1.

1 Introduction to Non-institutional Corrections

Correction

 Process of changing bad behavior into good behavior.

 Pillar charged with an offender's custody, supervision, and rehabilitation. (positivist doctrine influence)
 Considered the weakest pillar in the CJS (failure to rehabilitate criminal offenders)

Inmate(general)- all persons inside jail and prisons, penal colonies

Persons Deprive of their Liberty (current term used)

Penology- Greek term “poine” and Latin term ‘poena’- punishments, pain or suffering

Logos- science

CONTEMPORARY FORMS OF PUNISHMENTS

1. Imprisonment – putting offenders in jail or prison for the purpose of:

o protecting the public from the criminal; and at the same time

o rehabilitating them by requiring the latter to undergo institutional treatment program.

Traditional purposes of imprisonment:

o to insure the presence of the accused during trial;

o to administer punishment by confinement or incarceration; and

o to secure the society from being molested by undesirable characters.

The legal grounds of detaining a person:

o commission of a crime; and

o violent insanity or any other ailment requiring compulsory confinement in a hospital

2. Parole – it is the conditional release of a prisoner granted by the Board of Pardon and Parole (BPP) after he has served a part of his sentence in prison for the
purpose of gradually re-introducing him to free life under the guidance and supervision of a parole officer.

3. Probation – A disposition under which a defendant after conviction and sentenced is released subject to the conditions imposed by the court and under the
supervision of a probation officer.

4. Fine – An amount given as a compensation for a criminal act.

5. Destierro – The penalty of banishing a person from the place where he committed a crime.

6. Capital punishment – refers to the authorized execution of a convicted accused.

 the electric chair

 the firing squads
 gas chamber
 burning at the stake
 being fed alive to lions and other animals
 death by stoning
 disemboweling
 prisoners were often boiled alive
 traitors were beheaded or drowned, and
 the most famous execution in history, by nailing to a cross.

Correctional Systems in the Philippines

1.     Institutional Correction
  Rehabilitation in the different places of confinement.
 Places of confinement:
 Jail
 Prison
 Penal colonies

2.     Non-institutional Corrections

 Rehabilitation in the community

 Community-based rehabilitation

Dual Purpose of Correction

 Punishment
 Rehabilitation

HISTORY OF PROBATION

Probation

-       derived from the Latin word “Probare,” meaning “to prove”.

Forerunners of Probation:

a)    Benefits of Clergy (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 that jurisdiction
by the bishop or chaplain representing him and placed under the authority of the ecclesiastical court.

b)    Judicial Reprieve (Early in the 17th century)

- temporary suspension of the execution of sentence by the judge either before or after judgment. English courts began to grant reprieves to prisoners under
sentence of death on condition that they accept deportation to American settlements.

c)    Recognizance or “binding over for good behavior”

- this is the direct ancestor of probation.

- obligation or promise under oath that the accused must “keep the peace” and “be of good behavior”.

-          applied to any felony which are not capital in nature.

-          Read about John Augustus (Father of Probation) https://www1.nyc.gov/site/probation/about/history-of-probation.page

d)    Transportation

-          sending or putting away of an offender to another colony.

-          substitute for brutal punishment and an opportunity for rehabilitation in a new country.

Matthew Davenport Hill

-          considered the “father” of probation in England.

Massachusetts

-          the first State where the first practical demonstration of probation, the first use of the term as a court service and the enactment of the first probation law
occurred.

John Augustus

-         first volunteer probation who in 1841 secured the release of a drunkard at Boston court by acting as surety.

-         Father of Probation

-         Father of American Probation

History of Probation

Probation - From the Latin verb "probare" - to prove, to test. A term coined by John Augustus.

Origin of Probation
The origin of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on adults and children alike for offenses that
were not always of a serious nature. Sentences such as branding, flogging, mutilation, and execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death, many of which were minor offenses.

This harshness eventually led to discontent in certain progressive segments of English society that were concerned with the evolution of the justice system. Slowly
but resolutely, in an effort to mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal pardons could be purchased by the
accused; activist judges could refrain from applying statutes or opt for a lenient interpretation of them; stolen property could be devalued by the court so that
offenders could be charged with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of
protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of temporary release during which offenders could take measures to secure
pardons or lesser sentences. Controversially, certain courts began suspending sentences.

