CA2

NON-INSTITUTIONAL
CORRECTION
Instructor: NORA A. VILLANUEVA, RCRIM, LPT
COURSE DESCRIPTION
The course deals with the Presidential Decree 968, otherwise known as
the “Probation Law of 1976 as Amended” which establishing a probation
system in the Philippines, its historical background, philosophy, concepts
and operation as a new correctional system, investigation, selection and
condition of probation, distinction between incarceration, parole, probation
and other forms of executive clemency, total involvement of probation in
the administration of the Criminal Justice System. This course also treats
the study of Act 4103, as amended otherwise knowns as the
“Indeterminate Sentence Law” that created the Board of Pardons and
Parole, system of releasing and recognizance, execution, clemency and
pardon.
OBJECTIVES:
At the end of the semester the students will be able to:
1. Understand the concept of Non-institutional Corrections;
2. Gain wisdom on the concept of Executive Clemency
3. understand and comprehend the guideline on the grant of
Probation; and
4. Cope up the concept of Parole System.
COURSE OUTLINE

INTRODUCTION COMMUNITY-BASED
01 02 CORRECTION AND
ITS BACKGROUND

TEMPORARY PARDON AND

03 RELEASE OF 04 OTHER FORMS
DETAINED OF EXECUTIVE
PERSONS CLEMENCY
COURSE OUTLINE

PAROLE AND AMNESTY

05 PROBATION 06
ADMINISTRATION

THE GOOD INDETERMINATE

07 CONDUCT TIME 08 SENTENCE LAW
ALLOWANCE
(GCTA)
COURSE OUTLINE

PROBATION COURSE
09 10 SUMMARY
COMPUTATION OF GRADES
Per Term Final Grade
Attendance - 10% Prelim - 20%
Recitation - 10% Midterm - 20%
Exercises - 20% Pre-final - 20%
Quizzes - 20% Finals - 40%
Examination - 40%
TOTAL: 100% TOTAL: 100%
01

INTRODUCTION
Correction as a
component of CJS is
responsible for:
● Maintenance
● Protection
● Reformation
● Deterrence

Approaches:
Institutional and Non-institutional or both
02

COMMUNITY-BASED
CORRECTION
Community-based
Correction
● Intended to treat criminal offenders
within the free community

● Correction activities directly

addresses to the offender with the
aimed of helping them to become a
law-abiding citizen
Principles of Community-based
Correction

Humanitarian Aspect Low self-esteem; broken

homes

Restorative Aspect Capability to improve and

change for the better

Managerial Aspect Cost of custody

Facilities
Advantage of Community-based
Correction
1. Family members need not be victims also for the imprisonment of a
member because the convict can still continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed
to hardened criminals in prisons who will only influence him to a life
of crime.
3. Rehabilitation can be monitored by the community thus corrections
can be made and be more effective.
4. It is less costly on the part of the government. Cost of incarcerations
will be eliminated which is extremely beneficial on the part of the
government.
Advantage of Community-based
Correction
5. Decongestion of Jail

In the Philippines, jail congestion,

particularly in big cities and
municipalities, has been a perennial
problem ever since.
Role of Community in
Community-based Correction
A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community correctional
programs has two potentially competing roles that reflect different
goals:
a. Seeing that offenders comply with the orders of community
sentences.
b. Helping offenders identify and address their problems and needs.
03

TEMPORARY RELEASE
OF DETAINED
PERSONS
Basis of Temporary
Release of Detained
Person
1. 1987 Constitution - Article III: Bill of Rights
2. Rules of Court - Rule 114

Release of an Inmate may occur in the base on

the following instances;
● Upon expiration of sentence
● Order of competent authority
● After being granted parole, pardon or
amnesty.
Release can be in the form/mode of the following:
● Bail
● Release on Recognizance (ROR)
● Probation
● Parole
● Sentenced fully served
● Absolute Pardon
● Conditional Pardon
● Amnesty
● Commutation of sentence
● Destierro
Who are authorized to release?
● The Supreme Court or lower courts- acquittal or bail
● President of the Philippines- Executive clemency
● Board of Pardon and parole- Parole cases
● Director in cases of expiration of sentence
Rules on release
● Prompt release of inmate without delay
● For foreign nationals and those with pending cases the Commissioner
of
● Immigration for the latter and the former at the court shall be notified
30 days before release
● No prisoner shall be released 60 days BEFORE ELECTIONS and 30
days AFTER ELECTIONS.
● All inmates waiting for release shall stay at the separation and
placement center

**PRE-RELEASE SEMINAR
Bail
Bail is the security given for the release of the person in custody of the
law, furnished to them or by a bondsman, to guarantee their appearance
before any court.

