Chapter 12 Non Institutional Correction
Chapter 12 Non Institutional Correction
Chapter 12 Non Institutional Correction
Introduction
During the early times, punishments for crimes were too harsh. Most infractions would often
result in imprisonment as it was considered to be one of the most effective forms of
correction. However, as societal conditions developed together with the introduction of more
liberal ideas, humane correctional measures were introduced to burden the state as well as
the offenders themselves, Consequently, conditional pardon was introduced and
subsequently, this paved the way for other modes of temporary liberty for qualifies first time
offenders.
In the Philippines, the prospect of confinement or incarceration tortures the minds of first-
time offenders.
Thirty-Six (36) years ago, Presidential Decree (P.D). 968 or otherwise known as the Adult
Probation Law of 1976 was enacted through the efforts of the late Congressman Teodulo
C. Natividad of Bulacan and signed into law by then President Ferdinand E. Marcos.
The Adult Probation Law of 1976 is viewed as one of the best accomplishments during the
Martial Law years. It opened the gates of hope for those who were convicted for the first
time. Instead of incarceration, many convicted individuals were placed under community-
based rehabilitation program and were given chances to mend their wrongdoings.
As law provided under Republic Act 4103 or the Indeterminate Sentence Law, the prisoner
may qualify for release on parole upon service of his minimum sentence. For those who
have been meted out the sentence of reclusion perpetua or life imprisonment, the
prisoner may apply for Executive Clemency, specifically for a Commutation Sentence or
Conditional Pardon with parole conditions. Under the commuted sentence, the prisoner may
qualify for release on parole.
The grant of probation, parole and conditional pardon with parole conditions is collectively
called 'community-based correctional programs' that necessitates the formulation of
'Rehabilitation Programs of these convicted individuals who need to live lawful and
productive lives.
Filipinos should be aware that once a person is convicted; there are still ways on how to get
out from prison and a chance to start life anew through community-based corrections. This
means that a convicted offender who possesses the qualifications prescribed by law and has
the sincere desire to mend his/her ways, community. based corrections measures may be
implemented. He can apply for probation (an alternative to imprisonment), be qualified for
parole (to qualify for parole, the offender must have served first the minimum sentence) and
or Executive Clemency (its various forms fall under the acronym ACCRA-Absolute Pardon,
Conditional Pardon, Commutation of Sentence, Reprieve and Amnesty).
The Corrections Pillar is the state's response to separate criminal offenders from the general
public for the latter's protection. Snarr notes that "corrections is the systematic and
organized efforts directed by a society that attempt to punish offenders, protect the public
from offenders, change offenders’ behavior, and if possible, compensate the victims".
In the Philippines today, the Corrections Pillar may either be Institution-based or Non-
Institution-Based also known as Community-Based. Either way, the goals of corrections
rehabilitation and the reformation of the offender intend to help him re-enter society and
become a law-abiding as well as productive member.
1. Law Enforcement
2. Prosecution
3. Courts
5. Community
The Law Enforcement Pillar is responsible for apprehending law violators. It enforces the
law with due diligence and justice for public interest.
Should a valid ground exist; a case may be raised in the Prosecution Pillar to determine
whether or not there is probable cause that a crime was indeed committed. Should there be
none, then it shall be dismissed. However, if there is a probable cause, the case will be
elevated to the Court for trial and proper disposition.
The Court has the jurisdiction to try the case and determine responsibility to determine
whether or not there is proof beyond reasonable doubt that the accused indeed committed
an illegal act. Should there be sufficient evidence to convict the accused being charged of an
offense, then the court shall make him accountable for his crime. Otherwise, the accused
shall be acquitted.
After conviction by the court, the accused enters the Corrections Pillar. If the penalty is
imprisonment of six (6) years and below, and if the accused possesses all the qualifications
and none of the disqualification as enumerated in PD 968, he may avail himself of probation
and serve the terms and conditions thereof in the Community.
