SUBJECT: Non-Institutional Correction

MODULE: 1
TOPIC: INTRODUCTIONS to Non-Institutional Corrections
OBJECTIVES:
By the end of the orientation/overview, the students are expected to:
1. Analyze and explain what is Non-Institutional Correction;
2. Compare/Contrast Non-Institutional Correction to that of the Institutional Correction
3. Restate at least ten (10) vocabulary words on this particular TOPIC in CA2.

LESSON PROPER
Read
(If you have access to LMS MOODLE, you are instructed to open your Moodle account
and study the lesson as shown in the Power point presentation.)
Non-Institutional correction (Community Correction)
-That aspect of the correctional enterprise that includes pardon, probation, and parole activities,
correctional administration not directly connectable to institutions, and miscellaneous (activity)
not directly related to institutional care.
THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM Defining the
Scope of Community Corrections
-Community corrections: is a sanction in which offenders serve some or all their sentence in the
community.
Community sentence seeks to:
1. Repair the harm the offender has caused the victim or the Community
2. Provide for public safety
3. Rehabilitate and promote effective reintegration
SPAN of Community-based sanctions:
1. Protection of the Public A major criticism of traditional probation and parole has been
the failure to protect the public from future criminal acts this criticism can be addressed
in several ways:
 Appropriate risk assessment must be utilized to select appropriate offenders
 The supervision of offenders should include proper monitoring of compliance
with conditions
 Violations of supervised conditions must be taken seriously

2. Rehabilitation
  A goal of community corrections programs is to correct inadequacies that contribute to
criminal behavior.
 Typical problems encountered include drug or alcohol addiction, lack of emotional
control, inadequate education or vocational training, lack of parenting skills, mental
illness and developmental disability.
3. Correctional treatment or programming is the means by which offenders receive
assistance for their problems. Proponents believe that if the issues related to criminal
behavior for certain offenders are addressed, recidivism can be reducedbetween10 and
60% BUT

The Corrections Program Assessment Inventory (CPAI) indicates that only10-20% of all
correctional treatment programs are “high quality” The key is to replace ineffective
programs with one that work.
4. Community Reintegration The 1967 President’s Commission on Law Enforcement and
Administration of Justice introduced the term “reintegration”. Institutions isolate
offenders physically and psychologically.

Reintegration stresses adaptation to the community by requiring participation in programs

that develop accomplishments and the use of skills in the community
5. Restorative or Community Justice
Restorative Justice is victim centered and emphasizes offender responsibility to repair
the injustice that offenders have caused their victims. When a crime is committed the
offender harms both the individual victim and the community. The offender must repair
the damage by remaining in the community and repaying the victim and the community
at large
6. Public Shaming as Punishment
Some offenders can be deterred from future criminal conduct by being publicly
shamed.
To be effective, shaming must have five conditions
 The offender must belong to an identifiable group;
 The form of shaming must be sufficient to compromise the person’s social
standing in the group.
 The punishment must be communicated to the community
 The offender must fear being shunned
 Normally, there must be a method for the offender to regain social status

MODULE 4
What is special time allowance for loyalty of prisoner?

It is a deducti on of 1/5 of the period of the sentence of a prisoner of  whom, having

evaded the service of his sentence during the
calamityo r   c a t a s t r o p h e   m e n ti o n e d   i n   A r t .   1 5 8 ,   g i v e s   h i m s e l f   u p   t o 
t h e authorities within 48 hours following the issuance of the
proclamationb y   t h e   P r e s i d e n t   a n n o u n c i n g   t h e   p a s s i n g   a w a y   o f   t h e   c a l a m i t
y   o r catastrophe. The deducti on of 1/5 is based on the original sentence.

Who grants time allowance?

Whenever lawfully justi fi ed, the Director of Prisons shall grant allowances for good conduct.
S u c h   a l l o w a n c e s   o n c e   g r a n t e d   s h a l l   n o t   b e   r e v o k e d .   ( A r t .   9 9 , RPC )Every person
criminally liable for a felony is also civilly liable. (Arti cle 100 RPC )

Two classifications of injuries causes of an offense:

 
 Social injury produced by the disturbance and alarm which are the outcome of the
offense.
 Personal injury, caused to the victim of the crime who may have s u ff e r e d d a m a g e , e i t h e r
to his person, to his property, to his
h o n o r ,   o r   t o   h e
r   c h a s ti t y .

P r e j u d i c i a l   q u e s ti o n   i s   a n   e x c e p ti o n   t o   t h e   r u l e   t h a t   t h e criminal
acti on shall be decided fi rst and that the civil acti on should be suspended. What is prejudicial
question?
It is a question is one which arises in a case, the resolution of which is a logical antecedent of the issue
involved in said case, and the cognizance of which pertains to another tribunal.

What are the elements of Prejudicial Question?

 The civil action involves an issue similar or intimately related to the issue raised in the criminal
action; and The resolution of
suchi s s u e   d e t e r m i n e s   w h e t h e r   o r   n o t   t h e   c r i m i n a l   a c ti o n   m a
yp r o c e e d .   S e c .   5 ,   R u l e   1 1 1 ,   R u l
e s   o f   C o u r t )
What is included in civil liability?
 R e s ti t u ti o n   –   i n   t h e ft , the culprit is duty-bound to return the property
stolen;
 Reparati on of damage caused – in case of inability to return the property stolen,
the culprit must pay the value of the property stolen;
 I n d e m n i fi c a ti o n   f o r   c o n s e q u e n ti a l   d a m a g e s   –   t h e   l o s s   o f   h i s
s a l a r y   o r   e
a r n i n g .