In the United States, particularly in Massachusetts, different practices were being developed. "Security for good behavior," also known as “good aberrance,” was
much like modern bail: the accused paid a fee as collateral for good behavior. Filing was also practiced in cases that did not demand an immediate sentence. Using
this procedure, indictments were "laid on file" or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based
upon minor technicalities or errors in the proceedings. Although these American practices were precursors to probation, it is the early use of recognizance and
suspended sentence that are directly related to modern probation.

Modern Probation

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-day terms on the condition that they be returned to a parent or
guardian who would closely supervise them. When he eventually became the Recorder of Birmingham, 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 placed in the hands of generous guardians who willingly
took charge of them. Hill had police officers pay periodic visits to these guardians in an effort to track the offender's progress and keep a running account.

John Augustus, the "Father of Probation," is recognized as the first true probation officer. Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was
a permanent resident of Boston and the owner of a successful boot-making business. It was undoubtedly his membership in the Washington Total Abstinence
Society that led him to the Boston courts. Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol could be rehabilitated
through understanding, kindness, and sustained moral suasion, rather than through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer. The offender was ordered to appear in court three weeks later
for sentencing. He returned to court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor had
dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating whether or not a candidate would likely prove to be a successful subject for probation.
The offender's character, age, and the people, places, and things apt to influence him or her were all considered.

Augustus was subsequently credited with founding the investigations process, 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 his method of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this number forfeited their bond, a remarkable accomplishment when
measured against any standard. His reformer's zeal and dogged persistence won him the opposition of certain segments of Boston society as well as the devotion
and aid of many Boston philanthropists and organizations. The first probation statute, enacted in Massachusetts shortly after this death in 1859, was widely
attributed to his efforts.

Following the passage of that first statute, probation spread gradually throughout the United States. The juvenile court movement contributed greatly to the
development of probation as a legally-recognized method of dealing with offenders. The first juvenile court was established in Chicago in 1899. Formalization of
the intake process is credited to the founders of the Illinois juvenile court. Soon after, 30 states introduced probation as a part of the juvenile court procedure.
Today, all states offer both juvenile and adult probation.

Matthew Davenport Hill 

-          Father of Probation in England

-          Lawyer

Governor Alexander H. Rice (Massachusetts)

-          signed the first probation law which provided the appointment and prescribed the duties of a paid probation officer

-          Edward Savage – first paid and official probation officer.

Vermont

-          second state to enact a probation law with the signing of Vermont Act of 1898.
-          first to adopt the County Plan of probation.

Vermont Act of 1898

-          provided probation only after suspension of sentence of the execution of sentence.

-          county judge to appoint probation officers who would serve all courts in the county

January 11, 1909

-           the first Probation Bill was introduced during the 60th congress, 2nd session by Representative McCall of Massachusetts.

March 4, 1925

-          The first Federal Probation Act became law, signed by President Calvin Coolidge.

Minnesota and Illinois (1899)

-          enacted laws giving probation service to children only

Rhode Island

-          first completely state-administered probation system appeared.

Connecticut and Michigan

-           state to enact general probation law in 1903.

Connecticut

-   every court was authorized to appoint one or more probation officers.

-   first Act limited the use of probation to persons convicted of misdemeanors (limitation removed two years after)

Michigan- Law limited probation to first-time offenders. 

Disqualifications for Probation

SEC. 9, RA 10707

• The benefits of this Decree shall not be extended to those:

1.     sentenced to serve a maximum term of imprisonment of more than six (6) years.

2.     convicted of any crime against the national security

3.     who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6)
months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00)

4.     who have been once on probation under the provisions of this decree

5.     who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to
Section 33

6.     Those legally disqualified under special penal laws:

a.    Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg. 881(Omnibus Election
Code);

b.    (2) Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization Act, as amended);

c.    Offenders found guilty of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act of 2002, except
Sections 12, 14, 17, and 70.

Duration of Penalties

Reclusion Perpetua 20 years, 1 day to 40 years imprisonment

Reclusion Temporal 12 years, 1 day to 20 years imprisonment

Prision Mayor 6 years, 1 day to 12 years imprisonment

Prision Correccional 6 months, 1 day to 6 years imprisonment

Arresto Mayor 1 month, 1 day to 6 months

Arresto Menor 1 day to 1 month

Crimes against National Security

-          Articles 114-123, Book 2, Title 1, Revised Penal

Code https://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#.Xt9vTs8zZdg  (Links to an external
site.)

DQ 1: Those who were sentenced to a maximum term of more than 6 years imprisonment.

QUESTION:  Should multiple terms imposed against an accused in one decision be added up for purposes of
probation?

