Norwin M.

Basoc
BSC-4B
CA102 – Activity 1

OUTLINE FOR NON-INSTITUTIONAL CORRECTION MODULE

What is Non-Institutional Correction?

 Refers to that method of correcting sentenced offenders without having to go in prison.

What are the Advantages of Community-Based Corrections?

 Family members need not be victims also for the imprisonment of member because the convict
can still continue to support his family, not to be far away from his children;
 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
 Rehabilitation can be monitored by the community thus corrections can be made and
moreeffective;
 Cost of incarceration will be eliminated which is extremely beneficial especially to a
cashstrapped government.

FORMS OF EXECUTIVE CLEMENCY

1. Pardon

Is a form of executive clemency granted by the president of the Philippines as a privilege

extended to a convict as a discretionary act of grace.

Two Kinds of Pardon:

Absolute Pardon is given without any condition attached to it. Its grants carries with total
extinction of criminal liability.

Conditional Pardon refers to the exemption of an individual, within certain limits or conditions.

2. Amnesty

A special form of pardon exercised by the President. Amnesty is a general pardon extended to a
certain class of people who are usually political offenders.

3. Reprieve
 Generally, it is applied to death sentences already affirmed by the Supreme Court.

4. Commutation sentence

Commutation of Sentence shall refer to the reduction of the duration of prison sentence. It is
another prerogative of the president.

5. Parole

The release of prisoners before the expiration of his maximum sentence.

QUALIFICATIONS

A prisoner is eligible for parole once the inmate had served the minimum sentence, less GCTA
earned, of his indeterminate prison sentence the maximum period of which exceeds one (1) year except
under the following circumstances:

1. When sentence is 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 escape from confinement or evaded sentence;
7. Those who were granted conditional pardon and violated any of its term thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or are with
definite sentence’
9. Those suffering from any mental disorder as certified by a psychiatric report of the Bureau of
Corrections or National Center for mental Health;
10. Those whose conviction is on appeal; and
11. Those who have a pending criminal case for an offense committed while serving sentence.
 The BPP may grant parole under special considerations
 Rules After Grant of Parole
 Infractions/Violations of the terms and Conditions of the Release Document
 Termination of Parole Supervision

PROBATION
-Another form of non-institutional corrections practices that gives a sentenced convict the chance
to reform and rehabilitate him without having to spend time in jails.

-Probation does not confine to prison a sentenced prisoner but rather released and undergo
personalized community based treatment.

PROBATION IN THE PHILIPPINES

 Probation was first introduced in the Philippines during the American colonial period (1898-
1945) with the enactment of the Act no. 4221 of the Philippine Legislature on August 7,1935.
  In 1972, House bill no. 393 was filed in congress, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of Act 4221 that
struckdown the 1935 law as unconstitutional. Congressmen Teodulo C. Natividad and Ramon
Bagatsing introduced “ An Act establishing Probation in The Philippines, Providing Probation
Offices, therefore and other Purposes.”
 On July 24, 1976, PD 968 also known as Adult Probation Law of 1976, signed into law by the
President of the Philippines.
 Probation – is a disposition under which a defendant, after conviction and sentence, is released
to the supervision of a probation officer subject to conditions imposed by the court.
The purposes are as follows:
 To protect society through controlled programs of supervision of offenders;
 To promote the correction and rehabilitation of an offender by providing him with individual
treatment;
 To provide opportunity for the reformation of a particular offender which might be less
probable if he were to serve a prison sentence;
 To prevent the commission of the offenses; and
 To re-integrate the offender into society

ADVANTAGES OF PROBATION
 Seen as more helpful than imprisonment in serving the ends of justice and protecting
society as a whole,
 It gives the probationers the chance to work, live with his family preventing broken homes.
 This will serve to decongest our seven national prison facilities which are overpopulated.

Who are disqualified for probation?

 Those sentenced to serve a maximum term of imprisonment of more then six (6) years;
 Those convicted of subversion or any crime against National Security or the Public Order;
 Those who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/ or fine of not less than two
Hundred Pesos (200.00);
 Those who have been once on probation under the provisions of this Decree; and
 Those who are already serving sentence at the time the substantive provisions of the

PROBATION LAW BECAME APPLICABLE.

Parole and probation administration is an agency of the Philippine government under the Department
of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who
are likely to respond to individualized community-based treatment programs.

RESTORATIVE JUSTICE
 -A philosophy and a process whereby stakeholders in a specific offense resolve collectively how
to deal with the aftermath of the offense and itsimplications for the future. It is a victim-centered
response to crime that provides opportunity for those directly affected by the crime - the victim, the
offender, their families and thecommunity - to be directly involved in responding to the harm caused by
the crime.

 The VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by which the Parole
and Probation Administration may be able to generate maximum citizen participation or
community involvement. Citizens of good standing in the community may volunteer to assist the
probation and parole officers in the supervision of a number of probationers, parolees and
conditional pardonees in their respective communities. Since they reside in the same
community as the client, they are able to usher the reformation and rehabilitation of the clients
hands-on.
 The THERAPEUTIC COMMUNITY (TC) is a self-help social learning treatment model used in the
rehabilitation of drug offenders and other clients with behavioral problems. TC adheres to
precepts of “right living” - Responsible Love and Concern; Truth and Honesty; the Here and
Now; Personal Responsibility for Destiny; Social Responsibility (brother’s keeper); Moral Code;
Work Ethics and Pride in Quality.
 The primary “therapist” and teacher is the community itself, consisting of peers, staff/probation
and parole officers and even Volunteer Probation Aides (VPA), who, as role models of successful
personal change, serve as guides in the recovery process.

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Purpose of Probation
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to serve a prison sentence; and
(c) prevent the commission of offenses.

Grant of Probation.
-Subject to the provisions of the Probation Law, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of said defendant, suspend the execution of
said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.

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

Form of Investigation Report.

 -The investigation report to be submitted by the probation officer under Section 5 hereof shall
be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice.

Period for Submission of Investigation Report.

-The probation officer shall submit to the court the investigation report on a defendant not later
than sixty days from receipt of the order of said court to conduct the investigation.

Criteria for Placing an Offender on Probation.

-In determining whether an offender may be placed on probation, the court shall consider all
information relative, to the character antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.

Disqualified Offenders.
-The benefits of this Decree shall not be extended.

Conditions of Probation.
-Every probation order issued by the court shall contain conditions requiring that the
probationer.

Effectivity of Probation Order.

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

Modification of Condition of Probation.

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

Control and Supervision of Probationer.

-The probationer and his probation program shall be under the control of the court who placed
him on probation subject to actual supervision and visitation by a probation officer.

Period of Probation.
 The period of probation of a defendant sentenced to a term of imprisonment of not more than
one year shall not exceed two years, and in all other cases, said period shall not exceed six years.
 When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended.
Arrest of Probationer; Subsequent Disposition.
-At any time during probation, the court may issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court.

Termination of Probation.
-After the period of probation and upon consideration of the report and recommendation of the
probation officer, the court may order the final discharge of the probationer upon finding that he has
fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.

Confidentiality of Records.
-The investigation report and the supervision history of a probationer obtained under this
Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the
Probation Administration or the court concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the
best interest of the probationer make such disclosure desirable or helpful.

The Probation Administration.

-There is hereby created under the Department of Justice an agency to be known as the
Probation Administration herein referred to as the Administration, which shall exercise general
supervision over all probationers.

Probation Administration.
-The Administration shall be headed by the Probation Administrator, hereinafter referred to as
the Administrator, who shall be appointed by th President of the Philippines. He shall hold office during
good behavior and shall not be removed except for cause.