When civil liability is extinguished?

 By payment or performance;
 By the loss of the thing due;
 By the condonation or remission of the debt;
 By the confusion or merger of the rights of creditor and debtor;
 By compensation; By novation.
When civil liability may arise?
 Crime,
 Breach of Contract (culpa contractual), or
 Tortious act (culpa aquiliana).

Community-Based Treatment Programs

 The community-based treatment programs are those programs that are intended to treat
criminal off enders with the free
communityas alternati ves to confi nement. It includes all correcti onal acti viti esdirectly
addressed to the offender and aimed at helping him to become a law-abiding citizen.

Forms of Community-Based Programs

1. PROBATION–   I t   i s   a   d i s p o s i ti o n   w h e r e b y   a   d e f e n d a n t ,   a ft e r
conviction of an offense, the penalty of which does not exceed 6 years of imprisonment, is released
subject to the conditi ons imposed by the releasing court and under the supervision of a probation
officer.P r o b a ti o n   i s   a   s u b s ti t u t e   f o r   i m p r i s o n m e n t ,   t h e   p r o b a ti o n e r   i s c o m p a r e d
t o a n o u t - p a ti e n t , a s i c k p e r s o n w h o d o e s n o t n e e d t o b e hospitalized because his
illness is considered less
serious.P r e s i d e n ti a l   D e c r e e   9 6 8   o t h e r w i s e   k n o w n   a s   t h e   “ P h i l i p p i n e Probation Law”
approved and took effect on July 24, 1976. Section 18, PD 968 as amended states the creati on of
Probati onAdministrati onu n d e r   t h e   D O J ,   w h i c h   s h a l l   e x e r c i s e s   g e n e r a l   s u p e r
v i s i o n   o v e r   a l l probationers.

2. PAROLE
P a r o l e i s t h e p r o c e s s o f s u s p e n d i n g t h e s e n t e n c e o f a c o n v i c t after having served
the minimum of his sentence without granting him pardon, and prescribing the terms upon
which the sentence shall be suspended. (Cirilo Tradio).It is a decision by an authority constituted
accordingly by
statutet o   d e t e r m i n e   t h e   p o r ti o n   o f   t h e   s e n t e n c e ,   w h i c h   t h e   i n m a t e   c a n c
o m p l e t e   o u t s i d e   o f   t h e   i n s ti t u ti o n .   I t   i s   t h e   s t a t u s   o f   s e r v i n g   t h e remain
der of the sentence of a convict in the community in
accordancew i t h   t h e   r u l e s   a n d   r e g u l a ti o n s   s e t - u p   b y   t h e   B o a r d  
o f   P a r o l e . (Correctional and Parole Administration).* P a r o l e i s n o t a r e w a r d p e r s e f o r
g o o d b e h a v i o r b u t r a t h e r , i t i s a follow-up of his institutional program.* P a r o l e i s n o t
c l a i m e d a s a r i g h t b u t i t i s g r a n t e d b y t h e B o a r d a s a privilege to a qualified prisoner.

The Board of Pardons and Parole (BPP) I t i s a

q u a s i j u d i c i a l   b o d y   w h i c h   w a s   c r e a t e d   u n d e r   A c t   n o .   4 1 0 3 otherwise kno
w n   a s   t h e   I n d e t e r m i n a t e   S e n t e n c e   L a w   o r   t h e   P a r o l e Law, the agency that grants
parole to any prisoner who is qualifi ed to enjoy its benefit. It employs the service of Parole
Officers in providing supervision and guidance to parolees.

Who are disqualified for Parole?

1. Those prisoners who are sentenced with capital punishment or life imprisonment,
2. Those who are convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or piracy,
3. Habitual Offenders,
4. Those that escaped from confinement or evaded sentence,
5 .   T h o s e   w h o h a v e   b e e n   g r a n t e d   w i t h   c o n d i ti o n a l   p a r d o n   b u t violated the terms and
conditions thereof, and
6 .   T h o s e   p r i s o n e r s   t h a t   a r e   s e r v i n g   a   m a x i m u m   t e r m   o f   imp
risonment not exceeding one year.

3. CONDITIONAL PARDON
C o n d i ti o n a l   p a r d o n   s e r v e s   t h e   p u r p o s e   o f   r e l e a s i n g ,   t h r o u g h e x e c u ti v e   c l
e m e n c y ,   a   p r i s o n e r   w h o   i s   a l r e a d y   r e f o r m e d   o r
rehabilitated but who cannot be paroled because the parole law does not apply to him.
 

PAROLE AND PROBATION ADMINISTRATION - (PPA)

The PAROLE AND PROBATION ADMINISTRATION - (PPA) is an att ached agency of the
Department of Justi ce which provides a
lessc o s t l y   a l t e r n a ti v e   t o   i m p r i s o n m e n t   o f   o ff e n d e r s   w h o   a r e   l i k e l y   t o res
pond to individualized community based treatment programs.

MANDATE
Under the Probation Law of 1976, PPA is mandated to:

•P r o m o t e   t h e   c o r r e c ti o n   a n d   r e h a b i l i t a ti o n   o f   a n   o ff e n d e r   b y providing him
with individualized treatment;
•Provide an opportunity for the reformation of a penitent
offenderw h i c h   m i g h t   b e   l e s s   p r o b a b l e   i f   h e   w e r e   t o   s e r v e   a   p r i s o n
sentence; and
•Prevent the commission of offenses.

