Correctional

administration
Non-Institutional Correction
NON – INSTITUTIONAL CORRECTION
Also known as Community Based Approach to
Correction. Deals on how to reform and rehabilitate
convicted offenders outside the Prison. Not all
convicted offenders have to serve their sentence
behind bars. Some are allowed to stay in the
community, subject to the condition imposed by the
government. It is also a way to decongest the prison.
 ADVANTAGE OF COMMUNITY
BASED CORRECTION

1.The convict can still continue to

support his family.

2. Avoid exposure to hardened criminal.

 ADVANTAGE OF COMMUNITY
BASED CORRECTION
3. The government spends much less
when the offender is released on
probation than if he is in prison.
4. Lessen overcrowding in prison.
5. The offender and his family are
spared the embarrassment and dishonor
of imprisonment.
 FORMS OF COMMUNITY BASED
PROGRAM

1. PROBATION
2. PAROLE

3. CONDITIONAL PARDON
First probation Law was passed in
Massachusetts in 1878, authorizing
Mayor of Boston to appoint a probation
officer for Suffolk Country. In 1891,
probation was practice state wide in
Massachusetts when another law was
passed making it mandatory for all
judges of lower courts to appoint
probation officers.
The first volunteer probation officer was a
shoemaker John Augustus, who in 1841
secured the release of a drunkard at Boston
court by acting as surety. The offender
turned to a “sober, industrious citizen” under
his care.
In short…. JOHN AUGUSTUS IS THE
FATHER OF PROBATION being the
first PROBATION OFFICER.
Who is the father of
Probation in ENGLAND?

Ans. MATHEW DAVENPORT HILL

THE PROBATION LAW IN THE
PHILIPPINES.
Probation was first introduced in the Philippines during the
American colonial period (1898-1945) with the enactment of
Act No. 4221 of the Philippine Legislature on 7 August 1935.
This law created a Probation Office under the Department
of Justice. On November 16, 1937, after barely two years of
existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in
the law’s procedural framework.
THE FIRST PROBATION LAW IN
THE PHILLIPINES.

Act No. 4221 – Probation Law of

1935.
Act No. 4221 – Probation Law of 1935.

Supreme Court of the Philippines declared the

Probation Law of 1935 unconstitutional
because it denies equal protection of Law.
On 24 July 1976, Presidential Decree No.
968, also known as Probation Law of 1976,
was signed into Law by the President of the
Philippines. Ferdinand Emmanuel Edralin
Marcos.
PD 968 – PROBATION LAW OF 1976.
Cong. Teodulo C. Natividad authored
the Adult Probation Law, thus, he was
considered as the father of probation in
the Philippines.
PROBATION is a term derived from the Latin
word ”Probare”, meaning “to prove”. As the
terms Latin etymology states , probation
involves the testing of an offender and his
proving that he is worth of his freedom.
PROBATION is procedure wherein a
sentence of offender is temporarily
suspended and he is permitted to remain in
the community, subject to the control of
the court and under the supervision and
guidance of a probation officer. It is a
privilege granted of the court to a person
convicted of a crime or criminal offense to
remain with the community instead of
actually going to prison.
An application for probation shall be filed
with the trial court, with notice to the
appellate court if an appeal has been taken
from the sentence of conviction.
The filing of the application shall be deemed a
waver of the right to appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying probation shall
not be appealable.
IMPORTANT TERMS IN
PROBATION
PROBATION
-It is a disposition whereby a defendant ,
after conviction of an offense, the penalty of
which does not exceed 6 years imprisonment,
is released subject to the conditions imposed
by the releasing court and under the
supervision of a probation officer.
PROBATIONER

means a person placed on probation.

PROBATION OFFICER

means one who investigates for the court

a referral for probation or supervises a
probationer or both.
POST SENTENCE INVESTIGATION
An investigation conducted by the probation
officer used by the court to determine the
best interest of the public as well as that the
defendant will be served thereby.
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.
POST SENTENCE INVESTIGATION
The probation officer shall submit to the
court the Post Sentence Investigation report
on a defendant Not later than sixty days from
receipt of the order of said court to conduct
the investigation. The court shall resolve the
petition for probation
not later than fifteen days after receipt of said
report.
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. 
Probation shall be denied if the court finds that:

1. the offender is in need of correctional treatment

that can be provided most effectively by his

commitment to an institution;

2. there is undue risk that during the period of

probation the offender will commit another crime;

3. probation will depreciate the seriousness of the

offense committed.
DISQUALIFIED OFFENDERS
FOR PROBATION.

