"LESSON 1.

INTRODUCTION

A. Introduction to Non-Institutional (Community-based) Corrections

Community-based corrections are non-institutional based corrections

which

are being considered as the best alternative for imprisonment. It is a non-

incarcerate system of correction. It is described as a method of rehabilitating

convicted felons without the need of placing them into jail or prison facilities. It

is likewise refer to any sanctions in which convicts serve all or a portion of their
entire sentence in the community. Community-based correction is a program
which deal with supervised rehabilitation of convicts with the community.

The idea behind non-institutional correction programs is that, most convicts can
be effectively held accountable for their crimes at the same time that they can
fulfill legitimate living standards in the community. Most convicts do not pose an
imminent danger to themselves or to others and can therefore remain the
community to maintain relationships. Rehabilitating convicts within the
community confers several benefits such as:

1. The convict will remain in the community in which he or she has

responsibilities. He can continuously engage to his legitimate sources of
livelihood to support himself and his family and the government can collect taxes
from him;

2. Convicts under community-based corrections are more capable to compensate

their victims through restitution or to pay-back the community through
community service; and

3. Community-based corrections programs do not expose convicts to the

subculture of violence existing in jails and prisons.

B. Correction, Defined
The branch of the administration of Criminal Justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders. The dual purposes of Correction are:

1. To punish; and

2. To rehabilitate the offender.

C. Forms of Corrections

1. Institutionalized Correction. – The rehabilitation of offenders in jail or in

prison"

"2. Non-institutionalized Correction (Community-Based Correction). –Refers to

correctional activities that may take place within the community. They are in the
forms of Probation, Parole, Conditional Pardon, Community works.

Note: Community-based corrections include all correctional activities that take

place in the community. It embraces any correctional activity in the community
that directly addressed to the offender and aimed at helping him to become a law-
abiding citizen.

D. Forms of Community-based Correction Programs

The following are the most popular forms of Community-based Corrections that
are applied in the Philippines:

1. Probation. – Is a disposition, under which a defendant after conviction and

sentence, is release subject to the conditions imposed by the court and to the
supervision of a probation officer.

2Parole. . – A conditional release from prison of a convicted person upon service

of the minimum of his indeterminate penalty.

3. Pardon. – A form of executive clemency which is exercise exclusively by the

Chief Executive. Pardon may be given conditionally (Conditional Pardon) or
unconditionally (absolute Pardon). For the purpose of Non- Institutional
Correction, it is the Conditional Pardon with Parole Conditions is under
consideration.

Note: For simple infraction of laws or ordinances, Community Service may

likewise be considered as Community-based Correction. This is impose to require
the violators to render community service in lieu of payment of fine and/or
imprisonment.

E. Entities of the Government task for providing Community-based Correction

The following are the Entities of the Government that provide for Community-
based Corrections:

1. Parole and Probation Administration (PPA) i. Conduct investigation of all cases

in relation to parole, probation and pardon; and "

" Responsible for the supervision of all parolees, probationers and conditional
pardon grantees.

2. Board of Pardon and Parole (BPP)

i. Authority in Granting Parole; and

ii. Responsible for recommending the grant of pardon and

executive clemency to the president.

3. Department of Social Welfare and Development (DSWD)

i. Handling cases of Child in Conflict with the Law (CICL).

F. Benefits of Community-based Corrections

The following are the benefits of Community-Based Corrections:

1. Strengthening family ties through avoidance of broken family

relationships.

The treatment and rehabilitation of convicted offender is

done outside the institutional facilities, hence, family members will not
suffer broken family due to imprisonment of one of its member;

2. Prevention of Influence Contamination Putting convicted felon to

prison may expose him to hardened criminals who might influence him to be a
more hardened criminal than before;

3. Engagement of Community Involvement. Rehabilitation can be more

effective with the help of the members of the community;

4. Assurance of Individualized Treatment Approach.

These programs provide individualized treatment program for the convicts

which

is if not available, it is hard to attain correctional institution; and

5. It is more economical than institution based correction on the partof the

government.

G. Purposes and Functions of Community-based Corrections

The purposes of Community-based Corrections are:

1. Facilitating Convicts Reintegration;

2. Fostering Convicts Rehabilitation;

3. Providing an Alternating Range of Convicts Punishments; and "Heightening

Convicts Accountability.

On the other hand, the functions of Community-based Corrections are:

1. Client monitoring and supervision to ensure program compliance;

2. Ensuring Public Safety;

3. Employment Assistance;

4. Individual and Group Counseling;

5. Educational Training and Literacy Services;

6. Networking with other community agencies and businesses; and

7. Reducing jail and prison overcrowding.

H. Current Issues and Concerns on Community –based Correction

Community-based Corrections have many issues and concerns, such as:

1. Public resistance against Non-Institutional Corrections;

2. Punishment against rehabilitation and reintegration;

3. Convicted individual needs safety as well as the public;

4. Availability of Rehabilitation Services;

5. Education and training for rehabilitation service providers; and

6. Coping with special needs of the convicts.

LESSON 2. DIFFERENT FORMS OF EXECUTIVE CLEMENCY

Executive Clemency - It refers to the COMMUTATION OF SENTENCE,

ABSOLUTE

PARDON, AND CONDITIONAL PARDON, with or without the parole

conditions, as may be granted by the President of the Philippines upon the
recommendation of the Board of

Pardon and Parole. It may also refer to commutation of sentence and reprieve.
Person Disqualified for Executive Clemency

Prisoners are not considered for commutation of sentence or conditional pardon if:

1. The petitioner is available for Parole;"

"2. The prisoner is sentenced to another prison term within (1) one year from the
date of his last recommitment of the jail or prison from where he escaped;
3. The prisoner had violated an\y conditions of his discharge on Parole or
Conditional Pardon; and

4. The prisoner is suffering from mental illness or disorder as certified by a

government psychiatrist.

A. AMNESTY

Amnesty. – The act of an authority (as a government) by which pardon is granted

to a large group of individuals. A sovereign act or forgetfulness (from Greek
Amnestia, “Forgetfulness”) granted by the government, especially to a group of
persons who are guilty of (usually political) crimes in the past. It is often
conditional upon the group’s return to obedience and duty within aprescribed
period.

The purpose of amnesty is to hasten a country’s return to political normalcy by

putting behind it the anomalies of the past through a pardon that will open the
door to living normal lives for groups of people targeted by the amnesty.

These groups were once involve in political activities during certain troubled
times like war or rebellion and by making a gesture of the state forgetting past
destructive activities of political dissidents or rebels and allowing them to lead
normal lives, the country in return will ensure its return to normalcy.

Characteristics of Amnesty

1. It is the proclamation of the Chief Executive with the concurrence of the

Congress, hence, it is a public act which the court should take judicial notice;

2. Amnesty can be granted before and after the institution of the criminal
prosecution and sometimes after conviction;

3. Granted to classes of persons or communities who may be guilty of political

offenses; and

4. Amnesty looks backward and abolishes and puts into oblivion the offense itself,
it so overlooks and obliterates the offense with which he is charge that the person
release by amnesty stands before the law precisely as though he had committed no
offense.

