shall have served the minimum penalty imposed on him, the Board
of Indeterminate Sentence may, in its discretion, and in accordance with the rules and
regulations adopted there under, authorize the release of such prisoner on parolee. if during
the period of surveillance, such parolee shall show himself to be a law-abiding citizen and
shall not violate any of the laws of the Philippines, the Board may issue a final certificate
of release in his favor. Whenever any prisoner released on parole shall, during the period of
 surveillance, violate any of the conditions of his parole, the Board may issue an order for
his re-arrest and shall serve the remaining unexpired portion of the maximum sentence.

 📎The application of the Indeterminate Sentence Law is mandatory if the imprisonment would
exceed one (1) year. It would be favorable to the accused. (People s. Judge German Lee, Jr.,
86859, September 12, 1984)

DAY 4
NON- INSTITUTIONAL CORRECTIONS

FORMS OF EXECUTIVE CLEMENCY

EXECUTIVE CLEMENCY - is the power of a President in state convictions, to pardon a person convicted
of a crime, commute the sentence (shorten it, often to time already served), or reduce it from death
to another lesser sentence.

It is an executive function and not a function of the judiciary. It is also a non-delegable

power and it can only be exercised by the president of the Philippines personally. (Villena vs.
Secretary of the Interior, 67 Phil. 451, 453)

The president extends executive clemency for administrative penalties. The constitution makes
no distinction with regard to the extent of the pardoning power except with respect to impeachment.
(Llamas vs. Orbos, G.R. No. 99031, October 15, 1991).

1. PARDON - it is an act of grace given by those charged with the power and authority to execute
laws which exempts the individual subject of pardon from the punishment which the law inflicts for a
crime he had committed.

A pardon is an act of grace, proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a
crime he has committed. It is the private, though official, act of the executive magistrate,
delivered to the individual for whose benefit it is intended and not communicated officially to the
court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance. It may then be rejected by the person to whom it is tendered; and if it
be rejected, we have discovered no power in a court to enforce it on him. (United States vs. Wilson,
7 Pet. [32 U.S.] 150, 160-161 [U.S. 1833]).

A. ABSOLUTE PARDON - looks forward and relieves the offender from the consequences of an
offense of which he has been convicted. An absolute pardon not only blots out the crime
committed but also removes all disabilities resulting from the conviction.

EFFECTS OF PARDON BY THE CHIEF EXECUTIVE

1. An absolute pardon extinguishes the criminal liability of the offender. [Article
89(3) Revised Penal Code]

2. It does not exempt the offender from payment of the civil indemnity imposed in the
sentence. [Article 36 Revised Penal Code]

3. It does not restore the right to hold public office or the right of suffrage unless
such rights are expressly restored by the terms of the pardon. [Article 36 Revised Penal
Code]

A. CONDITIONAL PARDON - any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein; otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the pardon
and the provisions of Article 159 shall applied to him. (Article 95, Revised Penal Code)

CONDITIONAL PARDON delivered and accepted is considered a contract between the sovereign
power of the executive and the convict that the former will release the latter upon
compliance with the condition. In conditional pardon, the condition usually imposed upon the
convict is that "he shall not again violate any of the penal laws of the Philippines."

WHEN IS PARDON GRANTED?

🔖Pardon is granted only after final conviction. [Section 19. Article VII of the
Constitution]

LIMITATIONS ON THE EXERCISE OF THE POWER TO GRANT PARDON

📌1. It cannot be granted in cases of impeachment.

🔖IMPEACHMENT - defined as a method of national inquest into the conduct of public
men.
📌2. It cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Elections.
📌3. It can only be granted after conviction by final judgment.

📎The second limitation is based on the constitutional provision under Article IX(C) (5). The
Commission on Elections.

📍Section 5. No pardon, amnesty, parole or suspension of sentence for violation of election laws,
rules and regulations shall be granted by the president without the favorable recommendation of the
commission.
2. REPRIEVE - the execution of the sentence is stayed or postponed. (People vs. Vera, 65 Phil. 56,
110 [1937])
A REPRIEVE is a withdrawal or withholding of punishment for a time after conviction and
sentence, and is in the nature of a stay of execution. It postpones the execution of a sentence to a
day certain. Usually, it is granted to a prisoner to afford him an opportunity to procure some
amelioration of the sentence imposed.

