Non-

Institutionalize
Corrections
 18th Century = considered to be one of the
most brutal ages for punishing criminals. A
combination of the old and new system.

Flogging was the most popular method of

corporal punishment.
Hanging is publicly done just like a scenario in a
carnival where the phrase gala day, gala
occasion was derived from the word
gallaome.
 
 Mariel Montesimos
(Director of the Prisons of Valencia,
Spain in 1835)
 Divided prisoners into companies and
appointed a prisoners a petty officer in
charge.

Academic classes of one hour a day more

given all inmates under 20 years of age.
Alexander Maconochie
(England)
 One of the Father of Modern Penology.

Supt of Norfolk Island Penal Colony in Australia,

introduced the Mark System (progressive human
system) to substitute for corporal punishment.

 prisoners who earned a required number of

mark is given a ticket of leave which is equivalent
to parole.
 fair disciplinary trial, built churches, distribute
book and allowed play to be staged, permitted
prisoners to find small garden and rehabilitation
system.
 Sir Walter Crofton
(Chairman of the Directors of Irish Prisons- 1856)
 Introduced the Irish System
(Progressive Stage System)

 Stage 1 = solitary confinement for nine months at a certain

prisons with reduce diet and allowed monotonous word
and towards the end prisoners were given more interesting
work, some education and better treatment.
 Stage 2 = assignment of public works at spike island.
Prisoners were graded according to mark system and were a
badge of distinction to others which later serve to shorter
the length of stay.
 Stage 3 = Prisoners worked without custodial supervision
and was exposed to ordinary temptations of freedom and
release on supervision subject to certain condition
equivalent to present day parse.
 1870 to 1880
The Golden Age of
Penology.
Elmira Reformatory
(1876)
Forerunner of Modern Penology.

Established a link between the

community-based program and
the penal institution.
Zebulon R. Brockway
In 1877 Elmira Reformatory was opened in
Elmira, New York with Zebulon R.
Brockway as Superintendent using
Intermediate sentence compulsory
develops Parole which soon spread to
other states in U.S.A.

Father of Prison Reform in U.S

  training school type of institution program for
boys from 16 to 30 years of age;
 new prisoners were classified as second grade
until promoted to first grade after six (6) months of
good behavior;
 extensive used of parole which is granted after
another six (6) months of good behavior in the first
grade;
 after a prisoner committed misconduct he will be
demoted to 3rd grade unless he show good conduct
for one month he will be reclassified to second
grade; and

Indeterminate Sentence and Parole based System.

Sir Evelyn Ruggles Brise
(England, 1897)
Director of English Prison, after visiting
Elmira Reformatory, opened a Borstal
Institution which was considered as
the best reform Institutions for young
Offenders.
Development
of
Parole
 Europe – where the historical part of parole was

originated

 18th Century = the Thames River was occupied by

Prison Ships

 “Hulk” = prison ships in the later part of the 18th

century.
In 1837, first parole law was passed in
Massachusetts.
At the same time Captain Maconochie
introduce a system whereby a
prisoner was given a “ticket of
leave”.
The principal defect of early parole system
was the manner of determining eligibility
for parole.

The system of parole is said to be based on

the principle of “word of Honor”.

French word “Parole d’ Honeur” meaning

“Word of Honor”.
 
Dr. S.G. Howe of Boston
 First man to use the word “parole”.

He used the word in a letter to the Prison

Association of New York in 1869, after
some American Prison Reforms who
observed that the Irish Prison System
paved the way for the approval of the
law ---
creating Elmira Reformatory.
 
 Parole
in the
Philippines
 Act 4103 = otherwise known as the
“Indeterminate Sentence Law”, took effect on
December 5, 1933.

Amended by E.O. 83, Series of 1937 –

Renamed the Board of Indeterminate Sentence
to Board of Pardon.

Executive Order 94 took effect. Also known as

the “Reorganization Law of 1947” which
abolished the Board of Pardons and created
the Board of Pardons and Parole.
Development
of
PROBATION
 England
It is where probation started in a
form of suspending judgment and
Releasing offender on his own
Recognizance (ROR) with the
promise not to commit any more
crime.
 Matthew Davenport Hill

Father of England Probation.

 
John Augustus
 In United States, Probation was
practiced by John Augustus (Boston
Shoemaker) in 1841 although the
first probation law was passed in
Massachusetts 1878 but was widely
used only upon the passage of the
First Juvenile Court law of Cook
Country in Chicago in 1899.
 First administrator of Parole
and Probation Administration.

