NON-

INSTITUTIONA
L
CORRECTION

Prepared by:
Lejie Cabatingan Gajo, Rcrim
Licensed Criminologist
Instructor, FSUU CJEP
Lecturer, OROMIND SHAPERS REVIEW CENTER
Lecturer, AIM TO TOP REVIEW AND TRAINING
CENTER
Passer, Civil Service Professional

Exam PPE
Passer, Philippine National Police Academy Cadet
Admission Test
RSA Staff, Commission on Audit

Regional Office XIII

 BACKGROUND OF
STUDY
 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
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.
 What is Non-Institutional
Correction?
 This is an alternative to incarcerating
person convicted of criminal offense. This
includes persons release on Probation,
Parole and Executive Clemency subject to
supervision.
 It refers to the method of correcting
sentenced offenders without having go to
prison.
 23/6/20

Common Problems Encountered

by Correctional Institution
Offender’s Stigmatization
Offender’s De-socialization
Alienate offender’s from their
family, friends and acquaintances
 23/6/20

Due to overcrowding, prisons lead to

dehumanizing conditions which make
reintegration and re-socialization even
more difficult.
It expose an inmate to the influences
and hold of hardened criminals
making him hardened instead of
reformed upon release
Lack of Funds (Economic Crisis)
 23/6/20

Non-Institutional Correction is
otherwise known as?
COMMUNITY BASED
CORRECTION
 23/6/20

Advantages of Community Based

Correction
Family members need not be
victims also for the imprisonment
of a member because the convict
can still continue to support his
family, not to be far away from
his children.
 23/6/20

Rehabilitation will be more

effective as the convict will not
be exposed to hardened
criminals in prisons who will
only influence him to a life of
crime.
 23/6/20

Rehabilitations can be
monitored by the
community thus corrections
can be made and be more
effective
 23/6/20

Cost of incarcerations will

be eliminated which is
extremely beneficial
especially to a cash-strapped
government.
 23/6/20

Agencies Who Signed for Jail

Decongestion Program
 To ease the problem of prison
overcrowding, six government agencies
signed a Memorandum of Agreement for
the Jail Decongestion Program in Feb 17,
1993 and after a few months in operation,
was amended on August 31, 1993 to make it
more responsive.
 23/6/20