REPRIEVE is also another prerogative exercised by the President of the Philippines. Generally,
it is applied to death sentence already affirmed by the Supreme Court. But it can also be invoked in
other cases that have become final. In death sentences, the date of execution of the death convict
is held in abeyance for a certain period to enable the Chief Executive to temporarily stay execution
of sentence.
A president usually resorts to this to resolve all his doubts and reservations and want to
really establish that the convict truly deserves to be executed. The President may not want to be
conscience-stricken, if later, it is found out that the executed convict did not deserve to die.
Reprieve is also being widely exercised by the President on almost all death convicts because of
strong pressure from various lobby groups.

A REPRIEVE differs from a pardon in that the former establishes a temporary delay in the
enforcement of the sentence imposed by the court, without changing the sentence or forgiving the
crime while, a reprieve might be issued for the execution of a prisoner to give time to the prisoner
to prove his or her innocence.

3. PAROLE - refers to the conditional release of an offender from a correctional institution after
he has served the minimum of his prison sentence. The person subject of parole is released from
imprisonment but his liberty is not fully restored because the parolee is still considered in
custody of the law although he is not in confinement.

PAROLE is the planned release and community supervision of incarcerated offenders before actual
expiration of their prison sentences. It is usually considered a way of completing a prison sentence
in the community and is not the same as a pardon; the paroled offender can be legally recalled to
serve the remainder of his or her sentence in an institution if the parole authorities deem the
offender's adjustment inadequate or if while on parole the offender commits another crime.

4. AMNESTY - is an act of grace given with the concurrence of congress. It is usually extended to
groups of persons who committed political offenses. It abolishes the offense itself.

AMNESTY - to is granted by the Proclamation of the Chief Executive with the concurrence of the
congress. It is a public act of which the court should take judicial notice. Criminal action or
liability is totally extinguished by amnesty, completely extinguishing the penalty and its effects.

AMNESTY - is an act of the sovereign power granting oblivion or a general pardon for a past offense,
and is rarely, if ever, exercised in favor of a single individual. It is usually exerted in behalf
of certain classes of persons, who are subject to trial but have not yet been convicted. (Reyes,
Revised Penal Code (Book Two), 14th ed., p. 831 citing Brown vs. Walker, 161 U.S. 602)

5. 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. (Section
3[a], PD No. 968, as amended)

6. COMMUTATION - mitigates or reduces the penalty itself.

- is a remission of a part of the punishment; a substitution of a less penalty for the one
originally imposed.
🔖In criminal law, COMMUTATION - is the substitution of a lesser punishment for a greater one.
COMMUTATION OF SENTENCE is the change in the sentence of the court made by the president which
consists in reducing the penalty imposed upon the offender.

COMMUTATION OF SENTENCE - refers to the reduction of the duration of a prison sentence. It is

another prerogative of the president as provided under the Constitution. It is an act of clemency by
which a heavier or longer sentence is reduced to a lighter or shorter term.

📎Example, a death sentence or life imprisonment is reduced to a shorter sentence. Commutation

does not forgive the offender but merely reduces the penalty of life imprisonment or death sentence
for a term of years.

A COMMUTATION OF SENTENCE amounts to a reduction of the penalty originally imposed. Commutation

of sentence may take place even without the grantee's consent. Under the Revised Penal Code, as
amended by Republic Act 7659 (Death Penalty Law) providing for the re-imposition of the death
penalty, commutation of the penalty of death to reclusion perpetua is provided in cases when a
convict is below eighteen (18) years of age at the time of the commission of the crime over seventy
(70) years of age, or when the required majority vote is not obtained for the imposition of or
affirmance of an imposed death penalty by the Supreme Court En Banc.

COMMUTATION OF SENTENCE also benefits inmates sentenced to a fixed or determinate sentence,

which renders him or her ineligible for parole. Commutation of sentence changes the original fixed
sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released
on parole. Commutation is also appropriate to convicts sentenced to several counts.
MINIMUM REQUIREMENTS OF IMPRISONMENT BEFORE COMMUTATION OF SENTENCE IS GRANTED

Reminder: Familiarized the number of sentences needed based on the circumstances.

