HOLY ANGEL COLLEGE OF CRIMINAL

UNIVERSITY JUSTICE EDUCATION &

FORENSICS

WEEK 1
COMPONENTS OF CORRECTIONAL ADMINISTRATION

CORRECTIONS: Pillar for Reformation

This pillar stands as the fourth pillar of the components of our criminal justice system where
some people viewed it as the weakest pillar among the pillars of criminal justice. This is due to
an assumption that correctional institutions cannot rehabilitate offenders, which is manifested
through the increase of criminalities and recidivism.
Corrections is the fourth pillar which takes over criminal treatment once the accused, after
having been found guilty, is meted out the penalty for the crime he committed. He can apply for
probation or he could be turned over to a non-institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence.

CORRECTION
- is one of the pillar of Criminal Justice System that is concerned with the custody
supervision and rehabilitation of criminal offenders.
PENAL MANAGEMENT
- The manner or practice of managing or controlling places of confinement as in jail or
prisons.
CORRECTION ADMINISTRATION
- Study and practice of a systematic management of jails or prisons and other penal
institution.

CORRECTION AS a PROCESS
- The reorientation of criminal offenders to prevent him or her from repeating his
delinquent action without the necessity of taking punitive action.
PENOLOGY- derived from the Latin word ‘poena” which means pain or suffering and ‘logy’
which means study. -it is the study of pain or suffering.

- Also known as penal science. It deals with prison management and treatment of
offenders.
PUNISHMENT- a redress that the state take s against an offending member of the society
usually involves pain or suffering.
PENALTY- Suffering inflicted by the state against an offending member for the transgression of
law.
 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS

Three aims of Correction Reforms

1. To provide judges with more options to deal with offenders through the use of probation,
day fines, commitment to community treatment centers, pre-trial release, and other
measure short of imprisonment.
2. To improve conditions in prison and jails, including decongestion, improved housing,
more effective medical, educational, vocational training, rehabilitation services
3. Establishing an integrated correctional system that will insure the development of a
unified philosophy of treatment, implementation of uniform standards and policies,
efficient delivery of services to offenders while at the same time protecting the interests
and welfare of society.
4.
Contemporary forms of Punishment

1. Imprisonment
2. Parole
3. Probation
4. Fine
5. Destierro

WEEK 2
Introduction to Community Based Treatment Program

COMMUNITY BASED CORRECTION OR NON-INSTITUTIONAL CORRECTION

- Take charge of correcting offender through community based - program such as

probation, suspended sentence for first time minor offenders, Parole and Conditional
Pardon.

Community-Based Treatment Programs

- The Community-Based Treatment Programs are those programs that are intended to treat
criminal offenders with in the free community as alternatives to confinement. It includes
all correctional activities directly addressed to the offender and aimed at helping him to
become a law-abiding citizen.’

Basic Principles Underlying the Philosophy of Community-Based TPs

 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS

1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to

custodial coercion is to place him in physical jeopardy, thus drastically narrowing his
access to sources of personal satisfaction and reducing his self-esteem.
2. Restorative Aspect- There are measures expected to be achieved by the offender,
such as an establishment of a position in the community in which he does not violate
the laws. These measures may be directed at changing and controlling the offender.
The failure of the offender to achieve these can result to recidivism.
3. Managerial Aspect- Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community program.
It is easier to manage those undergoing community based treatment programs than
that of custodial control.

PURPOSES OF NON-INSTITUTIONAL CORRECTION

1. Decongest the prisons
2. Lessen government expenses
3. Increase tax collection
4. The offender’s family need not suffer
5. Crime becomes less hard to control.
6. Rehabilitation will be more effective

FORMS OF COMMUNITY BASED CORRECTION

1. PROBATION
2. PAROLE
3. PARDON
4. AMNESTY
5. REPREIVE
6. COMMUTATION OF SENTENCE

GOVERNMENT AGENCY FOR COMMUNITY BASED CORRECTION

 Parole and Probation Administration (PPA) ED 292
- Headed by Administrator
- Handles the Investigation petitioners for Probation & Supervision of Parolees, and
Conditional Pardonees. Probationer,
- Hon. Teodulo Natividad was first Administrator

 DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

 HEADED BY SECRETARY
 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS
 RENDERS SERVICE FOR CICL

BOARDS OF PARDON AND PAROLE

 Headed by Chairman (Secretary of justice)
 is responsible for grant of Parole and recommending Executive Clemency to the
President ( E.O 83, series of 1937)

- COMPOSITION OF MEMBERS OF THE BPP

1) Ex-Officio Chairman (Secretary of DOJ)
2) Ex-member Administrator (Head PPA)
3) Sociologist
4) Educator
5) Clergyman or Priest N
6) Penologist or Trained in Correction
7) Lawyer
"One must be a Women" "Appointed by the President and shall serve a tenure of 6 years
without reappointment"

WEEK 3
PROBATION

ADULT PROBATION
 It 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

ETYMOLOGY OF PROBATION
LATIN WORD
A. Probare- To Test or To Prove (John Augustus)
B. Probatio- Testing Period (Frederick Rainier)

PURPOSE OF PROBATION
 Promote the correction and rehabilitation of an offender by providing him with
individualized treatment.
 Provide an opportunity for the reformation of a penitent offender
 Prevent omission of offense,
 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

 JOHN AUGUSTUS - “Father of Probation” in the US

- Shoemaker or Boots maker
- Common Drunkard - the first probationer and bail out
- He started of 18 year career as volunteer probation officer
- First apply the term probation.
- 1,946 men and women bailed by John Augustus and only ten (10) of them forfeited
their bond.

