13th Century - Securing Sanctuary In the 13th century, a criminal could avoid punishment by

claiming refuge in a church for a period of 40 days.

1576 - England ordered that each county should construct an institution for the confinement of
offender, which is popularly known as the "English House of Correction or Bridewell-style house of
corrections and Workhouses.
16th Century - Transportation of criminals in England was authorized. At the end of this century,
Russia and other European Countries followed this system. This practice was abandoned in 1835.
18th century - Known as the "Age of Enlightenment" additional jails were constructed due to the
decreasing opportunities for transportation of criminals to other countries and the elimination of the
need of galley slaves
Gaols (jails) - the description given to pre-trial detention facilities operated by English sheriff in
England during the 18th century.
Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A
type of ship used for transportation of criminals in the 16th century.
Hulks (Floating Hell) - these are former warships used to house prisoners in the 18 th and 19th
century. The hulks were originally intended only as a temporary solution to a problem, but they were
not completely abandoned until 1858, eighty years later.

Ordeal - is the church's substitute for a trial until the 13th century wherein guilt or innocence was
determined by the ability of the accused of being unhurt through dangerous and painful test.

EARLY CODES
Babylonian and Sumerian Codes
• Code of King Hammurabi (Hammurabic Code) Babylon, credited as the oldest code prescribing
savage punishment around 1759 BC. But in fact, Sumerian codes were nearly 100 years older. The
main concept of Hammurabic code is "lex talliones" which means "an eye for an eye; a tooth for a
tooth".

King Ur-Nammu's Code

• Decrees the imposition of restitution and fines of execution, mutilation or other savage penalties.

• Analysis of King Ur-Nammu's also carries a concept of restorative justice that re- establish the lost
relationship between the involved parties in crime that existed before the commission of crimes.

Roman and Greek Codes

• Justinian Code, 529 AD. Emperor Justinian of Rome wrote his code of law. This code was a
revision of the 12 tables of Roman. However, the law did not survive due to the fall of the Roman
Empire but left a foundation of Western Legal codes.
• The Twelve Tables - represented the earliest codification of Roman law incorporated into the
Justinian code.
• Greek Code of Draco - Greece, a harsh code that provides the same punishment for both citizens
and the slaves as it incorporates primitive concepts. The Greeks were the first to allow any citizen to
prosecute the offender in thename of the injured party
• The Burgundian Code (500 AD) - This code introduced the concept of restitution. This code
specified punishment according to the social class of offenders, dividing them into: Nobles, Middle
class and Lower class and specifying the value of the life of each person according to social status.

• 509 B.C - A law was passed prohibiting flogging or execution unless affirmed by the Curiate
Assembly.
• Curiate Assembly - was the principal legislative assembly during the era of the Roman Kingdom.
While its primary purpose was to elect new kings, it also possessed rudimentary legislative powers

CONCEPT OF PUNISHMENT
What is Punishment?
The general concept is that it is the infliction of some sort of pain on the offender for violating the
law. In the legal sense, it is more individual redress or personal revenge. Punishment therefore is
defined as the redress that the state takes against an offending member.

Contemporary Forms of Punishment

• Imprisonment - Placing offenders in prison for the purpose of protecting the public and at the same
time rehabilitating them by requiring the latter to undergo institutional treatment program.

• Parole - Parole is defined as a procedure by which prisoners are selected for release on the basis
of individual response and progress within the correctional institution and by which they are
provided with necessary controls and guidance as they serve the remainder of their sentences
within the free community.

• Probation - It is a procedure under which a defendant after found guilty of a crime is released by
the court without imprisonment subject to the conditions imposed by the court and subject to the
supervision of a probation officer (P.D. 9es amended by R.A. 10707),

Justification for Punishment

 Retribution - "retribution generally means "getting even" with the perpetuator. It refers to the
theory of punishment that says an offender should be punished for the crimes committed because
he or she deserves it.
 Deterrence - it is a justification for punishment based on the belief of the prevention or
discouragement of crime through fear or danger

 Specific Deterrence - is directed toward the individual offender. The rationale is that by making
the punishment sufficiently unpleasant, the offender would be discouraged from committing
violations in the future.

 General Deterrence - is designed to use the offenders to "set an example" for those who might
otherwise consider engaging in similar criminal acts.

 Expiation or Atonement - this was in the form of group vengeance, as distinguished from
retribution, where punishment is exacted publicly for the purpose of appeasing the social group.

 Reformation - Society's interest can be best served by helping the prisoner become a law-abiding
citizen and productive upon his return to the free community by requiring him to undergo intensive
rehabilitation in prison.

 Protection - is rehabilitation of criminals and protection of the public go hand in hand. If

reformation is achieved, then the public protected.

Early Concept of Punishment

King Henry VIII - Decreed corporal punishment for vagrants in 1531 and penal slavery in 1547 to
defend the interest of the still dominant landlord.
Bridewell system/Institution - England established in 1556 as workhouse for vagabonds, idlers, and
rogues. It was a reform over the traditional unworkable system of punishment.
Saint Bridget's Well - England's first house of correction
Penitentiary Act Of 1779 - This act was passed that mandates the establishment of a prison system
based on solitary confinement, hard labor, and religious instruction
Walnut Street Jail - originally constructed as a detention jail in Philadelphia It was converted into a
state prison and became the first American Penitentiary.

Hospicio de San Michelle - the first home for delinquent boys ever established. Built by Pope
Clement XI in Rome for housing incorrigible youths under 20 years of age.

The Pioneers for the Age of Enlightenment

William Penn (1614-1716) - He is the first leader to prescribe imprisonment as correctional
treatment for major offenders. He is also responsible for the abolition of death penalty and torture as
a form of punishment. He fought for religious freedom and individual rights.

Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de

Montesiquieu - 1689-1755) - A French historian and philosopher who analyzed law as an

expression of justice. He believed that harsh punishment would weaken morality and that appealing
to moral sentiments as a better means of preventing crime.

Voltaire (Francois Marie Arouet, 1694-1778) - He believes that fear of shame was a deterrent to
crime. He fought the legality-sanctioned practice of torture.

John Howard (1726-1790) - the "Great Prison Reformer" The sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform. After his findings on English Prisons, he recommended
the following:
 single cells for sleeping;
 segregation of women;
 segregation of youth;
 provision of sanitation facilities; and
 abolition of the fee system by which jailers obtained money from prisoner.

Sir Robert Peel - In 1821, Peel was appointed as home secretary and immediately set about
reforming the criminal code and applying Howard's principles to local prisons.
Cesare Beccaria (Cesare Bonesa, Marchese de Beccaria, 1738 1794) - He wrote an essay entitled
" An Essay on Crimes and Punishment". This book became famous as the theoretical basis for the
great reforms in the field of criminal law. This book also provided a starting point for the classical
school of criminal law and criminology
Jeremy Bentham - (1748-1832) - The greatest leader in the reform of English Criminal Law. He
believes that whatever punishment designed to negate whatever pleasure or gain the criminal
derives from crime, the crime rate would go down. He devises the ultimate Panopticon Prison a
prison that consists of a large circular building containing multi cells around the periphery but it was
never built.