1. sentenced to serve a maximum term

of imprisonment of more than six years;
DISQUALIFIED OFFENDERS FOR
PROBATION.

2. Convicted of any offense against the

security of the State;
DISQUALIFIED OFFENDERS FOR
PROBATION.

3. 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 a fine of not
less than Two Hundred Pesos;
DISQUALIFIED OFFENDERS FOR
PROBATION.

4. who have been once on probation

under the provisions of this Decree; and
DISQUALIFIED OFFENDERS FOR
PROBATION.

5. who are already serving sentence at

the time the substantive provisions of
this Decree became applicable pursuant
to Section 33 hereof. 1976.
Conditions of Probation. 

Every probation order issued by the

court shall contain conditions
requiring the probationer .
CONDITION OF PROBATION

  - present himself to the probation officer

designated to undertake his supervision at
such place as may be specified in the order
within seventy-two hours from receipt of
said order;
CONDITION OF PROBATION

- report to the probation officer at

least once a month at such time and
place as specified by said officer.
CONDITION OF PROBATION

- devote himself to a specific

employment and not to change said
employment without the prior written
approval of the probation officer;
CONDITION OF PROBATION

- refrain from visiting houses of ill-

repute;
CONDITION OF PROBATION

- abstain from drinking intoxicating

beverages to excess;
CONDITION OF PROBATION

- permit to probation officer or an

authorized social worker to visit his home
and place or work;
CONDITION OF PROBATION

- reside at premises approved by it and

not to change his residence without its
prior written approval;
PERIOD OF PROBATION
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.
SUBSIDIARY IMPRISONMENT

- imprisonment to be suffered by the

convict who cannot pay his/her fine or
has no property with which to meet the
fine at the rate of one day for each eight
pesos.
PAROLE
PAROLE ( Act. No 4103 )
- A decision by an authority constituted
accordingly by statute to determine the portion of the
sentence, which the inmate can complete outside of
the institution. It is the status of serving the
remainder of the sentence of a convict in the
community in accordance with the rules and
regulations set-up by the Board of Parole.
- Administrative function.
PAROLE
The release of prisoners before the
expiration of his maximum sentence.
“a method of selectively releasing an
offender from an institution after the
prisoner served the minimum sentence
of imprisonment imposed by law.
Ex. Prision Mayor – 6 yrs. & 1 day to
12yrs.
Minimum Medium Maximum
6 yrs. & 1 8 yrs. & 1 10 yrs. & 1
day to 8 day to 10 day to 12
yrs. yrs. yrs.
 TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND
THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included in the penalty in
  minimum period medium period maximum
its entirety

14 years, 8 months and

From 12 years and 1 day 12 years and 1 day to 17 years, 4 months
Reclusion temporal 1 day to 17 years
to 20 years. 14 years and 8 months. and 1 day to 20 years.
and 4 months.

Prision mayor, absolute

disqualification and 6 years and 1 day 6 years and 1 day 8 years and 1 day 10 years and 1 day
special temporary to 12 years. to 8 years. to 10 years. to 12 years.
disqualification

2 years, 4 months and

Prision correccional, 6 months and 1 day 6 months and 1 day 4 years, 2 months and
1 day to 4 years and
suspension and destierro to 6 years. to 2 years and 4 months. 1 day to 6 years.
2 months.

From 1 month and From 2 months and From 4 months and

Arresto mayor From 1 to 2 months.
1 day to 6 months. 1 day to 4 months. 1 day to 6 months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
The minimum period of imprisonment
of 6 years?

Ans. 6 months and 1 day to 2 years & 4 mos.

DISQUALIFIED FOR PAROLE

Those convicted of offenses punished

with death penalty or life-
imprisonment;
DISQUALIFIED FOR PAROLE

those convicted of treason, conspiracy or

proposal to commit treason; to those
convicted of misprision of treason,
rebellion, sedition or espionage;
DISQUALIFIED FOR PAROLE

to those convicted of piracy; to those

who are habitual delinquents
HABITUAL DELINQUENTS

Within a period of 10 years from the date

of his last release or conviction of a crime
is found guilty for the third time or more.
Ex. Serious or less serious physical injury.
RECIDIVIST