 These are the six agencies involved in

the MOA:
 a. Bureau of Jail Management and
Penology
 b. Public Attorneys Office
 c. National Prosecution Services
 d. Bureau of Correction
 e. Parole and Probation Administration
 f. Board of Pardon and Parole
 What is Probation?
Is a disposition under which a
defendant, after conviction and
sentence, is released subject to
conditions imposed by the court
and to the supervision of a
probation officer.
HISTORICAL BACKGROUND
Derived from a Latin word
"Probare" which means "to prove
or to test".
Coined by John Augustus.
 Where is Probation Originated?
 England in the year 1841.
 Matthew Davenport Hill
 An English Lawyer and Penologist
 Who was known as the father of Probation in England
 “He believed that the individual was not wholly
corrupt-when there was reasonable hope for
reformation-and when there could be found persons to
act as guardians, kind enough to take charge of the
young convict”.
 Where is Probation Legally
Originated?
 Boston, Massachusetts, USA
 enactment of the first probation law occurred
 John Augustus
 A Boston, Shoemaker
 The first probation officer in Boston who was credited
to be the Father of Probation in United States of
America because he convinced judges to release
individuals who suffered with alcoholism (Drunkard)
into his care in lieu of jail.
 What is the Judge Killet’s
Decision?
 Mid 19th century, many federal courts were
using a judicial reprieve to suspend
sentence but posed a legal question.
 In 1916, US Supreme Court held that a
Federal Judge (Killet) was without power
to suspend a sentence indefinitely.
The Killet’s Decision led to the
passing of the National Probation
Act of 1925, thereby allowing courts
to suspend the imposition of a
sentence and place an offender on
probation.
 Who was the 1st Paid Probation
Officer in Boston?
Edward Savage
Former Boston Chief of Police
 Probation in the Philippines
Act 4221
 Was the first probation law in the Philippines enacted
on August 07, 1935 creating Probation office under the
department of justice.
 However, it was declared unconstitutional; on 1937
because it was considered as an undue delegation of
legislative power in the case of People VS. Vera.
 3 PRINCIPAL GROUNDS FOR
UNCONSTITUTIONALITY OF ACT
4221
a. The said act encroaches upon the
pardoning power of the executive
b. That it constitutes an undue delegation
of legislative power
c. It denies the equal protection of the
laws
 PD 968 known as the Probation Law of
1976 promulgated on July 24, 1976
 The 2nd legislation in our country. It was
later on amended by PD 1257 on December
1, 1977 and PD 1990 on October 5, 1985.
- Cong. Teodulo C. Natividad known as the
Father of Probation in the Philippines
together with Cong. Ramon Bagatsing.
 Before PD 968, it was?
 Natividad and Bagatsing introduced HB 393
“ An act establishing Probation in the
Phillippines”
 The TURNING POINTS of the Probation
Law came on November 13, 1974, when
Juan Ponce Enrile, the national defense
secretary and the concurrent NAPOLCOM
Commissioner created the Inter-
Disciplinary Committee on Crime
Prevention where natividad was apoointed
as the Chaiman.
 Who signed PD 968 into law?
Former President
Ferdinand Marcos
on July 24, 1976.
 When was the Probation
System started to operate?
January 03, 1978.
 FORERUNNERS OF
PROBATION
A. BENEFIT OF THE CLERGY
- The earliest device for softening brutal severity
of punishment.
- The benefit resulting from this compromise
which maintained jurisdiction in the King's
Court was greater leniency in sentencing and
particularly escape from the death penalty.
B. JUDICIAL REPRIEVE
- Another device modifying the severity
of the law, was a temporary
withholding of sentence, much used
by the early English Judges.
C. RECOGNIZANCE
- An even older method of suspending
or deferring judgment, the direct
ancestor or probation.
- "Binding over for Good Behavior"
D. TRANSPORTATION
- Any description of the treatment of crime
in England must include the system of
transportation to her colonies which
grew from the ancient practice of
banishment and flourished for more than
two hundred years as a principal method
of disposing of offenders.
Judicial Disposition Means?
This means "that only the trial
court who has jurisdiction of the
case has the authority/power to
grant probation.
Judicial Function
When is Probation is to be Given?
GIVEN AFTER CONVICTION
This means "the grant of probation
can only be extended after the accused
was already been sentenced/or finally
convicted.
 Restriction:
Even the grant of probation is vested
on the discretion of the trial judge,
however, he is being restricted from
granting it before the final
conviction(premature).
 WHAT IS A CONDITIONAL
RELEASE?
 This means "even though the convicted
person is released at the community but
there are certain limitations upon his
release.
 Some civil rights are lost or suspended
during the probation period.
Purposes of Probation
To protect society through controlled
programs of supervision of offenders.
To promote the correction and
rehabilitation of an offender by providing
him with individualized treatment.
To provide opportunity for the
reformation of a particular offender
which might be less probable if he were
to serve a prison sentence.