Alexander Macanochie - He is the Superintendent of the penal colony at Norfolk Island in Australia
(1840) who introduced the Mark System. A progressive humane system in which a prisoner is
required to earn a number of marks based on proper department, labor and study in order to entitle
him for ticket for leave or conditional release which is similar to parole.
Macanochie's Mark System consists of 5 stages:
 Strict custody upon admission to the penal colony
 Work on government gangs
 Limited freedom on the island within a prescribed area
 Ticket of leave
 Full restoration of liberty

Manuel Montesinos - the Director of Prisons in Valencia Spain (1835) who divided the number of
prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed
good behavior to prepare the convict for gradual release.

Domets of France - established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.

Sir Evelyn Ruggles Brise - the Director of the English Prison whe opened the Borstal institution for
young offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.

Walter Crofton - he is the director of the Irish Prison in 1854 who introduced the Irish system that
was modifies from the Macanochie's mark system (progressive stage system or Irish system).

Zebulon Brockway - the Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following training school type, compulsory education of
prisoners, casework methods, extensive use of parole, indeterminate sentence.
The Elmira Reformatory, 1877 - considered as the forerunner of modern penology because it had all
the elements of a modern system such as:
Training school type
Compulsory education of prisoners
Casework methods
Indeterminate sentence

Jean Jacques Philippe Villai - founded the Maison de Force in Gent, Belgium. He
introduced:
felons and misdemeanants should be separated; and
women and children must have separate quarters
Fred T. Wilkinson - the last warden of Alcatraz Prison.

James Bennet - director of Federal Bureau wrote about the closing of Alcatraz Prison. It opened in
1934 closed on March 31, 1963 but it was costly on operation Prisons who When it closed, it has
260 inmates. Alcatraz now, a tourist destination in New York.

Australia - the place which was a penal colony before it became a country. Convicted criminals in
England were transported to Australia, a colony of Great Britain when transportation was adopted in
1790 to 1875.

Classification Movement - The movement for modern correctional reforms started with the
reorganization of the Federal Prison System in 1930, placing the penal institution of the United
States under the centralized jurisdiction of the Federal Bureau of Prisons. This movement recruited
professionally trained staffs and accentuated the rehabilitation programs.
California Prison, 1944 - after the second world war, the California Prison system was reorganized
which included the establishment of Reception and Diagnostic Center as a new type of facility for
the study of the prisoners and the preparation of his treatment and training program in prison.

Two Rival Prison System in the History of Corrections:

The Auburn Prison System - also known as the "Congregate System". The prisoners are confined in
their own cells during the night and congregate work in shops during the day. Complete silence was
enforced.
The Pennsylvania Prison System - also known as the "Solitary System". Prisoners are confined in
single cells day and night where they lived, slept, ate and receive religious instructions. Complete
silence was also required. Prisoners are required to read the bible.

THE GOLDEN ERA OF PENOLOGY

Penology - as a branch of Criminology, which deals with the management, and administration of
offenders.
The word penology was coined by Dr. Francis Leiber. It simply means the treatment of criminals.
THE GOLDEN AGE OF PENOLOGY - The period from 1870 to 1880 was considered the golden
age of Penology because of the following significant events:
 The National Prisons Association in 1870 was organized in Cincinnati
 The first International Prison Congress was held in 1872 at London which established the
International Penal and Penitentiary Commission and in 1875, its Headquarters was established at
Hague, the Netherlands
 The Elmira Reformatory was established in New York in 1876
 The first separate institution for women was established in Indiana and Massachusetts.
Corrections - is that branch of the administration of the criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of the convicted offender.
Correction is the fourth pillar of the CJS. Considered as the weakest pillar of the Criminal Justice
System

Two forms of Corrections

1) Institutionalized Correction - The rehabilitation of offenders in jail or prison.
2) Community - Based or Non-Institutionalized Corrections - refers to correctional activities that may
take place within the community.
Rehabilitation - is a punishment philosophy, which asserts that through proper correctional
intervention, a criminal can be reformed into a law-abiding citizen.

Purposes of Punishment
To segregate offenders from society, and
To rehabilitate him so that upon his returns to the society he shall be responsible and law-abiding
citizen.

Two Legal Grounds for Detaining a Person

commission of a crime
violent insanity or any other ailment that needs compulsory confinement in a hospital.

The rules on the admission, custody and treatment of inmates:

seek to promote discipline and to secure the reformation and safe custody of inmates.
shall be applied impartially, without discrimination on grounds of race, color, sex, language, religion
or other opinion, national or social origin, property, birth or other status.
Shall be enforced with firmness but tempered with understanding

Pre-release Treatment
It is the program specifically designed and given to a prisoner, during a limited period, prior to his
release, in order to give him an opportunity to adjust himself from the regimented group like in
prison to the normal, independent life of a free individual.

Custody - Defined as the guarding of penal safekeeping. It involves security measures, locking and
counting routines, produces for searching prisoners and their living quarters, and prevention of
contraband.
Control - It involves supervision of prisoners to insure punctual and orderly movement to and from
the dormitories, places of work, church, hospitals, and recreational facilities in accordance with the
daily schedule.
Contraband - anything that is contrary to prison rules and regulations.
Prison Discipline - it is the continuing state of good order and behavior in prison. It includes the
maintenance of good standards of work, sanitation, safety, education, personal health and
recreation.

Prevention Discipline - Involves prompt correction of minor deviations before they become serious
violations, which may be dealt with a reprimand or warning and is used when the deviation is:
 Trivial
 due to ignorance or lack of understanding, or
 the result of careless or faulty habits.

DIVERSIFICATION - Is an administrative device of correctional institutions of providing varied and

flexible types of physical plants for the effective central control of the treatment programs of its
diversified population.
Diversification may be done either:
 By building special institution for different classes of prisoners which is more desirable since it
provides proper segregation of groups and more effective
execution of the treatment program, or;
 Providing separate facilities within a single institution itself, that is, big institution may be broken
into smaller units.
Factors Considered in Diversification
(a) Age
(b) SEX/Gender
(c) Medical or Mental Conditions
(d) Degree of Custody- the most common used factor in diversification

ADMISSION AND CONFINEMENT OF INMATES

Reception and Diagnostic Center (RDC) - This is a special unit of prison where new prisoners
undergo diagnostic examination, shady and observation for determining the program of treatment
and training best suited to their needs and the institution to which they should be transferred.
Quarantine Unit or Cell - Upon admission in the Reception and Diagnostic Center, aninmate shall
be placed in quarantine for at least five (5) days during which he shall be:
Given a physical examination to determine any physical illness or handicap or mental ailment and to
segregate those suspected of having an infectious or contagious disease. found sick, the inmate
shall be immediately confined in the prison hospital;Oriented with prison rules; and Interviewed by a
counselor, social worker or other program staff officers. The interview shall be conducted private.
Assignment of Inmates
After the quarantine period, the inmate shall remain in the Reception and Diagnostic Center for a
period not exceeding fifty-five (55) days where he shall undergo psychiatric, psychological,
sociological, vocational, educational and religious and other examinations.
The results of said examinations shall be the basis for the inmate's individualized treatment
program. Thereafter, he shall be assigned to a prison facility as may be recommended by the Chief
of the Reception and Diagnostic Center.