Meaning of Corrections
- It is one of the pillars of the criminal justice system which undertaken the
reformation and rehabilitation of offenders for their eventual absorption into the
social and economic streams of the community based program.
- It is the 4th pillar of the criminal justice system which is tasked to rehabilitate and
reform penitent offenders. It is derived from the root word “Correct” which simply
means to make right or change from wrong to right.
Corrections, as its root word ‘correct’ implies, focuses on correcting a problem or series of
problems in the society. It refers to a broad category of activities ranging from incarceration
of offenders, to assisting ex-offenders in securing employment if possible.
How are we to carry out corrections and rectify faults if an offender has already been
convicted? Answer: Through the implementation of institution-based and non-
institution-based corrections.
1. INSTITUTION-BASED CORRECTIONS
If an accused has been involved in several forms of offenses and may therefore be a risk to
the community, then he deserves to be incarcerated and corrected inside the jail rather than
to enjoy the benefits of a community-based rehabilitation program. The jail and the prison
are both institutions; therefore, when the accused is placed to serve his sentence inside the
jail or prison, Institution-Based Corrections is being implemented. *
The Bureau of Jail Management and Penology (BJMP) under the Department of
Local and Interior Local Government;
Local Government Units Provincial Jails which are under the supervision of Provincial
Governors; and
Bureau of Corrections (BUCOR) under the Department of Justice.
It is noteworthy that while it is true that Provincial Jails are institutions for inmates sentenced
to prison terms of six (6) months and one (1) day to three (3) years, they are not under the
supervision and control of BJMP but rather of Local Government Units (LGUs) under
the supervision of Provincial Governors.
This is so because as early as 1910, the 1ª Provincial Jail System was established during
the American regime. In view of the said system, every province was mandated by the
American colonizers to establish its own provincial jail under its supervision and control.
On the other hand, Municipal, District and City Jails are under the supervision and control
of the BJMP. These jails handle prisoners whose imprisonment does not exceed three (3)
years.
Bear in mind that those who are convicted to three (3) years and one (1) day or longer
are under the supervision and control of the Bureau of Corrections.
2. NON-INSTITUTION-BASED CORRECTIONS
PPA is mandated by law to handle the investigation of all case: for probation, parole &
executive clemency, and the supervision probationers, parolees and conditional pardonees.
However, despite the wide scope of its responsibility, it is a reality that PPA-DOJ is the least
heard among all other components of the Criminal Justice System due to the confidentiality
of records. Section 17 of PD 968 as amended strictly states that only the PPA-DOJ and the
court are authorized to read matters regarding the convicted person who applied for
probation.
BPP is responsible for the grant of parole and recommending Executive Clemency to the
President.
DSWD renders services for Children in Conflict with the Law (CICL). Republic Act 9344 or
the Juvenile Justice Welfare Act 2006 states that a CICL who is 15-year-old or under, during
the time of the commission of the offense, shall be exempted from criminal liabilities. On the
other hand, those who are 16 and 1. years-old should be assessed if they acted on
discernment when they committed the crime.
This type of corrections administers the treatment plans and the supervision programs of the
offender which are pertinent in restoring their dignity and self-esteem in developing
productivity and effectiveness as members of the free society.
Bureau of Corrections
Bureau of Jail Management and Penology
Local Government Units (Provincial Jails)
Parole is granted by the Board of Pardons and Parole while cases regarding Executive
Clemency are decided by the President of the Philippines. Parole was created under
Republic Act 4103 or otherwise known as the Indeterminate Sentence Law, while the 1987
Constitution serves as the legal basis of Executive Clemency.
MEANING OF PAROLE:
PAROLE is derived from the French concept of “parole d' honneur” and is used in the
sense of "word of honor". Thus, the implication is that the released prisoner would give his
"word of honor and that he would abide by the terms of his conditional release.
-It is a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which they are
provided with necessary control and guidance as they serve the remainder of their
sentences within the community. Today, the Board of Pardons and Parole defines Parole
conditional release of a prisoner from a correctional institute after he has served the
minimum of his prison sentence.