B. Commutation of Sentence"
"Commutation of Sentence. - It refers to the reduction of the duration of a

prison sentence. The reduction of a sentence for a criminal act by action of the
executive head of the government. Like pardon, commutation of sentence is a
matter of grace, not of right; it is distinguished from pardon, however, in that the
conviction of crime is not nullified. The commutation, hence, may be granted on
condition that the criminal observe certain restrictions for the balance of his
original sentence. Many states have statutes providing for commutation of
sentence as a reward for good conduct during imprisonment. Once earned, the
commutation becomes a matter of right and may be enforced by court action.
Commutation of sentence also benefits inmates sentenced to a fixed or
determinate sentence, which renders him or her ineligible for parole.

Commutation of sentence changes the original fixed sentence to a lesser

indeterminate sentence, which will then enable the beneficiary to be release on
parole. Commutation is also appropriate to use with convicts sentenced to several
counts. The sentence may be commuted to one single indeterminate sentence
through commutation and rendering the recipient to avail of parole after serving
the minimum sentence.

1. Purposes of Commutation

i. To break the rigidity of the law.

ii. To extend parole in cases where the parole law do not apply.

iii. To save the life of a person sentenced to death.

2. Conditions for a Sentence to be commuted

i. The petitioner must have served at least one-third (1/3) of the minimum
indeterminate sentence or the following portions of his prison sentence
constituting the Reclusion Perpetua;

ii. At least ten (10) years if convicted of robbery with Homicide. Rob berry with
Rape or Kidnapping with Murder;

iii. At least eight (8) years if convicted of simple murder. Parricide, rape or
violation of anti-drug laws;

iv. At least twelve (12) years if given two (2) or more sentence for Reclusion
Perpetua;"
"v. At least twenty (20) years in case of (1) death sentence which was
automatically commuted to Reclusion Perpetua; and

vi. At least twenty-five (25) years in case of two (2) sentences of Reclusion
Perpetua.

C. Reprieve. – The act of postponing the enforcement of a sentence, particularly a

death sentence, to allow an appeal.

Reprieve is also another prerogative exercised by the President of the Philippines.

Generally, it is applied to death sentences already affirmed by the Supreme Court.
But it can also be invoked in another cases that have become final. Reprieve is a
temporary stay of the execution of a sentence. In death sentences, the date of
execution of the convict is held in abeyance for a certain period to enable the
Chief to temporarily stay execution of sentence.

Like pardon, the President can only exercise reprieve when the sentence has
become final. Generally, reprieve is extended to death penalty prisoners. The date
of execution of sentence is temporarily postponed indefinitely to enable the Chief
Executive to thoroughly study the petition of the condemned man for
commutation of sentence or pardon.

D. Remit Fines and Forfeitures. – Prevents the collection of fines or the

confiscation of forfeited property; it cannot have the effect of returning property

which has been vested in third parties or money already in public treasury.

LESSON 3. PROBATION

Probation – Probation as a term and as a procedure is derived from the Latin word
“PROBARE” meaning to PRAVE. Therefore, as the term Latin Etymology states,
probation involves the testing of an offender and proving that he's worth of his
freedom. It is a procedure whereby the sentence of an offender is suspended,
while he is permitted to remain in the community, subject to the control of the
court and under the supervision and guidance of probation officers. A disposition
under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of probation officers.

Probationer – It means a person placed on probation.

Probation Officer – It means one who investigates for the court a referral for
probation or supervises a probationer or both; and performs other related duties as
directed.

Petitioner – A convicted defendant who files a formal application for probation.

A. Basic Concepts on Probation"

"The following are the basic concepts of Probation:

1. As a system of instruction. – The probationer will be placed under the

supervision of probation officer who shall be directly in charge of supervising and
monitoring the progress of the rehabilitation program based on the conditions
imposed by the court. Such control of the court shall be considered continuing in
character until such time that the court orders the discharge from probation of the
convict.

2. Suspended Imposition of Sentence. – Probation consists of the conditional

suspension of the execution of sentence while the convict in placed under
suspension and is given individual guidance and treatment programs.

3. Provision for Individualize Treatment Program. – The basic purpose for

probation is to provide an individualized treatment program offering a first time or
unhardened convict as an opportunity to be rehabilitated without institutional
confinement or imprisonment, under the tutelage of a probation officer and under
the continuing power of the court to impose institutional punishment for his
original offense in the event that he abuse such opportunity, and courts have a
wide direction to accomplish such intent.

B. Forerunners of Probation Probation was first legally established in the United

States, but to trace its origins, it is important to know the earlier schemes for
humanizing criminal justice under the common law of England. These procedures
were found in the laws and customs of England and were adopted by the colonists
who settled in the eastern shores of United States. Probation as a practice is
believed to have been the product of the following olden practices, such as:

1. Money Compensation. – Which is a precursor of our use of fines and restitution

today, introduced by the Laws of Babylon, Greece and Rome, for those crimes
which did not affect the safety of the state. Slaves having nothing of value to offer
as compensation received unmitigated cruel punishments.
2. Cities of Refuge. – Sanctuaries where the accused was safe pending in an
investigation of his criminal responsibility, introduced by the Jewish law for those
who killed without premeditation. The Jews also gives some consideration for the
individual in lesser penalties for impulsive offenses than for planned musder"

"3. Benefits of the Clergy. - Dating back to the reign of HENRY III the 13th
century. It originated in a compromise with the church which had maintained that
a member of the clergy brought to trial in a king's court might be claimed by the
bishop or chaplain representing him on the ground that the prisoner was subject to
the authority of th ecclesiastical court only.

4. Judicial Reprieve. – Judicial reprieve is a device of modifying the severity of

the law, by temporary suspension of the sentence. This practice was much used by
the early English judges and grew up at a time when new trials or appeals to
another court were impossible under the common law, but it continued in use
thereafter. Early in the 17th century with the establishment of settlement in
America, English Courts began to grant reprieves to prisoners under sentence of
death on condition that they accept deportation.

5. Recognizance. – This is an older method of suspending or deferring judgment,

for good behavior. This was based in an ancient practice developed in England in
the 14th century. It originated as a measure of preventive justice, involving an
obligation or promise, sworn to under court order by a person not yet convicted
but though likely from the information before the court to have commit a crime
that he would keep the peace and be for good behavior. It is the direct ancestor of
probation. The earliest recorded use of recognizance in the United States occurred
in 1830 in a Massachusetts courtroom in the case of the

COMMONWEALT VS. CHASE. Presiding Judge OXENBRIDGE

THATCHER of the Municipal Court of Boston set forth the nature of

recognizance:

6. Banishment/Transportation. – This is a form of punishment which is done by

indenturing the convicts to penal colonies where they serve as slave until they
completed their service of sentence. Transportation of offenders to penal colonies
was practiced principally by European Countries that had acquired distant
colonies because of the need to import labor into these colonies.