RDC'S STAFF
 Psychiatrists
 Psychologists Sociologists
 Educational Counselor Vocational Counselor
 Chaplain
 Medical Officer

Admission Procedures in Prison

 Receiving;
 Checking commitment papers;
 Establishing identity of the prisoner;
 Searching the prisoner;
 Assignment to quarters

Admission of Inmates
An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon presentation
of the following documents:
 Mittimus/Commitment Order of the court;
 Information and Court Decision in the case;
 Certification of detention, if any, and Certification that the case of the inmate is not on appeal.
Note: A female inmate shall be received only at the Correctional Institution for Women (CIW).
Form of Mittimus/Commitment Order
The mittimus/commitment order shall be under the signature of the judge and shall bear the seal of
the court attested by the clerk of court thereof.

Admission Process
After registration, the inmate shall be photographed, front and side view, fingerprinted and assigned
a permanent prison number.
The male inmate shall then be given a regulation haircut and his beard/mustache, if any, shall be
shaven off.

THE CLASSIFICATION PROCESS

Classification Board
Every prison shall have a Classification Board that shall classify inmates in accordance with this
Chapter. The Board shall be composed of the following:
Chairman Superintendent
Vice-chairman Chief, Reception and Diagnostic Center Members Medical Officer

Chief, Education Section

Chief, Agro-Industries Section

Secretary Chief Overseer

Classification - The assigning or grouping of inmates according to their sentence,

gender, age, nationality, health, criminal records, dangerousness, etc.

Four Separate but Coordinated Procedures of Classification

Diagnosis - the prisoners' case history is taken and his personality studied. Through examination
and observations, the RDC's staff determines the nature and extent of the person's criminality and
the extent to which he may be rehabilitated.
Treatment Planning - this is the formulation of a tentative treatment program best suited to the
needs and interest of an individual prisoner, based on the findings of the RDC's staff.
Execution of Treatment Program - this is in the application of the treatment program and policies by
the classification committee.
Re-Classification - the treatment program is kept current with the inmates changing needs and with
new analysis, based on any information not available at the time of the initial classification
committee meeting of the inmate's case, which continues from the time of the first classification until
the inmates is released.

Purposes of Classification
 To separate prisoners whom by reason of their criminal record or bad character are likely to
exercise a bad influence on other prisoners.
 To separate prisoners who by the gravity of their offenses have been sentenced to longer period
of imprisonment and therefore require more secured prison facilities.
 To divide the prisoners into classes in order to facilitate their rehabilitative treatment.
The reception and diagnostic center is a prison facility within a correctional institution. It receives all
newly committed prisoners and it is the entry point of all incoming prisoners who will be subjected to
classification and distribution to the different operating institutions.

RECEPTION AND DIAGNOSTIC CENTER PROFESSIONAL STAFF

Psychiatrist - He analyzes and makes a report on the prisoner's personality and emotional make up,
he also identifies offenders who needs psychiatric attention and treatment.
Psychologist - Psychology is concerned with measuring and evaluating an individual's intellectual
capability and his or her ability to cope and adjust in society. With the advent of the first
classification program in New Jersey in 1918, the psychologist became a dominant force in the
classification process
Sociologist - Sociologist have been latecomers into correctional treatment programs. They are
especially helpful in identifying and developing the roles and structures of the prison subcultures
and the administrative personnel.
Social Worker - Social work became particularly important in the spectrum of corrections when it
began to emphasize rehabilitation. The casework is essential in the pre-sentence investigation
phase, and many probation officers and parole officers received their training in social work on
inside the walls.
Educational Counselor - Conduct orientation classes in general education in order tochange the
inmate's attitudes towards education. He recommends on the educational program of the prisoner.
Vocational Counselor - Tests the prisoner in order to determine his general and special ability
interests and skills. He recommends for the type of vocational training of the prisoner.
Medical Officer - Conducts a complete physical examination on the inmates, and correlates the
prisoner's previous health history with the present findings, and recommends for the medical
treatment of the prisoner.
Chaplain - Encourages the prisoner to participate in religious worship. He ensures that the spiritual
life of the inmates is exercised properly according to one's conscience.
Custodial Officer - The chief of the custodial force observes the prisoner's behavior
and interaction to various situations and recommends on transfer and type of custody of the inmate.

PHILIPPINE PRISON SYSTE

Prison - an institution for the imprisonment of persons convicted by final judgment and with a
penalty of more than 3 years.
PRISON (Phil. Setting) - refers to a penal establishment under the control of the
Bureau of Corrections and shall include the New Bilibid Prison, the Correctional Institution for
Women, the Leyte Regional Prison and the Davao, San Ramon, Sablayan and Iwahig Prison and
Penal Farms.
Competent Authority - shall refer to the Supreme Court, CA, RTC, MTC, MCTC,Sandiganbayan,
Military Courts, House of Representatives, Senate, Commission onElections, Bureau of Immigration
and the Board of Pardons and Parole.

Inmate - refers to a national prisoner or one sentenced by a Court to serve a maximum

imprisonment of more than (3) three years or to a fine of more than one thousand pesos
(P1,000.00);
Detainee - is a person who is confined in prison pending preliminary investigation, trial or appeal; or
upon legal process issued by competent authority.
Death Convict - refers to an inmate whose death penalty imposed by a Regional Trial Court is
affirmed by the Supreme Court en banc.
Carpeta - refers to the institutional record of an inmate which consists of his mittimus/commitment
order, the prosecutor's information and the decision of the trial court, including the appellate court, if
any.
Prison Record - refers to information concerning an inmate's personal circumstances, the offense
he committed, the sentence imposed, the criminal case numbers in the trial and appellate courts,
the date he commenced service of his sentence, the date he was received for confinement, the date
of expiration of his sentence, the number of previous convictions, if any, and his behavior or conduct
while in prison.
Bureau of Corrections - have the general supervision and control of national, provincial prisons and
all penal settlements and is charged with the safekeeping of all prisoners confined therein.
Bilibid Prison – built on 1847. It became the central confinement for all Filipino offenders by virtue of
the Royal Decree of the Spanish Crown. (May Haligui Estate)
1936 - city of Manila exchange its Muntinlupa property composed of 552 hectares piece of land with
the Bureau of Prisons lot in Manila, N.B. Bilibid Prison is now being used by the Manila City
Government as Manila City Jail
E.O.292 -otherwise known as Revised Administrative Code of 1987 - Sections 1705 - 1751,
Revised Administrative Code of 1987, the Prison Law in the Philippines. It was renamed the Bureau
of Prisons to Bureau of Corrections
New Bilibid Prison - located in Muntinlupa City.

