CA 2 – NON-INSTITUTIONAL CORRECTION

CHAPTER 1

WHAT IS CORRECTION?
Correction is the branch of the administration of CJS charged with the responsibility
for the custody, supervision and rehabilitation of convicted offenders.

THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

- BUREAU OF CONNECTIONS(BUCOR), under the DOJ
- The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the
DILG
- The PROVINCIAL Jails, Under Provincial Government, under DILG
- The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD),
which takes care of, youthful Rehabilitation centers for juveniles
- Other agencies under this pillar are the:
(Community Based Correction)
- The Parole and Probation Administration (PPA) under the Department of Justice
(DOJ); and
- The Board of Pardons and Parole also under the Department of Justice.
- LOCK-UP JAILS under the Philippine National Police (PNP)

DECONGESTION OF JAILS
OPLAN DECONGESTION was formalized through the execution of a memorandum
of agreement on February 12,1993. Among the public attorney's office, the parole and
probation administration, the Board of Pardons and Parole which are all under the
Department of Justice, and the Bureau of Jail Management and Penology.

LAW AND DECREES USUALLY AVAILED TO DECONGEST JAILS

Presidential Decree No. 603, known as the child and youth welfare code, suspends sentence
of
minor offenders whose ages range from nine (9) years to under eighteen (18) years

Batas Pambansa Bilang 85-authorizes the release of a detainee who has undergone
preventive imprisonment equivalent to the maximum imposable sentence for the offense he is
charged with.
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Article 96 of the Revised Penal Code-provides that in meritorious cases, the commutation
of the prisoner's sentence through presidential action shall be upon the recommendation of
the court which imposed the same.

Article 97 of RPC- which provides that a prisoner shall be entitled to a deduction from his
prison term for good conduct.

DOJ Memorandum Circular no. 6 - which directs all wardens or anyone in-charge of local
jails to effect the immediate transfer of national prisoners to the Bureau of corrections.

Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4,2002) -1st
time minor offender (probation) for use 2 possession only./deport

Republic Act No. 9344-Juvenile & Justice welfare Act of 2006

Republic Act No. 6036, known as the release on recognizance law, provides for the release
of offenders charged with an offense whose penalty is not more than six (6) months and/or a
fine of Two Thousand pesos (2,000) or both, to the custody of a responsible person in the
community, instead of a bail bond.

Republic Act No. 6127, fully deducts the period of the offenders' preventive detention from
the sentence imposed by the courts;

Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look
into the physical, mental and moral record of prisoners to determine who shall be eligible for
parole or conditional pardon.

Presidential Decree No.968 July 24,1976 - is the Philippine Probation Law of 1976

APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

- The Institution-Based Approach-The rehabilitation of offenders in jail or prison.
- Non-Institutional Correction or Community- Based Approach-correctional
activities that may take place within the community.
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NON-INSTITUTIONAL CORRECTION/COMMUNITY-BASED CORRECTIONAL

- Refer to that method of correcting sentenced offenders without having to go to prison

The Community-Based Treatment Programs are those programs that are intended to treat
criminal offenders within 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.

ADVANTAGES OF COMMUNITY BASED CORRECTIONS ARE:

1.Family members need not be victims also for the imprisonment of a member because the
convict can still continue to support his family; not to be far away from his children:
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community, thus, corrections can be made and be
more effective; and
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-
strapped government an entire bureaucracy will be eliminated which include the salaries,
benefits and perks of the officers and staff, capital outlays. operating cost maintenance of the
facilities, subsistence of inmates and many others.

BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED

TREATMENT PROGRAMS
1. Humanitarian Aspects – imprisonment is not always advisable.
2. Restorative Justice – 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 law.
3. Managerial Aspect – it is easier to manage those undergoing community based treatment
programs.

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

1. 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.
2. Indeterminate Sentence Law/Parole Program-It is that type of correctional program that
enables the convicted felon after serving the minimum imposable penalty may be eligible for
release on parole.
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3. Executive Clemency -It is the power of the Chief Executive to grant amnesty commutation
of sentence, pardon. reprieve and remit fines and forfeitures to convicted prisoners
4. Restorative Justice Program -It refers to the program enacted under RA 9344 for CICLs
that requires a CICL's to undergo after he/she is found responsible for an offense without
resorting to formal court proceeding like diversion, intervention and Community based
programs.

AGENCIES CONCERNED

Parole and Probation Administration(PPA)

- Headed by Administrator
- Handles the Investigation petitioners for Probation & Supervision of Probationer,
Parolees, and Conditional Pardonees.
- Hon.Teodulo Natividad was the first Administrator
Board of Pardons and Parolo (BPP)
- Headed by Chairman (DOJ Undersecretary)
- Responsible for grant of Parole and recommending Executive Clemency to the
President(E.O 83, series of 1937)
Department of Social Welfare and Development (DSWD)
- Act. 3202,PD 603
- JJWC (9344) JISC (10630)
- Headed by DSWD Undersecretary as Chairman renders services for Children in
Connion with the Law (CICL)
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CHAPTER 2
PROBATION
Latin verb
"probare"-to prove test (John Augustus)
"probatio"-testing period (Frederick Rainier)

Is a procedure under which the Court releases a defendant found guilty of a crime
without imprisonment subject to the condition imposed by the court and subject to the
supervision of the probation service.

