Review On Correction Administration: by Dr. Rommel K. Manwong

REVIEW ON
CORRECTION ADMINISTRATION
By
DR. ROMMEL K. MANWONG
www.rkmfiles.net
BACKGROUND OF REVIEW
 CJS – the crime prevention mechanism
P – POLICE/LAW ENFORCEMENT
P – PROSECUTION
C – COURT
C – CORRECTION
C - COMMUNITY
 Correction as a process
 Institutional or non-institutional based correction
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BOARD QUESTIONS
Which of the pillars of Philippine Criminal

Justice is the __
1. “prime mover”?
POLICE PILLAR
2. “investigator/state representative?
PROSECUTION PILLAR
3. “center pillar”?
COURT PILLAR
4. “reformer”?
CORRECTION PILLAR
5. “base pillar”?
COMMUNITY PILLAR
The superstar in the CJS?

CRIMINAL
The forgotten person in the CJS?
VICTIM
BOARD QUESTIONS
What does the __ symbolizes in the context of

the criminal justice system?
1. The lady justice
- divine rightness of law
2. The balance
- truth and fairness
3. The sword
- power of reason
4. The blindfold
- IMPARTIALITY!
5. What do you call the hammer look like used

by the judge to open/close court session or
maintain order inside the court?
-Mallet or Gavel
APPROACHES TO CORRECTION
What are the two kinds of
CORRECTION APPROACHES in the Philippines?
1. Institutional Correction – Rehabilitation of

offenders in Jail or Prison.
2. Community-Based Correction – correctional
activities that takes place in the community
that directly addressed to the offender and
aimed at helping him to become a law abiding
citizen.
BASIC CONCEPTS
WHAT IS PENOLOGY?
Study of punishment of crimes or of criminal offenders.

It includes the study of control and prevention of crime
through punishment of criminal offenders.
- The term derived from the Latin word “poena” which
means pain or suffering.
- Penology is also otherwise known as Penal Science.
(Classical Doctrine Influence)
BOARD QUESTION
What is the meant by the Latin word “Poena”?

A. Pain or Suffering
B. Offering
C. Prodigal son
D. Penitence
Answer - A
WHAT IS PENAL MANAGEMENT?
It refers to the manner or practice of

managing or controlling places of
confinement as jails or prisons.
Management – utilization of resources (5Ms)
WHAT IS CORRECTION?
It is a branch of the CJS concerned with the custody,
supervision and rehabilitation of criminal offenders.
(positivist doctrine influence)
CORRECTIONAL ADMINISTRATION – the
study and practice of a system management of
jails or prisons and other institution concerned
with the custody, treatment and rehabilitation of
criminal offenders.
HISTORICAL PERSPECTIVES
THE PRIMITIVE ERA

• Demonological v.s Divine will theories
• Lack of Codified Laws, thus law enforcement
were based “barbaric practices”.
• Lack of Criminal Justice System – Criminals
are judged through “Trial by Ordeals”
• Punishment were based on the words of
kings/emperors/elders/chieftains
DEVT OF LEGAL SYSTEMS
GENERAL CLASS OF LAWS

- LEX EXTERNA (Divine Laws)
- LEX NATURALIS (Natural Laws)
- LEX HUMANA (Human Laws)
• ROMAN LAWS
• MOHAMEDAN LAWS
• ANGLO-AMERICAN LAWS
Note: Rise of Secular Laws
THE EARLY CODES
 2300 B.C – Sumerians Lipithstar & Eshumma – set

standards on what constituted an offense
against society – the Sumerian Code
 2100 B.C – Babylonians – Code of King
Hammurabi – Principle LEX TALIONES –
oldest harsh code.
The Twelve Tables (XII Tabulae) – represented
the earliest codification of Roman law incorporated into the
Justinian Code.
Justinian Code – Emperor Justinian – Rome 6th AD
“Corpus Juris Civilis” – The Body of Law
Code of Draco – Greek Code – Prosecution of
offenses in the name of the public/people
Burgundian Code – provide punishment according
to social status of offenders
Code of Kalantiao (Kalantiaw)
Promulgated in 1433 – Time of Datu Kalantiao
Maragtas Code
Promulgated during the time of Datu Sumakwel
SIKATUNA law
Influence of the Secular Laws
13th Century – Securing Sanctuary