Two Satellites
1) Camp Bukang Liwayway (Minimum Security Camp) - house minimum custody
prisoners who work in various projects of the institution.
2) Camp Sampaguita (Medium Security Camp) - house medium security prisoners where RDC is
located

Different Penal Colonies in the Philippines

 San Ramon Prison and Penal Farm - founded by Captain Ramon Blanco of the Spanish Royal
Army. It was established for the confinement of Filipino Political offenders. (Located in Zamboanga
del Sur). It has an area of 1,246 hectares. Itwas established on August 21, 1869. This penal farm is
designed to promote agro-industrial activities, and its principal products are corn, rice, copra, coffee
and livestock.
 Iwahig Penal Colony and Farm - founded by Governor Forbes who led the first contingent of
prisoners. It was used originally for the confinement of incorrigibles and intractable prisoners. In
1905, it was reconverted for the confinement of well behave and tractable prisoners.
(Reorganization Act 1407). It has a land total area of 36,000 hectares. Established on Nov. 16,
1904.
Four sub-colonies of the Iwahig Penal Colony and Farm
• Inagawan Sub-colony
• Montible Sub-colony
• Santa lucia Sub-colony
• Central Sub-colony

 Davao Penal Colony and farm (January 21, 1932) - founded by Gen. Paulino Santos. Created by
virtue of act 3732 and Proclamation 414 series of 1931. Mostly devoted to abaca and banana
plantation. In 1942, it was used as aconcentration camp for American Prisoners of War. The main
source of income of the Bureau of Corrections. It consists of 18,000 hectares Sablayan Penal
Colony and Farm - founded on Sept. 27, 1954 by virtue of Proclamation Number 72 dated
September 27,
 1954. It consists of 16,000 hectares in Sablayan, Occidental, Mindoro.
 Ilo-ilo Penal Colony and Farm (Ilo-ilo province)
 Leyte regional Prison (Abuyog, Leyte) - established on January 16, 1973 duringthe martial law
with the aim of regionalizing prisons in the country.
 Correctional Institution for Women (CIW) found in Mandaluyong City. It was established in 1931
by virtue of Act 3579 passed on November 27, 1929. It Consists of 18 hectares.
 Fort Santiago in Manila - The oldest prison in the Philippines.

Note: Only the New Bilibid Prison and CIW confine death convicts. All the prison and
penal farms have minimum, medium and maximum-security facilities.
Who is a Prisoner?
A prisoner is an offender who is convicted by final judgment by a court or is a person who is
committed by the court or competent authority to be confined in a jail or prison.
A prisoner is a person committed to jail or prison by a competent authority for any
of the following reasons:
1) To serve a sentence after conviction
2) Trial
3) Investigation
A detainee on the other hand is a person accused before a court or competent authority who is
temporarily confined in a jail or prison while undergoing or awaiting investigation, trial or final
judgment.

Classification of Prisoners
Sentenced Prisoners - those who are convicted by final judgment and under the jurisdiction of a
penal institution.
Detention Prisoners - those who were detained for the violation of law and have not yet convicted.
Those who are on safekeeping

Classification of sentenced prisoners

Insular/national prisoners - sentenced to more than 3 years or a fine of more than 1,000or both
City prisoners - sentenced to less than 3 years or a fine of less than 1,000 or both.
Provincial prisoners - 6 months and 1 day to 3 years or a fine not more than 1,000 or both.
Municipal prisoners - not more than 6 months

Classification of Prisoners as to Security Risks

An inmate shall be assigned to any of the following security groups:

 Maximum Security
This shall include highly dangerous or high security risk as determined by the classification board
who require a high degree of control and supervision.
Who are Maximum Security Prisoners?
 Those sentenced to death
 Those whose minimum imprisonment sentence is 20 years
 Remand inmates or detainees whose sentence is 20 years and above and those
whose sentence is under review by the SC
 Those with pending cases
 Recidivists, habitual delinquents and escapees V Those confined at the RDC
 Those under disciplinary punishment or safekeeping
 Those who are criminally insane or with server personality disorders or emotional disorders

 Medium Security
This shall include those who cannot be trusted in less secured areas and those whose conduct or
behavior require minimum supervision.
Who are Medium Security Prisoners?
 Those whose minimum sentence is less than 20 years imprisonment
 Remand inmates or detainees whose sentences are below 20 years Those who are 18 years of
age and below, regardless of the case and sentence
 Those who have 2 or more records of escapes. They are classified as medium security if they
have served 8 years since they were recommitted. Those with one record of escape must serve 5
years.
 First offenders sentenced to life imprisonment. They can be classified as medium security if they
have served 5 years in a maximum-security prison or less, upon the recommendation of the
superintendent.

 Minimum Security
This shall include those who can be reasonably trusted to serve their
sentences under less restricted conditions.
Who are Minimum Security Prisoners?
 Those with severe physical handicap as certified by the chief medical officer of the prison
 Those who are 65 years of age and above, without pending case and whose convictions are not
on appeal
 Those who have serve 1/2 of their minimum sentence or 1/3 of their maximum sentence,
excluding GCTA V Those who have 6 months more to serve before the expiration of their maximum
sentence.

Color of Uniforms of Inmates as to Security Classification

Maximum Security - tangerine/orange
Medium Security - blue
Minimum Security - brown
Detainee - gray
Diversification
Diversification is an administrative device of correctional institutions of providing varied and flexible
types of physical plants for the more effective control of the treatment programs of its diversified
population

Classification of inmates as to entitlement to privileges

Inmates shall be classified as follows to determine their entitlement to prison privileges:
 Third Class Inmate - one who has either been previously committed for three (3) or more times as
a sentenced inmate, except those imprisoned for non-payment of a fine and those who had been
reduced from a higher class;
 Second Class Inmate - a newly arrived inmate; an inmate demoted from first class; or one
promoted from the third class;
 First Class inmate - one whose known character and credit for work while in detention earned
assignment to this class upon commencement of sentence; or one who has been promoted from
the second class;
Colonist - the Director may, upon the recommendation of the Classification Board, classify an
inmate who has the following qualifications as a colonist:
• Be at least a first-class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following qualifications;
• Has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the
maximum term of his prison sentence, or seven (7) years in the case of a life sentence.

PUNISHMENT IMPOSED IN DISCIPLINARY CASES

 Solitary confinement - applicable in extreme case specially when there is danger

that the prisoner may hurt himself or others.
 Locking in his cell with loss of yard privileges
 Loss of privileges such as visiting, correspondence and other privileges
 Transfer to another institution
 Assignment to a disciplinary squad for manual labor
 Counsel and reprimand - imposed in trivial cases
 Loss of Good Conduct Time Allowance
Ground for Increasing Penalty
1/5 of the remaining sentence of the prisoner shall be added to his sentence if he fails to surrender
himself to the authority when he escape from prison under circumstances enumerated in Art. 158 of
the RPC. Provided, however, that the added sentence should not exceed 6 months.

Jails
Jails are institution for the confinement of persons who are awaiting final disposition of their criminal
cases and also for the service of those convicted and punished with shorter sentences, usually up
to three years

Categories of Inmates Confined in Jails

 Those awaiting/undergoing investigation
 Those who are awaiting/undergoing trial
 Those who are awaiting final judgment
 Those who are serving short sentences up to three years

Types of Jail
Lock-up jail - is a security facility for the temporary detention of person held for investigation or
awaiting preliminary hearing.
Ordinary jail - houses both offenders awaiting court action and those serving short sentences
usually up to 3 years.
Workhouse jail farm or camp - houses minimum custody offenders serving short sentences with
constructive work programs.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

It was created pursuant to Sec. 60, R.A. 6975. Headed by a Chief with the rank of Director to be
assisted by the Assistant Chief of the Jail Bureau. It has the mission todirect, supervise and control
the administration and operation of all district, city and municipal jails to effect a better system of jail
management nationwide.
The Jail Bureau shall direct, supervise and control the administration and operation of all district,
city and municipal jails to effect a better system of jail management nationwide.
The broad objectives of the Bureau are the following:
 To improve the living conditions of offender in accordance with the accepted
standards set by the United Nations.
 To enhance rehabilitation and reformation of offenders in preparation for eventual
reintegration into the mainstream of society upon their release.
 To professionalize the jail services.
Coverage of Supervision by the Jail Bureau
City jails
Municipal jails
District jails