For Commutation of Sentence, the inmate should have served:

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

b. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum
of the indeterminate prison terms;

c. At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special
laws;

d. At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the
provisions
of Article 70 of the Revised Penal Code, as amended;

e. At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and
sentence
to one (1) reclusion perpetua or one (1) life imprisonment;

f. At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as
"The
Dangerous Drugs Act of 1972" or Republic Act No. 9165 also known as "The Comprehensive
Dangerous Drugs Act of 2002", and for kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes;

g. At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua or
life imprisonment even if their sentences were adjusted to a definite prison term of forty
(40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as
amended;

h. At least twenty-five (25) years for inmates originally sentenced to death penalty but which
was automatically reduced or commuted to reclusion perpetua or life imprisonment. [Section
4.
Board of Pardon and Parole (Resolution No. 24-4-10)]

7. REMISSION OF FINES AND FORFEITURES - it should be noted that remission of fines and forfeitures
merely prevents the collection of fines or the confiscation of forfeited property; it cannot have
the effect of returning property which has been vested in third parties or money in the public
treasury.

🔖The president can remit a fine or forfeiture only with respect to those within the interest
of the state and not those of private parties whose rights have been vested and fixed by the
judgment. Fine and forfeitures already paid to the treasury cannot be remitted either since any
disbursement of funds therefrom require legislation.

📌REMISSION - refers to an act of liberty by virtue of which, without receiving any equivalent,
the creditor renounces the enforcement of the obligation, which is extinguished in its entirety or
in that part or aspect of the same to which the remission refers.

📌FINE - is a pecuniary punishment imposed by a lawful tribunal upon a person convicted of

crime or misdemeanor.

📌FORFEITURE - is the incurring of a liability to pay a definite sum of money as the

consequence of violating the provisions of some statute or refusal to comply with some requirement
of law. It may be said to be a penalty for misconduct or breach of duty.

DAY 5

IS SUSPENSION OF SENTENCE THE SAME AS REPRIEVE?

🔖No. SUSPENSION OF SENTENCE is always a part of the judicial power while REPRIEVE is always a part
of the executive power. The SUSPENSION OF SENTENCE simply postpones the judgment of the court
temporarily or indefinitely, but the conviction and liability following it, and all civil
disabilities, remain and become operative when judgment is rendered. REPRIEVE on the other hand, is
a prerogative exercised by the president of the Philippines (Executive Clemency). Generally, it is
applied to death sentences already affirmed by the Supreme Court.

THE INSTANCES WHEN SENTENCE MAY BE SUSPENDED

The following are instances or situations in criminal cases wherein the accused, either as an
adult or as a minor, can apply for and/or be granted a suspended sentence:

📌1. Where the accused became insane before sentence could be promulgated. (Article 79, RPC)
📌2. Where the offender upon conviction by the trial court, filed an application for probation
which has been granted.
📌3. Where the offender needs to be confined in a rehabilitation center because of drug-
dependency
although convicted of the crime charged.
📌4. Where the offender is a youthful offender under Article 192, PD 603, otherwise referred to
as the Child and Youth Welfare Code.
📌5. Where the crime was committed when the offender is under 18 years of age and he is found
 guilty thereof in accordance with RA No. 9344, otherwise known as the Juvenile Justice and
Welfare Act of 2006, but the trial court subjects him to appropriate disposition measures
as
prescribed by the Supreme Court in the Rule on Juvenile in Conflict with the Law.
📌6. The death sentence shall be suspended upon a woman while she is pregnant or within one
year
after delivery. (Article 83, RPC)
📌7. Suspension of sentence of a first-time minor offender under Article 66 of RA No. 9165,
known as the Comprehensive Dangerous Drugs Act of 2002.

SUSPENSION OF THE EXECUTION OF DEATH SENTENCE UNDER ARTICLE 83 OF THE RPC

Death sentence shall be suspended when the accused is a:

📌1. Woman, while pregnant;

📌2. Woman, within one year after delivery; or
📌3. A person over 70 years of age.

8. GOOD CONDUCT TIME ALLOWANCE

GOOD CONDUCT TIME ALLOWANCE - credit earned by an inmate which reduces the duration of his
incarceration. It also refers to time subtracted from a sentence by prison authorities for good
behavior or for other reasons.