In the 13th century a criminal could avoid punishment by
claiming refugee in a church for a period of
40 days.
..The Church was a powerful mechanism that influence Governance…

DEALING WITH CRIMINAL OFFENDERS
16th Century – Transportation of criminals in

England was authorized. At the end of the 16th
century Russia and other European countries
followed this system. It partially relieved
overcrowding of prisons.
17th Century to late 18th Century – Death penalty

became prevalent as a form of punishment.
BOARD QUESTION
Transportation of criminals was authorized in

England during the 16th Century. However, it was
abandoned as a form of punishment on –
A. 1835
B. 1826
C. 1842
D. 1855
Answer - A
THE GALLEYS
- long, low, narrow, single decked ships propelled by
sails, usually rowed by criminals. A type of ship used
for transportation of criminals during
the 16th century
THE HULKS
- former warships used to house prisoners in the 18th
and 19th century… warships converted into prisons,
also called “floating hells”
EARLY PRISONS
Mamertine Prison – earliest Roman place of

confinement, Rome in 64 B.C.
Bridewell Workhouse – built in 1557 in London

For the employment &housing of English prisoners
Walnut Street Jail – first American Penitentiary

converted as a State Prison.
CONCEPT OF PUNISHMENT
The REDRESS that the state can stake upon an

offending member
It is justified by:
1. Deterrence (Gives lesson)
2. Retribution/Atonement
3. Incapacitation and Protection
4. Rehabilitation (Reformation)
Early Forms of Punishment
- Death (Capital Punishment)
- Banishment
- Transportation and Slavery
- Social degradation
- Physical Torture
- Other barbaric/harsh treatments
Images of Punishment
18th Century was a century of change,
the period of recognizing human dignity.
THE AGE OF ENLIGHTENMENT
A.K.A
THE REFORMATION ERA

RISE OF HUMANISTIC GOALS OF PUNISHMENT
Classical School of Thought

Free will Doctrine – C. Beccaria
Psychological Hedonism - J. Bentham
Neo-Classical School of Thought
Children & lunatics must be free from punishment.
Positivist/Italian School of Thought
Crime as natural phenomenon
Criminals as “sick” – Treatment v.s Punishment
18th Century Pioneers of Reformation
WILLIAM PENN
Famous for founding Pennsylvania
Advocated religious freedom
Fought for the abolition of DEATH
penalty as a form of punishment.
Charles Montesquieu (1689-1755)
A French historian and philosopher who
analyzed law as an expression of justice.
He was famous for his advocacy in reforming
SLAVERY as a means of punishment.
He was famous for the theory
“separation of powers” of the legislative,
judiciary and the executive
FRANCOIS MARIE AROUET
(Pen name VOLTAIR (1694-1778)
- was a French writer, historian and

philosopher famous for his
advocacies of civil rights including
freedom of religion.
- He was also a social reformist who believes that
fear of shame was a deterrent to crime.
CESARE Bonesana Marchese de BECCARIA
(1737-1794)
- famous father of the Classical School of thought in
criminology and law
- presented the humanistic goal of law as a
means to deal with the criminal justice.
Jeremy Bentham (1746-1832)
The greatest leader in the reform
of English Criminal Law.
He believes that whatever
punishment designed to negate
whatever pleasure or gain the criminal derives
from crime, the crime rate would go down
(Doctrine of Hedonism).
Jeremy Bentham was also famous for the
prison design known as PANOPTICON PRISON.
John Howard (1726-1790)
- Sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison
reform. Thus, he gained the fame as
Father of Prison Reform
-Segregation of men – women, young – adult
-Provision of Sanitation
-Single cells for sleeping
-Abolition of fee system
CONTEMPORARY FORMS OF PUNISHMENT
Imprisonment – based on degree of severity of

the crime committed
Parole – (After minimum term)
Probation – (No imprisonment)
Fine – According to set amount
Destierro - (25 kms away)
Other humanistic forms of treating criminal

offenders for reformation (Positivistic view)
CONCEPT OF PENALTY
The suffering inflicted by the state as a

punishment against an offending member for
the transgression of law. Its is based on the
following conditions:
- Productive of Suffering
- Commensurate with the offense
- Personal
- Legal
- Equal
- Certain
- Correctional
THE RIVALRY OF PRISON SYSTEMS
The Auburn Prison System