Qualifications of Jail Officers assigned in Key positions in the Bureau

 Chief, BJMP
Shall have the rank of director in the jail bureau;
He must be a member of the Philippine Bar; or a holder of Master's Degree in National Security
Administration or any relevant Master's Degree;
He must have an adequate experience in positions of responsibility and leadership of at least one
year in each of the following fields:
(a) Operations
(b) Administration

 Deputy Chief
Shall have the rank of Chief Superintendent in the jail bureau;
A member of the Philippine Bar; or
A holder of relevant Master's Degree; or
A Baccalaureate Degree with at least 9 years’ experience in jail or police work;
He must have an adequate experience in positions of responsibility and
leadership of at least one year for each field in the following:
(a) Operations
(b) Administration
(c) ARD/Chief of Staff/Chief of Division, Central office

 Assistant Regional Director

Have the rank of Senior Superintendent
Must have undergone the Officer's Executive career Course or its equivalent
Must at least be a Bachelor's Degree holder in law, criminology, psychology, psychiatry, social work
or sociology
Must have previously assigned in supervisory position in jail bureau.
 Provincial Jail Administrator
Have the rank of superintendent
Must have undergone the Officer's Executive Career Course or its equivalent;
must be a bachelor's degree holder, preferably in law, criminology, psychology, psychiatry, social
work or sociology:
Have been previously assigned in supervisory position in the jail bureau

 District Jail Warden

Have the rank of Chief Inspector;
A bachelor's degree holder, preferably in law, criminology, psychology,
psychiatry, nursing, social work or sociology:
Must have undergone the Officer's Advance Course or its equivalent:
Has been assigned in supervisory position in police or jail service

 City and Municipal Jail Warden

Shall have the rank of Chief Inspector
Must be a bachelor's degree holder, preferably in law, criminology, psychology,
nursing social work or sociology
Has been assigned in supervisory position in the police or jail service

 Composition of Classification Board/Disciplinary Board in Jail:

Chairman - Assistant Warden
Members - Chief, security Officer Medical Officer/Public

Health Officer
- Jail Chaplain
- Social Worker/Rehabilitation Officer

PROVISION TO BE FOLLOWED IN ACCORDANCE WITH THE REVISED PENAL

CODE IN RELEASING PRISONER

No prisoner shall be made to serve more than three times of the most severe penalty or sentence
that is imposed upon him, but in no case shall he be made to serve more that forty (40) years (ART
70, RPC).
If the computed sentence of a prisoner based on the above is forty years, he shall serve the
sentence excluding good conduct time allowance credits that he may have earn. If given full good
conduct time allowance credits during his service of sentence because of good behavior, the
prisoner with computed forty (40) years of service of sentence shall actually serve more or less 28
years.
A prisoner sentenced to life imprisonment shall serve a sentence equivalent to thirty years excluding
good conduct time allowance that he may earn for good behavior.
No prisoner upon expiration of his prison sentence shall be released by the superintendent or head
of a prison without the approval of the Director
All prisoners convicted by the courts to serve sentences in national prisons shall be granted good
conduct time allowance for good behaviors including those cases are on appeal.

GOOD CONDUCT TIME ALLOWANCE

Good conduct time allowance is a program that allows for the reduction of the offender sentence
that is based on good behavior while inside the correctional institution. The good conduct or
behavior of any prisoner shall entitle him to the following deductions from the period of his
sentence:
 During the first two years of his imprisonment, he shall be allowed a deduction of five (5) days for
each month of good behavior.
 During the third to the fifth year, inclusive of his imprisonment, he shall be allowed a deduction of
eight (8) days for each month of good behavior.
 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
 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.

GRANT OF GOOD CONDUCT TIME ALLOWANCE

The Director of Correction shall grant allowances for good conduct and such grant once given
cannot be revoked.

The allowance for good conduct shall be granted equally and uniformity to prisoners with good
behavior and without adverse records of breaches of discipline.

GRANT OF SPECIAL TIME ALLOWANCE

A deduction of one fifth of the period of his sentence shall be granted to a prisoner who having
evaded the service of his sentence gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of a calamity of catastrophe (Art. 98,
RPC).
Notes:
 RA 7659 - reimposition of death penalty on heinous crimes.
 RA 8177 - designating death by lethal injection as the method of carrying out death penalty.

Non-institutional Corrections
It is only in the last 30 years that non-institutional or community-based corrections have become a
substantial part of the correctional system.
Non-institutional corrections embrace any activity in the community directly aimed at helping the
offender become a law-abiding citizen
It provides meaningful ties between offenders and their local environment, that is, a genuine
involvement of offenders with the local network of relationships that provides most of the goods and
services required by persons living in the community
Non-institutional or community-based correction programs began in the 1970s,1980s, and 1990s.

What is non-institutional Correction?

The subfield of corrections in which offenders are supervised and provided services outside jail or
prison.
Non-institutional corrections as those methods of correcting sentenced offenders without having to
go to prison.
It refers to non-institutional corrections as an approach to punishment that stresses reintegration of
the offender into the community through the use of local facilities. That aspect of the correctional
enterprise that includes pardon, probation, and parole activities, correctional administration not
directly connectable to institutions, and miscellaneous (activity) not directly related to institutional
care.

Community corrections includes:

 Diversion
 Restitution
 Probation
 Parole
 Halfway houses

Significance of Community-Based Corrections

Humanitarian Significance
Today's prisons are inhumane places Any person who has spent time in prison even the newly
constructed prison, knows too well that prison breeds physical jeopardy, predatory homosexuality,
violence and loss of self-worth.
Restorative Significance
The restorative aspect of community corrections concerns measures expected to achieve an
integrated, non-criminal position for the offender in the community
Managerial Significance
The managerial aspects of community-based corrections are especially significant because of the
major difference in the costs of custody and those of community programs.

What is Executive Clemency?

Executive clemency is a disposition of the President to show mercy, especially toward an offender
or enemy. It is granted for the purpose of relieving the harshness of the law or correcting mistakes
in the administration of justice. Executive clemency is granted the President of the Philippines as
embodied in the 1987 Constitution (Article VII, section 19).

What is Pardon?
A pardon is an act of grace, which exempts the individual on whom it is bestowed from the
punishment, which the law inflicts for the crime he has committed

The pardoning power is provided for in Article VII, Sec. 19 of the Philippine
Constitution as follows:
"Except in cases of impeachment, or as otherwise provided in the constitution, the President may
grant reprieve, commutation, and pardon, remit fines and forfeitures, after final judgment."
"He shall also have the power to grant amnesty with the concurrence of a majority of all members of
the Congress"
The exercise of the pardoning power is discretionary in the President and may not be controlled by
the legislature or reversed by the courts, save only when itcontravenes the limitations set by the
Constitution.

