Second Approach: NON- INSTITUTIONAL CORRECTION

This is termed as a community-based correction; an alternative for imprisonment. It focuses on modern

community correctional programs of rehabilitation, to the exclusion of punishment, deterrence, and
incapacitation of criminal offenders.

Probation
In criminal law, probation is a period of supervision over an offender, ordered by the court instead of
serving time in prison. In some jurisdictions, the term probation applies only to community sentences, such
as suspended sentences. This is a correctional procedure much less expensive than incarceration. It is
designed to give provide the offenders treatment outside the prison where they can maintain ties to
conventional society.
(PD 968, as amended by RA 10707)

The law defines probation as a disposition under which the defendant. After conviction and sentence, is
released, in accordance to the conditions regulated by the court with the supervision of the Probation
officer. The law aims to promote correction and rehabilitation to the convicted offender and an opportunity
for reformation which might be achieved outside prison sentence.

Offenders who are disqualified from the PROBATION law are those:

A. Sentenced to serve a maximum term of imprisonment of more than 6 years.

B. Convicted of any crime against national security
C. Those who have been convicted by final judgment of an offense punished imprisonment of more than
six (6) months and one (1) day and or a fine of more than a thousand pesos (1,000.000); (as amended by
section 2. RA 10707)
D. Those who have been once on probation under the provision of this degree
E. Who are already serving sentence at the time the substantive provisions of this degree became
applicable pursuant to 33 hereof.

Benefits of Probation:
1. To the society - when offenders turn from their error and serve the society.
2. To the offender - regain self-respect and continue ties with love ones.
3. To the government - help relieve congestion in jail and cut on jail expenses.

Board of Pardons and Parole - It was created pursuant to Act No. 4103, as amended. It is the intent of
the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty.

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 arrest and commitment, or
grant their final release and discharge.

Basis for Granting of Parole

1. The prisoner is fit to be released.
2. There is a reasonable probability that, if released, he or she will live and remain at liberty without
violating the law; and,
3. His or her release will not be incompatible with the welfare of society.

Pardon
Pardon is a government decision to allow a person to be relieved of some or all of the legal consequences
resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime,
depending on the laws of the jurisdiction.

Executive Clemency may be exercised through:

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Commutation – refers to the reduction of the duration of prison sentence of a prisoner. A person over 70
years may have this provision or when 8 justices fail to reach a decision affirming the death penalty.

Absolute Pardon - An act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual from the penalty of the crime he has committed.

Conditional Pardon - If delivered and accepted, it is a contract between the executive and the convict that
the former will release the latter upon compliance with the condition.

Reprieve - refers to the deferment of the implementation of the sentence for an interval of time; it does not
annul the sentence but merely postpones or suspends its execution

Basis for Grant of Executive Clemency

The BPP recommends to the President the grant of executive clemency when any of the following
circumstances are present:
 1. The trial or appellate court recommended in its decision the grant of executive clemency
for the prisoner.
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed.
3. Offender qualifies as a youth offender at the time of the commission of the Offense
4. Prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. .Alien prisoners where diplomatic considerations and amity among nations necessitate
review; and,
7. Other similar or analogous circumstances whenever the interest of justice will be served
thereby.

Disqualification from Executive Clemency

1. Convicted of evasion of service of sentence;
2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of Violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs
Act of 2002;
6. Convicted of offenses committed under the influence of drugs;
7. Whose release from prison may constitute a danger to society.

PAROLE - A parole is a conditional pardon. It refers to the conditional release of an offender from a
correctional institution after he serves the minimum term of his prison sentence. It does not have the effect
of extinguishing the criminal liability of the offender.

Figure 2 - Parole or early release

Source: https://www.youtube.com/watch?v=RrlzRD6FoKQ&feature=youtu.be
Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board. However,
the Board may, motu proprio, consider cases for parole, commutation of sentence or conditional pardon of
deserving prisoners whenever the interest of justice will be served thereby.

Disqualification for 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) year 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.

INDETERMINATE SENTENCE LAW (ISLAW)

(Act No. 4103, as amended, Dec. 5, 1933)
The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness.

Coverage of ISLAW
1. Revised Penal Code (RPC) - The court shall sentence the accused MAXIMUM TERM of which, in view of
the attending circumstances, could be properly imposed under the code the MINIMUM TERM which shall
be within range of the penalty next lower in degree to that prescribed by the offense.
2. Special Penal Law (SPL) -The court shall sentence the accused to an indeterminate sentence, the
MAXIMUM TERM of which shall not to exceed the maximum fixed by said law and the minimum shall not
be less than the MINIMUM TERM prescribed by the same.

ISLAW is not applicable to persons who are:

1. Convicted of offenses punished with death or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.
4. Those who shall have escaped from confinement or evaded sentence.
5. Those who having been granted conditional pardon by the President shall
have violated the terms thereof.
6.Those whose maximum period of imprisonment does not exceed one year.
7. Those already serving final judgment upon the approval of this act (December 5, 1933).
8. Those sentenced to the penalty of des tierro or suspension.