FORERUNNERS OF PROBATION
Benefits of Clergy
- if any member of the clergy was brought to trial before the king's court, such clergy
could be claimed from the jurisdiction by the bishop or chaplain representing him on
the ground that the prisoner was subject to the authority of the Ecclesiastical Court
only.

Judicial Reprieve
- -when there is a favorable circumstance in the criminal's character in order to give
him opportunity to apply to the King for either an absolute an or conditional pardon.
Early English courts began to grants reprieves to prisoners under sentence of death on
condition that they accept deportation to English settlements in America

Recognizance or “Binding over for good behavior"

-this is considered as the direct ancestor of probation. This Involves an obligation or
promise sworn to under court order by a person not yet convicted of crime he would keep the
peace and be of good behavior.

Transportation
- this was developed from an ancient practice of banishment and flourished for more
than two hundred years as a principal method of disposing offenders. It served mainly
as cheap source of supplying labor to the colonies of England.
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TERMS TO PONDER

Absconding Petitioner - a convicted accused whose application for probation has been given
due course by the court but fails to report to the parole and probation office or cannot be
located within a reasonable period of time.

Absconding Probationer- an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue
reporting for supervision and/or whose whereabouts are unknown for a reasonable period of
time.

Defense Counsel/Counsel - lawyer of the petitioner

Petition - application for probation.

Petitioner- a convicted defendant who files an application for probation.

Probationer- means a person placed on probation.

Probation Investigation- The process of selection, diagnoses and planning with the client.

Probation Supervision - The continuous process of helping the client to follow through with
the plans, reevaluation and working with the client in the process of planning his life to meet
dynamic situation.

Probation Officer-person who investigates for the Trial Court a referral for probation or
supervises a probationer or does both functions and performs other necessary and related
duties and functions as directed.

Probation Order - order of the trial court granting probation

Prosecutor- lawyer of the victim.

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Trial Court -refers to the Regional Trial Court RTC) of the Province or City/Municipal Court
which has jurisdiction over the case.

Volunteerism - is a strategy by which the parole and probation administration may be able to
generate maximum citizen participation or community involvement in the overall process of
client rehabilitation.

CONCEPT AND PHILOSOPHY OF PROBATION

The basic legal conceptions of probation:
First, it as a conditional suspension of the execution of sentence.
Second it is a personal care or treatment and supervision over the probationer

PROBATION IS A COURT FUNCTION

No person shall be placed on probation except upon prior investigation by the
probation officer and a determination by the court that the ends of justice and the best interest
of the public as well as that of the defendant will be served thereby

ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER

PRESIDENTIAL DECREE NO.968
- Probation is a single or one-time" affair.
- Probation system is highly selective.
- Persons under probation retain their civil rights, like the right to vote, or practice one's
profession, or exercise parental or marital authority.

AREAS OF THE PROBATION LAW

Presidential Decree No.968 will cover civilians tried and convicted by military
tribunal. "it shall apply to all offenders except those entitled to the benefits under the
provisions of Presidential Decree No. 603 and similar laws."

What are the "similar laws" referred to in Section 1?

-The Comprehensive Dangerous Drugs Act.
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The cut-off point at six years’ imprisonment for extending the benefits of probation
refers to the sentence actually imposed, not that prescribed by law for the offense committed.

The probation law does not disqualify one who has been convicted of an offense
penalized by DESTIERRO.

Probation, it is argued, as laid out by the Decree is primarily a judicial function

It cannot be made at any time after conviction and sentence, but rather extends only
up to the actual commitment of the defendant to prison for the service of his sentence, and not
thereafter.

The rule of automatic withdrawal of pending appeal applies in case the application for
probation is made when the appellate court has already rendered its decision

The application for probation may be in any form, whether written or oral.

Defendant is not entitled as a matter of right to the assistance of counsel in the

investigation

Neither is the constitutional guarantee against self- incrimination that no person shall
be compelled to be a witness against himself, available in the investigation.

Pending submission of the investigation report and the resolution of the petition for
probation, the defendant may be allowed on temporary liberty under his bail filed in the
criminal case, or on recognizance.

While the grant or denial of probation is not appealable, certiorari will lie, under the
general law on certiorari (a writ or order by which a higher court reviews a decision of a
lower court).

The grant of probation does not erase, modify of otherwise affect the offender's
CIVIL LIABILITY.
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RELATED PROVISIONS UNDER REPUBLIC ACT NO.9344

Republic act No.9344: Probation as an Alternative to Imprisonment. - The court may.

after it shall have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of service pf his/her sentence
taking into account the best interest of the child.

DISTINCTION BETWEEN PROBATION UNDER PRESIDENTIAL DECREE

NO.603 AND UNDER PRESIDENTIAL DECREE NO.968.

Presidential Decree No.603- Under Presidential Decree No.603 the youthful offender is
neither convicted nor sentenced although the court finding him guilty determines the
imposable penalty and orders his commitment as a matter of course to any of the trustees for
his correction and rehabilitation, even without his asking for it and without any prior
investigation.