- “Congregate System” where prisoners are
confined in their own cells during the night and
congregate work in shops during the day.
The Pennsylvania Prison System
- “Solitary System” where prisoners are confined in
single cells day and night
> In both prison system, complete silence was

being enforced.
Modern Prison Systems
• Alexander Maconochie- Mark System

• Walter Crofton – Irish Prison System
• Manuel Montesimos – Inmates as Petty Officers
• Zebulon Brockway – Elmira Reformatory
• Evelyn Ruggles Brise – Borstal Institution
PHILIPPINE PRISON SYSTEM
DOJ DILG DSWD

BUCOR- PPA-BPP
BJMP RYRC
BUCOR CITY JAILS CICL
NBP MUN. JAILS
RDC DISTRICT JAILS
CIW
COLONIES PROV. GOVT
*BUCOR DOCUMENTARY
PROV JAILS *Phil Prison Timeline
PART TWO
STUDY OF THE
COMMUNITY BASED CORRECTION
COMMUNTY-BASED CORRECTIONS
- ARE ALTERNATIVES TO IMPRISONMENT

SUCH AS:
PROBATION – (PD 968 of 1976)
PARDON AND PAROLE

(Act No. 4103 known as the Indeterminate
Sentence Law of 1933)
PROBATION
WHAT IS PROBATION?
- By probation, a person convicted

of a criminal offense is not sent to prison
by the sentencing court. Instead, he/she is
released and placed under the supervision
of a probation officer subject to the conditions
which the court may impose.
Probation, in other words:
is a disposition under which an accused, after

conviction and sentence, is released subject
to conditions imposed by the court and to the
supervision of a probation officer.
Probation, also:
is a privilege granted by the court; it cannot be

availed of as a matter of right by a person
convicted of a crime.
To be able to enjoy the benefits of probation,
it must first be shown that an applicant has no
disqualifications imposed by law.
IS PROBATION A MATTER OF RIGHT?
No, it is a mere privilege for adult offenders.

However, under R.A. 9344 or Juvenile Justice and
Welfare Act of 2006, a Child In Conflict
with the Law (CICL) is granted the right to
probation as an alternative to imprisonment if
qualified under the Probation Law.
Probation was an OLD PRACTICE. It was
the influence of the following:
BENEFIT OF THE CLERGY
In the 13th Century, a compromise between
the church and the king, wherein any member of the
clergy brought to trial in the king’s court shall be
claimed from the jurisdiction by the bishop or
chaplain representing him and placed under the
authority of the ecclesiastical court.
JUDICIAL REPRIEVE
17th century – the practice of temporary
suspension of the execution of sentence by
the judge either before or after judgment.
Early in the 17th C – with the establishment of

settlements in America, English courts began to
grant reprieves to prisoners under sentence of death
on condition that they accept
deportation
RECOGNIZANCE
“binding over good behavior”
- The direct ancestor of probation - involves the
obligation or promise under oath that the accused must
“keep the peace” or “be of good behavior”
- Sureties or bail were usually required
- Usually applied to any felony not capital
- This led to the development of the first
British Probation Service.
TRANSPORTATION
- Sending or putting away of an offender to
another colony. It was an attempt to substitute for
brutal punishment at home and an
opportunity for rehabilitation in a new country.
DEVELOPMENT OF MODERN PROBATION
Matthew Davenport Hill (1792 – 1872)

- English lawyer and penologist; known as Father of probation in England
John Augustus (1785-1859)

Founder of American Probation – Boston,
Massachusetts (a shoemaker) – his effort led to
the 1st probation legislation in the United States
in 1878 – true Father of Probation. Hence, the
true origin of modern probation was the US.
John Augustus influence
1887 - a law passed providing for the appointment of
probation officer for the city of Boston.
An ex-chief of police of Boston, Edward N. Savage was
named probation officer, thus becoming the
first probation officer employed by the government.
PROBATION in the PHILIPPINES
August 7, 1935 – Public Act No. 4221 – was