Limitations of the Pardoning Power

Pardon cannot be granted in cases of impeachment. Strictly speaking, an impeachment proceeding
is not a judicial, much less a criminal prosecution and therefore does not essentially come under the
pardoning power. However, the party convicted in an impeachment proceeding is subject to
prosecution, trial and punishment in an ordinary criminal action and in this case can be extended a
pardon. No pardon can be granted for the violation of any Election Law, rules and regulations
without the favorable recommendation of the Commission on Election (Art. IX, Sec. 5, Constitution).
But it is to be noted in this connection that not every offensecommitted on Election Day is to be
considered an election offense. Hence, several persons convicted of having committed on this day
the crime of illegal possession of firearms as punish under the Revised Administrative Code could
be validly pardoned without the necessity of a favorable recommendation of the Commission on
Election.
Pardon can be granted only after conviction by final judgment
Power cannot be exercise over civil contempt. The reason is that the punishment imposed for a civil
contempt, being remedial is for the benefit of a private litigant, whoserights have been violated by
the condemner. It is not punitive or imposed in the public interest. "But the President may pardon a
person convicted of criminal contempt."
Pardon cannot be exercise over congressional contempt declared by resolution of the legislative
body. However, if a person is convicted under the Revised Penal Code for disturbing parliamentary
proceeding, the President may pardon him.

Kinds of Pardon
 Absolute Pardon
It is absolute pardon when the President does not impose any condition or qualification upon the
pardoner.

 Conditional Pardon
It is conditional when the President annexes to his offer of pardon any conditions or qualification he
may see fit. A conditional pardon has no effect or force until accepted by the condemned.

Effects of Pardon
 Pardon removes the penalties and resultant disabilities imposed by law;
 Pardon restores to a person the enjoyment of his civil and political rights

Eligibility for Conditional Pardon

The petitioner must have served at least one half (1/2) of the minimum of his indeterminate
sentence or the following portions of his prison sentence;
At least two (2) years of the minimum sentence if convicted of murder, or parricide but not
sentenced to Reclusion Perpetua. At least one (1) year of the minimum sentence if convicted of
Homicide. At least nine (9) months if convicted of Frustrated Homicide

At least six (6) months if convicted of attempted Homicide.

Eligibility for Absolute Pardon

For absolute pardon, ten (10) years must have elapsed from the date of release of the petitioner
from confinement or five (5) years from the date of expiration of his maximum sentence, whichever
is more beneficial to him.
However, the board may consider a petition for absolute pardon even before the lapse of the
aforementioned periods in special cases such as:• When the petitioner is seeking reinstatement in
government service.
• Needs medical treatment, which is not available locally.
• Will take a government or Bar examination Emigrating.

Prisoners not Eligible for Conditional Pardon

 If the prisoner is eligible for parole
 If the prisoner has been sentenced to another prison term within one (1) year from the date of his
last recommitment to the jail or prison from where he escaped.
 If the prisoner is suffering from mental illness or disorder as certified by a government
psychiatrist.
 If the prisoner had violated a conditional pardon, which was previously granted before the
expiration of his maximum sentence.

REPRIEVE
A reprieve is a withdrawal or withholding of punishment for a time after convictionand sentence and
is in the nature of a stay of execution. It merely postpones the sentence for a time. It does not and
cannot defeat the ultimate execution of thejudgment of the court but merely delays it.
It may be ordered to enable the government to secure additional evidence to ascertain the guilt of
the convict or, in the case of the execution of the death sentence upon a pregnant woman, to
prevent the killing of her unborn child.
However, it must be understood that there's a difference between reprieve and suspension of
sentence. While reprieve postpones the execution of the sentence to acertain day; suspension of
sentence postpones it for an indefinite time.

Kind of Reprieve
In common law, reprieve after judgments is of three kinds, to wit:
 At the pleasure of the Crowd
 In the discretion of the court of necessity

COMMUTATIO
It is the substitution of a lesser punishment for a greater punishment by authority of law and may be
imposed upon the convict without acceptance and against his consent. In this respect, it differs from
a pardon to the validity of which acceptance is essential.

Effects of commutation of sentence

The commutation of the original sentence for another of a different length andnature and shall have
the legal effect of substituting the latter in the place of the former.
Eligibility for commutation of sentence
The prisoner must have served at least one - third (1/3) of the minimum of his indeterminate
sentence, or the following portions of his prison sentence consisting of Reclusion Perpetua;
At least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape or Kidnapping
with murder
At least eight (8) years if convicted of simple murder, parricide, rape, or violationof anti - drug laws.
At least twelve (12) years if given two (2) or more sentence of reclusion perpetua.
At least twenty (20) years in case of one (1) death sentence which was automatically commuted to
Reclusion Perpetua.
At least twenty-five (25) years in case of two (2) sentence of Reclusion Perpetua; provided one (1)
of the sentences had been automatically commuted from a death sentence.

What is Parole?
Parole is the conditional release of an offender from a correctional or penal institution after he has
served the minimum period of his prison sentence under the continued custody of the state and
under the condition that permit his re-incarceration if he violates a condition for his release.

Objectives of the Parole system

Uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of
liberty and economic usefulness

Individualize the administration of our criminal law with the end in view that standardization of
penalties is avoided but fitted to the individual, without prejudice to the basic need of maintaining
and protecting social order.

Eligibility of Parole
Unless disqualified, a prisoner shall be eligible for the grant of parole upon a
showing that:
 he is confined in a jail or prison to serve an indeterminate prison sentence, the maximum period
of which exceeds one year, pursuant to a final judgment of conviction
 he has served the minimum period of said sentence less the good conduct time allowances
(GCTA) earned.
 there is a reasonable probability that if released, he will be law – abiding
 his release will not be incompatible with the interests and welfare of society.

Disqualification for Parole

1) Those convicted of an offense punished with Reclusion Perpetua
2) Those convicted of treason, conspiracy and proposal to commit treason
3) Those convicted of misprision of treason, rebellion, sedition, and espionage
4) Those convicted of piracy
5) Those who are habitual delinquents, i.e., those who within a period of ten (10) years from the
date of release from prison or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa and falsification,are found guilty of any of said crimes a third time or
oftener
6) Those who escaped from confinement or evaded sentenced
7) Those who were granted conditional pardon and violated any of the terms thereof
8) Those whose maximum term of imprisonment does not exceed one (1) year or are with a definite
sentence
9) Those suffering from any mental disorder as certified by a psychiatric report of the Bureau of
Corrections or the National Center for Mental Health
10)Those whose conviction is on appeal
11)Those who have pending criminal case for an offense committed while serving sentence.

What is Probation?
It is a disposition under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and under the supervision of a probation officer.
It is a procedure wherein a sentence of offender is temporarily suspended and he is permitted to
remain in the community, subject to the control of the court and under thesupervision and guidance
of a probation officer.

Probation is the status of a convicted offender during a period of suspension of the sentence:
 Is given liberty conditioned on his good behavior
 The state, by personal supervision, attempts to assist him to maintain good behavior. It is a
privilege granted by the court to a person convicted of a crime or criminal offense to remain with the
community instead of actually going to prison.
Probation as a term derived from the Latin word "Probare," meaning "to prove". As the term's Latin
etymology states, probation involves the testing of an offender and his proving that he is worthy of
his freedom.

Two Types of Probation:

 Juvenile Probation covering offenders ages 9 and under 18 (PD 603) asamended by RA 9344.
 Adult Probation covering ages 18 and above (PD 968).
Forerunners of Probation:

Benefits of Clergy
13th century, a compromise between the church and the King, wherein any member of the clergy
brought to trial in the king's court shall be claimed from that jurisdiction by the bishop or chaplain
representing him and placed under the authority of the ecclesiastical court.