📎SPECIAL TIME ALLOWANCE for Loyalty of Prisoner

- refers to the deduction of 1/5 of the period of the sentence of a prisoner who, having
evaded the service of his sentence during the calamity or catastrophe mentioned in Article 158 of
the Revised Penal Code, gives himself up to the authorities within 48 hours following the issuance
of the period of the proclamation by the President announcing the passing away of the calamity or
catastrophe. (Article 98, ROC)

WHAT ARE THE EFFECTS OF GCTA WHEN GRANTED?

The good conduct or behavior of an inmate shall entitle him to the following deductions from
the period of his sentence:

📍a. During the first two (2) years of his imprisonment, he shall be allowed a deduction of five
(5)
days for each month of good behavior;
📍b. During the third to fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction
of eight days for each month of good behavior;
📍c. During the following years until the tenth year, inclusive of his imprisonment, he shall be
allowed a deduction of ten (10) days for each month of good behavior; and
📍d. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction
of fifteen (15) days for each month of good behavior. (Article 97, RPC)

WHO MAY GRANT GOOD CONDUCT TIME ALLOWANCE (GCTA)?

The Director of Prisons may grant GCTA to an inmate who displays good behavior and who has no
record of breach of discipline or violation of prison rules and regulations. Whenever lawfully
justified, the Director of Prison shall grant allowances for good conduct. Such allowances once
granted shall not be revoked. (Art. 99, RPC)

REVOCATION/RESTORATION OF GCTA
GCTA once granted shall not be revoked without just justice. The GCTA, which an inmate is
deprived of because of misconduct, may be restored at the discretion of the Director upon the
recommendation of the Superintendent.

GCTA OF DETAINEE LIFE TERMER

A detainee shall only be
as may be assigned to him. In
as may be imposed upon him if
An inmate sentenced to
appeal.
granted GCTA if he voluntarily offers in writing to perform such labor
such a case, the credit he may receive shall be deducted from sentence
he is convicted.
life imprisonment shall not be granted GCTA while his sentence is on

DAY 6

Republic Act No. 10592

An act amending articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended, otherwise known as
the Revised Penal Code.

📌Article 29. One-half of the Period of the Preventive Imprisonment Deducted from Term of
Imprisonment.
- Offenders who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with one-half of the time during which they
have undergone preventive imprisonment, except in the following cases:
📍1. When they are recidivists, or have been convicted previously twice or more times of any
crime;
📍2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily;
📍3. When they have been convicted of robbery, theft, estafa, malversation of public funds,
 falsification, vagrancy or prostitution.
📌Article 94. Partial Extinction of criminal liability.
- Criminal liability is extinguished partially:
📍1. By conditional pardon;
📍2. By commutation of the sentence; and
📍3. For good conduct allowances which the culprit may earn while he is serving his sentence.

📌Article 97. Allowance for good conduct.

- The good conduct of any prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:
📍1. During the first two years of his imprisonment, he shall be allowed a deduction of five
days
for each month of good behavior;
📍2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight days for each month of good behavior;
📍3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each month of good behavior; and
📍4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction
of fifteen days for each month of good behaviour.

📌Article 98. Special time allowance for loyalty.

- A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who,
having evaded the service of his sentence under the circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe to in said article.

📌Article 99. Who grants time allowances?

- Whenever lawfully justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.

SERVICE OF SENTENCE - after the convict served his sentence, his criminal liability is automatically
extinguished. However, service of sentence does not extinguish his civil liability.

🔖Crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty
is but the amount of his debt. When payment is made, the debt is extinguished.

DEATH OF THE OFFENDER

DEATH OF CONVICT - death of convict extinguishes criminal liability at any stage of the criminal
proceeding: civil liability is likewise extinguished if death occurs before final judgment. If death
occurs, there will be nobody to serve the penalty for the crime. The death of the convict, whether
before or after final judgment, extinguishes criminal liability, because one of the juridical
conditions of penalty is that it is personal.