passed to and became known as the
Probation Act.
However, it was abolished after two yrs as
it was declared unconstitutional by the
Supreme Court in the case of
People v. Vera, 37 O.G. 164.
(as a case of Class legislation)
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 struck down the 1935 law as
unconstitutional.
The bill was passed by the House of
Representatives, but was pending in the Senate
when Martial Law was declared and Congress was
abolished.
House Bill No. 393
was filed by Teudolo C. Natividad and Ramon
Bagatsing. This was the second Bill/measure
that attempts to established an adult
probation in the Philippines after its forerunner
Act No. 4221 of 1935 was declared
unconstitutional
On July 24, 1976, Presidential Decree No. 968,
also known as Adult Probation Law of 1976, was
signed into Law by then President Marcos.
PD 968 was approved only on July 24, 1976 and became

operational on January 3, 1978. Sentenced offenders 18
years and above can apply probation before serving
sentence.
Features of PD 968
Application for Probation
The application for probation shall be filed by a

sentenced or convicted offender whose sentence is not
more than 6 years imprisonment.
It shall be filed with the court that tried and
sentenced the offender.
Will probation be automatically granted to
one whose sentence is six (6) years or less?
No, the applicant may be denied by the court if
the offender would be better rehabilitated if he/she is
sent to prison to serve his/her sentence.
 If there is undue risk that the offender will
likely commit another crime;

 Probation will depreciate the seriousness of
the offense committed.
Will probation be automatically granted to
one whose sentence is six (6) years or less?
Under Sec. 70 of R.A. 9165, the Comprehensive

Dangerous Drugs Act of 2002 -
The first-time minor offender who upon
promulgation of the sentence, the court may, in its
discretion, placed the accused under
probation, even if the sentence provided
under Sec. 11 of the Act is higher than that
provided under Probation Law.
….New added provision on probation!!
Petition for Probation
Is there a need to apply for probation to
avail of its benefits?
Yes, it will not be granted except upon the

application by the accused.
“The trial court may, after it shall have convicted
and sentenced a defendant and upon application by
said defendant within the period of perfecting
an appeal” – Sec 4
When can a petitioner file his application
for probation?
The law says that the application should be made

within the period for perfecting an appeal or
within 15 days from the promulgation of notice of
judgment.
However, under Section 42 of R.A. 9344, the
Juvenile Justice and Welfare Act of 2006 –
The court may, after it shall have sentenced a

Child In Conflict with the Law and upon
application at anytime placed the child on
probation in lieu of service of his sentence.
….This is another added new provision in applying the probation law..
Is there a form prescribed for the application
for probation?
Yes, it shall be in the form approved be the

Secretary of justice as recommended by the
Administrator or as may be prescribed by the
Supreme Court.
Where can we file the application for
probation?
The application for probation be filed directly to

the trial court that heard and sentenced the
person applying for probation.
What then be the duty of the court after
receipt of the application?
The trial court may notify the concerned

prosecuting officer of the application at a
reasonable time before the scheduled hearing
thereof.
What are the procedures in applying for
Probation?
1. The offender or his counsel files a petition with
the convicting court
2. The court determines convict qualifications and
notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such
application within 10 days from receipt of the
notification
4. If petitioner is qualified, his application is
referred to the probation officer for
post-sentence investigation
5. The post-sentence investigation report
(PSIR) is submitted by the probation officer to the
court within 60 days
6. The court grants or denies the petition for
probation within 15 days upon receipt of the
PSIR.
What are the effects of filing an application for
Probation?
1. The court may, upon receipt of the application
suspend the execution of sentence imposed
in the judgment;
2. Pending the submission of the PSIR and the
resolution on the application, the applicant
may be allowed on temporary liberty under his
bail, on a new bail, or released on recognizance.
HOW MANY TIMES CAN ONE BE
GRANTED PROBATION?
ONLY ONCE!!
What are the Disqualifications for Probation
application?
1. Those who were sentenced to more than 6 years