Considered as the father of

probation in the Philippines.
Edward N. Savage
Ex- chief of police of Boston
who became the first
probation officer
employed by the
government.
Probation Law in the
Philippines
 Act No. 4221 of the Phil. Assembly (Probation
Act) = established an adult probation law but
was abolished in 1937 after two (2) years of
existence on the ground of unconstitutionality
in the case of People vs. Vera, 37 O.G. 164.

P.D. 968 = Probation law of 1976 . It

reestablished the adult probation law which
was signed by Pres. Ferdinand Marcos on July
24, 1976 and took effect on January 3, 1978.
P.D. 603 = “The Child and Youth Welfare
Code” which provides for youth
probation law that was signed on
December 10, 1974 and took effect June
10, 1975.

R.A. 9344 = The Juvenile Justice Welfare

Act of May 2006 amending P.D. 603.
 It is a form of Executive Clemency which is
exercised by Chief Executive. It is an act of Grace
and the recipient is not entitled to it as a matter
of right. It is discretionary and not subject to
review by the judiciary. It dates back to the pre-
Christian Era.

It was applied to members of the Royal Family

who committed crimes and occasionally to
those convicted of offenses against the royal
power. In England it was usually an exclusive
power of the king but there were times that is
was extended to the Queens upon advised of
the Minister of the Interior.
In United States, pardon was exercised by
the Royal Governor delegated to him by
the King. After their independence, the
federal and the state constitutions vested
it to the President of the United States
and the Governor in federal and state
cases, respectively.
Kinds of Pardon in the
Philippines:
Absolute Pardon = given without any condition
attached to it.

Its purposes are :

(1) to do away with the miscarriage of justice;
(2) to keep punishment abreast with the current
philosophy, concept or practice of criminal
justice administration; and
(3) to restore full political and civil rights of
person who have already served their
sentence and have waited the prescribed
period.
 Conditional Pardon
Serves the purpose of releasing a prisoner
who is already reformed or rehabilitated
but who cannot be paroled because the
parole law does not apply to him. Thus a
prisoner serving a determinate sentence
or life imprisonment is excluded from the
benefits of the parole law. However
reformed he may be given conditional
pardon.
Executive Clemencies:
  Pardon (Absolute/conditional)

 Amnesty (with concurrence of the Congress)

 Reprieve = temporary suspension of the

execution of sentence (usually extended to

death penalty prisoners).

 Commutation of Sentence
 GOOD CONDUCT TIME ALLOWANCE

Whenever lawfully justified, the Director

of the Bureau of Corrections, the Chief
of the Bureau of Jail Management and
Penology and/or the Warden of a
provincial, district, municipal or city jail
shall grant allowances for good conduct.
Such allowances once granted shall not
be revoked.
 Revised Penal Code Art. 97
(OLD LAW)
 
Years of good behavior Allowance earned
1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month
Good Conduct Time Allowance under R.A. 10592
 
Year of good behavior Days to be deducted
1-2 years 20 days per month
3-5 years 23 days per month
6-10 years 25 days per month
11 year and more 30 days per month
 Note:

At any time during the period of imprisonment, he

shall be allowed another deduction of fifteen days,
in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service
time rendered.

“An appeal by the accused shall not deprive him of

entitlement to the above allowances for good
conduct.”
 Also include under R.A 10592

“ART. 98. Special time allowance for loyalty. – A

deduction of one fifth of the period of his sentence
shall be granted to any prisoner who, having evaded
his preventive imprisonment or the service of his
sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the
authorities within 48 hours following the issuance
of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said
article.
A deduction of two-fifths of the period of his
sentence shall be granted in case said
prisoner chose to stay in the place of his
confinement notwithstanding the existence
of a calamity or catastrophe enumerated in
Article 158 of this Code.

“This Article shall apply to any prisoner

whether undergoing preventive
imprisonment or serving sentence.”
 REPUBLIC ACT NO. 10575
AN ACT STRENGTHENING THE BUREAU OF
CORRECTIONS (BUCOR) AND
PROVIDING FUNDS THEREFORE
 
Approved: MAY 24, 2013
 REPUBLIC ACT NO. 10592
AN ACT AMENDING ARTICLES 29, 94, 97,
98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE

Approved: MAY 29, 2013