Parole as a penal practice is part of the reformatory ide which originated as a result of the
call for reforms on how prisoner were treated during the dark ages in Europe. Among the
practice in the 17th and 18th centuries was the conditional pardon granted t indentured
servants transported to the American Colonies, wherein violation of the terms of the
conditions resulted in the withdrawal of the conditional pardon.
In the 19th century, two prisons administrators in Europe contributed to the development of
parole, namely Colonel Manue Montesinos of Spain and Georg Michael Obermaier of
Munich, Germany. Montesinos encouraged vocational training and education while
Obermaier set up industrial shops in his prison and assigned trusted prisoners as their
superintendents. Moreover in 1840, Captain Alexander Macanochie who served as the penal
superintendent at Norfolk Island Colony in Australia introduced the use of ticket- of leave or
conditional release, an equivalent to parole.
Sir Walter Crofton, Director of Irish Prisons, during the period of 1854 to 1862 developed
further the idea of parole and gave way for American prison reformers to enter into the
picture.
Although parole originated in Europe, it developed faster in the United States. Dr. 8. G.
Howe of Boston was the first man who used the word "parole" in 1846.
In 1869, some American prison reformers went to Ireland to observe its prison system that
was instituted by Sir Walter Crofton. Upon their return to the United States, they pushed for
the approval of the law creating the Elmira Reformatory in New York, which was inaugurated
in 1876. This famous institution is the forerunner of parole in the United States.
In the late 18th century and early 19th century, converting merchant ships into floating
prisons was a common practice of the English penal system to decongest their prisons.
These floating were moored in the Thames River and were referred to as ‘Hulks’. Moreover,
prior to the independence of the American colonies, convicts were habitually sent to the
colonies. After their independence, the prisoners were sent to Australia. For example, in the
year 1798, of the 1900 prisoners that were sent to Australia, 1400 were initially held in these
watery prisons."
Captain James Cook was an English Explorer who circumnavigated the world and had
pioneered the exploration of New Zealand and East Australia. He instituted the idea of
establishing a penal colony in the area which he had colonized.
Captain Arthur Philip established the 1" penal colony in Australia. He was a commander of a
fleet of 11 ships with 2 escorting warships that set sail in 1787 from Spithead, England with a
load of expatriated convicts. He landed his cargoes composed of 552 male and 192 female
convicts at Botany Bay, Australia on January 18, 1788, after a horrible 8-month journey.
a. Van Diemen's land (now Tasmania) Irish political prisoners were banished like common
criminals.
b. Norfolk Island this is located between New Caledonia and the New Zealand Penal
Colony. The conditions were inhumane, and offenders were abused. Due to horrible
conditions, the idea of parole sprouted as an alternative to incarceration.
NAMES TO REMEMBER IN THE HISTORY OF PAROLE
2. Sir Walter Crofton remedied and perfected the failure and drawbacks of the Mark
System when he was appointed director of the Irish Prison System in 1854. The Irish or
Crofton System integrated both punishment and reformation made up of three stages. These
include the initial punishment stage and two subsequent reformative stages. A prisoner has
to complete these three before becoming eligible for a sentence reduction and/or supervised
release."
3. Dr. Samuel Gridley Howe of Boston was the first man to use the word "parole". He used
the term in a letter to the Prison Association of New York in 1869. This came about after the
association appointed a committee to reform the prison system of New York following the
penal reforms that were instituted in Great Britain. The subsequent report that was submitted
by the committee called for the establishment of reformatories or institutions that were meant
to reform the prisoners into leading lives away from crimes. Then New York Governor John
T. Hoffman endorsed the report and in 1869 brought about the creation of the New York
State Reformatory at Elmira which was eventually completed in 1876. The Elmira
Reformatory sought to rehabilitate first time youth offenders between the ages of 16 to
30.10.
1. The key components of the system which Macanochie introduced into the Penal Colony at
Norfolk Island were basically two: the Mark System and a Five Stage system leading to
conditional liberty.
a. "MARK SYSTEM" a convict could make a way out of confinement by industry and good
conduct.