A. While Death Pending Appeal Extinguishes Criminal Liability, The Supreme Court May Still Review
The Case
📎 the accused's death pending appeal of his conviction results to automatic dismissal of the
charges. The Supreme Court may however, review the case and if the accused is found innocent, shall
render the appropriate judgment, belated though it may be to vindicate his sullied honor and redeem
his memory from an undeserved accusation. (Domondon, Primus, 2009 Wrap-Up Review Notes in Criminal
Law, p.97, citing Dumlao vs. Court of Appeals, et al., G.R. No. L-51625, October 5, 1988)

B. Death of the Offender Before or During Trial.

📎If death occurs before or during the trial, the criminal case must be dismissed. This is so
because of the preservation of the constitutional rights of the deceased accused who would not be
anymore in a position to defend himself. Further, it would be useless to proceed because the ends of
criminal justice (Retribution and Rehabilitation) could not anymore be served. There would be no
convict upon whom the personal penal consequences of the offense could be imposed, neither is there
a culprit who needs rehabilitation. (Domondon, Primus Pre-Bar Review Division, 2009 Wrap-Up Review
Notes in Criminal Law, p.9

C. Death of Accused Pending Appeal.

📎The death of the accused pending the appeal of his conviction will extinguish his criminal
liability as well as his civil liability arising from the crime committed.

However civil liability arising from sources other than the crime committed survives and
may be pursued in a separate civil action. Sources of civil liability other than crime are law,
contracts, quasi-contracts, and quasi-delicts.

DAY 7

VIOLATIONS OF EXECUTIVE CLEMENCIES

VIOLATION OF CONDITIONAL PARDON - is an infringement of the terms stipulated in a contract between

the sovereign power or the Chief Executive and the criminal, to the effect that the former will
release the latter subject to the condition that if he does not comply with the term, he will be
recommitted to prison to serve the unexpired portion of the sentence or an additional one.
REMEDIES OF THE STATE IF CONDITIONS OF PARDON ARE VIOLATED
🔖Under Section 64(l) of the Revised Administrative Code, the Chief Executive is authorized to
order the arrest and re-incarceration of any such person who, in his judgment, shall fail to comply
with the condition or conditions of his pardon, parole, or suspension of sentence.

🔖Upon determination that a prisoner granted conditional pardon has violated the conditions
thereof, the Board shall recommend his arrest or recommitment to the president. [Section 26, Amended
Guidelines for Recommending Executive Clemency]

Thus, when the conditions are violated, the offender is considered in evasion of the service of
his sentence and shall be:
▶️
1. Re-arrested and re-incarcerated by order of the president under the Revised Administrative
Code; or
▶️2. Prosecuted under Article 159 of the Revised Penal Code (RPC). When the penalty remitted is 6
years and below, there will an additional penalty; over 6 years, the remaining sentence shall be
served without additional penalty for the evasion.

REQUIREMENT BEFORE THE BOARD OF PARDON AND PAROLE MAY RECOMMEND TO THE PRESIDENT THE GRANT OF
CONDITIONAL PARDON
🔖The Board may nonetheless review and/or recommend to the president the grant of executive
clemency to an inmate provided the inmate meets the following minimum requirements of imprisonment.
For Conditional Pardon, an inmate should have served at less one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term. [Section 4, as amended, Amended Guidelines for
Recommending Executive Clemency]

9. RECOGNIZANCE

RECOGNIZANCE - is an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most usual condition in
criminal cases being the appearance of the accused for trial. A recognizance does not require the
signature of the accused for its validity.
- whenever allowed by law or the rules, the court may release a person in custody to his own
recognizance or that of a responsible person. (Section 15. Rule 114 Rules of Court)

LAWS ALLOWING DETAINED PERSONS TO BE RELEASE ON RECOGNIZANCE

📌1. Presidential Decree 968 - The Adult Probation Law of 1976
📌2. Presidential Decree No. 603 - Child and Youth Welfare Code
📌3. Republic Act No. 9344 - Juvenile Justice and Welfare Act of 2006
📌4. Under the Revised Rule on Children In Conflict with the Law (CICL), Supreme Court A.M. No.
02-1-18-SC, November 24, 2009 –

QUALIFICATIONS AND REQUIREMENTS FOR RELEASE ON RECOGNIZANCE

📍1. That the applicant is a filipino citizen
📍2. That he is a resident of the Philippines for at least six (6) months prior to the filing
of
the application
📍3. That the offense for which he is in custody and seeks to be released on recognizance is
not
punishable by death, reclusion perpetua, or life imprisonment
📍4. That he has no sufficient means to post corporate surety, property bond, or cash deposit
as
bail bond; and
📍5. That more than five (5) years have elapsed since his last conviction or release from
imprisonment after conviction for an offense, if any, and he has shown good behavior during
the said period.