MISSION
 The PAROLE AND PROBATION ADMINISTRATION - (PPA)'s mission is to rehabilitate
probati oners, parolees and pardonees and promote their development as integral persons
by uti lizing innovati ve interventi ons and techniques which respect the dignity of and
recognize his divine destiny.

VISION
A model component of the Philippine Correcti onal System to enhance the quality of life of its
clients through multi-disciplinary programs
andr e s o u r c e s ,   a n   e ffi c i e n t   o r g a n i z a ti o n ,   a n d   a   h i g h l y   p r o f e s s i o n a l   a n d c o m m i t
t e d   w o r k f o r c e   i n   o r d e r   t o   p r o m o t e   s o c i a l   j u s ti c e   a n d develop
ment.
Programs and Services
 
A. Post-Sentence Investigation.
Aft er convicti on and sentence, a convicted off ender or his counsel files a petition for
probation with the trail court, who in
turno r d e r s   t h e   P r o b a ti o n   O ffi c e r   t o   c o n d u c t   a   p o s t -
s e n t e n c e investi gati on to determine whether a convicted off ender may be placed on
probati on or not. The role of the probati on offi cer in this phase is to conduct the post-
sentence investi gati on and to submit his report to the court within the period not later than 60
days from receipt of the order of the Court to conduct the said investigation.

B. Pre-Parole Investi gati on.

The PAROLE AND PROBATION ADMINISTRATION - (PPA)c o n d u c t s   p r e - p a r o l e  
i n v e s ti g a ti o n   o f   a l l   s e n t e n c e d   p r i s o n e r s confined in prisons and jails within their
jurisdiction.
Purpose of Pre-Parole Investigation
The purpose is to determine whether off enders confi ned
inp r i s o n s / j a i l s   a r e   q u a l i fi e d   f o r   p a r o l e   o r   a n y   f o r m   o f   e x e c u ti v e c l e m e n
c y   a n d   t o   d i s c u s s   w i t h   t h e m   t h e i r   p l a n s   a ft e r   r e l e a s e . Probation officers
submit their pre-parole assessment reports to the Board of Pardons and Parole.

C. Supervision of   Off enders.

  T h e   A g e n c y   s u p e r v i s e s   t w o   t y p e s   o f   o ff e n d e r s   u n d e r conditional release:

(1) probationers, or persons placed under probation by the courts;

( 2 )   p a r o l e e s   a n d   p a r d o n e e s ,   o r   p r i s o n e r s   r e l e a s e d   o n   p a r o l e   o r conditional pardon
and referred by the Board of Pardons and Parole(BPP) to PAROLE AND PROBATION ADMINISTRATION -
(PPA).

The Objectives of Supervision

The objecti ves of supervision are to carry out the
conditi onss e t   f o r t h   i n   t h e   p r o b a ti o n / p a r o l e   o r d e r ,   t o   a s c e r t a i n   w h e t h e r   t h e proba
tioner/parolee/pardonee is complying with the said conditions,
a n d   t o   b r i n g   a b o u t   t h e   r e h a b i l i t a ti o n   o f   t h e   c l i e n t   a n d   h i s   r e -
integration into the community.
 D. Rehabilitation Programs.
 The treatment process employed by the field officers
focusedo n   p a r ti c u l a r   n e e d s   o f   p r o b a ti o n e r s ,   p a r o l e e s   a n d   p a r d o n e e s . Assis
tance is provided to the clientele in the form of job placement, skills training, spiritual/moral upliftment,
counseling, etc.

Community Linkages
 Probati on/Parole, as a community-based treatment program, depends on available resources
in the community for the rehabilitation of off enders. Thus, the Agency, recognizing the
important role of
thec o m m u n i t y   a s   a   r e h a b i l i t a ti o n   a g e n t ,   i n v o l v e s   t h e   c o m m u n i t y   i n p r o b
a ti o n   w o r k   t h r o u g h   t h e   u s e   o f   v o l u n t e e r w o r k e r s   a n d   w e l f a r e agencies
MODULE 5
Origins of probation and parole
Despite the differences between probation and parole, there are many similarities
between the two types of community corrections. Both were initially
developed as methods to mitigate the severity of punishment.

The origin of probation

Origin of Probation started in the United States as early 1841.

PROBATION- A term coined by John Augustus, From the Latinverb"probare"

- to prove, to test.The origins of probation can be traced to English criminal law
of the Middle Ages. Harsh punishments were imposed on adults
andc h i l d r e n   a l i k e   f o r   o f f e n s e s   t h a t   w e r e   n o t   a l w a y s   i f   a   s e r i o u s
nature.Sentences such as branding, flogging, mutilation, and execution were common.

During the time of King Henry VIII, for instance, no less than 200c r i m e s w e r e
p u n i s h a b l e b y d e a t h , m a n y o f w h i c h w e r e m i n o r offenses.

Two names are most closely associated with the founding of  probation:

Matthew Davenport Hill - an 18th century English barrister and judge.

 John Augustus - a 19th Century Boston boot-maker and a shoemaker.

Matthew Davenport Hill

 As a young professional in England, Hill had witnessed th
esentencing   of youthful  offenders  to   one-day  terms  
o n   t h e condition that they are returned to a parent or guardian
w h o would closely supervise
them.W h e n   h e   e v e n t u a l l y   b e c a m e   t h e   R e c o r d e r   o f   B i r m i n g h a m ,   a  
 judicial post, he used a similar practice for individuals who did not seem
hopelessly corrupt.
 If offenders demonstrated a promise for rehabilitation, they were p l a c e d i n t h e
h a n d s o f g e n e r o u s g u a r d i a n s w h o w i l l i n g l y t o o k charge of them.
 Hill had police officers pay periodic visits to these guardians in an e f f o r t t o
t r a c k t h e o f f e n d e r ' s p r o g r e s s a n d t o k e e p a r u n n i n g account.

