Correctional

administration
Non-Institutional Correction
NON – INSTITUTIONAL CORRECTION

Also known as Community Based Approach

to Correction. Deals on how to reform and
rehabilitate convicted offenders outside the Prison.
Not all convicted offenders have to serve their
sentence behind bars. Some are allowed to stay in
the community, subject to the condition imposed
by the government. It is also a way to decongest
the prison.
 ADVANTAGE OF COMMUNITY
BASED CORRECTION

1. The convict can still continue to

support his family.

2. Avoid exposure to hardened

criminal.
 ADVANTAGE OF COMMUNITY
BASED CORRECTION
3. The government spends much
less when the offender is released
on probation than if he is in prison.
4. Lessen overcrowding in prison.
5. The offender and his family are
spared the embarrassment and
dishonor of imprisonment.
 FORMS OF COMMUNITY BASED
PROGRAM

1. PROBATION

2. PAROLE

3. CONDITIONAL PARDON
First probation Law was passed in
Massachusetts in 1878, authorizing
Mayor of Boston to appoint a
probation officer for Suffolk
Country. In 1891, probation was
practice state wide in
Massachusetts when another law
was passed making it mandatory
for all judges of lower courts to
appoint probation officers.
The first volunteer probation officer was
a shoemaker John Augustus, who in
1841 secured the release of a drunkard
at Boston court by acting as surety. The
offender turned to a “sober, industrious
citizen” under his care.
In short…. JOHN AUGUSTUS IS THE
FATHER OF PROBATION being the
first PROBATION OFFICER.
Who is the father of
Probation in ENGLAND?

Ans. MATHEW DAVENPORT HILL

THE PROBATION LAW IN THE
PHILIPPINES.
Probation was first introduced in the Philippines during the
American colonial period (1898-1945) with the
enactment of Act No. 4221 of the Philippine Legislature
on 7 August 1935. This law created a Probation Office
under the Department of Justice. On November 16, 1937,
after barely two years of existence, the Supreme Court of
the Philippines declared the Probation Law
unconstitutional because of some defects in the law’s
procedural framework.
THE FIRST PROBATION LAW IN THE
PHILLIPINES.

Act No. 4221 – Probation Law of

1935.
Act No. 4221 – Probation Law of 1935.

Supreme Court of the Philippines declared

the Probation Law of 1935 unconstitutional
because it denies equal protection of
Law.
On 24 July 1976, Presidential Decree
No. 968, also known as Probation Law
of 1976, was signed into Law by the
President of the Philippines. Ferdinand
Emmanuel Edralin Marcos.
PD 968 – PROBATION LAW OF 1976.
Cong. Teodulo C. Natividad
authored the Adult Probation Law,
thus, he was considered as the
father of probation in the
Philippines.
PROBATION is a term derived from
the Latin word ”Probare”, meaning “to
prove”. As the terms Latin etymology
states , probation involves the testing
of an offender and his proving that he
is worth of his freedom.
PROBATION is procedure wherein a
sentence of offender is temporarily
suspended and he is permitted to
remain in the community, subject to
the control of the court and under the
supervision and guidance of a
probation officer. It is a privilege
granted of the court to a person
convicted of a crime or criminal
offense to remain with the community
instead of actually going to prison.
An application for probation shall be
filed with the trial court, with notice to the
appellate court if an appeal has been
taken from the sentence of conviction.
The filing of the application shall be
deemed a waver of the right to appeal,
or the automatic withdrawal of a
pending appeal.
An order granting or denying probation
shall not be appealable.
IMPORTANT TERMS IN PROBATION
PROBATION

-It is a disposition whereby a defendant

, after conviction of an offense, the penalty
of which does not exceed 6 years
imprisonment, is released subject to the
conditions imposed by the releasing court
and under the supervision of a probation
officer.
PROBATIONER

means a person placed on

probation.
PROBATION OFFICER

means one who investigates for the

court a referral for probation or
supervises a probationer or both.
POST SENTENCE INVESTIGATION
An investigation conducted by the
probation officer used by the court to
determine the best interest of the public
as well as that the defendant will be
served thereby.
POST SENTENCE INVESTIGATION
No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby.
POST SENTENCE INVESTIGATION
The probation officer shall submit to
the court the Post Sentence
Investigation report on a defendant
Not later than sixty days from receipt
of the order of said court to conduct
the investigation. The court shall
resolve the petition for probation
not later than fifteen days after receipt
of said report.
Criteria for Placing an Offender on Probation.
In determining whether an offender may be
placed on probation, the court shall consider
all information relative, to the character,
antecedents, environment, mental and
physical condition of the offender, and
available institutional and community
resources.
Probation shall be denied if the court finds that:
1. the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution;
2. there is undue risk that during the period of
probation the offender will commit another crime;
3. probation will depreciate the seriousness of the
offense committed.
DISQUALIFIED OFFENDERS FOR
PROBATION.