C. Founders of Probation

The following are the notable personalities in the field of Probation:"

"1. JOHN AUGUSTUS (Boston, Massachusetts). - A Boston shoemaker
traditionally known as initiator of probation process. He coined the term probation
and is viewed as its founder. He was later called the “Father of Probation”. The
first American probation officer who developed several features that later became
he characteristics of the probation system.

2. MATHEW DAVENPORT HILL( bimingham England)– An English Lawyer

who had introduced the practice of suspending sentence and releasing the offender
under supervision in England.He

was later called the “Father of Probation in England”.

3. TEODULO C. NATIVIDAD. – Co-sponsored house bill no. 393 entitled“An

Act Establishing Probation in the Philippines: Providing probationOfficers
therefore and for Other Purposes.” He is known as the“Father of Probation in the
Philippine”.

D. Historical Background of Probation

1. United States

While the theory of probation can be traced to the long standing custom of the

Anglo – American Courts to suspend judgment in certain cases, in practice it

originated it in 184. When JOHN AUGUSTUS, a Boston shoemaker, was
interceding with courts to suspend the sentence of youthful offenders and
alcoholics and agreed to supervise the behavior of these offenders in lieu of prison
term placing them in his charge. By the time he died in 1859, he had made himself
responsible for nearly 2000 persons. At about 1870, FATHER COOK, also of
Boston, became interested in youth who were tried before in courts in and whose
cases were due to circumstances rather than character. After investigating each
case and finding the offender not too hardened and still susceptible to reform, he
made himself available to the court as adviser to these offenders. Judges realize
the importance of his work in reform of the young criminals so that they placed
convicted young offenders under his charge in 1878.

The first probation law was passed by the legislature of Massachusetts and signed
into law by GOVERNOR ALEXANDER B. RICE on April 26, 1878. The first
statute provided for a paid probation officer for adult offenders. And it provided
for the appointment and prescribed the duties of a salaried or paid probation
officers for the courts."

"EDWARD H. SAVAGE,

an Ex-chief of police of Boston, was named probation

officer, thus becoming the first probation officer employed by the government

or first paid probation officer. In 1891, Massachusetts was followed by other

states. March 4, 1925, all but six of the states in the United States, the district

of Colombia and federal government had probation. The federal probation act

of 1925 became law on March 04, 1925. It was signed into law by

PRESIDENT CALVIN COOLIDGE.

HUBER LAW (1913).

- A United States Law in Wisconsin permitting prisoners

not so dangerous to society to be gainfully employed during the day while

residing in jail.

FLASH SHEET.

– Probation Officer shall notify all police agencies by sending a note that
Probationer is under his supervision.

SURSIS (1888-1891).

- A unique probation method was introduced in France and Belgium which

provided a probation with no supervision on the condition that no further offense
will be committed within a prescribed period.

2. Philippines

Presidential Decree No. 968 which established a probation system as a less costly
alternative to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs is the second legislation that
enforces a probation system in the country. The first legislation was ACT NO.
4221 enacted by the Probation Officer under the Department of Justice, Led by a
Chief Probation Officer appointed by the American

Governor General with the advice and consent of the U.S. SENATE. However,
because of some defects in the law Act No. 4221 was declared unconstitutional on
November 16, 1937 in the case of People vs. Vera (37O.G. 164) ,for undue
delegation of legislative power.

In PEOPLE VS. VERA 37 O.G. 164. The constitutionality of the probation law
(act no. 4221) was challenged on three (3) grounds:

1. That said act encroaches upon the pardoning power of the chief
executive/president;

2. That it constitutes an undue delegation of legislative power; and

3. That it denies the equal protection of laws." "The supreme court in declaring act
no. 4221 unconstitutional on November 16, 1937, held that the act was a surrender
of legislative power to the provincial boards for its application was left to their
determination in providing for the salary appropriation and also on the ground that
not all provinces could afford financially to implement probation consonant with
the equal protection of law. It was considered class legislation. Under this law
probation existed only in cities and municipalities which were given
appropriations for said purpose by legislature. The first probation act stayed in the
statute books for only two (2) years. The ill-fated act was not repugnant to the
1935 constitution per se it was only the procedural framework that was
antagonistic with the constitution charter.

In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO

C. NATIVIDAD and RAMON BAGATSING tried to revive the Probation

System but did not pass Congress.

PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD

ANDYOUTH WELFARE CODE was passed to avail, PROBATION TO MINOR
OFFENDERS. It amended Article 80 of the Revise Penal Code by raising the age
of minority to under 21 years of age at the time of the commission of the offense.

The turning point of the Probation law came in the late 1974 when the National
Defense Secretary JUAN PONCE ENRILE as concurrent chairman of
NAPOLCOM created the Inter-Disciplinary Committee on crime Prevention
chaired by then commissioner TEODULO C. NATIVIDAD.

The NAPOLCOM, acting on a report submitted by the Philippine Delegation to

the 5th UN CONGRESS on the Prevention of Crime and the Treatment of
Offenders, created an interdisciplinary committee tasked with formulating a
National Strategy to Reduce Crime and drafting a Probation Law. On July 22- 24
1976, the First National Conference on strategy to reduce crime was held at Camp
Aguinaldo, Quezon City. This was attended by nearly 800 delegates, guest, and
observers from various components of the Criminal Justice System.

After many hearing and extensive consultations the draft decree was presented to
a selected group of 369 jurist, penologist, civic leaders and Social and Behavioral
Scientist and practitioners. These selected group overwhelmingly endorsed the
establishment of an ADULT PROBATION SYSTEM in the country.

Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO.

968, otherwise known as the ADULT PROBATION LAW OF 1976, was" "signed
into law by then PRESIDENT FERDINAND E. MARCOS. P.D. NO. 968
establish the PROBATION ADMINISTRATION UNDER THE DEPARTMENT
OF JUSTICE (DOJ). P.D. NO. 968 seeks to afford adult offenders what others
like drug addicts and youth are already enjoying under existing laws and what
offenders in other countries have long been entitled to On November 1989 a new
administration code transferred the function ofsupervising parole and pardoned
officers from trial courts to the probation administration. The code also changed
the name of the agency to Parole and Probation Administration (PPA) in order to
reflect the changed made by said law. in 1991, the PPA was assigned the new
tasked of conducting pre-parole and executive clemency investigations in all city
and provincial jails and preparing pre-parole reports for the board of pardons and
parole. At present, Some Bills filed in Congress to extend the coverage of the
Probation Law to include offenders sentenced to twelve (12) years imprisonment
instead of the present ceiling of six (6) years. There are also move to amend or
repeal P.D. No. 1990 which provides that an application for probation shall no
longer be entertained or granted if the convicted offender has appealed against
conviction.

E. Probation Law of the Philippines Presidential Decree No. 968 – The Probation
Law of 1976. Also known as the “Adult Probation Law”.
1. Reason for its enactment:

a. The establishment of a more enlightened and humane correctional system that

will promote the reformation of offenders;

b. Reduce the incidence of RECIDIVISM;

c. To remedy the onerous drain on the financial resources of the country; and

d. The need to provide a less costly alternative to the imprisonment of offenders

who are likely to respond to individualized community based treatment programs.