 John AugustusJohn Augustus, the"Father of Probation,"is recognized as

thef i r s t   t r u e   p r o b a t i o n   o f f i c e r .   A u g u s t u s   w a s   b o r n   i n   W o b u r n ,
Massachusetts, in 1785.
 1829- he was a permanent resident of Boston and the owner of a successful
boot-making business.
 1841- John Augustus attended police court to bail out a
"commond r u n k a r d , "   t h e   f i r s t   p r o b a t i o n e r .   T h e   o f f e n d e r   w a s   o r d e r
ed toappear in court three weeks later sentencing. He returned 
t o court a sober man, accompanied by Augustus.
 Augustus thus began an 18-year career as a volunteer probation officer.
 A u g u s t u s   w a s   s u b s e q u e n t l y   c r e d i t e d   w i
t h   f o u n d i n g Investigations, one of three main concepts of modern
probation, the other two being Intake and Supervision.
 Augustus, who kept detailed notes on his activities, was also the
first to apply the term "probation" to this process of treating
offenders.
 1843, Augustus broadened his efforts to children when he took
responsibility for two girls, ages eight and ten
 1846, he had taken on the supervision of about 30 childre
n ranging from nine to 16 years old. In his own words he describes his ongoing
work with children before the court:
 1847, he bailed nineteen boys, from seven to fifteen years
o f   age, and in bailing them it was understood, and agreed by the court,
that their cases should be continued from term to term for s e v e r a l m o n t h s ,
as a season of probation; thus each month at the calling of the
d o c k e t , h e w o u l d a p p e a r i n c o u r t , m a k e h i s report, and thus the
cases would pass on for five or six months.
 At the expiration of this term, twelve of the boys were
broughti n t o   c o u r t   a t   o n e   t i m e ,   a n d   t h e   s c e n e   f o r m e d   a   s t r i k
ing andh i g h l y   p l e a s i n g   c o n t r a s t   w i t h   t h e i r   a p p e a r a n c
e   w h e n   f i r s t arraigned.
 1858John Augustus had provided bail for 1,946 men 
a n d women, young and old. Reportedly, only ten of this n
umber
forfeited their bond, a remarkable accomplishment w
h e n measured against any standard.
 1 8 5 8 -   T h e   f i r s t   p r o b a t i o n   s t a t u t e ,   e n a c t e d   i n   M a s s a c h u s e t t s short
ly after this death, was widely attributed to his efforts.
 1887-the law was passed providing for the appointment of a
Probation officer for the City of Boston.
 1891-the law of Massachusetts was passed, that law
requiringa l l   c r i m i n a l   c o u r t s   o f   t h e   S t a t e   o f   M a s s a c h u s e t t s   t
o   e m p l o y probation officers.

 1899The first juvenile court was established in Chic
a g o . Formalization of the concept of Intake is credited to the founders of the
Illinois juvenile court

 1901- Had its beginning the Probation in New York State, with the
enactment of the first probation in the state.

 1907- One of the commission's recommendations in its report to t h e

Legislature resulted in the creation of the New York State
Probation Commission.

 1917- A State Division of Probation was established within the NYS

Department of Corrections, and in

 1928- the Office of the Director of Probation was created. The State's
Division of Probation remained within the Department of Corrections until 1970
when it was organized as a separate state agency within the
Executive Department.

 1944- a law was passed in the United States requiring all states for the
appointment of probation officers.

 1984- the Classification/Alternatives Law expanded the authority o f t h e s t a t e

division. The name was changed to the New
YorkS t a t e   D i v i s i o n   o f   P r o b a t i o n   a n d   C o r r e c t i o n a l   A l t e
r n a t i v e s , enhancing the division's ability to foster the development
and effective implementation of local community-based corrections.
 Also from Boston, became interested in youths who were
trieda n d   w h o s e   c a s e s   w e r e   d u e   t o   c i r c u m s t a n c e s   r a t h e r   t h
a n   t o character. He investigated each case and finding the offenders
not hardened and still susceptible to reforms, he made himself available
to the courts as adviser, In 1870.

Edward Savage

 The first probation officer employed by the government of the United

States based on the passage of a law. Historical Background of Probation in the
Philippines:
  Probation was first introduced in the Philippines during t
h e American colonial period (1898-1945) with the enactment of Act No. 4221 of
the Philippines Legislature on August 7, 1935.
 T h i s   l a w   c r e a t e d   a   P r o b a t i o n   O f f i c e   u n d e r   t h e   D e p a r t m e n t   o f  Jus
tice.
 On November 16, 1937, after barely two years of existence,
theS u p r e m e   C o u r t   o f   t h e   P h i l i p p i n e s   d e c l a r e d   t h e   P r o b a t i o n   L a w
Unconstitutional because of some defects in the law’s procedural framework.
 In 1972, House Bill No. 393 was filed in Congress, which wouldestablish
a probation system in the Philippines.
 However, it was pending in the senate when Martial Law wasdeclared and
Congress was abolished.