DISQUALIFICATIONS FOR RELEASE ON RECOGNIZANCE

📍1. That he is a danger to the community
📍2. That the circumstances of his case indicate the probability of flight if released on
recognizance
📍3. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has been previously
convicted of a crime aggravated by the circumstance of reiteration
📍4. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his previous bail or release on recognizance, if any, without valid
justification
📍5. That he has previously committed a crime while under probation, parole, or conditional
pardon; or
📍6. That there is undue risk that he may commit another crime if released on recognizance.

10. BAIL

REASONS WHY THE CONSTITUTION PROHIBITS THE IMPOSITION OF EXCESSIVE BAIL

EXCESSIVE BAIL means a bail set at a higher amount than that reasonably calculated to ensure the
presence of the accused at the trial. It is prohibited for the following reasons:
📌1. To safeguard the liability of the individual
📌2. Imposition of excessive bail amounts to nullification of the right to bail which is offensive
to the constitution
📌3. Right to bail would become meaningless. (Sunga vs. Salud, 109 SCRA 253)
DAY 8

APPOINTEES /COMMAND LEADERS

REQUIREMENTS FOR REGIONAL PROBATION OFFICE, ASSISTANT REGIONAL PROBATION OFFICE, PROVINCIAL OR CITY:
📍1. A bachelor degree major in social work, sociology, psychology, criminology, penology,
correction, police science, police administration or related field with 3 years supervisory
experience.
📍2. Member of the BAR with 3 years supervisory experience.

REGIONAL PROBATION OFFICE ➡️Appointed by the President upon recommendation of the Secretary of DOJ.
It is assisted by Assistant Regional Probation Office.

PROVINCIAL OR CITY PROBATION AND PAROLE OFFICER ➡️ At least one in each province or city appointed
by secretary of DOJ, upon recommendation of probation administration.

PROBATION ADMINISTRATION
➡️Appointed by the President
➡️Hold office during good behavior or shall not be remove without case.

PROVINCIAL/CITY OFFICE ➡️ It undertakes the investigation of petitioners for probation referred by

the courts for PSIRs; supervise probationers/parolees/pardonees and perform such other duties as may
be assigned by the administrator.
Chief PPO Assisted by:
➡️Senior Probation and Parole Officer (Sr.PPO)
➡️Probation and Parole Officer II (PPO II)
➡️Parole and Probation Officer I (PPO I)
➡️Clerk II

REGIONAL OFFICES ➡️ Regional Probation and Parole Offices (Director II/Regional Director) ➡️ It
exercise supervision and control over all provincial/city Parole and Probation Offices within the
jurisdiction and performs such duties as may be assigned by the Administrator.
➡️One Deputy (Director I/Assistant Regional Director)
➡️15 Regional Office

THE ORGANIZATION STRUCTURE OF PROBATION ADMINISTRATION

The Probation Administration was created by virtue of Presidential Decree No. 968, "The
Probation Law of 1976", to administer the probation system. Under Executive Order No. 292, "The
Administrative Code of 1987" which was promulgated on November 23, 1989, the Probation
Administration was renamed "Parole and Probation Administration" and given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on parole
pardon with parole conditions.

Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.

Probation Administration (EO No. 292 Paroles and Probation Administration) Line Bureau under
the Department of Justice.

OTHER IMPORTANT TERMS

ABSCONDING PETITIONER
- A probationer who has not reported for initial supervision within the prescribed period
and/or whose whereabouts could not be found, located or determined despite best diligent efforts
within reasonable period of time shall be declared by the proper office as an absconding
probationer.

ABSCONDING APPLICANT
Applicant whose application for probation has been given due course by the proper court has
failed to present himself/herself to the proper office within 72 hours from his/her receipt of the
probation order or within reasonable time therefrom, said office shall first exert best diligent
efforts to inquire on, search, find and locate his/her whereabouts before it shall report such fact
with appropriate recommendation to the proper court, considering the surrounding circumstances of
place, date and time, his/her health condition and other related factor

DAY 9

SITUATIONAL CASES

1. WHAT HAPPEN TO A PROBATIONER IF CONDITIONS OF PROBATION ARE VIOLATED?

The court may modify conditions of probation or revoke the same. If the violation is serious,
the court may order the probationer to serve his prison sentence. The probationer may also be
arrested and criminally prosecuted if the violation is a criminal offense.
 Any set or commission on the part of the probationer which is contrary to the terms and conditions
specified in the probation order.