2. Those who were convicted of crimes against the security of the state
(Art. 134 to 157 except 135, 140 and 152 of the RPC)
3. Those previously convicted and punished of not less than 1 month
and 1 day imprisonment and/or fine of not less than 200 pesos
(include those punished with destierro)
4. Those who were previously granted probation under P.D. 968
5. Those who were already serving their sentence when probation
became applicable
The Court will not grant Probation if it finds:
1. The offender can be treated better in a

mental institution or other places for
correction
2. The offender is a risk to the community
3. The offense is grievous to the eyes of the
community
When Probation is granted, what conditions are
imposed by the court?
a. The probationer must present himself to his

probation officer within 72 hours
b. Report to his probation officer at least once a
month
c. Not to commit another crime
d. Comply with any other lawful conditions
imposed by the court.
If the probationer committed a crime while
under probation, what would be the
consequences?
a. The probationer will be arrested for violation

of
the condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
How long is the period of probation?
a. Not more than 2 years if the sentence is

imprisonment for 1 year or less
b. Not more than 6 years if the sentence is
imprisonment for more than 1 year but not
more than 6 years.
Note: Probation starts upon issuance of the

court granting probation.
Can the offender be released
pending application for probation?
a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible member of
the community if unable to file bond
(recognizance)
When can the Court Modify the
Conditions for Probation?
 at any time during supervision
 after summary hearing when the probationer
violated any of its conditions
 upon application by the probation officer or
the probationer himself
Note: only the judge who heard and decided the case
has the power to grant, deny, modify, revoke and
terminate probation.
What are the Rules on Outside Travels?
 Probation officer authorized the probationer to
travel outside the area of the operation for a
period of 10 days but not exceeding 30 days.
 If 30 days, Probation must file 5 days before
travel a request to travel outside for the approval of
Probation authorities.
 If more than 30 days, Probation Authorities shall
recommend for Court Approval.
What are the Rules on Change of Residence?
 The probationer must file a request for change of

residence at the city or provincial Parole and
Probation officer to the court approval.
 If approved, the RTC which has jurisdiction
over the place shall have full control of the
probationer.
Who is a volunteer Probation Aide?
He/she is a civilian of good repute and integrity,

at least 18 years of age, appointed by the
Probation Administration to assists the POs in
the investigation and supervision. A VPA is not
entitled to salary but is given a reasonable travel
allowance.
When is Probation terminated?
 after the probationer has satisfactorily completed the
probation period, the Probation Officer shall
submit termination report to the court containing
the ff:
a. condition of probation
b. program of supervision /response to treatment
c. recommendation
What are the ways of terminating probation?
1. After period of probation with satisfactory
compliance with conditions of probation.
2. Other ways of terminating probation
2a. termination before the expiration of the

period (served at least 1/3 of the imposed
period but not less than 6 months)
2b. termination by pardon of the probationer
2c. Deportation of the probationer – when an
alien on probation is deported, probation will
necessary be terminated.
2d. Death of probationer.
What are the rights restored after
termination of Probation?
 All civil rights suspended when the offended
was convicted and sentenced are restored
after the termination of probation
 Liability to pay a fine is also discharged in
case of subsidiary imprisonment.
How Can Probation help in the
Prevention of Crime?
 when in the community, he is helped and
given opportunities to be productive and
responsible instead of going to prison
 hopefully, these situations restrain the
probationer from committing crime
How can Community help in the Success
of Probation?
1. Community accepting the probationers,
giving them a feeling of belongingness
2. Community agencies and schools are being
open for the training and treatment of
probationers
3. Community leaders and layman allowing
the participation of probationers in
developmental programs
4. Religious organizations giving the probationers
spiritual advice and extending their social
action programs to probationers
5. Various organizations providing temporary

housing for probationers
6. The community playing an equally important

role after the termination of probation, it should be
ready for the reintegration of the individual
into community life
BOARD QUESTION
3. What are emphasized under the

community based model of correctional
institutions?
A. Reintegration into society
B. Security, discipline and order
C. Rehabilitation and correction
D. Physical and mental upliftment
www.rkmfiles.net 86
THE PAROLE SYSTEM
HISTORICAL ACCOUNTS
 The first parole law was passed in Massachusetts

in 1837. At about same time, Alexander Maconochie
introduced a system whereby a prisoner was given a “ ticket of
leave “ ( the equivalent of parole ) after earning a certain
required number of marks – known as the MARK SYSTEM.
From this, Maconochie gained the fame as
FATHER of PAROLE!
 Parole was also a feature of the Irish Prison
system which was established in 1856 based on
an indeterminate sentence &the mark system
(Walter Crofton)
 The Elmira Reformatory, likewise, had a
limited form of indeterminate sentence and a
method of marks similar to the Irish system,
and parole based on marks (Zebulon Brockway)
Parole System in the Philippines
LEGAL BASIS
Act No. 4103, as amended, otherwise known as

the "Indeterminate Sentence Law” which was
approved on December 5, 1933.
This law created the

