NON-INSTITUTIONAL CORRECTION/PROGRAM

- Known as Community Based Correction/Program

- Method of correcting sentence offender (convicted by the court) without having to go
to prison. 
2 kinds of Non-Institutional Correction:
1. Probation (Probationer)
- Created under PD 968
- Applicable to convicted offender who has a sentence to 6 years or less than 6 years. 
- Applied to the court by the trial judge
- Given within 15 days
2. Parole (Parolee) 
- Created under the Law Act No. 4103
- Creating indeterminate sentence law (sentence having a fixed minimum and fixed
maximum sentence) 
- Created Parole in the PH
- Convicted offenders must serve half of his indeterminate sentence and he will be
release from prison before his sentence expiration and must continue his serving in the
community. 
- Applied in BPP and grant by the BPP members
Advantages of Community-Based Corrections: 
1. Family members need not to be victims also for the imprisonment
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals
3. Rehabilitation can be monitored by the community
4. Cost of incarceration
Memorandum of agreement for the jail decongestion program:
- Agreement between 6 agencies to ease the problem of prison overcrowding. (BJMP,
Public Attorney’s Office, Bureau of Corrections, Probation and Parole
Administration, and Boards of Pardons and Parole)
- Created in February 17, 1993
- RA 6036 – Release of Recognizance
- RA 6127 – Grant of full-time credit
- PD 968 – Adult Probation Law
- BP 85 – Preventive Imprisonment
Boards of Pardons and Parole 
- Was created pursuant to Act No. 4103 on December 5, 1933
- it is intent of the law to uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive deprivation of personal liberty.
- Act No. 4103 – Board of Indeterminate Sentence
- E.O 88 – gave the board the authority to advice the President in giving executive
clemency. Change the name of the board to Board of Pardon (1973)
- E.O 94 – Reorganization Law of 1947, created the Boards of Pardons and Parole.
Functions: 
1. To grant parole to qualified prisoners; 
2. To recommend to the President the grant of pardon and other forms of executive
clemency; 
3. To authorize the transfer of residence of parolees and pardonees, order their arret and
recommitment, or grant their final release and discharge. 
Indeterminate Sentence Law 
1. Maximum – taken from the penalty imposable under the penal code.
2. Minimum – taken from the penalty next lower to that fixed in the code.
Duration of Sentence:
1. Reclusion Perpetua – imprisonment for at least 30 years after which the convict
becomes eligible for pardon. It also carries with its accessory penalties,
namely: Perpetua special Disqualification, etc., - 20 years and 1 day to 40 years
2. Reclusion Temporal – 12 years and 1 day to 20 years
3. Prison Mayor and Temporary Disqualification – 6 years and 1 day to 12 years
4. Prison Correccional, suspension, and destierro – 6 months and 1 day to 6 years
5. Arresto Mayor – 1 month and 1 day to 6 months
6. Arresto Menor – 1 day to 30 days
Parole and Probation Administration
- Created pursuant to PD 968 on July 24, 1976
- To administer the probation system
- Under Executive Order No. 292; The probation Administration was renamed as the
Parole and Probation Administration.
- Has the function of supervising prisoners who, after serving part of their sentence in
jails are released on parole or granted conditional pardon. 
Executive Clemency
- Is an act of mercy or leniency from certain consequences of criminal conviction
- Exercised by the President
- Applied to the President of PH and approved by the President
- Recommendation from the BPP
- Amnesty, Commutation of Sentence, Conditional Pardon, Reprieve, Absolute
Pardon
- President has the power to grant pardons, amnesty, commutation, reprieves, amnesty
for all offenses except impeachment cases
WHO MAY APPLY: 
- A prisoner that is not qualified for Parole
WHEN TO APPLY:
- Commutation sentence – once the prisoner has served at least 1/3 of the minimum of
his indeterminate sentence; 
WHERE TO APPLY: 
- The President of the Philippines, through the Chairman, Board of Pardons and Parole. 
Pardon 
- Is a form of executive clemency granted by the President of the Philippines as a
privilege extended to a convicts as discretionary act of grace.
Absolute Pardon 
- Refers to the total extinction of the criminal liability of the individual to
whom its granted without any conditions
- Restores his civil rights/has no condition
Conditional Pardon 
- Refers to the exemption of an individual within certain limits or conditions 
- Partial extinction of criminal liability
- An inmate who has been reformed but not eligible for parole
The Purpose of absolute pardon are: 
1. To right a wrong
2. To normalize a tumultuous political situation 
Amnesty
- It is an act of grace by the Chief Executive 
- General Pardon
- Resulting to eradication of criminal liability and all the effects
- But for this grant, the concurrence of congress is required
- As a general rule, amnesty is given to a group of persons, usually for political offenses
- In the US the first Amnesty was proclaimed in 1945 by Pres. Harry S. Truman
- The second is after the Korean War in 1952
- In the Philippines the first one was issued under Presidential Proclamation no. 51 by
then Pres. Manuel Roxas. 
- The second was Proclamation no. 76 issued by then Pres. Elpidio Quirino. 
Difference between Amnesty and Pardon: 
- Amnesty requires concurrence of the legislature while pardon is the exclusive
prerogative of the President
- As a general rule, Amnesty is given to a group of persons, usually for political offenses
while Pardon is granted to a particular convict, for a particular crime or offense. 
- Pardon is granted only after final judgement while Amnesty is granted at any stage of
the proceedings of the prosecution of the accused. 
 