Teodolu C. Natividad initiated the drafting of Probation System.

o In 1975, the National Police Commission Interdisciplinary drafted a Probation

Law. After 18 technical hearings over a period of six months, the draft decree
was presented to a selected group of 369 jurists, penologists, civic
leaders and social and behavioral scientists and practitioners.
o The group overwhelmingly indorsed the establishment of an
Adult Probation System in the country.
o On July 24, 1976, Presidential Decree No. 968, also known
asA d u l t   P r o b a t i o n   L a w   o f   1 9 7 6 ,   w a s   s i g n e d   i n t o   L a w  
b y t h e President of the Philippines.
o On January 3, 1978, the probation system started to
o p e r a t e .  There are at present 204 filed offices spread all over the country,
supervised by 15 regional offices

W h a t i s P D N o . 9 6 8 , a s a m e n d e d b y P D 1 2 5 7 , B P 7 6 , a n d P D 1990?
It is a decree establishing a Probation System.

What is Probation?

It is a disposition under which a defendant, after conviction and

sentence, the penalty of which doesnot exceed 6 years
of imprisonment, is released subject to conditions imposed by the court and to
the supervision of a probation officer.

What is Probation Officer?

It is one who investigates for the court referral for probation or supervises a
probationer or both.

What is Probationer? It is a person placed on probation.

Is Probation a Right?
 No, it is a mere privilege. It is a privilege granted by the court; it
cannot be availed of as a matter of right by a
personc o n v i c t e d   o f   a   c r i m e .   T o   b e   a b l e   t o   e n j o y   t h e   b
e n e f i t s   o f   probation, it must first be shown that an applicant has none
of the disqualifications imposed by law.

Who can apply for Probation?

A person can apply for Probation if he/she is a convicted offender who is eighteen
(18) years old or above and a first offender.

Who may grant the Probation?

The trial court has convicted and sentenced a defendant.

Will Probation be automatically granted to one whose sentence is six (6) years or

less? No,

When probation shall be denied Probation shall be denied if the court finds that: the
offender is in need of correctional treatment that
canb e   p r o v i d e d   m o s t   e f f e c t i v e l y   b y   h i s   c o m m i t m e n t   t o   a n
institution; or there is an undue risk that during the period of probation, the
offender will commit another crime; or
p r o b a t i o n   w i l l   d e p r e c i a t e   t h e   s e r i o u s n e s s   o f   t h e   o f f e n s e committed.  The
grant or denial of an application for probation does not rest solely on the offender’s
potentiality to reform but also on the observance of demands of justice and public
interest. (Tolentinovs. Alconcel, 121 SCRA 92)

When probation may be granted:

 Probation may be granted whether the sentence imposes a term of imprisonment

or a fine with subsidiary imprisonment in case of insolvency.
 U p o n   a p p l i c a t i o n   b y   s a i d   d e f e n d a n t   w i t h i n   t h e   p e r i o d 
f o r perfecting an appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and conditions as it
may deem best.
 Provided, that no application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction.

What is Post-Sentence Investigation?

It is an investigation conducted by the probation officer

beforet h e   p r o b a t i o n - a p p l i c a n t   m a y   b e   p l a c e d   i n   p r o b a t i o n   f o r  
t h e determination by the court that the ends of justice and the best i n t e r e s t
o f t h e p u b l i c a s w e l l a s t h a t o f t h e d e f e n d a n t w i l l b e served thereby.
What is the period for submission of Investigation Report?

The Probation Officer shall submit to the court the investigation report on a
defendant not later than 60 days from receipt of the order of said court to conduct
investigation.

What are the criteria for placing an offender on probation?

1. The court shall consider all information relative to the following:
 character,
 antecedents,
 environment,
 mental, and
 physical
2. Condition of the offender, and available institutional and community resources.

Who are the offenders disqualified from being placed 
o n probation?
 Those sentenced to serve a maximum term of imprisonment of more
than six (6) years and one (1) day and above;
  Those convicted of subversion or any crime against the national security or
public order;
 Those convicted who were previously convicted by fi
n a l  judgment of an offense punished by imprisonment of not
l e s s than one month and one day and / or a fine not more than two
hundred pesos (P 200.00);
 Those who have been once on probation under the provisions of the law; and
 Those who are already serving sentence at the time the substantive provisions of
the law became applicable pursuant to Section 33 thereof.
 Those whose conviction is on appeal.

What are the conditions of probation?

Every probation order issued by the court shall contain conditions requiring the
probationer to:
 present himself to the probation officer designated to undertake his supervision
at such place as may be specified in the order within 72 hours from receipt of the
order;
 report to the probation officer at least once a month at such time and place as
specified by said officer.
 Even if a convicted person falls within the classes of those qualified for probation,
the grant of probation is not automatic or ministerial.
 Probation is a privilege and its grant rests upon the discretion of the court.
 The discretion is exercised primarily for the benefit of society as a whole and only
secondarily for the personal advantage of the accused. (Amandy vs, People, 161
SCRA436, 443)

What is the effect of probation on accessory penalties?

Accessory penalties are deemed suspended once probation is granted.
(Baclayon vs. Mutia)

What is the effect of violation of probation order?

Upon the failure of the probationer to comply with any of the

conditions prescribed in the order, or upon his commission
of a n o t h e r   o f f e n s e ,   h e   s h a l l   s e r v e   t h e   p e n a l t y   i m p o s e d   f o r   t h e
offense under which he was placed on probation.

When should an application for probation be filed?

-Anytime before the offender starts serving his sentence but w i t h i n 1 5 d a y s
f r o m t h e p r o m u l g a t i o n o f n o t i c e o f t h e j u d g m e n t o f   conviction.

What will happen if the application for probation is denied?

-The offender will be sent by the sentencing court to prison to serve his
sentence.