📌a. The probation officer investigates the alleged violation and it is ESTABLISHED, a REPORT
is SUBMITTED to the COURT. There can be MODIFICATION of condition of probation by the court,
depending on the nature and seriousness of the violation;

📌b. There is also the possibility of arrest including criminal, prosecution of the
probationer in the vent of commission of another offense. The REVOCATION proceeding is summary.

📎After considering the nature and seriousness of violation court may order ARREST of
probation.

📎If the court finds the probationer guilty of serious violation of the conditions of
probation he may be ordered to serve the original sentence imposed on him.

IF VIOLATION ESTABLISHED - court may revoke or continue with modified conditions.

IF REVOKED - probationer shall serve the sentence originally imposed.

2. DEFENDANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should,
indeed, be allowed to turn down the same grant especially since he might feel that the terms and
conditions thereof are too onerous (burdensome) for him.

3. CAN THE OFFENDER BE RELEASED WHILE HIS APPLICATION FOR PROBATION IS PENDING?
📍Yes, at the discretion of the court. Pending submission of the PSIR and the resolution of the
petition for probation, the defendant may be ALLOWED temporary liberty or released by virtue of
📌BAIL.
a. On the same bond he filed during the trial in the criminal case,
b. On a new bond or
To the custody of a responsible member of the community if unable to file a bond - In case NO
BAIL was filed or that defendant I incapable of filing one, court may allow the release of defendant
on RECOGNIZANCE to the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court (Section 21, Rule 114 - Rules on Criminal Procedure).

4.IS THE PETITIONER HAD RIGHT TO COUNSEL DURING THE POST SENTENCE INVESTIGATION AND COVERED BY
REPUBLIC ACT NO. 7438?
📌During the post sentence investigation petitioner had no right to counsel. The probation law
has no provision guaranteeing the right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply because the investigation by the
probation officer I neither prosecutory nor accusatory in character.
📌Further petitioner as well is not covered by Republic Act No. 7438 providing right of the
accused during custodial investigation.

5. WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

📍WHERE: A petition for probation shall be filed by the applicant for probation or the
petitioner with the courts that tried and sentenced the offender at any time before the imprisonment
starts.
📍WHEN: Any time before the offender starts serving his sentence but within period for
perfecting an appeal or fifteen (15) days from the promulgation or notice of the judgment of
conviction.

DAY 10
THERAPHEUTIC MODALITIES

WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps people get help while helping others. It
is a treatment environment: the interactions of its members are designed to be therapeutic within
the context of the norms that require for each to play the dual role of client-therapist. At a given
moment, one may be in a client role when receiving help or support from others because of a problem
behavior or when experiencing distress. At another time, the same person assumes a therapist role
when assisting or supporting another person in trouble.

HOW DOES TC LOOK LIKE?

The operation of the community itself is the task of the residents, working under staff
supervision. Work assignments, called “job functions” are arranged in a hierarchy, according to
seniority, individual progress and productivity. These include conducting all house services, such
as cooking, cleaning, kitchen service, minor repair, serving as apprentices and running all
departments, conducting meetings and peer encounter groups.

The TC operates in a similar fashion to a functional family with a hierarchical structure of

older and younger members. Each member has a defined role and responsibilities for sustaining the
proper functioning of the TC. There are sets of rules and community norms that members upon entry
commit to live by and uphold.

These tools serve more than just the purpose of curbing unproductive behavior. They are also
a means used for enforcing community sanctions on behavior that undermine the safety and integrity
of the community such as violations of the cardinal rules of TC: NO drugs, NO violence or threat of
violence, NO sexual acting out and NO stealing! Everything an officer does is meant to erase “street
behavior” and to lead the offender to be committed to “right living”.

When the office gives seminars and tutorials, arranges activities focused on the Higher
Power, conducts games, educational trips and other recreational activities, we touch on the TC
aspect of Intellectual and Spiritual Dimension. Aside from the role of a direct supervisor, the VPAs
may be the invited resource persons, donors/sponsors, facilitators, lecturers, etc. during these
seminars.

The skills training and livelihood activities fall within the purview of TC’s Vocational and
Survival Skills, so with Medical/Dental Clinics and Environmental Conservation activities. In this
aspect, the VPAs can facilitate job placement and can tap community resources for clients social and
physical needs.