2. Basic Elements of Probation The following are the basic elements of

probation:" "a. A suspension of the sentence;

b. A period at trial for the offender in the community;

c. The offender’s observance of the law and the adherence to the condition
imposed by the court; and

d. The supervision of the offender by a probation officer.

3. Essential Elements of Probation

The following are the essential elements of Probation:

a. A post-sentence investigation report which will serve as the informational basis

for the court's decision to grant or deny probation;

b. The conditional suspension of execution of sentence by the court;

c. Conditions of probation imposed by the court to protect public safety and to

foster the rehabilitation and reformation of the probationer; and

d. Supervision, guidance and assistance of the offender by the probation officer.

4. Purpose of Probation

The following are the purpose for the enactment of the Probation Law:

a. To promote the correction and rehabilitation of an offender by providing him

with individualized (personalized), community based treatment;

b. To provide an opportunity for his reformation and reintegration into the

community; and
c. To prevent the commission of offenses.

5. Grant of Probation Probation is a Privilege and, as such, its grant rest solely
upon the discretion of the court. The grant of probation results in the release of the
petitioner subject to the terms and conditions imposed by the court and to the
supervision of Probation Office.

In the case TOLENTINO VS. JUDGE ALCONCEL – It was held: “that probation
is a mere privilege and its grant rest solely upon discretion of the" "court and is
privilege for the benefit of society and only incidentally for the benefit of the
accused.”

In BACLAYON VS. MUTIA – The SC held that “An order placing defendant on
“probation” is NOT a “sentence” but is rather in effect a suspension of the
impossible 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 for his reformation, to be followed by a final
judgment of discharge, if the conditions of the probation are complied with, or by
a final judgment of sentence if the conditions are violated.

6. Persons Qualified for Probation

Any sentenced offender, 18 years of age above not otherwise disqualified under
PD 968 as amended can apply for probation before serving the sentence which
may either be imprisonment or a fine with subsidiary imprisonment, or both
imprisonment and fine.

7. Persons Disqualified for Probation

The following are the persons disqualified for probation:

a. Those sentenced to serve a maximum term of imprisonment of more than six

years (6) imprisonment;

b. Those convicted of subversion or any crimes against national security and

public order;

c. Those who were previously 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 ( P200.00 );
d. Those who have been once on probation under the provisions of P.D. No. 968,
as amended; and

e. Those who are already serving sentence at the time the substantive provision of
the decree became applicable pursuant to section 33 of PD 968. (As amended by
BP Blg. 76 and PD 1990, Oct. 5, 1985).

8. Objectives of Probation

The Supreme Court declared that as probation provides a period of grace in order
to aid in the rehabilitation of penitent offender, taking advantage of an opportunity
for reformation and thereby abort their development into hardened criminals, the
welfare of society which is its chief aim would be enhance. In this" "regard, the
SC stressed that the benefit of probation to the individual convicts is MERLY
INCIDENTAL. As presently enacted into PD 968 as amended, the objectives of
probation are as follows:

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 offense.

9. Where to File a Petition for Probation The application for probation shall be
filed with the court that tried and sentenced the offender at any time before the
imprisonment starts.

10. Procedure of Filing for Probation

The following are the procedure in filing the petition for probation:

a. The defendant must file before the trial court an application for probation within
15 days after he has been sentenced but before he begins to serve the sentence. If
the defendant has been convicted and has appealed the sentence of conviction, an
application for probation cannot be entertained (PD 1990). The prosecuting officer
concerned shall be notified by the Court of the filing of such application and may
submit his comments within 10 days from noticed.
b. The application should be entertained by the court by ordering the probation
officer to conduct an investigation of the offender provided he is not disqualified
under the decree, while it is discretionary with the court to grant or deny an
application for probation, the Probation Law requires that an investigation be first
conducted by the probation officer who shall submit his report within 60 days
from receipt of the court's order. Only thereafter shall the court resolve the
application, an outright denial by the court is a nullity correctable by certiorari.

11. Confidential Nature of Pre-Sentence Investigation Nature of investigation

report and supervision history of probationer. - It shall be privilege and shall not
be revealed directly or indirectly except to (a) Probation administration (b) the
court concerned. Violation of confidential nature of probation records is an
offense. Penalty is imprisonment from 0-6-1 to 6-0-0and a fine from P600 to P6,
000."

"12. Rights and Duties of the Probationer When probation is granted, the
probationer is required to obey the following conditions imposed by the Court,
such as:

a. The probationer must present himself to his Probation Officer within seventy-
two (72) hours;

b. Report to his Probation Officer in-charge of his supervision at least once a

month;

c. Not to commit any offense; and

d. Comply with any other conditions imposed by the court.

13. Period of Probation

Once the probation has been granted, it must not exceed with the following
limit,such as:

a. Not more than two (2) years if the probationer was sentence toimprisonment of
one (1) year or less;

b. Not more than six (6) years if the probation was sentence toimprisonment of
more than one (1) year; and
c. When the sentence imposed 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 twice the total number of days of subsidiary imprisonment.

14. Effects of probation on accessory penalties Accessory penalties are deemed

suspended once probation is granted. There are two mandatory conditions of
probation, such as:

a. To present himself to the Probation Office concerned for supervision within 72

hours from receipt of said Order;

b. To report to the Probation Officer at least once a month during the period of
probation.

15. Supervision of Probationer Probationers report to their probation office"

"The PO sees to it that the conditions of probation as given by the court are
followed.

Probationers are helped to develop themselves, to learn the skills if they do not
have any, and to be gainfully employed so they can be useful members of the
society, houses visits and follow-up in their places of work may be done if needed.
The PO makes regular reports about the probationer to the court.

16. Violation of Probationer If the conditions of probation have been violated he

will suffer the following consequences:

a. The probation officer investigates the alleged violation and if it is established, a

report is submitted to the court. There can be modification of condition of
probation by the court, depending on the nature and. seriousness of the violation;

b. There is also the possibility of arrest including criminal prosecuting of the

probationer in the event of commission of another offense. The revocation
proceeding is summary. If the court finds the probationer guilty of serious
violation of the conditions of probation he may be ordered to serve the original
sentence imposed on him.

17. Grounds for Revocation of Probation The grant of probation will be revoke if
the probationer commits the following:

a. Failure to comply with any condition; and

b. Commission of another offense. What constitute commission of another offense
or violation of penal law? Is it, the act of committing or perpetrating a crime? Or
conviction for the commission of said offense?

Answer: Supreme Court ruled that conditions violated by the pardonee or parolee
on judicial condition are not necessary. Supreme Court revoked probation on the
basis of a subsequent final judgment without remaining the case to the probation.

18. Modes of Termination The probation will be terminated by either of the

following:

a. The successful completion of program of probation; and

b. Revocation for cause, or death of the probations." "The probation officer shall
prepare a Termination Report 30 days before the termination of the probation.