1. sentenced to serve a maximum

term of imprisonment of more than
six years;
DISQUALIFIED OFFENDERS FOR
PROBATION.

2. Convicted of any offense

against the security of the State;
DISQUALIFIED OFFENDERS FOR
PROBATION.

3. 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
Two Hundred Pesos;
DISQUALIFIED OFFENDERS FOR
PROBATION.

4. who have been once on

probation under the provisions of
this Decree; and
DISQUALIFIED OFFENDERS FOR
PROBATION.

5. who are already serving

sentence at the time the
substantive provisions of this
Decree became applicable
pursuant to Section 33 hereof. 1976.
Conditions of Probation.
Every probation order issued by
the court shall contain
conditions requiring the
probationer .
CONDITION OF PROBATION
- present himself to the probation
officer designated to undertake his
supervision at such place as may be
specified in the order within seventy-
two hours from receipt of said order;
CONDITION OF PROBATION

- report to the probation officer

at least once a month at such time
and place as specified by said
officer.
CONDITION OF PROBATION

- devote himself to a specific

employment and not to change
said employment without the prior
written approval of the probation
officer;
CONDITION OF PROBATION

- refrain from visiting houses of

ill-repute;
CONDITION OF PROBATION

- abstain from drinking

intoxicating beverages to excess;
CONDITION OF PROBATION

- permit to probation officer or

an authorized social worker to visit
his home and place or work;
CONDITION OF PROBATION

- reside at premises approved

by it and not to change his
residence without its prior written
approval;
PERIOD OF PROBATION
When the sentence imposes a fine
only and the offender is made to
serve subsidiary imprisonment in case
of insolvency, the period of probation
shall not be less than nor to be more
than twice the total number of days of
subsidiary imprisonment as computed
at the rate established.
SUBSIDIARY IMPRISONMENT

- imprisonment to be suffered
by the convict who cannot pay
his/her fine or has no property with
which to meet the fine at the rate of
one day for each eight pesos.
PAROLE
PAROLE ( Act. No 4103 )
- A decision by an authority constituted
accordingly by statute to determine the portion
of the sentence, which the inmate can
complete outside of the institution. It is the
status of serving the remainder of the sentence
of a convict in the community in accordance
with the rules and regulations set-up by the
Board of Parole.
- Administrative function.
PAROLE
The release of prisoners before the
expiration of his maximum
sentence. “a method of
selectively releasing an offender
from an institution after the prisoner
served the minimum sentence of
imprisonment imposed by law.
Ex. Prision Mayor – 6 yrs. & 1 day to
12yrs.
Minimum Medium Maximum
6 yrs. & 1 8 yrs. & 1 10 yrs. & 1
day to 8 day to 10 day to 12
yrs. yrs. yrs.
 TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND
THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included in the
minimum period medium period maximum
penalty in its entirety

14 years, 8 months
From 12 years and 1 12 years and 1 day to 17 years, 4 months
and
Reclusion temporal day 14 years and 8 and 1 day to 20
1 day to 17 years
to 20 years. months. years.
and 4 months.

Prision mayor,
absolute
6 years and 1 day 6 years and 1 day 8 years and 1 day 10 years and 1 day
disqualification and
to 12 years. to 8 years. to 10 years. to 12 years.
special temporary
disqualification

Prision correccional, 6 months and 1 day 2 years, 4 months and

6 months and 1 day 4 years, 2 months and
suspension and to 2 years and 4 1 day to 4 years and
to 6 years. 1 day to 6 years.
destierro months. 2 months.

From 1 month and From 2 months and From 4 months and

Arresto mayor From 1 to 2 months.
1 day to 6 months. 1 day to 4 months. 1 day to 6 months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
The minimum period of
imprisonment of 6 years?

Ans. 6 months and 1 day to 2 years & 4

mos.
DISQUALIFIED FOR PAROLE

Those convicted of offenses

punished with death penalty or life-
imprisonment;
DISQUALIFIED FOR PAROLE

those convicted of treason,

conspiracy or proposal to commit
treason; to those convicted of
misprision of treason, rebellion,
sedition or espionage;
DISQUALIFIED FOR PAROLE

to those convicted of piracy; to

those who are habitual delinquents
HABITUAL DELINQUENTS
Within a period of 10 years from the
date of his last release or conviction
of a crime is found guilty for the third
time or more. Ex. Serious or less
serious physical injury.
RECIDIVIST