Kinds of Bail
1. Corporate Surety Bond
2. Property Bond
3. Recognizance
4. Cash Deposit
When Bail is a matter of Right and Discretion?
Right
Section 4 of Rule 114 states that all persons in
custody shall be admitted to bail as a
matter of right:
1. Before or after conviction by the Metropolitan
Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal
Circuit Trial Court;
2. Before conviction by the Regional Trial Court
of an offense not punishable by
death, reclusion perpetua, or life imprisonment;
and
3. Before judgment of conviction by RTC of an
offense punishable by Death, Reclusion
Perpetua or Life Imprisonment and evidence of
guilt is not strong.
Discretion
1. Before judgment of conviction by the RTC of
an offense punishable by death, reclusion
perpetua or life imprisonment, and the
evidence of guilt is strong.
2. After judgment of conviction by the RTC of
an offense punishable by death, reclusion
perpetua or life imprisonment
3. After judgment of conviction by the RTC and
the penalty imposed is imprisonment
exceeding 6 years but less than death,
reclusion perpetua or life imprisonment, and
any of the following bail-negating
circumstances is present: …..
4. Upon finality of judgment of conviction
unless the Accused file an application for
probation.
 Guidelines in fixing amount
of Bail
Sec. 9. Amount of bail; guidelines. – The
judge who issued the warrant or granted
the application shall fix a reasonable
amount of bail considering primarily, but
not limited to, the following factors:
(a) Financial liability of the accused to
give bail;
(b) Nature and circumstance of the
offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the
accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the
accused;
(g) Probability of the accused appearing at
the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive
from justice when arrested; and
(j) Pendency of other cases where the
accused is on bail.
Excessive bail shall not be required.
Release on
Recognizance
Recognizance is a mode of
securing the release of any
person in custody or detention
for the commission of an offense
who is unable to post bail due to
abject poverty.
Who is qualified?
The release on recognizance of any person in custody or
detention for the commission of an offense is a matter of right
when the offense is not punishable by death, reclusion perpetua,
or life imprisonment; provided that the accused or any person on
behalf of the accused files the application for such.
04

INTRODUCTION TO
FORMS OF EXECUTIVE
CLEMENCY
Executive Clemency
Executive Clemency shall refer to Absolute Pardon, Conditional Pardon
with or without parole conditions and commutation of sentence as may be
granted by the President of the Philippines upon the recommendation of
the Board of Pardons and Parole. Under the law, the President has the
power to grants pardons, commutations, reprieves, amnesty for all
offenses except, impeachment cases and remit fines and forfeitures after
the recipient has been convicted.
Constitutional Basis
1. Art. VII, Sec. 19, 1987 Philippine Constitution
2. Section 5, Article IX (Constitutional Commissions-The Commission on
Elections)

Executive clemency:
1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless
there is violation of the Constitution; and
3. Executive Clemency must often be requested by application or petition
before it is granted. In most jurisdictions, these applications first must be
filed with a reviewing agency such as the state board of pardon and
parole before being seen by the appropriate government head.
Pardon
Pardon is a form of executive clemency granted by
the President of the Philippines as a privilege
extended to a convict as a discretionary act of grace.

A. Absolute Pardon - it refers to the total extinction

of the criminal liability of the individual to whom
it is granted without any condition
B. Conditional Pardon - it refers to the exemption of
an individual, within certain limit or conditions;
from the punishment that the law inflicts for the
offense he has committed resulting in the partial
extinction of his criminal liability.
Commutation of
Sentence
- shall refer to the reduction of the duration of a
prison sentence. It is another prerogative of the
President. It is an act clemency by which a
heavier or longer sentence is reduced to a lighter
or shorter term. Death sentences or life
imprisonment is reduced to a shorter sentence.
Commutation does not forgive the offender but
merely reduces the penalty of life imprisonment
or death sentence for a term or year.
Amnesty

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.
Reprieve

A reprieve is given to suspend the execution of a

sentence in order to give the prisoner time to
find ways to have it reduced. With respect to
capital cases, a reprieve is given to suspend the
execution of the death penalty for a period of
time to consider whether or not it should be
imposed.
End of Presentation