Board of Pardons and Parole!
WHAT IS PAROLE?
It is the release of a prisoner from prison

after serving the minimum period of his
indeterminate sentence.
What is the difference between determinate
sentence with an indeterminate sentence?
Under determinate sentencing, the criminal must serve the

entire sentence. The date of release remains objective.
Under indeterminate sentences, a criminal will serve a range
of years as determined by the judge. The minimum time
period is usually set and after the minimum sentence passes
, the case will go before a parole board which sets the actual
date of release.
WHO CANNOT BE GRANTED PAROLE?
Generally, those sentenced to a term of
imprisonment of one (1) year or less, or to a
straight penalty, or to a prison sentence
without a minimum term of imprisonment.
WHEN MAY A PRISONER BE GRANTED
PAROLE?
Whenever the BPP finds that there is a reasonable
probability that, if released, the prisoner will be
law-abiding and that his release will not be
incompatible with the interest and welfare of society and
when a prisoner has already served the
minimum penalty of his/her indeterminate sentence
of imprisonment.
WHO MAY GRANT PAROLE TO
A PRISONER?
The Board of Pardons and Parole, an agency

under the Department of Justice.
WHO MAY BE QUALIFIED FOR PAROLE?
A prisoner shall be eligible for the grant of parole
upon showing that –
1. He is confined in a jail or prison to serve an
indeterminate prison sentence, the maximum
period of which exceeds one year, pursuant to a
final judgment of conviction
2. He has served the minimum period of
said sentence less the Good Conduct
Time Allowances (GCTA) earned.
3. There is a reasonable probability that if
released, he will be law-abiding
4. His release will not be incompatible with
the interests and welfare of society.
What are the disqualifications for the
Grant of Parole?
1. Those convicted of an offense punished with
Death Penalty, Reclusion Perpetua or
Life imprisonment;
2. Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
3. Those convicted of misprision of treason,
rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the
high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who,
within a period of ten (10) years from the date of
release from prison or last conviction
of the crimes of serious or less serious physical
injuries, robbery, theft, estafa and falsification, are
found guilty of any of said crimes a
third time or oftener;
6. Those who escaped from confinement or
evaded sentence;
7. Those who were granted Conditional Pardon
and violated any of the terms thereof;
8. Those whose maximum term of imprisonment
does not exceed one (1) yr or those with definite
sentence;
9. Those suffering from any mental disorder as certified
by a government psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.
What is Parole Supervision?
A supervision made after release of a client from
confinement, placed under the supervision of a
Parole Officer . The period of parole supervision
shall extend up to the expiration of the maximum
sentence .

What is the Difference of Probation
from Imprisonment and Parole?
 Probation is an alternative to imprisonment.
Instead of being confined in prison, the
probationer is released to the community by
the court with conditions to follow and is
placed under the supervision of PO.
 Parole is a conditional release of a prisoner
whereby he is placed under the supervision
of a Parole Officer after serving his minimum
sentence.
 Probation is a community-based approach
to reformation of offenders, while
imprisonment adopts the institutionalized
approach.
 Probation is judicial function while Parole is an
administrative function.

 Probation is handled by the Probation Administration
while parole is administered by the Parole
Board
 Probation is enjoyed only once while Parole may be
granted more than once, depending on good
behavior during imprisonment.
 Probation is more beneficent because it restores
full civil rights to the probationer upon termination
unlike parole.

WHAT COMPOSED OF THE BOARDS OF
PARDON AND PAROLE?
Chairman - Secretary of the DOJ

Ex-Officio - Probation Administrator of the Parole
and Probation Administration
Members: Sociologist, Clergyman/Educator,
Psychiatrist, Person qualified for the work by
training/experience and a member of the
Philippine BAR.
THE EXECUTIVE
CLEMENCIES
Pardon
An act of executive clemency by a head of
state for the purpose of exempting an individual
from the punishment imposes upon him by a
court of law.
It is an act of grace and the recipient is not

entitled to it as a matter of right.

Kinds of Pardon
Absolute Pardon
It is an absolute pardon when it is granted
by the Chief Executive without any conditions
attached.
Absolute pardon serves to wipe away the guilt of a
pardonee and makes him innocent as if
he has not committed any crime.