 
Commutation of Sentence
- Refers to the reduction of the duration of a prison sentence of a prisoner
- Prerogative of the President
- An act of clemency by which a heavier or longer sentence is reduced to a lighter
sentence
- Commutation is allowed when; 
1. Person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty
- Death Penalty to Life Imprisonment
Minimum Requirements a prisoner must meet before petition foe executive
clemency may be reviewed: 
For Commutation of Sentence
1. The prisoner shall have served at least 1/3 of the minimum sentence
2. At least 10 years for prisoners sentenced to Reclusion Perpetua or Life Imprisonment
for crimes
3. At least 12 years for prisoners whose sentences were adjusted to a definite prison term
of 40 years
4. At least 15 years for prisoners convicted for heinous crime as defined in Republic Act
No. 7659
5. At least 20 years in case of 1 or more death penalty/penalties, which was/were
automatically reduced or commuted to 1 or more Reclusion Perpetua or Life
Imprisonment.
Reprieve
- Prerogative of the President
- Applied to death sentence affirmed by the Supreme Court 
- Refers to the deferment/stay of the execution of the sentence for an interval of time
(2months)
- It does not annul the sentence but merely postpones or suspends its execution
- Temporary postponement of Death Penalty
Parole and Probation Administration
- Created pursuant to (P.D) no. 968 July 24, 1976
- To administer the probation system
- Under the Executive Order No 292
➢ The Probation Administration was renamed as The Parole and Probation
Administration
- Has the function of supervising prisoners who after serving part of their sentence jails
are released on parole or granted conditional pardon.
 
 
 
 
  
Probation
- From the word “Probation” is derived from the latin word “Probare” which
means “to Prove”
- Originated in England, 1841
- Matthew Davenfort Hill; the Father of probation in England
- Legally started in US, April 26, 1878
- Massachusetts developed the first statewide probation system
- National Probation Act on March 4, 1925. Signed by President Calvin Coolidge,
the US Federal Probation Service was established.
- Edward H. Savage the 1  Probation officer employed by the Government.
st

John Augustus (1785 – June 21, 1859) 

- Was a Boston shoe maker
- Considered as the Father of Probation in the United States
- Recognized as the 1  true Probation Officer
st

- John Augustus attended police court to bail out a “common drunkard”

- Augustus has an 18-year career as a volunteer probation officer
Probation in the Philippines
- Probation was 1  introduced in the Philippines during the American colonial period
st

(1898-1945) with enactment of Act 4221 on August 7, 1935

- This Law created a Probation Officer under the Department of Justice
- It was declared unconstitutional by the Supreme Court on November 16, 1937 after
barely 2 years of existence. (REASONS) People vs Vera:
1. It encroaches upon the pardoning power of the executive
2. It constitutes an undue delegation of legislative power
3. It denies the equal protection of the laws
- In 1972, House Bill No. 393 intended to establish a probation system in the Philippines
was field in congress (by Teodulo Natividad and Ramon Bagatsing) 
- The bill was passed by the House of Representatives and was pending in the Senate
when Martial Law was declared, and the Congress was abolished. 
- President Decree No. 968 also known as Adult Probation Law of 1976 was signed
into law by the President of the Philippines, Ferdinand E. Marcos, July 24, 1976. 
- The Law gave birth to the agency named Probation Administration, a line agency
under the Department of Justice, Effectively on January 3, 1978
 
Probationer- person undergoing probition

Teodulo Natividad- father of probation

Minimum and Maximum =Indeterminate sentence

Released of Recognisance- offender