One who at the time of his trial for

one crime, shall have been
convicted by final judgment of
another crime embraced in the
same title of the RPC.
DISQUALIFIED FOR PAROLE

to those who have escaped

from confinement or evaded
sentence
DISQUALIFIED FOR PAROLE

to those who having been granted

conditional pardon by the Chief
Executive shall have violated the
terms thereof
DISQUALIFIED FOR PAROLE

to those whose maximum term of

imprisonment does not exceed one
year.
DISQUALIFIED FOR PAROLE

Those suffering from mental

disorder as certified by government
psychiatrist.
DISQUALIFIED FOR PAROLE

Those whose conviction is on

appeal or has not yet became
final.
DISTINCTION OF PAROLE AND PROBATION
PAROLE
Administrative function
exercise by the executive
branch of the gov’t.
Granted to a prisoner only
after he has served minimum
of his sentence.
Extension of Institutional
correction.
parolee
Supervised by parole officer
PROBATION
Judicial function exercise by
the court.
Granted to a convict
immediately after conviction.
Substitute for imprisonment
probationer
Supervised by probation
officer
PARDON
Pardon
is a form of executive clemency granted by the
President of the Philippines as a privilege
extended to convict as a discretionary act of
grace. Neither the legislative nor the judiciary
branch of the government has the power to set
conditions or establish procedures for the
exercise of this Presidential prerogative. It is
highly political in nature and is usually granted
in response to popular clamour or to aid in the
return to normalcy of a political situation that
might affect the country if not addressed.
Pardon
An act of grace extended to
prisoners as a matter of right,
vested to the chief executive as a
matter of power.
2 KINDS OF PARDON
ABSOLUTE PARDON

refers to the total extinction of the

criminal liability of the individual to
whom it is granted without any condition
whatsoever and restores to the individual
his civil rights and remits the penalty
imposed for the particular offense of
which he was convicted.
CONDITIONAL PARDON

refers to the exemption of an individual, within

certain limits or conditions; from the punishment
that the law inflicts for the offense he has
committed resulting in the partial extinction of
his criminal liability. It is also granted by the
President of the Philippines to release an inmate
who has been reformed but is not eligible to be
released on parole.
NATURE OF CONDITIONAL PARDON

It is that of a contract or agreement

between the person conditionally
pardoned and the state or
government authorities. Violations of
the terms of the pardon by the
pardonee will be a ground for the re-
arrest of the pardonee, however, if
he does not break the terms of
agreement, then he will be free, as
pardoned.
Limitation of the Pardoning Power
1. It may be granted after final
conviction
2. It may not be granted for offenses in
impeachment
3. It may not be granted for civil
contempt
4. No pardon, parole or suspension of
sentence for violations election related
offenses without the recommendation of
the Commission of Elections
AMNESTY
Amnesty

Is a general pardon granted to

groups of law violators, usually
those who committed political
crimes, with the concurrence of the
law making body.
Amnesty - A special form of pardon
exercised by the President of the
republic is amnesty. Amnesty is a
general pardon extended to a
certain class of people who are
usually political offenders. While
pardon is likewise issued by the
President and is also political in
nature, it is an exclusive act of the
President where the courts and
Congress has no say whatsoever.
Nature of Amnesty
Amnesty is by general nature a
blanket pardon covering persons or
group of persons who committed
crimes against the state, like
rebellion, sedition, etc., or any
political offense. It may be granted
after conviction, during trial, or
before trial, but with concurrence of
the congress.
 DISTINCTION OF AMNESTY AND PARDON
AMNESTY PARDON
1. Application Generally to political Generally to ordinary
crimes and offenders crimes and offenders

2. Effect Obliterates the Relieves the offender

effects of conviction of the penalty but
as if the act was not the effects of
criminal conviction stay
3. Congress Concurrence Concurrence not
required required
4. When given Even before After final conviction
conviction
5. To whom given Usually to a class of To specific individual
person
COMMUTATION
COMMUTATION OF SENTENCE
- The reduction of the duration of a
prison sentence. It is another
prerogative of the President. It is an act
of 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 of years.
REPREIVE
REPRIEVE
Like Pardon, Reprieve is also another
prerogative exercised by the President of the
Philippines. Generally, is applied to death
sentences already affirmed by the Supreme
Court. But is can also be invoked in another
cases that have become final. It is the
temporary stay of the execution of a
sentence. In death sentences, the date of
execution of the death convict is held in
abeyance for a certain period to enable the
Chief to temporarily stay execution of
sentence.
R.A 7438

DEFINES THE RIGHTS OF AN

ACCUSED UNDER CUSTODIAL
INVESTIGATION.
R. A 6981

WITNESS PROTECTION PROGRAM

ACT
ACT NO. 3326
LAW ON PRESCRIPTION OF PENALTY
R.A 6127 -Grant of full time
credit

P.D 85 - Preventive
Imprisonment

ACT NO. 3316 – Basis for

granting Good Conduct Time
Allowance