A. LEGAL STATUTES
Republic Act No. 4103 -Otherwise known as the "Indeterminat Sentence law
(promulgated on December 5, 1933).
In view of Act No. 4013, the Board of Indeterminate Sentence was created. In view of
Executive Order 83, Series of 1937, the Board of Indeterminate Sentence was changed to
Board of Pardons and server as the administrative arm of the President to grant executive
clemency Thereafter, Executive Order No. 94, the Organizational Act of 1947 was signed
and changed finally the Board of Pardons to the Board of Pardons and Parole.
-gave the Board the authority to advice the Chief Executive on the course or courses of
action to take on petitions for Executive Clemencies.
The Board is the administrative arm of the President of the Philippines in the exercise of his
constitutional power to grant, except in cases of impeachment, pardon, reprieve and
amnesty after conviction by final judgment.
The Indeterminate Sentence Law of 1933 was further amended on June 19, 1965 by
Republic Act 4203 or AN ACT TO AMEND SECTIONS 3 and 4 OF ACT NO. 4103, AS
AMENDED, OTHERWISE KNOWN AS THE INDETERMINATE SENTENCE LAW which
provided the qualification, term of office, composition and compensation of the Board
members.
Who gave the Probation and Parole Officers the Authority to investigate cases for
Parole and Executive Clemency?
1. The BPP resolved and gave the PPA-DOJ the authority to conduct Pre-Parole and
Pre-Executive Clemency Investigation.
BPP Resolution No. 229 dated April 2. 1991 "AUTHORITY OF REGIONAL
PROBATION AND PAROLE OFFICERS to conduct Pre: Parole Investigation "The
Board resolved as it has hereby resolved, to authorise the Parole and Probation
Administration to conduct Pre-Parole and Executive Clemency of Investigation of
provincial and national prisoners confined in city and provincial jails, the national
penitentiary and penal colonies and to submit a report of said investigation 60 days
(now, within 30 days, as amended by Board Resolution No. 24-4-10 dated April 13,
2010) before the expiration of the minimum sentence of the prisoner concerned."
2. Previously, Probation and Parole Officers were given a sixty (60) day period to
investigate cases for parole or Executive Clemency. Later on, it was reduced to thirty
(30) days.
BOARD
REFERRAL
PPA
- Conduct Pre-Parole Investigation (PPI)
- Submit Pre-Parole/ Investigation Report (PPIR)
- Thirty (30) days Investigation Period.
BOARD
As shown in Figure 2, the Parole Process starts upon receipt of the Board of the
prison records and carpeta of national prisoners (confined in national penal farms and
colonies) from the Director Prisons.
The Director of Prisons has the responsibility to forward the document to the Board
of Pardons and Parole within thirty (30) day before the expiration of the prisoner's minimum
sentence.
The Municipal, City, District and Provincial Jail Wardens has the obligation to transmit
to the Director of Prisons all pertinent records of prisoners in jails within thirty (30) days
before the expiration of such prisoner's minimum sentence. The Director of Prisons shall
submit to the Board for its consideration within fifteen (15) days after receipt d aforestated
records.
One should take into consideration that due to the lack d manpower and bulk of
cases that need to be reviewed, there are times that prison records and carpetas of qualified
national, provincial, district, municipal and city prisoners are not transmitted to the concerned
authorities within the reglementary period. In this regard, at any time, prisoners or any
person in their behalf may file a petition for parole or executive clemency.
After a review of cases of qualified inmates, the Board will issue a Referral,
requesting the Parole and Probation Administration to conduct the following within thirty (30)
days upon receipt thereof:
Upon receipt of said reports, the Board shall assess and determine whether the
petitioner is qualified for parole. If the offender deserves to enjoy the benefits of being placed
on parole, a "Release Document" or specifically known as "Discharge on Parole" will be
issued for the prisoner's temporary liberty. However, if there is a blatant proof that an
inmate's release on parole will put his life and his relatives, to risk, or endanger the life of the
victim and the community then the release of the prisoner shall be deferred until otherwise
will be an assurance that the danger ceases.