One who at the time of his trial for one

crime, shall have been convicted by final
judgment of another crime embraced in
the same title of the RPC.
DISQUALIFIED FOR PAROLE

to those who have escaped from

confinement or evaded sentence
DISQUALIFIED FOR PAROLE

to those who having been granted

conditional pardon by the Chief
Executive shall have violated the terms
thereof
DISQUALIFIED FOR PAROLE

to those whose maximum term of

imprisonment does not exceed one year.
DISQUALIFIED FOR PAROLE

Those suffering from mental disorder as

certified by government psychiatrist.
DISQUALIFIED FOR PAROLE

Those whose conviction is on appeal or

has not yet became final.
DISTINCTION OF PAROLE AND PROBATION
PAROLE
Administrative function exercise
by the executive branch of the
gov’t.
Granted to a prisoner only after
he has served minimum of his
sentence.
Extension of Institutional
correction.
parolee
Supervised by parole officer
PROBATION
Judicial function exercise by the
court.
Granted to a convict immediately
after conviction.
Substitute for imprisonment
probationer
Supervised by probation officer
PARDON
Pardon
is a form of executive clemency granted by the
President of the Philippines as a privilege extended to
convict as a discretionary act of grace. Neither the
legislative nor the judiciary branch of the government
has the power to set conditions or establish
procedures for the exercise of this Presidential
prerogative. It is highly political in nature and is
usually granted in response to popular clamour or to
aid in the return to normalcy of a political situation
that might affect the country if not addressed.
Pardon
An act of grace extended to prisoners as
a matter of right, vested to the chief
executive as a matter of power.
2 KINDS OF PARDON
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 remits the penalty imposed for the
particular offense of which he was convicted.
CONDITIONAL PARDON
refers to the exemption of an individual, within
certain limits or conditions; from the punishment that
the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal
liability. It is also granted by the President of the
Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.
NATURE OF CONDITIONAL PARDON
It is that of a contract or agreement
between the person conditionally
pardoned and the state or government
authorities. Violations of the terms of the
pardon by the pardonee will be a ground
for the re-arrest of the pardonee,
however, if he does not break the terms of
agreement, then he will be free, as
pardoned.
Limitation of the Pardoning Power
1. It may be granted after final conviction
2. It may not be granted for offenses in
impeachment
3. It may not be granted for civil contempt
4. No pardon, parole or suspension of sentence
for violations election related offenses without
the recommendation of the Commission of
Elections
AMNESTY
Amnesty
Is a general pardon granted to groups of
law violators, usually those who
committed political crimes, with the
concurrence of the law making body.
Amnesty - A special form of pardon
exercised by the President of the republic
is amnesty. Amnesty is a general pardon
extended to a certain class of people who
are usually political offenders. While
pardon is likewise issued by the President
and is also political in nature, it is an
exclusive act of the President where the
courts and Congress has no say
whatsoever.
 
Nature of Amnesty
Amnesty is by general nature a blanket
pardon covering persons or group of
persons who committed crimes against
the state, like rebellion, sedition, etc., or
any political offense. It may be granted
after conviction, during trial, or before
trial, but with concurrence of the
congress.
 DISTINCTION OF AMNESTY AND PARDON
AMNESTY PARDON
1. Application Generally to political Generally to ordinary
crimes and offenders crimes and offenders

2. Effect Obliterates the Relieves the offender

effects of conviction of the penalty but
as if the act was not the effects of
criminal conviction stay
3. Congress Concurrence Concurrence not
required required
4. When given Even before After final conviction
conviction
5. To whom given Usually to a class of To specific individual
person
COMMUTATION
COMMUTATION OF SENTENCE
- The reduction of the duration of a prison
sentence. It is another prerogative of the
President. It is an act of clemency by which a
heavier or longer sentence is reduced to a
lighter or shorter term. Death sentences or
life imprisonment is reduced to a shorter
sentence. Commutation does not forgive the
offender but merely reduces the penalty of life
imprisonment or death sentence for a term of
years.
REPREIVE
REPRIEVE
Like Pardon, Reprieve is also another prerogative
exercised by the President of the Philippines.
Generally, is applied to death sentences already
affirmed by the Supreme Court. But is can also be
invoked in another cases that have become final. It
is the temporary stay of the execution of a sentence.
In death sentences, the date of execution of the
death convict is held in abeyance for a certain
period to enable the Chief to temporarily stay
execution of sentence.
R.A 7438

DEFINES THE RIGHTS OF AN

ACCUSED UNDER CUSTODIAL
INVESTIGATION.
R. A 6981

WITNESS PROTECTION PROGRAM

ACT
ACT NO. 3326
LAW ON PRESCRIPTION OF
PENALTY
R.A 6127 -Grant of full time credit

P.D 85 - Preventive Imprisonment

ACT NO. 3316 – Basis for granting

Good Conduct Time Allowance