Presidential Decree No.968- Under Presidential Decree No.968, the offender is convicted
and sentenced. Application is required.

WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of probation in England. He finds
persons who act as guardians of the juvenile offender. Then at an unexpected period, the
confidential officer visits the guardian, makes inquiries and keeps notes of information
received.

WHO IS JOHN AUGUSTUS?

- John Augustus is the father of probation in the USA.
- Boston shoemaker,
- promoted temperance to reclaim drunkards. Later begun to take men and woman
charged with other crimes, then eventually children.
- his method was to provide bail for a temporary suspension of sentence
- counsel and assist such persons find homes, securing employment and adjusting
family difficulties.
- At the end of the probation period, he brought back the offender to court, and if no
further complaint had been lodged against the offender, the judged imposed a nominal
fine with costs. If the man was too poor, Mr. Augustus advanced the amount, usually
as loan.
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AUGUSTUS EXPERIMENT
- August 1841-Rugged drunk man
- 3 weeks -The drunkard was brought back to court
where the judge cannot recognize him. Imposes a fine of S 3.76.
- Augustus died on June 21,1859. And out of 2000 person whom he extended his help,
only 10 were ungrateful. And out of 1100 cases, only one case was forfeited.
- Massachusetts became the 1st country to enact a probation law on April 21, 1878

HISTORY OF PROBATION IN THE PHILIPPINES

The Adult Probation Law of 1935

- The Philippine Legislature enacted the first probation of the Philippines. The first
legislation was Act No. 4221 enacted by the Philippine legislature on August 07,1935
and which created a Probation Offices under the Department of Justice led by a Chief
Probation Officer appointed by the American Governor General with the advice and
consent of the United States.

- The act subsequently declared unconstitutional.

- Section 11 of Act no 4221, the fatal provision of the Act, provided that "This Act
shall apply only in those provinces in which the respective provincial board shave
provided for the salary of a probation officer...”.

WHO IS TEODULO C. NATVIDAD?

He is the Father of Probation in the Philippines. He headed the committee (IDCCP)
primarily tasked with the drafting of the adult probation law.
Inter-Disciplinary Committee on Crime Prevention (IDCCP) was created to formulate
a national crime prevention program for the courtly

CRITERIA FOR PLACING AN OFFENDER ON PROBATION

Under Section 8 of PD No. 968, in determining whether an offender may be placed on
probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and
community resources.
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Probation shall be denied if the court finds that:

- The offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution, or

- There is undue risk that during the period of probation the offender will commit
another crime,

- Probation will depreciate the seriousness of the offense committed.

- However, under Sec. 70 of Republic Act No. 9165, the Comprehensive Dangerous
Drugs Act of 2002, the first-time minor offender who upon promulgation of the
sentence, the court may, in its discretion, placed the accused under probation, even if
the sentence provided under Sec. 11 of the Act is higher than that provided under
Probation Law.

PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVELEGE

However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006, a Child in
Conflict with the Law (CICL) is granted the right to probation as an alternative to
imprisonment if qualified under the Probation Law.

PROBATION" IS NOT A "SENTENCE" but is rather in effect a suspension of the

imposition of sentence. It is not a final judgment but is rather an "interlocutory judgment" in
the nature of a conditional order placing the convicted defendant under the supervision of the
court

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

- An offender can be granted probation ONLY ONCE IN HIS LIFETIME.

- GRANTING OR DENYING PROBATION NOT BE APPEALABLE

- Under PD No. 1990, an order granting or denying probation shall not be appealable

WHO ARE QUALIFIED TO PROBATION?

- Any first time convicted offender, 18 years of age and above not otherwise
disqualified under PD 968
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- AS GENERALRULE probation applies to all sentenced or convicted offenders -All

first-time offenders convicted of crimes punished by imprisonment of not more than 6
years (maximum of 6 years).

- Those offenders who has not been convicted and sentenced.

- Those that are found guilty in violation of the Omnibus Election Code of the
Philippines.

- Those who are found guilty in violation of PD 1987 (an act creating the Video Gram
Regulatory)

- Those that are found guilty in violation of RA 6727 otherwise known as the Wage
Rationalization Act.

DISQUALIFIED OFFENDERS FOR PROBATION

- Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN
SIX(⑥) YEARS.
Note: the six years’ maximum refers to the sentence actually imposed, and not that prescribed
by law for the offense committed.
- Those who have previously been convicted by final judgment

PREVIOUS CONVICTION
- If one month -qualified for probation

- If one month and one day or more – disqualified for probation

- less than two hundred pesos - qualified for probation

- two hundred pesos or more -disqualified for probation

- Those convicted of subversion or any crime against the national security or public
order;

- Those who have been ONCE on probation under the provisions of PD No. 968, as
amended;

- Those who are already serving sentence at the time substantive provisions of the
decree became applicable pursuant to section 33 of PD 968
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WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

The application for probation shall be filed by sentenced or convicted offender whose
sentence is not more than 6 years’ imprisonment. It shall be filed with the court that tried and
sentenced the offender.

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.