May an offender be released from confinement while h
i s application for Probation is pending?
-Yes, the applicant may be released under the bail he filed in the criminal case, or under
recognizance
How many times can one be granted Probation?
-Only once; that the probation granted to the offender.

For how long may a convict be placed on probation?

 If the convict is sentenced to a term of imprisonment of not more than one (1)
year, the period of probation shall not exceed two (2) years.
 In all other cases, if he is sentenced to more than one (1) year, said
period shall not exceed six (6) years.
 When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment, the period of probation shall be twice the total number
of days of subsidiary imprisonment.

W h a t   w i l l   h a p p e n   i f   a   p r o b a t i o n e r   v i o l a t e s   t h e   c o n d i t i o n s   o f   proba
tion?
-The court may modify the conditions of probation or revoke the same. If the
violation is serious, the court may order the probationer to serve his sentence. The
probationer may also arrested and criminally prosecuted if the violation is a
criminal offense.

When may a probationer be arrested, and what 
i s   t h e disposition once he is arrested?
 The violation of the conditions of probation must be serious to justify the issuance
of a warrant of arrest.
  The defendant may be admitted to bail pending hearing.
   The hearing is summary in nature, but the probationer shall have the right to be
informed of the violation charged and to adduce evidence in his favor.
 Court is not bound by the technical rules of evidence. If the violation is
established, the court may revoke or continue his probation and modify
the conditions thereof.
 If revoked, the court shall order the probationer to serve the sentence originally
imposed.
 The order revoking the grant of probation or modifying the term and conditions
thereof is not appealable. (Circumlocutory Order)

Advantages of Probation:
 The convicted criminal offender can continue to work in his place of
employment.
 It prevents the tendency of broken homes.3 . I t r e l i e v e s p r i s o n
congestion.

The three-fold purposes of PD 968:

 Promote the correction and rehabilitation of an offender b
y providing him with individualized treatment;
 Provide an opportunity for the reformation of a penitent
offender,w h i c h   m i g h t   b e   l e s s   p r o b a b l e   i f   h e   w e r e   t o   s e r
v e   a   p r i s o n sentence; and
 Prevent the commission of offenses. Probation affects only the criminal aspect of
the case but does not include the civil. Hence, civil case should be heard.
(Budlong vs. Apalisok,
122S C R A   9
3 5 )

Transfer of Residence
  Whenever a probationer is permitted to reside in a place under the
jurisdiction of another court, control over him shall be transferred to the
executive judge of the "Court of First Instance" of that place, a n d i n s u c h
c a s e , a c o p y o f t h e P r o b a t i o n O r d e r , t h e i n v e s t i g a t i o n report and other
pertinent records shall be furnished to said executive judge. Thereafter, the
executive judge to whom jurisdiction over the p r o b a t i o n e r i s t r a n s f e r r e d
shall have the power with respect to
himt h a t   w a s   p r e v i o u s l y   p o s s e s s e d   b y   t h e   c o u r t   w h i c h   g r a
n t e d   t h e probation.

Revocation of Probation
  At any time during probation, the court may issue a warrant for the arrest
of a probationer for any serious violation of the conditions
of p r o b a t i o n .   T h e   p r o b a t i o n e r ,   o n c e   a r r e s t e d   a n d   d e t a i n e d
,   s h a l l immediately be brought before the court for a hearing of the violation charged.
The defendant may be admitted to bail pending such
hearing.I n   s u c h   c a s e ,   t h e   p r o v i s i o n s   r e g a r d i n g   r e l e a s e   o n   b a i l   o f  
p e r s o n s charged with crime shall be applicable to probationers arrested under this
provision. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable
Termination of Probation
 
After the period of probation and upon consideration of the report and recommendation
of the probation officer, the court may order thefinal discharge of the probationer upon
finding that he has fulfilled
thet e r m s   a n d   c o n d i t i o n s   o f   h i s   p r o b a t i o n   a n d   t h e r e u p o n   t h e   c a s
e   i s deemed terminated.

What is parole?

 The process of suspending the sentence of a convict after having served minimum of his
sentence without granti ng him pardon, and prescribing the
t e r m s   u p o n   w h i c h   t h e   s e n t e n c e   s h a l l   b e suspended.
 It is a procedure by which prisoners are selected for released and a service by which they are
provided with the necessary controls, a s s i s t a n c e a n d g u i d a n c e a s t h e y s e r v e t h e
r e m a i n d e r o f t h e i r sentence in the free community.
 It is a form of conditional released that is granted after a prisoner has served a portion of his
sentence in a correctional institution.
 It is decision by an authority consti tuted accordingly by statute to determine the
portion of the sentence, which the inmates can complete outside of the institution. It is the
status of serving
ther e m a i n d e r   o f   t h e   s e n t e n c e   o f   a   c o n v i c t   i n   t h e   c o m m u n i t y   i n acc
ordance with the rules and regulati ons set-up by the Board and Parole.
Note:
parole is not a reward per se for good behavior but rather it is a follow-up of his insti tuti onal
program. It is not claimed as a matt er of  right but a privilege to be granted by the board to
a qualified prisoner.

Who may be granted Parole? A p r i s o n e r m a y b e g r a n t e d p a r o l e a ft e r s e r v i n g t h e

m i n i m u m period of his indeterminate prison sentence.

Who cannot be granted Parole?G e n e r a l l y , t h o s e s e n t e n c e d t o a t e r m o f i m p r i s o n m e n t

o f o n e year or less, or to a prison sentence without a minimum term of imprisonment.