Read: FRANCISCO VS. CA, G.R. No. 108747 April 6,

1995 https://lawphil.net/judjuris/juri1995/apr1995/gr_108747_1995.html  (Links to an external site.)

DQ 3: Those who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than 6months and one day and/or a fine of not less than 1000 pesos.

QUESTION: To what does the word “previous” in the law refer?

ANSWER: the word “previous” refers to conviction and not to the commission of the offense.

RURA VS LOPENA (under the old provision)

FACTS:  The accused committed 5 separate estafa cases on different dates. The accused was found guilty of those 5
estafa cases on the same day. The penalty imposed in each case was 3 months and 15 days.

ISSUE: Is the accused disqualified for probation on the ground that “Those who have previously been convicted by final
judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than
200 pesos.”

HELD: NO, the word previous in section 9 (c) refers to conviction, not to the commission of the offense.

• Not all qualified are eligible to undergo probation. The grant or denial of probation depends on the convicting
court’s discretion.

The Court will not grant Probation if it finds:

a.    The offender can be treated better in a mental institution or other places for correction

b.    The offender is a risk to the community

c.    The offense is grievous to the eyes of the community   Note: Probation starts upon issuance of the order granting
probation. 

Outside Travel and Change of Residence

OUTSIDE TRAVEL

1.     The PPO may authorize a probationer to travel outside his/her area of operation/territorial jurisdiction for a period of not more than ten (10) days. However, if
it exceeds 10 days but not more than thirty (30) days, approval of the CPPO is required. Accordingly, a Request for Outside Travel (PPA Form 7) with said Office,
properly recommended by the SO, should be duly accomplished. 

2.     If the requested outside travel is for more than thirty (30) days said request shall be recommended by the CPPO and submitted to the Trial Court for approval.

3.     Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months shall be considered as a courtesy supervision.

CHANGE OF RESIDENCE

1. The probationer must file a request for change of residence at the City or Provincial Parole and Probation Office for court approval.
2. If approved, The RTC which has jurisdiction over the place shall have full control of the probationer.

Conditions of Probation

Mandatory Conditions after the Grant of Probation (sec 10, PD 968)

The probationer shall be required to:

1.     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 said order.

2.     Report to the probation officer at least once a month at such time and place as specified by said order.

General Conditions:

1.     The probationer must present himself to his probation officer within 72 hours

2.     Report to his probation officer at least once a month

3.     Not to commit another crime

4.     Comply with any other lawful conditions imposed by the court.

Other Conditions which may be imposed

-          Read: Section 10, PD 968 https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html (Links to an

external site.)

INFRACTION

-          Violation of probation conditions.

-          Read: Section 15, PD 968 https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html (Links to an

external site.)

What is the effect if the probationer committed an infraction which is considered a crime?

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

Procedure in case the Probationer violated the condition/s of the Probation Order

1.     The court may issue a warrant of arrest of the probationer.

2.     He shall be brought before the court for a hearing of the violation charged. The hearing shall be summary in
nature.

3.     If the violation is established, the court may:

a.     revoke the probation, in which case the probationer shall be made to serve the sentence originally imposed;
or

b.    continue his probation and modify the conditions thereof

Modification of Conditions

When can the Court Modify the Conditions for Probation?

a. at any time during supervision

b. after summary hearing when the probationer violated any of its conditions
c. 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.

Section 12, PD 968 - Modification of Condition of Probation

During the period of probation, the court may, upon application of either the probationer or the probation officer,
revise or modify the conditions or period of probation. The court shall notify either the probationer or the
probation officer of the filing such an application so as to give both parties an opportunity to be heard thereon.

Termination of Probation:

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 and response to treatment

      c. recommendation

Two ways of terminating probation:

1.     After period of probation with satisfactory compliance with conditions of probation.

2.     Other ways of terminating probation

a.    termination before the expiration of the period (served at least 1/3 of the imposed period but not less than 6 months)

b.    termination by pardon of the probationer (either absolute or conditional)

c.    Deportation of the probationer – when an alien on probation is deported, probation will necessary be terminated.

d.    Death of probationer.

Rights Restored after Termination of Probation

a.    all civil rights suspended when the offender was convicted and sentenced are restored after the termination of probation

b.    liability to pay a fine is also discharged IN CASE OF SUBSIDIARY IMPRISONMENT

Termination (+) Cancellation (-)

-          ends the burden of probation -          revokes the grant of probation

-          restores the suspended rights -          causes the service of the original sentence of the offender

-          initiated by the submission of a termination report by the PPO -          initiated by the submission of an infraction report by the PPO