Conditional Pardon
It is conditional when it is granted by the Chief
Executive subject to the conditions imposed
on the recipient and accepted by him.
Usually, the person granted with conditional
pardon has served a portion (at least ½ of the
minimum of his indeterminate sentence) of his
sentence in prison

Limitations of the Pardoning
Power of the President
• It may not be exercised for offenses in
impeachment cases;
• It may be exercised only after conviction by
final judgment;
• It may not be exercised over civil contempt
(as for refusing to answer a proper question as a
witness in a case);

• In case of violation of election law or rules
and regulations, no pardon, parole, or
suspension of sentence maybe granted;
• It cannot be exercised to violation of tax laws.

OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty
Is a general pardon extended to a group of persons
generally exercised by the Chief Executive with the
concurrence of congress.
It is an act of sovereign power granting oblivion or general pardon for past
offense and rarely, if ever, exercised in favor of single individual
is usually exerted in behalf of certain classes of person who are
subjected to trial but not have been convicted.
Note: Amnesty can be availed of before, during and after the trial of
the case, even after conviction.

Differences between Amnesty and Pardon
As to the number of those who can avail

Pardon 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.

As to the Time to Avail
Pardon is exercised when the person is

already convicted,
while amnesty maybe given before
trial or investigation is done.

As to the Consent of Congress
Pardon is granted by the Chief Executive and
such is private act, which must plead and
proved by the person pardoned because the
court takes no choice thereof.
While amnesty is by proclamation with
concurrence of congress, and it is a public act, which
the court should take judicial notice.

As to the Effect
Pardon is an act of forgiveness, i.e. it relieves the
offender from the consequences of the offense,
while amnesty is an act of forgetfulness. i.e. it
puts into nothingness the offense of which one is
charged so that the person as if he had never
committed the offense.
As to the Crime committed
Pardon is granted for infractions of the peace of
the State while amnesty, for crimes against
sovereignty of the state (ex. political offense)

WHAT IS COMMUNTATION OF SENTENCE?
It is a change of the decision of the court

made by the Chief Executive by reducing
the degree of the penalty inflicted upon the
convict, or by decreasing the length of the
imprisonment of the original sentence.

What specific cases commutation
maybe granted?
1. When the convict sentenced to death is over 70

years of age;
2. When justices of the Supreme Court
failed to reach a decision for the affirmation of
the death penalty;

In other cases, the degree of the penalty is
reduced from Death to Reclusion Perpetua.
In Commutation of Sentence, consent of the

offender is not necessary. The public welfare,
not his consent, determines what shall be
done.

WHAT IS REPRIEVE?
REPRIEVE is the temporary stay of the

execution of sentence (applicable only to death
sentence).

WHAT IS GCTA?
It is a privilege granted to a prisoner that shall
entitle him to a deduction of his term of
imprisonment. Under Art.97, RPC.

Special Time Allowance for Loyalty
(Art. 158, RPC)
A deduction of 1/5 of the period of the
sentence of any prisoner who evaded the
service of sentence on the occasion of disorders due to
conflagrations, earthquakes, or other
calamities shall be granted if he returns to
authorities within 48 hours after the president
declared that the calamity is over.
Once granted shall not be revoked!!
OTHER VIPs TO REMEMBER
P.D. 1257 – participation of the prosecutor in

the determination of the application for probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1 day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years and
1 day to 6 years or less
E.0.292 - renamed the Probation Administration into
Parole & Probation Administration

Probationer – a person placed on probation
Absconding probationer – a person whose
probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts are unknown for a
reasonable period of time.
Probation officer – one who investigates for the
court a referral for probation or one who
supervises a probationer or both.

• Petitioner – an accused or defendant who files a
formal petition for probation
• Absconding petitioner – a convicted defendant whose

application for probation has been given
due course by the court but fails to report to the
probation office or cannot be located within a
reasonable period of time.