Who may grant Parole to a prisoner?The Board of Pardons and Parole, is an agency under the
offi ce of the Secretary of Justice.
 
When may a prisoner be granted Parole?
Whenever the Board of Pardons and Parole fi nds that there is a reasonable probability
that if released the prisoner will be law abiding citizen and that his released will not be
incompatible with the interest and welfare of society.

Origins of parole Parole comes from the French word parol referring to
"word" as in giving one's word of honor or promise.
 I t h a s c o m e t o m e a n a n i n m a t e ' s p r o m i s e t o c o n d u c t h i m o r herself
in a law-abiding manner and according to certain rules in exchange for release.
 In penal philosophy, parole is part of the general 19th-century trend in criminology
from punishment to reformation.
 P r i o r   t o   t h e   m i d - n i n e t e e n t h   c e n t u r y   m o s t   o ff e n d e r s   w e r e
sentenced to flat or determinate sentences in prison.
 Under this type of sentencing, an off ender received a specifi c amount of time to serve
in prison for a specific crime.
  This created a major problem when prisons became crowded.
 Governors were forced to issue mass pardons or prison wardens had to randomly release
off enders to make room for entering prisoners.

Credited for developing early parole systems

Englishman, Captain Alexander Maconochie

Irishman, Sir Walter Crofton.

Captain Alexander Maconochie

 In 1840, Maconochie was appointed governor of the notorious English penal colony at
Norfolk Island off the coast of Australia. At the time, English criminals were being transported to
Australiaa n d   t h o s e   s e n t   t o   N o r f o l k   I s l a n d   w e r e   c o n s i d e r e
d   " t w i c e condemned"; they had been shipped to Australia from England and
from Australia to the island.
 C o n d i ti o n s   w e r e   s o   b a d   t h a t ,   a l l e g e d l y ,   m e n   w h o   r e c e i v e d reprieves
from the death penalty wept.
 The first thing Maconochie did was to eliminate the flat sentence structure used in Norfolk at
the time of his arrival.
 I n s t e a d o f r e q u i r i n g c o n v i c t s t o s e r v e t h e i r s e n t e n c e s w i t h n o hope of
release until the full sentence had been served, Maconochie initiated a"mark system"whereby a
convict could earn freedom by hard work and good behavior in the prison.
 The earned marks could be used to purchase either goods or a reduction in sentence.
 Prisoners had to pass through a series of stages beginning with strict imprisonment
through conditional release to final freedom.
 Movement through the stages was dependent upon the number of marks accredited.

Sir Walter Crofton

 Like Maconochie, Sir Walter Croft on believed the length of the sentence should not
be an arbitrary period of time but should be related to the rehabilitation of the offender.
 Aft er becoming the administrator of the Irish Prison System in 1854,
C r o ft o n   i n i ti a t e d   a   s y s t e m   i n c o r p o r a ti n g   t h r e e   c l a s s e s   o f   penal servitude:

1. Strict imprisonment,
2. Indeterminate sentences,
3. and tickets-of-leave.

T h i s i n d e t e r m i n a t e s y s t e m o r I r i s h s y s t e m , a s i t c a m e t o b e known, permitt ed
convicts to earn marks to move from
solitaryc o n fi n e m e n t   t o   a   r e t u r n   t o   t h e   c o m m u n i t y   o n   a   c o n d i ti o n a l pardon
or ticket-of-leave.

Zebulon Brockway

 Z e b u l o n   B r o c k w a y ,   a   M i c h i g a n   p e n o l o g i s t ,   i s   u s u a l l y   c r e d i t e d with initiating
indeterminate sentences and parole release in the United States.
 Similar to Maconochie and Croft on, Brockway believed
inmatess h o u l d   b e   a b l e   t o   e a r n   t h e i r   w a y   o u t   o f   p r i s o n   t h r o u g h   g o o
d behavior.
 Thus, they should receive a sentence that could vary in length depending upon their
behavior in prison

In his opinion, this had two advantages

 First, it would provide a release valve for managing prison
populations.
 Second it would be valuable in reforming offenders because they would be earning release
by demonstrating good behavior.
 Brockway had the opportunity to pioneer this proposal
intop r a c ti c e   i n   1 8 7 6   w h e n   h e   w a s   a p p o i n t e d   s u p e r i n t e n d e n t   o f  
Elmira Reformatory for youthful offenders in New York.
 I n m a t e s   a t   E l m i r a   w e r e   g r a d e d   o n   t h e i r   c o n d u c
t , achievement, and education.
 On thebasis of their behavior in the
reformatory, theyw e r e   g i v e n   p a r o l e .   V o l u n t e e r   " g u a r d i a n s "  
s u p e r v i s e d   t h e p a r o l e e s   a n d   s u b m i tt e d   w r i tt e n   r e p o r t s   d o c u m
e n ti n g   t h e i r behavior in the community.
 A conditi on of the parole was that the off ender report to the guardian each
month.

Thus, by the turn of the century the major concepts underlying parole were in place in the United
States:

(1) a   r e d u c ti o n   i n   t h e   s e n t e n c e   o f   i n c a r c e r a ti o n   b a s e d   o n   g o
o d behavior in prison;(2) supervision of the parolee in the community; and(3) indeterminate
sentences.
 By 1901, twenty states had parole statutes and by
 1944, every jurisdicti on in the United States had some form of  parole
release and indeterminate sentencing.
What is Executive Clemency?