To prevent the commission of an
offense.
To re-integrate the offender into society.
 FOUR ESSENTIAL ELEMENTS
OF PROBATION
 1. THE POST-SENTENCE
INVESTIGATION REPORT
 Is a pre-requisites to the court disposition on the
application for probation.
 No probation grant without having first
conducted a post-sentence investigation which
will be based on the persons antecedents,
character, behavior, physical and mental
conditions.
What is the Purpose of PSI?
PSI is not conducted for the purpose
of determining whether the applicant
is qualified for probation
BUT TO DETERMINE HIS
SUITABILITY UNDER
PROBATION.
 What is stated on the PSI?
The Character and Background of the
Petitioner.
It also states the recommendation to
grant or deny the application for
probation.
 Who Conducts PSI?
This is conducted by the
Probation Office (Probation
Officer) upon receipt of the order
of the trial court authorizing the
conduct of investigation.
 2. THE CONDITIONAL
SUSPENSION OF
SENTENCE
Once the convicted offender applies
for probation, he is automatically
placed under SUSPENDED
SENTENCE while the application is
being resolve by the Trial Court.
3. THE CONDITIONS IMPOSED
BY THE COURT
The grant of probation is
accompanied by conditions imposed
by the trial court.
Probation conditions are classified as
MANDATORY AND SPECIAL or
DISCRETIONARY
CONDITIONS.
 What are the Mandatory
Conditions imposed on a
Probationer?
The initial reporting to the Probation
Officer within the 72 hour period upon
receipt of the Probation Order.
The monthly reporting to the Probation
Officer on a designated time and place
for at least once a month.
4. THE SUPERVISION AND
GUIDANCE OF THE
PROBATION OFFICER
The start of supervision may be
based on the date of issuance of
probation order, unless another
date has been specified by court.
 PURPOSE OF SUPERVISION:
a. To ensure the probationer's
compliance with the conditions
(Main/Primary purpose)
b. Manage the process of probationer's
rehabilitation.
c. To provide guidance for the
probationer's transformation.
 ASPECTS OF SUPERVISION
A. AUTHORITARIAN
SUPERVISION
It deals with the enforcement of the
conditions imposed by the court in
the probation order.
 B. GUIDANCE ASPECT OF
SUPERVISION
 it directs the probationer to live a
law abiding life and be a
productive member of the
community.
LEVELS OF SUPERVISION
A. MINIMUM (green plan
card)
 Wherein minimal attention and
the probationer is ordered to
report once a month.
B. MEDIUM (yellow plan card)
 the probationer is in need of
moderate attention and required
to report at least twice a month.
 C. MAXIMUM (red plan card)
 this indicates that the person placed
under probation is in need of
considerate attention and guidance.
More than twice a month reporting is
required.
PROCEDURES IN OBTAINING
PROBATION
When is the formal application
for Probation?
A formal application may be filed
within the reglementary period of
15 days AFTER CONVICTION
AND SENTENCE AT ANY
TIME BEFORE
IMPRISONMENT STARTS.
Where is the application be filed?
 Said petition should be filed
with the original court that
tried and sentenced the
offender.
B. FILING OF BAIL
 It is allowed by the rules of court
and criminal procedures that
petitioners for probation may apply
and post bail while his motion for
application for probation is under
court determination.
If cannot avail or apply bail, the
court upon his discretion may
placed the petitioner on Release
on Recognizance.
C. CONDUCT OF PSIR
the court will order the
CPPA to conduct and file the
Post Sentence Investigation
Report.
 How many days is the
conduct of PSI?
Within the period of 60 days
upon receipt of the order of
the court to conduct
investigation.
 How Important is the conduct of
PSI?
This is very essential before the court may
grant or deny the application for probation.
The report is highly confidential and not
allowed as a general rule to be made public.
(Confidentiality of Records).
 D. RESOLUTION OF THE
TRIAL COURT
 How many days the Trial Court resolves the
petition for Probation?
 the court would have to resolve the matter
within the period of 15 days after the said report
has been received.
 IT IS THE DUTY OF THE COURT TO
DECIDE WHETHER TO GRANT OR
DENY THE PETITION IN OPEN COURT.
What is the Nature of Probation?
Probation is generally a matter of
PRIVILEGE. Specifically, it is a
privilege since the grant is
discretion of the court and limited
offender can avail depending on
their qualifications.
Probation
is regarded as a
SUBSTITUTE FOR
IMPRISONMENT rather than
CLEMENCY, LENIENCY OR PITY.
Probation is extended or given only
to offenders not sentenced to grave
or serious offenses. Since offenders
sentence to serious offense POSE
SERIOUS THREAT TO THE
COMMUNITY.
A person placed under probation is
not to be considered as a Freeman
because he is obligated to live within
a specified area and required to
conform to the conditions imposed by
the court.
He is deprived of certain rights
and privileges. BUT,
POLITICAL RIGHTS OF THE
PERSON IS NOT LOST OR
SUSPENDED DURING
PROBATION.
Generally, Probation is a Privilege.
When it will become a
RIGHT?
When granted
Probation
may not be revoke unless:
 VIOLATION IS ALLEGED
NOTICE IS GIVEN and a
HEARING IS HEARD.
Probation, like Parole and imprisonment