 MATTHEW DAVENPORT HILL - is considered as the “Father of Probation” in

England
- Reforms in the treatment of criminals were enacted into law in England.
- He believed that crime could be prevented by reformation in prison, ending in the
convict's release on a showing of good behavior throughout his prison term, and by life
imprisonment of incorrigibles, without the possibility of parole.
-
 TEODULO S. NATIVIDAD - Father of Philippine Probation
- Drafted the PD 968
- NAPOLCOM Commissioner
- Congressman, Bulacan.
- Father of Probation in the Philippines
- First Filipino Vice President of the Congress, Geneva Switzerland United Nations
- Father of Criminology in the Philippines

 EDWARD H. SAVAGE – FIRST PROBATION OFFICER

HISTORY OF PROBATION IN THE PHILIPPINES

1. ACT NO. 4221

- The first probation law of the Philippines
- This act became effective on august 7, 1935
- The supreme court declared this act unconstitutional on november 16, 1937
- THE REASON WHY ACT 4221 OR THE FIRST PROBATION LAW BECAME
UNCONSTITUTIONAL AND LATER REPEALED
* People vs. Vera (37 O.G. 164)

The constitutionality of act 4221 was challenged because of the following grounds:
 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS
1. The said act encroaches upon the pardoning power of the
executive
2. That it constitute an undue delegation of legislative power
3. It denies the equal protection of the laws

2. HOUSE BILL 393 – TEODULO C NATIVIDAD AND RAMON BAGATSING

- PENDING BECAUSE OF MARTIAL LAW

3. PRESIDENTIAL DECREE 968 – PROBATION LAW OF 1976 OR ADULT

PROBATION LAW
A. LAW PROVIDES FOR THE ESTABLISHMENT OF ADULT PROBATION
IN THE PHILIPPINES
- On July 24,1976, Presidential Decree No.968, also known as Adult Probation law of
1976, was signed into Law by President Ferdinand E. Marcos.
- It took effect on January 3, 1978. It was later amended by P.D.No.1257 on December
1,1977 and later on by P.D.No.1990 on October 5,1985. P.D.No. 968, amended, provides
for the rules and regulations on probation, which are currently enforced.
- The Probation Administration which replaced the Old Probation Office as mandated by
the law later
- The Probation administration was replaced by The Probation and Parole
Administration thru the Executive Order 292, also known as the "The
Administrative Code of 1987" signed President Corazon C. Aquino.
B. AMENDATORY LAWS FOR P.D. 968

 PRESIDENTIAL DECREE No. 1257

- Probation may be granted after conviction but before service of sentence
- Prosecutor’s comment – 10 days
- Court Grant or Deny – 15 days
 PROBATION IS A WAIVER FOR APPEAL
 BATAS PAMBANSA BILANG 76
- Any person sentenced to maximum penalty of six year and one day on January 3, 1978
and thereafter may be placed on probation
- 6 yrs. and 1 day
 PRESIDENTIAL DECREE NO. 1990
- APPEAL IS A WAIVER FOR PROBATION
- 6 yrs.
 EXECUTIVE ORDER 292
- The Probation administration was replaced by The Probation and Parole Administration
thru the Executive Order 292, also known as the "The Administrative Code of 1987"
signed President Corazon C. Aquino.
 HOLY ANGEL COLLEGE OF CRIMINAL
UNIVERSITY JUSTICE EDUCATION &
FORENSICS

 BPP RESOLUTION 229

- PPA – PROBATIONER, PAROLEE AND PARDONEE
- POST SENTENCE INVESTIGATION , PRE PAROLE INVESTIGATION, PRE
EXECUTIVE CLEMENCY INVESTIGATION – 60 DAYS

 BPP RESOLUTION 24-4-10

- PSI 60 DAYS AND 60 DAYS EXTENDABLE

- PPI DAYS , NO EXTENSION
- PECI 30 DAYS,NO EXTENSION

 REPUBLIC ACT 10707 - AN ACT AMENDING PRESIDENTIAL DECREE NO.

968, OTHERWISE KNOWN AS THE “PROBATION LAW OF 1976”
 SUPREME COURT ADMINISTRATIVE MATTER NO. 18-03-16-SC

TERMINOLOGIES OF PROBATION

 Probationer- a person place on probation.

 Probation Officers- one who investigates for the court? \
 Petitioner - a convicted defendant who files a formal application for probation.
 Absconding Probationer a person whose probation was granted but failed to report for
supervision within the period ordered by the court or his location is unknown.
 Absconding Petitioner - a convicted defendant whose application for probation has been
given due course by the court but fails to report to the probation office or his location is
unknown and cannot located w/ reasonable time.
 WAIVER-CUM AUTHORIZATION – It is authorization letter signed by probationer
or petitioner and given to probation officer. Confidential files
 Post Sentence investigation – it is kind of investigation to determine the qualification
or basis for granting of probation.
 Post Sentence investigation report – it is basis for granting of probation.
 Probation Order – the probation is being granted
 Probation Supervision – Monitoring of client