Judicial Reprieve
This is temporary suspension of the execution of sentence by the judge either before or after
judgment. Early in the 17th century, with the establishment of settlements in America, English courts
began to grant reprieves to prisoners under sentence of death on condition that they accept
deportation.

Recognizance or "binding over for good behavior"

This is the direct ancestor of probation. This involves an obligation or promiseunder oath that the
accused must "keep the peace" and "be of good behavior". Suretiesor bail were usually required.
Usually applied to any felony not capital. This led to the development of the first British Probation
Service

Transportation
The sending or putting away of an offender to another colony. It was an attempt to substitute for
brutal punishment at home an opportunity for rehabilitation in a new country.

John Augustus
Boston shoemaker who is considered as the "father" of Probation. The first volunteer probation who
in 1841 secured the release of a drunkard at Boston court by acting as surety. The offender turned
to be a "sober, industrious citizen" under his care. He acted as surety for 1,115 males and 794
females and gave less formal aid to many others the next 17years. Such volunteers became more
numerous and were, in effect, probation officers before probation had been authorized by the state.

Matthew Davenport Hill

18th century, English barrister and judge. As young professional in England, he has witnessed the
sentencing of youthful offenders to one-day terms on the condition that they be returned to a parent
or guardian who would close supervise them.
Massachusetts
The first State where the first practical demonstration of probation, the first use of the term as a
court service and the enactment of the first probation law occurred.

April 26, 1878

Signing of the first probation law by Governor Alexander H. Rice of the State of Massachusetts. The
Law provided for the appointment and prescribed the duties of a salaried probation officer.

John Savage
First paid and official probation officer Boston in 1878.

Vermont
It is the second state to enact a probation law with the signing of Vermont Act of 1898. It is the first
to adopt the County Plan of probation.

Vermont Act of 1898

Provided probation only after suspension of sentence of the execution of sentence.

January 11, 1909

The first Probation Bill was introduced during the 60th congress, 2nd session byRepresentative
McCall of Massachusetts.

March 4, 1925
The first Federal Probation Act became law, signed by President Calvin
Coolidge.

Juvenile Probation Develops:

1899 - Minnesota and Illinois enacted laws giving probation service to children only.

Rhode Island - where the first completely state administered probation system appeared.

New Jersey - the fourth state to pass a general probation law after the New England model in 1900.

New York - was the fifth state to provide for adult probation. California - was the sixth state to enact
adult probation and juvenile court laws, both in 1903.
Connecticut and Michigan - next state to enact general probation law in 1903. In
Connecticut, every court was authorized to appoint one or more probation officers. The first Act
limited the use of probation to persons convicted of misdemeanors, but two years later this limitation
was removed. The first Michigan Law limited probation to first offenders.

HISTORY OF PROBATION IN THE PHILIPPINES

August 7, 1935 the Philippine Legislature enacted the Probation Act (Act No. 4221) creating a
Probation Office under the DOJ, led by a Chief Probation Officer appointed by the American
Governor-General with the advice and consent of the United State Senate.
This law provided probation for first offenders 18 years of age and above convicted of certain
crimes. It stayed only for two years.

People vs. Vera

It challenged the constitutionality of Act 4221 on three grounds:
 Encroaches the pardoning power of the chief Executive;
 It constitutes an undue delegation of legislative power, and
 It denies the equal protection of the laws.

November 16, 1937

The Philippine Supreme Court (People vs. Vera, 37 O.G. 164) declared it as unconstitutional. It
ruled that said law contravened the "equal protection of the law clause" as it surrendered to
provincial boards of each province the power to appropriate or not, funds for the establishment of
provincial probation courts.

House Bill No. 393

Filed by Teudolo C. Natividad and Ramon Bagatsing. This is the second Bill/measure that attempts
to established an adult probation in the Philippines. It was passed in the lower house but pending in
the senate when martial law was proclaimed.

The present probation laws

Presidential Decree 968
Considered as the Probation Law of 1976. This was signed into law by then President Ferdinand
Marcos on July 24, 1976 during the last day of the first national conference on Crime Control held at
Camp Aguinaldo.
January 3, 1978
Effectivity of the application of the substantive provisions concerning grant of probation

Teudolo C. Natividad
Former NAPOLCOM commissioner and former Congressman of Bulacan. Known as the "Father" of
Probation in the Philippines.

Application for Probation

The application for probation shall be filed by sentenced or convicted offenderwhose sentence is
not more than 6 years imprisonment.
It shall be filed with the court that tried and sentenced the offender.
Section 32, RA 6425 (Dangerous Drug Act of 1972) Probation is granted to drug addicts.
PD 603, amended by PD 1179 (Child & Youth Welfare Code) probation to minor offenders.
PD 968 was approved only on July 24, 1976 and became operational on January 3, 1978.
Sentenced offenders 18 years and above can apply probation before serving sentence. However,
the first probation in 1937 was declared unconstitutional because it covers only provinces that can
financially afford to adopt the law.

Petition for Probation

Is there a need to apply for probation to avail of its benefits?
Yes, it will not be granted except upon the application by the accused. The necessity for such an
application is indicated in Sec. 4, PD 968, which states that "the trial court may, after it shall have
convicted and sentenced a defendant and upon application by said defendant within the period of
perfecting an appeal

When can a petitioner file his application for probation?

The law says that the application should be made within the period for perfecting an appeal or
within 15 days from the promulgation of notice of judgment.

Is there a form prescribed for the application for probation?

Yes, it shall be in the form approved be the Secretary of justice as recommended by the
Administrator or as may be prescribed by the SC

Where can we file the application for probation?

The application for probation be filed directly to the trial court that heard and sentenced the person
applying for probation.
What then be the duty of the court after receipt of the application?
The trial court may notify the concerned prosecuting officer of the application at a reasonable time
before the scheduled hearing thereof.

Procedures in Applying for Probation

The offender or his counsel files a petition with the convicting court. The court determines convict
qualifications and notifies the prosecutor of the filing of the petition
The prosecutor submits his comments on such application within 10 days from receipt of the
notification.

If petitioner is qualified, his application is referred to the probation officer for post- sentence
investigation.

The post-sentence investigation report (PSIR) is submitted by the probation officer to the court
within 60 days.
The court grants or denies the petition for probation within 15 days upon receipt of the PSIR.

Effects of filing an application for Probation

The court may, upon receipt of the application suspend the execution of sentence imposed in
judgment;
Pending the submission of the PSIR and the resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a new bail, or releasedon recognizance.

Disqualifications for Probation

 Those who were sentenced to more than 6 years
 Those who were convicted of crimes against the security of the state (Art. 134 to
157 except 135, 140 and 152 of the RPC)
 Those previously convicted and punished of not less than 1 month and 1 day
imprisonment and/or fine of not less than 200 pesos (include those punished with
destierro)
 Those who were previously granted probation under P.D. 968
 Those who were already serving their sentence when probation became applicable.
The Court will not grant Probation if it finds
 The offender can be treated better in a mental institution or other places for correction
 The offender is a risk to the community
 The offense is grievous to the eyes of the community
When Probation is granted, what conditions are imposed by the court?
• The probationer must present himself to his probation officer within 72 hours
• Report to his probation officer at least once a month
• Not to commit another crime
• Comply with any other lawful conditions imposed by the court
If the probationer committed a crime while under probation, what would be the
consequences?
• The probationer will be arrested for violation of the condition of probation
• Prosecution of the new crime committed
• The court will order the serving of the original sentence of the previous offense
How long is the period of probation?
• Not more than 2 years if the sentence is imprisonment for 1 year or less
• Not more than 6 years if the sentence is imprisonment for more than 1 year but not more than 6
years.
Note: Probation starts upon issuance of the court granting probation

When should probation be denied?