has the primary objective of
PROTECTING SOCIETY AGAINST
CRIMES.
"It is the visible extension of the powers
of the court over the future behavior and
destiny of convicted offenders such is
not apparent in other dispositions of
criminal cases"
 Does Probation Extinguished
Criminal and Civil Liability?
NO
Probation only extinguishes
CRIMINAL LIABILITY NOT
with CIVIL LIABILITY.
To be able to enjoy the benefits
of probation, it must first to be
shown that an applicant has none
of the disqualifications imposed
by law.
Probation is intended for
offenders who are 18 years of age
and above and who are not
otherwise disqualified by law.
What are the Disqualifications for
PROBATION?
What term of Imprisonment
which disqualifies a convicted
person for probation?
THE FINAL TERM OF
IMPRISONMENT IS MORE
THAN 6 YEARS.
 What type or classification of
crimes which disqualifies a
convicted person for probation?
CONVICTED OF SUBVERSION
OR ANY OFFENSE AGAINST
SECURITY OF THE STATE OR
THE PUBLIC ORDER
REGARDLESS OF THE
PENALTY IMPOSED.
 What legal classification of
criminal offender whom
disqualified for probation?
PREVIOUSLY CONVICTED,
RECIDIVIST OR HABITUAL
OFFENDER.
 May a Recidivist be given the benefit
of PROBATION?
General Rule :
NO
Exemption:
If the earlier conviction refers to a crime,
the penalty of which do not exceed 30
days of imprisonment or a fine of not
more than 200 Php.
 Can a person who have been
once on probation can still avail
the benefits of PD 968?
PROBATION CAN BE
AVAILED OF ONLY BY FIRST
TIME AND PENITENT
OFFENDERS.
Can already serving sentence may
avail Probation?
No
 Why?
 Once the convicted offender already served their
sentence behind bars, the trial court loses jurisdiction
over the case hence, the jurisdiction is now transferred
to the executive branch of the government either
DILG-BJMP or DOJ-BUCOR...(SEPARATION OF
POWERS)
A person already perfected an
appeal, can he still avail
Probation?
 NO
Even if a person may be eligible for
probation, the moments he perfects
an appeal from the conviction, he
cannot avail of probation anymore.
OTHER DISQUALIFICATIONS:
That the offender is
covered by PD 603 or RA
9344. This decree applies
to YOUTHFUL
OFFENDER.
That the offender was charged and
convicted under RA 9165 for selling,
possession, manufacturing of dangerous
drugs, except for person who said to be
a DRUG DEPENDENT WHO
SUBMITTED HIMSELF FOR
VOLUNTARY SUBMISSION
PROGRAM AND FIRST TIME MNOR
OFFENDER.
That he is charged and convicted
for violation of Omnibus Election
Code (sec 264, BP 881),
 Videogram Regulatory Board (Sec
9, PD 1987) and
Wage Rationalization Act (sec 12,
RA 6727)
 When Probation Application be
denied?
 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.
How Long a Probationer Will Stay
on Probation?
 TWO LEVELS OF PROBATION PERIOD
 a. 2 years probation period, where the
imprisonment is NOT more than 1 year.
 b. 6 years probation period, where the
imprisonment is more than 1 year.
 "THE ACTUAL DURATION IS LEFT TO THE
DISCRETION OF THE COURT AS LONG AS IT
DOES NOT GO BEYOND THE MAXIMUM
PERIOD"
 When SUBSIDIARY
IMPRISONMENT is Applicable?
a. When the principal penalty
imposed be a FINE ONLY.
b. In case of insolvency.
c. At 8.00 peso rate per day and
computed of not less than nor more
than twice the number of days.
 SUPERVISION OF
PROBATIONERS, when will
Start?
It starts or commences on the
day of the initial interview or
reporting of the probationer.
What is the MAIN purpose of
SUPERVISION?
ENSURETHE
COMPLIANCE WITH THE
PROBATION CONDITIONS.
When can the Probation Program
be Revoked?
General rule:
 "NO
VIOLATION OF THE CONDITION
WHICH RESULTED TO AUTOMATIC
REVOCATION OF THE PROBATION"
EXEMPTION"
 Unless such violation is substantially proven
after notice and hearing were conducted by
the trial court.
What is the effect when Probation
is Revoked?
 After the serious violation of a probation
condition has been estabish, the trial court
may:
 a. Order the continuation for probation subject
to modification of probation conditions.
 b. Order the revocation of probation
What will happen to probationer if the
probation is revoked?

"SERVE THE ORIGINAL

SENTENCE IMPOSED"
 When Probation be
Terminated?
Successful completion of
probation
Revocation for cause
Early termination
Death of the probationer
 Is the expiration of the probation period
automatically terminates the probation?
No
 Probationis not co-terminus with its period.
 The court must first issue an order of final
discharge based on the report and
recommendation of the probation officer
WHEN THE PROBATIONER
ALREADY FULFILLED THE TERMS
AND CONDITIONS OF PROBATION.
 What is the Effects of the Final
Discharge to the Probationer?
Restore all civil rights lost or
suspended as a result of his
conviction.
Fully discharges his liability for any
fine imposed.
Who is a VOLUNTEER PROBATION
AIDES (VPA)
Citizens of good standing in the
community who volunteer to
assist the PPA in the supervision
of probationers of probationers,
parolees and pardonees.
 Qualifications of a VPA?
a. Filipino Citizen
b. At least 18 years of age
c. At least high school graduate
d. Resident of the community
e. Adequate and stable income
 Maximum Case Loads?
CASELOADS: Supervision
of Clients
Maximum of 5 clients.