If an inmate is not qualified, then he/she shall remain prison and serve the sentence
imposed by the court.
"Petition for Parole/Executive Clemency filed by convicted aliens who are serving
sentence in the Philippines are referred for comment and recommendation to the Secretary
of Foreign Affairs who shall determine insofar as it is valid and legitimate, the grant of
executive clemency to a foreigner should be done. The basis of its approval shall be "Quid
Pro Quo" or "something for something." (BPP Manual 2006, as amended).
The Board can always act on the case of a national prisoner regardless of where he
is confined. However, if still confined in Municipal, City, District and Provincial jails, the
Warden shall issue a certification that the continued confinement of the prisoner in his jail is
beyond his or the prisoner's control.
Take note that the Board does not take action on prisoners who have pending
cases in court.
a) Look into the physical, mental and moral record of prisoners who are eligible for
parole and determine the prescriptive period of their release;
b) Publication of names of Prisoners being considered for parole;
c) Notify the offended party;
d) Review cases of prisoners eligible for parole or Executive Clemency;
e) Issue referral to the Parole and Probation Administration.
1. Their offenses are punishable by the dean penalty, reclusion perpetua or life
imprisonment;
2. They were convicted of treason, conspiracy or proposal to commit treason or
espionage misprision of treason, rebellion, sedition or coup d'etat and piracy or
mutiny on the high seas or Philippine waters;
3. They are habitual delinquents;
4. They escaped from confinement or evaded sentence;
5. They have been granted conditional pardon be the President of the Philippines and
shall have violated any of the terms thereof,
6. They have been sentenced to a sentence not exceed one (1) year or those who have
definite sentence.
7. Those convicted of offenses punished with reclusion perpetua or whose sentences
wert reduced to reclusion perpetua by reason of Republic Act 9346 ore An Act
Prohibiting the Imposition of the Death Penalty is the Philippines' enacted on June
24, 2006 amending Republic Act 7659 Or An Act To Impose The Death Penalty On
Certeis Helnous Crimes, Amending For That Purpose The Revised Penal Laws, An
Amed. Ot Special Penal Laws, And For dated January 1, 2004.
8. Those convicted for violation of the laws on terrorism, plunder and international
crimes.
Upon expiration of the minimum period of sentence served inside the prison, the
Director of prison shall forward the carpeta of the prisoner to the Board for proper
disposition. No inmate shall be qualified for possible release on parole, if he/she still has a
pending case, or if the sentence does not exceed one (1) year. In his own will, the prisoner
himself may file an application for parole if the situation warrants.
On the contrary, if the client failed to comply with any of his parole conditions stated
in his Discharge on Parole, the supervising Probation and Parole Office may submit a
Progress, Infraction or Violation Report with recommendation to issue an Order of Arrest
and Recommitment (OAR). In this regard, the Board may grant the same which may result
to re-incarceration of the client.
During the parolee's period of parole supervision, the Probation and Parole Officer
may submit the following reports:
1. Progress Report- Stating the conduct of parole in the duration of his parole
supervision;
2. Status Report - stating another offense/s committed by the parolee which has not
yet been decided by the court;
3. Infraction Report- stating the subsequent conviction of another crime; and
4. Violation Report- stating the violation/s of the terms and conditions appearing in the
Release Document or non- compliance with his/her obligations as a parolee.
Upon determination of the Board, should there be any violations of parole conditions,
the Board may resolve to revoke the privilege granted to the parolee or pardonee. In this
event, the Board may issue Order of Arrest and Recommitment (OAR) and the parolee
shall serve the remaining portion of his sentence in prison.
BOARD
PAROLE SUPERVISION
CONDITIONS
COMPLIANCE NON-COMPLIANCE
PRISON
-Serve the remaining portion of
the maximum sentence for which
he was originally committed to prison.