Parole – refer to the conditional release of an
offender from a penal institution after he has
served the minimum period of his prison sentence.
Parolee - refer to a person who is released on
parole
Pardonee – refer to a person who is released on
conditional pardon
Client – refer to a pardonee/parolee who is place
on supervision

CASE STUDY NO. 1
Matt was found guilty of drug trafficking while his younger
brother Jeff was found guilty of possession of equipment,
instrument, apparatus and other paraphernalia for dangerous
drugs under Section 12 of Republic Act No. 9165.
Matt filed a petition for probation. Jeff appealed his

conviction during the pendency of which he also filed a petition
for probation. The brothers’ counsel argued that they being first time
offenders, their petitions for probation should be granted.
How would you resolve the brothers’ petitions for probation?
Explain.

A - The probation law cannot be availed of because of the
following reasons: 1. The punishment for drug trafficking is more
than 6 yrs. 2. Appeal was taken.
B - Matt cannot qualify for probation, insofar as RA 9165 provides

that those who are found to be guilty of drug trafficking shall not be
qualified for probation. Jeff may qualify for probation. However,
their counsel's contention is unmeritorious inasmuch as the defense
of first-time offender accords only to minors.
C - Matt is disqualified for probation. Drug trafficking which is

punished under Section 5 of RA 9165 carries a penalty of life
imprisonment that is clearly more than six years. Jeff is likewise
disqualified for probation. Perfecting an appeal is a barrier for the
grant of probation.

SUGGESTED FURTHER READINGS
IRR of RA 9344 on the following:
RULE 63 – RELEASE ON RECOGNIZANCE

RULE 65 – SUSPENSION OF SENTENCE
RULE 70 – PROBATION AS ALTERNATIVE TO IMPRISONMENT

THE END !
>>>>> MY FINAL NOTE>>>>

“Ask and it
shall be given”
I asked for a flower
I got a garden
I asked for a tree…
I got a forest
I asked for a river...
I got a sea….
I asked for a friend…
And I got…
- you !!!
Kal

Review On Correction Administration: by Dr. Rommel K. Manwong

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Review On Correction Administration: by Dr. Rommel K. Manwong

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REVIEW ON

Which of the pillars of Philippine Criminal

The superstar in the CJS?

What does the __ symbolizes in the context of

5. What do you call the hammer look like used

1. Institutional Correction – Rehabilitation of

Study of punishment of crimes or of criminal offenders.

What is the meant by the Latin word “Poena”?

It refers to the manner or practice of

Management – utilization of resources (5Ms)

THE PRIMITIVE ERA

GENERAL CLASS OF LAWS

 2300 B.C – Sumerians Lipithstar & Eshumma – set

13th Century – Securing Sanctuary

..The Church was a powerful mechanism that influence Governance…

16th Century – Transportation of criminals in

17th Century to late 18th Century – Death penalty

Transportation of criminals was authorized in

Mamertine Prison – earliest Roman place of

Bridewell Workhouse – built in 1557 in London

Walnut Street Jail – first American Penitentiary

The REDRESS that the state can stake upon an

THE AGE OF ENLIGHTENMENT

THE REFORMATION ERA

Classical School of Thought

- was a French writer, historian and

Imprisonment – based on degree of severity of

Other humanistic forms of treating criminal

The suffering inflicted by the state as a

The Auburn Prison System

> In both prison system, complete silence was

• Alexander Maconochie- Mark System

DOJ DILG DSWD

- ARE ALTERNATIVES TO IMPRISONMENT

PROBATION – (PD 968 of 1976)

PARDON AND PAROLE

- By probation, a person convicted

is a disposition under which an accused, after

is a privilege granted by the court; it cannot be

No, it is a mere privilege for adult offenders.

Early in the 17th C – with the establishment of

Matthew Davenport Hill (1792 – 1872)

John Augustus (1785-1859)

August 7, 1935 – Public Act No. 4221 – was

PD 968 was approved only on July 24, 1976 and became

Application for Probation

The application for probation shall be filed by a

likely commit another crime;

the offense committed.

Under Sec. 70 of R.A. 9165, the Comprehensive

Yes, it will not be granted except upon the

The law says that the application should be made

The court may, after it shall have sentenced a

….This is another added new provision in applying the probation law..

Yes, it shall be in the form approved be the

The application for probation be filed directly to

The trial court may notify the concerned

1. Those who were sentenced to more than 6 years

1. The offender can be treated better in a

a. The probationer must present himself to his

a. The probationer will be arrested for violation

a. Not more than 2 years if the sentence is

Note: Probation starts upon issuance of the