19. Legal Effects of Discharge The legal discharge of the probationer from
probation has the following effects, such as:

a. Probation shall restore to him all civil right lost or suspended as a result of the
conviction; and

b. Shall fully discharge his liability for any fine imposed as to the offense for
which probation was granted.

20. Qualification of a Volunteer Probation Aide Anyone who are aspiring to

become a volunteer probation aide shall possess th following requirements, such
as:

a. A citizen of good repute and integrity;

b. At least 18 years of age;

c. Appointed by the Probation Administration;

d. Assist the Probation Officers and Assistant Probation Officers in

theinvestigation and supervision; and

e. Not entitled to salary but is given reasonable travel allowance.

LESSON 4. PAROLE
PAROLE - It consists in the suspension of the sentence of a convict after serving
the minimum of the sentence imposed without granting a pardon, prescribing the
terms upon which the sentence shall be suspended. It is a procedure by which
prisoners are selected for release on the basis of individual response and progress
within the correctional institution and a service by which they are provided with
necessary controls and guidance as they serve the reminder of their sentences
within the free community.

The word “PAROLE” - is a French word and is used here in the sense of word of
honor. Thus, the implication was that the prisoner would gave his word (or word
of honor) that he would abide by the term of his conditional releases. Parole refers
to the conditional release of an offender from a penal or correctional institution
after he has served the minimum period of his prison sentence under the"
"continued custody of the State and under conditions that permit his reincarnation
if he violates a condition for his release.

A. Development of Parole In Europe, two persons who are administrators in the

early 19th century contributed to the development of parole and they are
Menthesinos of Spain and Abermanior, a German. But it was Captain Alexander
Maconochie, penal superintendent at Norfolk Island colony, Australia, who in
1840 originated the use of ticket of leave, or conditional release equivalent to
parole. Alexander Maconochie was then called the “Father of Parole”.

B. Historical Background of Parole

1. Parole in America It is said that the first man to use the word “Parole” was Dr.
S. G. HAWE of Boston who used word in a letter to the prison association of New
York in 1846. But it was in 1869, after some American prison reformers who
observed the Irish Prison System instituted by Sir Walter Crofter that led to the
approval of the law creating the Elmira Reformatory in New York, which was
inaugurated in 1876, and this famous institution can be said to be the beginning of
parole in the United States. With ZEBULON R. BROCKWAY, as superintendent
at Elmira, using the indeterminate sentence in compulsory developed parole which
soon spread to other states of the United States. By 1910, the federal government
and thirty two states had adopted the parole system. Totally, parole is being used
in some form or another in almost all of the states of the United States, as well as
other countries includin Philippines.
2. Parole in the Philippines Parole in the Philippines is governed by the
INDETERMINATE SENTENCE LAW, also known as ACT NO. 4103, Dated
December 05, 1933, and this law was subsequently amended by ACT No. 4225,
and later in June 19, 1965 by Republic Act No. 4203.

C. Concept of Parole Administration Parole in the Philippines is administered by

the Board of Pardons and Parole, who shall composed of the Secretary of Justice
as chairman and four members to be appointed by the President with the consent
of the Commission on Appointments and shall hold office for four tears of the
appointed members, one member shall be trained sociologist, one a clergyman or
educator, one psychiatrist, and other members shall be persons" "qualified for the
work by training and experiences. At least one member of the board must be
woman.

1. Effects of Parolee’s Behavior If during the surveillance such parole prisoner

shall show himself to be a law abiding citizen and shall not violated any of the
laws of the Philippine Islands, the Board of Indeterminate sentence may issue a
final certificate of release in his favor, which shall entitled him to final release and
discharge.

2. Effects of the Violation of Parole Conditions When any prisoner release on

parole by virtue of this act, shall, during the period of surveillances, violate3 any
condition of his parole, the Board of Indeterminate Sentence may issue an order
for his re-arrest which may serve in any part of the Philippine Islands by any
police officer. In such case the prisoner so re-arrested shall serve the remaining
unexpired portion of the maximum sentence for which he was originally
committed the prison, unless the Board of Indeterminate Sentence shall grant a
new parole to the said prisoner.

D. Elements of Parole

The following are the elements of parole:

1. That the offender is convicted;

2. The he serves part of his sentence in prison;

3. The he is released before the full expiration of his sentence;

4. That said release is conditional, defending on his good behavior; and

5. That he remains on parole until the expiration of his maximumsentence.

E. Objectives of ParoleThe parole has the following objectives, such as:

1. To uplift and redeem valuable human resources material to

economic""usefulness; and

2. To prevent unnecessary and excessive deprivation of personal liberty.

F. Person Eligible for Parole

-A prisoner is eligible for the grant of parole unless otherwise disqualified upon
showing that is confined in a jail prison to serve indeterminate prison sentence, the
maximum period of which exceeds one (1) year, pursuant to a final judgment of
conviction and that he has serve the minimum period of said sentence less the
good conduct time allowance earned.

G. Discharge of Parole

A prisoner may be granted a “Discharge on Parole” whenever the Board finds that
there is a reasonable probability that if released, the prisoner will be law- abiding
and that his release will not the interest and welfare of the society. The Board of
Pardons and Parole will order the release from confinement of a prisoner granted
parole.

H. Principles of Parole

The parole in the Philippines has the following principles, such as:

1. The government extends to the convicts a privilege by releasing them from

prison before their full sentence is served;

2. The government enters a release contract with the convicts in exchange for their
promise to abide by certain conditions;

3. Convicts who violate the law or the conditions of parole can returned to prison
to complete their sentences; and

4. The government retains control of parolees until they are dismissed form
parole.

I. Disqualified for Parole

The following are the persons disqualified for Parole:

5. Those convicted of an offense punished with Reclusion Perpetua( Life

Imprisonment );

6. Those convicted of treason, conspiracy of proposal to commit treason;

7. Those convicted or misprision of treason, rebellion, sedition or"

"espionage;

8. Those convicted of piracy or mutiny on the high seas or Philippine Waters;

9. Those who are habitual delinquents, is those who are within a period of ten
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 said crimes a third time or oftener;

10.Those who escaped from confinement or evaded sentence;

11.Those who are granted conditional pardon and violated any of the terms
thereof;

12.Those whose maximum term o0f imprisonment does not exceed one ( 1 ) year
or are with a definite sentence;

13.Those suffering from any mental disorder as certified by psychiatric report of

the Bureau of Corrections or the National Center for Mental Health;

14.Those whose conviction is on appeal;

15.Those who have a pending criminal case for an offense committed while
serving sentence.

16.Those convicted of offenses punished with reclusion perpetua, or whose

sentences were reduced to reclusion perprtua by reason of Republic Act No. 9346
enacted on June 24, 2006, amending Republic Act No. 7659 dated January 1,
2004; and

17.Those convicted for violation of the laws on terrorism, plunder and

transnational crimes.
J. General and Special Considerations for the Grant of Parole In the grant of
Parole there are general and special considerations, the general considerations are
the following:

1. Evidence that the petitioner will find legitimate source of livelihood upon
release;

2. Petitioner has a place to establish residence; and "

"3. Availability of after-care services for old, seriously ill or physically disable
petitioner. While, the special considerations for the Grant of Parole are:

1. Old age, provided the inmate is below 60 years of age when crime is
committed;

2. Physical disability, provided such physical disability is not present when the
crime was committed;

3. Serious illness duly certified by a government physician; and

4. Similar circumstances which show that the continued imprisonment will be

inhumane or will pose grave danger to the life of the petitioner.