I t   r e f e r s   t o   C o m m u t a ti o n   o f   S e n t e n c e ,   A b s o l u t e   a n d   C o n d i ti o n a l Pard
on, with or without parole conditi ons, as may be granted by the President of the Philippines
upon the recommendation of the Board of Pardon and Parole

Forms of Executive Clemencies Commutation

– an act of the president changing/ reducing a heavier sentence to a lighter one or a

longer term into a shorter term. It may a l t e r d e a t h s e n t e n c e t o l i f e s e n t e n c e o r l i f e
s e n t e n c e t o a t e r m o f   years. It does not forgive the offender but merely to reduce the penalty
pronounced by the court.

Reprieve– a temporary stay of the executi on of sentence especially the execution of the Death
Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date of execution of
sentenced is set back several days to enable the Chief to study the peti ti on of the
condemned man for commutation of sentenced or pardon.

Pardon– an act of grace extended to prisoners as a matt er of right, vested to the Chief
Executive (The President) as a matter of power.

What is amnesty? It is an act of the sovereign power granting oblivion or a general pardon for a
past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted
in behalf of certain classes of persons, who are subject to trial but have not yet been convicted.
(Brown vs. Walker, 161 US 602)

What is pardon? It is an act of grace proceeding from the power entrusted with the execution
of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts
for the crime he has committed.

Two Kinds of Pardon

a. Conditional Pardon – a pardon given with requirement sattached.

b. Absolute Pardon– a pardon given without any condition attached.

Can the Offended Party grant Pardon? Yes, the offended party can grants pardon.

What is the effect of pardon by the offended party?

 A   p a r d o n   b y   t h e   o ff e n d e d   p a r t y   d o e s   n o t   e x ti n g u i s h   c r i m i n a l action except as
provided in Article 344 of RPC. But civil liability with regard to the interest of the injured party is
extinguished by his express waiver.
 Pardon under Art. 344 of RPC must be made before institution of criminal prosecution.

Note:
Pardon under Art. 344 of RPC is only a bar to criminal prosecution. Art. 89 of RPC does not mentioned
pardon by the offended party as one of the causes of total extinguish of criminal liability.

Distinction of the pardon by the Offended Party and Pardon Granted by the President
 1 .   P a r d o n   g r a n t e d   b y   t h e   C h i e f   E x e c u ti v e   e x ti n g u i s h e s   t h e   c r i m i n a l liability of the
offender, but not in the pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not include civil liability, which the off ender must
pay, while pardon granted by the off ended party can waive the civil liability, which the offender
must pay.
3. Pardon granted by the off ended party should be given before
thep r o s e c u ti o n   o f   t h e   c r i m i n a l   a c ti o n ,   w h e r e a s   p a r d o n   b y   t h e   C h i e f   Exe
cutive may be extended to any of the offenders after conviction.

Distinction between Amnesty and Pardon

–   i n c l u d e s   a n y   c r i m e   a n d   i s   e x e r c i s e d   i n d i v i d u a l l y   b y   t h e President. It is
exercised when the person is already convicted. It looks forward and forgives the offender from the
consequences of an offense o f w h i c h h e h a s b e e n c o n v i c t e d , t h a t i s i t a b o l i s h e s o r
f o r g i v e s t h e punishment.

Amnesty is a general pardon extended to a class of persons or
community who may be guilty of political offenses. It may be exercised e v e n   b e f o r e
t r i a l   o r   i n v e s ti g a ti o n .   I t   l o o k s   b a c k w a r d   a n d   p u t s   i n t o oblivion the crime that has
been committ ed. It is proclaimed by the President with the concurrence of congress.

What is Act No. 4103?

An act to provide for an indeterminate sentence and parole
fora l l   p e r s o n s   c o n v i c t e d   o f   c e r t a i n   c r i m e s   b y   t h e   C o u r t s   o f   t h e Philippine
Islands.
It is an act to create a Board of Indeterminate Sentence and to provide funds therefore and for other
purposes.

W h a t   a r e   t h e   p e n a l ti e s   t o   b e   d e t e r m i n e d   b y   t h e   c o u r t   a s referred
to Indeterminate Sentence Act?
 
 The two penalties are Maximum and Minimum terms. The law should be applied in imposing a prison
sentence for a crime punishable either by Special Law or by Revised Penal Code.

When Indeterminate Sentence Law is not applicable?

Indeterminate Sentence shall not applicable to the following:
•Persons convicted of offenses punished with death penalty or life imprisonment.
•T h o s e   c o n v i c t e d   o f   t r e a s o n ,   c o n s p i r a c y   o r   p r o p o s a l   t o commit treason.
Those convicted of misprision of treason, rebellion, sedition or espionage.
•Those convicted of piracy.
• Those who are habitual delinquents.
•Those that shall have escaped from confinement or evaded sentence.
•Those who violated the terms of conditi onal pardon Those whose maximum term of
imprisonment does not exceed one year.
• Those who, upon the approval of the law (Dec. 5, 1933), had been sentenced by
final judgment. (Sec. 2, Act. 4103)
•Those sentenced to the penalty of destierro or suspension.

What is PD 603 as amended by RA 9344?

The Child and Youth Welfare Code.

What is RA 9344?
An act establishing a comprehensive Juvenile Justice and WelfareSystem.

REFERENCES:
 Abadinsky, Howard. 1997. Probation and Parole. Upper Saddle River, New Jersey: Simon &Shuster.Clear, Todd, and
George Cole. 1997. American Corrections. Belmont, Ca.: WadsworthPublishing.
POPSHEETS IN CORRECTIONAL ADMINISTRATION- 2www.rico_musong@yahoo.com