• The offender is in need of correctional treatment that can be provided more effectively by his
commitment to an institution
• There is undue risk that during the period of probation the offender will commit another crime
Probation will depreciate the seriousness of the offense. The offender may be released pending
application for probation:
• On the same bond he filed during trial
• On a new bond
• To the custody of a responsible member of the community if unable to file bond

When can the Court Modify the Conditions for Probation?

• At any time during supervision
• After summary hearing when the probationer violated any of its conditions Upon application by the
probation officer or the probationer himself
Note: only the judge who heard and decided the case has the power to grant, deny, modify, revoke
and terminate probation.

OUTSIDE TRAVEL
Probation officer authorized the probationer to travel outside the area of theoperation for a period of
10 days but not exceeding 30 days.
If 30 days, Probation must file 5 days before travel a request to travel outside for the approval of
Probation authorities.
If more than 30 days Probation Authorities shall recommend for Court Approval.

CHANGE OF RESIDENCE
The probationer must file a request for change of residence at the city or provincial Parole and
Probation officer to the court approval.
If approved, The RTC which has jurisdiction over the place shall have full control of the probationer.

Who is a volunteer probation aide?

He/she is a civilian of good repute and integrity, at least 18 years of age, appointed by the Probation
Administration to assists the Pos in investigation and supervision. A VPA is not entitled to salary but
is given a reasonable travel allowance.

Termination of Probation
After the probationer has satisfactorily completed the probation period, the Probation Officer shall
submit termination report to the court containing the followings:
• Condition of probation
• Program of supervision and response to treatment
• Recommendation

Two ways of terminating probation

After period of probation with satisfactory compliance with conditions of probation.

Other ways of terminating probation

 Termination before the expiration of the period (served at least 1/3 of the imposed period but not
less than 6 months)
 Termination by pardon of the probationer (either absolute or conditional)
 Deportation of the probationer - when an alien on probation is deported, probation will necessary
be terminated.
 Death of probationer
 Rights Restored after Termination of Probation
 All civil rights suspended when the offended was convicted and sentenced are restored after the
termination of probation
 Liability to pay a fine is also discharged IN CASE OF SUBSIDIARYIMPRISONMENT

How Can Probation help in the Prevention of Crime?

When in the community, he is helped and given opportunities to be productive and responsible
instead of going to prison. Hopefully, these situations restrain theprobationer from committing crime.
How can Community help in the Success of Probation?
 Community accepting the probationers, giving them a feeling of belongingness
 Community agencies and schools are being opened for the training and treatment of probationers
 Community leaders and layman allowing the participation of probationers in developmental
programs
 Religious organizations giving the probationers spiritual advice and extending their social action
programs to probationers
 Various organizations providing temporary housing for probationers
 The community playing an equally important role after the termination of probation, it should be
ready for the reintegration of the individual into community life.

Difference of Probation from Imprisonment and Parole:

Probation is an alternative to imprisonment. Instead of being confined in prison, the probationer is
released to the community by the court with conditions to follow and is placed under the supervision
of PO.
Parole is a conditional release of a prisoner whereby he is placed under the supervision of Parole
Officer after serving his minimum sentence.
Probation is a community-based approach to reformation of offenders, while imprisonment adopts
the institutionalized approach.
Probation is handled by the Probation Administration while parole is administered by the Parole
Board.
Probation is enjoyed only once while parole may be granted more than once, depending on good
behavior during imprisonment.
Probation is more beneficent because it restores full civil rights to the probationer upon termination
unlike parole. Probation is essentially a judicial function (under thecontrol of the court) while parole
is an executive function (under the Parole Board)
Additional Information:
P.D. 1257 - participation of the prosecutor in the determination of the application for probation
P.D. 76 - the period of punishment which is probationable is extended from 6 years and 1 day.
P.D. 1990 the period of punishment which is probationable is lowered again from 6 years and 1 day
to 6 years or less.
E.0.292 (Administrative Code of 1987) - renamed the Probation Administration into Parole and
probation Administration.
Nature of Information Gathered - Strictly confidential and privilege
Nature of Post Sentence Investigation - It is recommendatory in nature and address to the sound
discretion of the trial court
Effectivity of Probation - Upon its issuance
Finality - The order of the court granting or denying probation SHALL NOT BE APPEALABLE.
Probationer - a person placed on probation
Absconding probationer, a person whose probation was granted but failed to report for supervision
or fails to continue reporting for supervision or whose whereabouts are unknown for a reasonable
period of time.
Probation officer - one who investigates for the court a referral for probation or one who supervises
a probationer or both.
Petitioner - an accused or defendant who files a formal petition for probation
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 cannotbe located within a reasonable
period of time.

9 THERAPEUTIC MODALITIES

PAROLE SYSTEM

Parole - refer to the conditional release of an offender from a penal institution after he
has served the minimum period of his prison sentence.
Parolee - refer to a person who is released on parole
Pardonee - refer to a person who is released on conditional pardon.
Client refer to a pardonee/parolee who is place on supervision
Board - refers to the Board of Pardons and parole
Administration - refer to the Parole and Probation Administration
Director refer to the Director of the BuCor
Administrator - refer to the administrator of Parole and Probation Administration
HISTORY OF PAROLE SYSTEM IN THE PHILIPPINES
It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law, which took effect on Dec. 5, 1933.
Board of Pardons and Parole - administers the Parole system of the country

Pre-Parole Investigation:
The Administration has been authorized by the Board to conduct pre-parole investigation of
deserving city, provincial and national prisoner confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best interests and that of justice will be served
thereby, and to submit reports of said investigation at least 60 days before the expiration of the
minimum sentences of the prisoners concerned

Prisoners Qualified for Parole

Unless otherwise disqualified under Sec. 15 of the rules, a prisoner shall be eligible for the grant of
parole upon showing that:
(a) Heisconfined inajailor prison to serve an indeterminate prison sentence, the maximum period of
which exceeds one year, pursuant to a final judgment of conviction and that
(b) He has served the minimum period of said sentence less the Good Conduct Time Allowances
(GCTA) earned.
(c) There is a reasonable probability that if released, he will be law-abiding; and that
d. His release will not be incompatible with the interests and welfare of society.

Prisoners Disqualified for Parole

1) Those persons convicted of offenses punished with reclusion perpetua;
2) Those convicted of treason, conspiracy or proposal to commit treason;
3) Those convicted of misprision of treason, rebellion, sedition or espionage;
4) Those convicted of piracy,
5) Those who are habitual delinquents;
6) Those who escaped from confinement or those who evaded sentence;
7) Those who were granted conditional pardon and violated any of the terms thereof;
8) Those whose maximum term of imprisonment does not exceed 1 year or are with a definite
sentence;
9) Those suffering from any mental disorder as certified by a psychiatric report of the bureau of
correction or national center for mental health;
10)Those whose conviction is on appeal
11)Those who have pending criminal case for an offense committed while serving sentence.