K. Basic Guidelines for the Grant of Parole The Board may grant a petitioner
parole based on reports regarding the petitioner’s work and conduct and on the
study and investigation by the board itself and its finds the following
circumstances are present, such as:

1. The prisoner is fitted by his training for release;

2. That there is a reasonable probability that, if released, he will live and remain at
liberty without violating the law; and

3. That is release will not be incompatible with welfare of society.

L. Rules after Grant of Parole After the grant of Parole there are several rule a
probationer needs to follow or observe until his release form Parole, such as:

1. Transfer of Residence. – A parolee may not transfer from one place ofresidence
designated in his release Document without the prior written approval of the
regional Director subject to confirmation of the Board.
2. Outside Travel. – The Chief Probation and Parole Officer mayauthorize a
parolee to travel outside his area of operational jurisdiction for a period of not
more than 30 days. A travel for more than 30 days shall be approved by Regional
Director.

3. Travel Abroad and/or Work Abroad. – Any parolee under active

supervision/surveillance who has no pending criminal case in any court" "may
apply for overseas work or to travel abroad. However, such application for travel
abroad shall be approved by the PPA Administrator and confirmed by the Board.

4. Death of the Parolee. – If a parolee dies during parole supervision, the PPO
shall immediately transmit a certificate true copy of the parolee’s death certificate
to the Board recommending the closing of the case.

Note: Absence of the death certificate of the parolee, an affidavit narrating the.
circumstances of the fact of the death from the barangay chairman or any
authorized officer or any immediate relative where the parolee resided, shall
suffice.

M. Arrest of Parolee

Any infraction by a client of the terms and conditions appearing in his release
document or any serious deviation or non-observance of the obligations set in the
parole supervision program shall immediately reported by his Parole and
Probation Officer to the Board. Upon receipt of an infraction report, the Board
shall immediately order the arrest of the client of the Parole and shall be made to
serve the remaining unexpired portion of the maximum sentence for which he was
originally committed to prison.

N. Termination of Parole Supervision

After the expiration of the maximum period of the sentence of a client provided he
does not commit any infraction and the Board may, upon the recommendation of
the Parole and Probation Officer, issue a certificate of Final Release and
Discharge to a Parole.

LESSON 5. PAROLE AND PROBATION ADMINISTRATION

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

1. Vision A model component of the Philippine Correctional System that shall

enhance the quality of life of its clients through multi-disciplinary programs and
resources, an efficient organization, and a highly professional and committed
work force in order to promote social justice and development.

2. Mission"

"To rehabilitate probationers, parolees and pardonees and promote their

development as integral persons by utilizing innovative interventions and
techniques which respect the dignity of man and recognize his divine destiny.

3. Mandate The Parole and Probation Administration is mandated to conserve

and/or redeem convicted offenders and prisoners who are under probation or
parole system.

A. Goals and Functions of the PPA

The Administration’s programs sets to achieve the following goals:

1. Promote the reformation of criminal offenders and reduce the incidence of

recidivism; and

2. Provide a cheaper alternative to the institutional confinement of first- time

offenders who are likely to respond to individualized, community- based
treatment programs. To carry out these goals, the agency through its network of
regional and fiel parole and probation officers performs the following functions.

:1. To administer the parole and probation system;

2. To exercise supervision over parolees, pardonees and probationers;and

3. To promote the correction and rehabilitation of criminal offenders.

B. Core Values

The PPA has the following Core Objectives, such as:

1. Performance

Efficient and effective accomplishment of task and targets, beginning with

individual officials and employees and throughout all units in the organizational
hierarchy, linked coherently and progressively toward the Agency Mission, Vision
and strategic goals.

Teamwork – Working together to achieve shared goals.

Resourcefulness and Innovativeness – Exploring resources with ingenuity,

optimizing opportunities with creativity".

"2. Professionalism

High level of proficiency on the job resulting from mastery and

conscientious application of appropriate knowledge and skills, honed by sound
judgment, self-discipline and unceasingly striving for excellence. and founded on
a code of conduct that respects the dignity of clients and fellowmen.

Role Modeling – Serving and inspiring by example.

Professional Excellence – Achieving high standards for ethical and quality

service.

3. Accountability

Inherent obligation of every official and employee to answer for decisions,

actions and results within his/her authority, including proper and effective
utilization of resources in support of Agency policies and programs, with timely,
compete and accurate disclosure in required reports.

Responsibility – Achieving expectations, answering for results.

Honesty and Integrity – Being upright and transparent in transactions and

relations.

C. Service Objectives The PPA has the following service objectives, such as:
1. To provide the court with relevant information and judicious recommendation
for the selection of offenders to be placed on probation;

2. To provide the Board of Pardons and Parole with necessary and relevant
information which can be used in determining a prisoner’s fitness for parole or
any form of executive clemency;

3. To provide the Dangerous Drugs Board with pertinent information and prudent
recommendations for the determination of first-time minor drug offenders to be
placed on suspended sentence;

4. To effect the rehabilitation and integration of the probationers, parolees,

pardonees and first-time minor drug offenders as productive, law-abiding and
socially responsible members of the community"

"5. To prevent recidivism and protect the community through a well- planned
supervision of probationers, parollees, and first-time minor drug offenders;

6. To make use of innovative, and financially and technically feasible projects to

uplift the moral, spiritual, and economic condition of probationers, parolees,
pardonees, and first-time minor drug offenders by utilizing available community
resources as much as possible;

7. To continuously asses and improve professional performance in post- sentence,

pre-parole/executive clemency, and suspended sentence investigation, case
management, and other related works;

8. To periodically review the Probation Law and its implementing rules so as to

reconcile the same with the evolving realities in the field; and

9. To assiduously observe and uphold the professional ethics in the delivery of

services.

D. Administrative Objectives

The PPA has the following administrative objectives, such as:

1. To optimize operations through the following:

a. Maximum functioning of existing units according to their respective duties;

b. Systematic expansion of services, according to the demands of probation work
and available resources; and

c. Judicious utilization of limited agency resources so as to obtain desired results

in the best manner possible with the least expenditures of time, efforts and money.

2. To achieve a united approach to Agency goals through integrated planning and

constant coordination among all units;

3. To develop a more efficient an up-to-date system for the collection, collation

and analysis of data relative to probation, parole and suspendent sentence case
loads, and their management;

4. To recruit qualified employees and volunteer aides, and to promote their

continuing professional development;"

"5. To continuously improve staff and line service through adequate personnel
supervision, relevant research, and periodic evaluation;

6. To generate greater public and inter-agency support for probation through an

integrated and systematic public information programs;

7. To actively participate in government’s jail decongestion program, and in this

connection, to give priority to detention prisoners in our public information drives;
and

8. To cooperate and coordinate with other agencies of the government in the

accomplishment of national program thrusts.