Therapeutic Community is a tool that the Administration uses to prepare the client for reintegration
to the community as a reformed, rehabilitated, productive, drug-free and law-abiding person.

WHAT IS THE TC MISSION?

To promote human and social transformation among our clients and among ourselves.
WHAT IS THE TC VISION?
By the end of this decade, TC shall have become the corporate culture of the Parole and Probation
Administration permeating its plans, programs, and practices, and confirming its status as a model
component of the Philippine Correctional System.

WHAT ARE THE SALIENT FEATURES OF TC?

The primary “therapist” and teacher is the community itself, consisting of peers and staff, who, as
role models of successful personal change, serve as guides in the recovery process.
TC adheres to precepts of right living: Truth/honesty; Here and now; Personal responsibility for
destiny; Social responsibility (brother’s keeper); Moral Code; Inner person is “good” but behavior
can be “bad”; Change is the only certainty; Work ethics; Self-reliance; Psychological converges with
philosophical (e.g. guilt kills)
It believes that TC is a place where: One can change – unfold; the group can foster change;
individuals must take responsibility; structures must accommodate this; Act as if – go through the
motion.
There are 5 distinct categories of activity that help promote the change:
1. Relational/Behavior Management
2. Affective/Emotional/Psychological
3. Cognitive/Intellectual
4. Spiritual
5. Psychomotor/Vocational-Survival Skills

The criminal justice in the Philippines recognizes the significance of rehabilitation and
reintegration of convicted felons in the community. Evidently, Correction, being one of the pillars
of Philippine Criminal Justice System (PCJS)adopted various rehabilitation programs such as the
following:
(a) Moral and Spiritual Program;
(b) Education and Training Program;
(c) Work and Livelihood Program;
(d) Sports and Recreation Program;
(e) Health and Welfare Program; and
(f) Behavior Modification Program, to include Therapeutic Community (TC)

What are the four therapeutic modalities used by the BJMP?

As a treatment model, it includes four (4) categories, namely, behavior management,

intellectual and spiritual aspects, emotional and psychological aspects, and vocational/survival
aspects. TC utilizes the "community" as the vehicle to foster behavioral and attitudinal change.

Why is therapeutic community modality program of BJMP important?

As set by the BJMP, the Therapeutic Community is a self-help social learning treatment model
used to client with problems of drug abuse and other behavioral problems such as alcoholism,
stealing and other anti-social tendencies as well as working with special group of individuals like
those in jails.

What is therapeutic community and how does it help inmates reform themselves?

Therapeutic Community is a tool that the Administration uses to prepare the client for
reintegration to the community as a reformed, rehabilitated, productive, drug-free and law-abiding
person.
Therapeutic Communities in Corrections

The therapeutic community (or 'ITC") is a total treatment environment that can be isolated
from the rest of the prison population -- separated from the drugs, the violence, and the norms and
values that rebuff attempts at rehabilitation.

Like therapeutic communities in free society, the primary clinical staff of the TC are
typically former substance abusers -- "recovering addicts"-- who themselves were rehabilitated in
therapeutic communities. The treatment perspective of the prison TC is also the same, that drug
abuse is a disorder of the whole person -- that the problem is the person and not the drug, that
addiction is a symptom and not the essence of the disorder. In the prison TC's view of recovery, the
primary goal is to change the negative patterns of behavior, thinking, and feeling that predispose
drug use. As such, the overall goal is aresponsible drug-free lifestyle (De Leon and Ziegenfuss
1986; Yablonsky 1989).

The Staging of Corrections-Based TC Treatment

1. The primary stage should consist of a prison-based therapeutic community designed to

facilitate personal growth through the modification of deviant lifestyles and behavior
patterns. Segregated from the rest of the penitentiary, recovery from drug abuse and the
development of pro-social values in the prison TC would involve essentially the same
mechanisms seen in community-based TCs.
2. This secondary stage is a "transitional TC" -the therapeutic community work release center.
Graduates of prison-based TCs are at a special disadvantage in a traditional work release
center since they must live and interact in what is typically an anti-social, nonproductive
setting. Without clinical management and proper supervision, their recovery can be severely
threatened. Thus, secondary TC treatment is warranted.

3. In the tertiary stage, clients will have completed work release and will be living in the
free community under the supervision of parole or some other surveillance program. Treatment
intervention in this stage should involve out-patient counseling and group therapy.