NON-INSTITUTIONAL_CORRECTION_-2.pptx

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COMMUNITY-BASED CORRECTIONS
(Non-Institutional)
By:
ROMMEL K. MANWONG, Ph.D

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
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BOARD QUESTIONS
Which of the pillars of Philippine Criminal
Justice is the __
1. “prime mover”?
2. “investigator/state representative?
3. “center pillar”?
4. “reformer”?
5. “base pillar”?
The superstar in the CJS?
The forgotten person in the CJS?

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 – objectivity - IMPARTIALITY!
What do you call the judge hammer?
- Mallet or Gavel

BASIC CONCEPTS
Correction vs Penology
Positivist vs Classical Thoughts
Correction – Positivist influence
Penology – Classical influence
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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.
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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.
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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.

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)
PROBATION in the PHILIPPINES

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

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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
BOARD QUESTION

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)

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!
Parole System in the Philippines

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.
*Show slides on PDF File

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.

How does Probation applies to a CICL?
When a child in conflict with the law is convicted and sentenced, the
court may place him on probation in lieu of service of his sentence
taking into account the best interest of the child.
Under Presidential Decree No. 968 otherwise known as the Probation
Law, an application for probation cannot be granted if the defendant
has perfected an appeal from the judgment of
conviction. The application for probation must be filed within the same
period for perfecting an appeal which means that appeal and probation
are exclusive remedies.
However, under Section 42 of R.A. 9344 the child in conflict with
the law is allowed to apply for probation at any time even after he has
appealed his judgment of conviction

Note also the IRR of RA 9344 on the following:
RULE 63 – RELEASE ON RECOGNIZANCE
RULE 65 – SUSPENSION OF SENTENCE
RULE 70 – PROBATION AS ALTERNATIVE TO IMPRISONMENT

>>>>>>>>>>>> END !

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