E. Restorative Justice

It is a Philosophy and a process whereby stakeholders in a specific offense resolve

collectively how to deal with the aftermath of the offense and its implications 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
the community – to be directly involved in responding to the harm caused by the
crime. Its ultimate objective is restore the broken relationship among stakeholders.

The Restorative Justice process provides a healing opportunity for affectedparties

to facilitate the recovery of the concerned parties and allow them tomove-on with
their lives. According to John Braithwaite, restorative justice is a process where
all stakeholders by an injustice have an opportunity to discuss how they have been
affected by the injustice and to decide what should be done to repair the harm.
With crime, restorative justice is about the idea that because crime hurts, justice
should heal. It follows that conversion with those who have been. hurt and with
those who have inflicted the harm must be central to the process.

LESSON 6. PARDON

A. Concept of Pardon

Pardon is a form of Executive Clemency which is exercised by the Chief

Executive. It is an act of grace and the recipient of Pardon is entitled to it is as a
matter of right. The exercise of pardon is vested in the executive, is discretionary
and is not subject to review or judicial notice by the court.

Neither does the Legislative Branch of Government have the right to establish
condition nor provide procedures for the exercise of the same. Hence, it is
vulnerable for abuse by the executive".

"Pardon begun from the Pre-Christian Era. In fact the Holy Bible contains an
illusion where a criminal was released and pardoned by the King at the time Christ
was crucified. The exercise of pardoning power has always been vested in the
hands of executive branch of the government whether a king, queen, president or
governor.

In England, pardon developed out of the conflict between the King and the Nobles
who threatened his power. Pardon was applied to members of the Royal family
who committed crimes, and occasionally to those convicted of offenses against the
Royal Power. It was the general view that the pardoning power was the exclusive
prerogative of the King.

In the United States, pardon among early American colonies was a carry-over of
English practice. The Pardoning power was exercised by the Royal Governor
through the power delegated by the King. After the declaration of independence,
the Federal and State Constitutions vested the pardoning power on the President of
the United States and the Governors in Federal and State cases respectively.

B. Two Kinds of Pardon

There are two kinds of Pardon such as:

1. Absolute Pardon – refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to
the individual his civil rights and the penalty imposed for the particular offense of
which he was convicted.

2. Conditional Pardon – It refers to the exemption of an individual, within certain

limit s or conditions, from the punishment which the law inflicts for the offense he
has committed resulting in the partial extinction of his criminal liability

C. Purposes of pardon Pardon has the following purposes, such as:

a. To do away with the miscarriage of justice;

b. To keep punishment abreast with the current philosophy concept orpractice of

criminal justice administration; and

c. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period."

"D. Legal Effects of Pardon The legal effect of pardon is to restore not only the
convict’s liberty but also his civil and political rights. However, in the case of
Monsanto vs. Factoran (170 SCRA 190), the Supreme Court declares that “Pardon
does not ips facto restore a convicted felon to public office necessarily
relinquished or forfeited by reason of the conviction although such pardon
undoubtedly restores his eligibility for appointment for that office.”

E. Revocation of Conditional Pardon by the Chief Executive is not reviewable by

the Court.The determination of violation of conditional pardon rest exclusively in
the sound judgment of the Chief Executive and the Courts will not interfere by
way of review with any of its findings (Espuelas vs. Provincial Warden of Bohol,
108 Phil. 353).

F. Limitations on the Pardoning Power of the State The grant of pardon has the
following limitations, such as:

1. Pardon cannot be extended to cases of impeachment;

2. No pardon, parole or suspension of sentence for the violation of any election

law may be granted without favorable recommendation of the commission on
elections;

3. Pardon is exercised only after conviction; and

4. Pardon must yield to the Doctrine of Separation of Powers. A pardon cannot be
extended to a person convicted of legislative contempt.

G. Requisites of Conditional and Absolute Pardon

1. For Conditional Pardon

a. The petitioner must at least served one-half (½) of the minimum of his
indeterminate sentence of the following portions of his prison sentence;

b. At least two (2) years of the minimum sentence if convicted of murder or

parricide but not sentenced to Reclusion Perpetua;

c. At least one (1) year of the minimum sentence if convicted of homicide;

d. At least nine (9) months if convicted of frustrated homicide; and

e. At least six (6) months if convicted of frustrated homicide".

"2. For Absolute Pardon

a. Ten (10) years must have been elapsed from the date of release of the petitioner
from confinement; or

b. Five (5) years from the date of expiration of his maximum sentence, whichever
is more beneficial to him. Exception: However, the board may consider a petition
for absolute pardon even the lapse of the aforementioned periods in special cases
such as:

a. When the petitioner is seeking reinstatement in the government service;

b. When the petitioner needs medical treatment which is not available locally;

c. When petitioner will take a Government or Bar Examination;

d. When Petitioner is emigrating;

H. Who will conduct the Conduct and Activities of the Petitioner for Absolute
Pardon?Upon receipt of the petition for the grant of Absolute Pardon, the Board
shallrefer the petition for absolute pardon to a Probation Officer and the same
willinvestigate the conduct, activities as well as the social and economicconditions
of the petitioner prior to his conviction and since release from prison.

I. Difference between Amnesty and PardonPardon includes any crime and is

exercised individually by the Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political prisoners. Pardon is exercised
when the person is already convicted while amnesty may be given before trial or
investigation is made.

LESSON 7. INDETERMINATE SENTENCE LAW (ISLAW)

The basic mandate of the Indeterminate Sentence Law is the imposition of an

indeterminate sentence which is comprised by a Minimum term and a Maximum
term. The court instead of imposing a “straight” penalty, the court must determine
two penalties. It is indeterminate in the sense that after serving the Minimum, the
convict may be release on parole, or if he is not fitted for release he shall continue
serving his sentence until the end of the maximum." "Indeterminate Sentence is a
sentence with a minimum and a maximum term benefit of a guilty person, who is
not disqualified therefore, when the maximum penalty of imprisonment exceeds
one year. It applies to both violations of the Revised Penal Code (RPC) and
Special Penal Law (SPL).

The purpose of the law is to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of personal liberty and economic
usefulness. As a rule, it is intended to favor the accused particularly to shorten his
term of imprisonment, depending upon his behavior and his physical, mental, and
moral record as a prisoner to be determined by the Board of Intermediate Sentence
(People vs. Onate, 78 SCRA 43). Penalties shall not be standardized but fitted as
far as is possible to the individual, with due regard to the imperative necessity of
protecting the social order (People vs. Ducusin, 59 Phil. 109).

A. Coverage of Application

As general rule, “all person convicted of any crime under Philippine Courts
regardless whether it is in violation of RPC or SPL, are qualified for the
application of Indeterminate Sentence Law.” Except, to those persons specifically
disqualified by law.

B. Applications of ISLAW

1. Violation of Revised Penal Code In case of violations of Revised Penal Code,

the court shall sentence the accused to an Indeterminate Sentence, the Maximum
Term of which shall

be that which, in view of the attending circumstances, could be properly imposed

under the Code, and the Minimum Term which shall be within the range of the
penalty next lower in degree to that prescribed by the code for the offense.

The maximum is the penalty imposed as provided by law, depending upon the
attending circumstances. The minimum is one degree next lower to the penalty
prescribed for the offense. The latter is determined without considering the
attending circumstances to the penalty prescribed, and isleft to the discretion of
the court.

Example: Homicide with one mitigating circumstance. - The maximum penalty

prescribed by law is Reclusion temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period. On
the other hand, the minimum is one degree next lower to reclusion temporal
without considering the mitigating circumstance and that will be prision mayor.
The range of prision mayor" "will depend upon the discretion of the court.
Therefore, the indeterminate penalty is a minimum of prision mayor (within the
range fixed by the court) to a maximum of reclusion temporal minimum period.
Illustrations: Derive Maximum term imposable by applying rules for aggravating
circumstances (AC) and ordinary mitigating circumstances (MC) under Article 64
and for complex crimes under Article 48.

For example in Crimes with:

a. No aggravating circumstance or mitigating circumstance, the penalty prescribed

is medium period;

b. One aggravating circumstance and no mitigating circumstance, the penalty

prescribed maximum period;

c. No aggravating circumstances and one mitigating circumstances, the penalty

prescribed is minimum period;
d. Several aggravating circumstances and mitigating circumstances; offset them
then apply the rule on remainder;

e. No aggravating circumstances with two or more mitigatingcircumstances, the

penalty prescribed is the penalty next lower in degree; and

f. If complex crime (two or more grave or less grave felonies or one offense is a
necessary means for committing the other), the penalty prescribed would be the,
penalty for the most serious crime in it maximum period.

Derive minimum term by getting the penalty one degree lower than the penalty
prescribed by the RPC, without regard to its three periods. The court has
discretion to fix as the minimum term any period of imprisonment within that
penalty next lower to the penalty prescribed.

Exception:When there is a privilege mitigating circumstance. Do not follow the

aforementioned rule. Consider the privilege mitigating first before anyaggravating

or mitigating circumstance to get the penalty prescribed and then proceed as
required by the rule on deriving term. Otherwise, the maximum of the ISLAW
will end up being lower than the minimum of the

ISLAW."

"2. Violation of Special Penal LawThe court shall sentence the accused to an
indeterminate sentence, themaximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same. (Q11, 1994 Bar)

Example: Penalty is one year to 5 years. Indeterminate sentence may be one year
to 3 years or 3 years to 5 years.

C. Disqualified Person under ISLAW

1. Convicted of offenses punished with death or life imprisonment. (Q12,1990

Bar)

2. Those convicted of treason, conspiracy or proposal to commit treason,

misprision of treason, rebellion, sedition or espionage, or piracy.

3. Those who are habitual delinquents. shall have escaped from confinement or
evaded sentence.
4. Those who having been granted conditional pardon by the President shallhave
violated the terms thereof.

5. Those whose maximum period of imprisonment does not exceed oneyear. (Q8,
1999 Bar)

6. Those already serving final judgment upon the approval of this Act (December
5, 1933).

7. Those sentenced to the penalty of destierro or suspension. (Q12, 1999 Bar)

D. Who will fix the Minimum Sentence?

In determining the minimum penalty, the law obligates the courts to fix the
penalties with the widest discretion that the courts have ever had. The
determination of the minimum term is left entirely within the discretion of the
court to fix anywhere within the range of the penalty next lower without reference
to the periods into which it may be subdivided. This obviously applies only for
offenses under the Revised Penal Code.

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

The application of the Indeterminate Sentence Law is Mandatory if

theimprisonment would exceed one year. It would be favorable to the accused.
(People v. Judge German Lee, Jr., G.R. No. L-66859. September 12,1984)

LESSON 8. THE FUTURE OF CORRECTIONS

A. The Necessity of Collaboration with the Community To ensure public safety is

the desired outcome of the criminal justice system’s intervention in rehabilitating
offenders. For this reason, criminal justice practitioners must find and must
continuously develop the most effective ways in which this goal may be achieved.
Collaboration with institutional partners is also critically important, working with
correctional officers and institutional case managers to prepare an offender for
reentry into the community. The issues facing offenders upon release are
numerous and often confounding – lack of housing, drug addiction, limited
employment options, limited education. To succeed, these needs must be
considered and a plan put in place before the offender is released. Such barriers to
successful reintegration must be addressed through partnerships with other
practitioners, service providers, and community agencies.

B. Concept of Collaborative Justice with the Community and other Service

Providers Community corrections professional cannot possibly, and should not
expect to, address the complex needs of offenders independently. Other
professionals must be involved to provide valuable information, resources, and
perspectives that will help the offender to succeed in the community.

Collaboration goes beyond sharing of resources and exchanging information;

collaboration requires that community corrections officers, court officials, and
community partners work closely with each to achieve outcomes that would not
be possible without the collaboration. Working with other criminal justice
professionals and community partners can result in supervision plans that"
"address offenders’ needs more effectively, resulting in lower court caseloads and
reduce violations and crime rate within the community. It is also true
collaboration with public, private, and community-based service providers that
community corrections can promote safer communities.

C. Challenges of Collaborative Justice

The successful implementation of a collaborative justice approach often face

many challenges, including:

3. The adversarial nature of the legal system;

4. The competition for scarce resources;

5. The potential pressure faces by elected officials;

6. The creation or existence of agencies that have overlapping,duplicative

responsibilities; and

7. The creation or existence of agencies that have missions that are incongruous.

D. Programs and services for Community-Based Corrections In 1964, the

International Community Corrections Association (formerly known as the
International Halfway House Association and, later, in 1989 as the International
Association of Residential and Community Alternatives) held out first meeting in
Chicago, with 30 people in attendance. Today, after more than 45 years, the ICCA
represents more than 250 private agencies operating over 1,500 residential and
community alternative programs, in addition to 1,000 individua members
nationally and abroad. Its members offer a variety of programs and

services which include:

1. Community-based Corrections Centers;

2. Community Corrections Programs;

3. Educational/Vocational Services;

4. Drug Testing and Treatment;

5. Tutoring Services;

7. Day Reporting Treatment;

8. Crisis Intervention;

9. Family individual Counseling

"10. Victims Services;

11. Community Service Supervision;

12. Bail Supervision;

13. Home Detention/Electronic Monitoring;

14. Neighborhood Outreach;

15. Aftercare; and

16. Transitional Housing"

 NON
INSTITUTIONA
L
CORRECTION
Submitted by:

1. MACADATU, ALANO U.
2. PABLO, BENLADIN D.
3. KUSAIN, BENLADIN A.

CHARLIE SECTION

Submitted to:
SHERRY-LYN MAMAYOG,
RCRIM, LPT
Instructress