Bataan Heroes College
Balanga City, Bataan
Balanga City, Bataan
INTRODUCTION
INTRODUCTIONTO
CRIMINOLOGY
TO
CRIMINOLOGY
NIÑA ALYANNA L. CERUDO
INSTRUCTOR
CRIMINAL JUSTICE DEPARTMENT
NIÑA ALYANNA L. CERUDO
INSTRUCTOR
CRIMINAL JUSTICE DEPARTMENT
BATAAN HEROES COLLEGE
This module or any portion thereof may not be reproduced, copied, transmitted, or
distributed in any manner whatsoever without the express written permission of the College or the
Author.
For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City,
Bataan, Philippines
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Course Information
Course Title
:
Introduction to Criminology
Program
:
Criminology
Course Code
:
CRIM 1
Credit Units
:
3
Pre-Requisite
:
None
Instructor Information
Name :
Niña Alyanna L. Cerudo
Contact Information:
a. Number
:
0919-789-2844
b. Facebook Page:
https://www.facebook.com/nina.cerudo11 or Niña Cerudo
c. Email
:
ninacerudo10@heroes1979.edu.ph
Course Purpose and Description
This course presents an overview of the different schools of thought in criminology;
theories that explain criminal behavior; techniques for measuring the characteristics of criminals,
crime, and victims; the interrelatedness of theory, policy, and practice in the criminal justice
system; and current issues and studies in criminology. Also covers the role of the police, probation
and parole officers and social workers in the criminal justice system.
Intended Learning Outcomes (ILO)
By the end of the semester, students are expected to:
1. Define criminology and discuss the emergence of criminology as a discipline.
2. Determine and understand the purpose and goals of studying criminology.
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3. Differentiate the distinct difference between criminology, criminal justice and
criminalistics, and its essential relation in the study of criminology.
4. Compare and contrast the crime, sin and immortality and understand the general and legal
classifications of crimes and criminals.
5. Appreciate the importance of law in the society and understand and be able to explain why
crime exists.
6. Discover and be able to give examples of the different categories of crimes and define
criminal law and understand its concept.
7. Judge and defend the causes of crimes and summarize and be familiar with the approaches
in criminology then define criminal behavior and identify its types.
8. Cite each theory and procedure applicable to the research/case study on Criminology
related topics.
9. Determine the criminological perspectives, criminal behaviors that are grouped into their
focus and consequences which we referred to as crime typologies, such as violent crimes,
enterprise crimes, organized crime, and public order crimes.
10. Judge the model of penology and kinds of deterrence and illustrate the different punishment
before penal servitude
11. Critic the development of prison as a punishment and determine and understand the
psychological effects of imprisonment.
12. Determine the understand the victimology, the crime prevention and protection principles
and the criminal justice system response to victims.
Course Schedule
Module No
Module
Intended Learning
Outcomes
PRELIMINARY PERIOD
1
Concepts of Criminology and Criminal
Justice
1,2,3
a. Definition of Criminology and
Criminologist Nature Scope and
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Purposes of the
Criminology
b. Criminal Justice
c. Criminalistic
Evolution of Criminology
Study
of
a. Criminology as a Field of Study
b. Criminology in the Philippines
School of Thought
a. Demonological Theory
b. Classical School
c. Neo-Classical School
d. Positivist School
(Italian School of Criminology)
2
Crime, Criminal Law and Criminal, Law
Crime Deviance and Delinquency
4
a. Law
its
Concept
and
Classification
b. Elements of law
c. Criminal law and Crime
d. Characteristics of Criminal Law
e. Crime
• Felony as a crime
✓ Classifications of Felony
✓ Criminological
Classifications of Crime
• Crime, Sin, and Immortality
• Criminals
✓ General Classifications of
Criminal
f. Development of Criminal Law
and crimes
g. Deviance and Delinquency
MID-TERM PERIOD
3
Sociology of Law
a.
•
•
b.
Introduction
Why does crime exist?
When does crime exist?
Types of law
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4
c. Classification of crime
Criminal Etiology
5
a. Causes of Crime
b. Approaches in the Study of Criminal
Behavior
c. The Focal Point in the Explanation
of Criminal Behavior
d. Criminal Behavior base on the
Quantity of Crime Theory Involve
e. Crime in the Philippines
f. Why do people commit crime
Category of Crime Theories
a.
b.
c.
d.
6
7
6, 7
8
Geographical Factors
Biological Factors
Psychological Factors
Sociological Factor
SEMI-FINALS PERIOD
I. Crime Typologies
a. Violent Crimes
b. Economic or Enterprise Crimes
c. Public Order Crime
Punishment and Restorative Justice
9
10
A. Penology
a. The History and Philosophy of Punishment and Penology
b. Schools of Thoughts in Penology
c. Principal Goals of Penal Science
d. Models of Penology
e. Kinds of Deterrence
B. Punishment
a. The Development of Prison as a
Punishment
b. Modern Form and ancient Method
of Punishment
c. Principles of Punishment
d. The Psychological Effects of
imprisonment
e. Rehabilitation Programs for
Prisoners in the Philippines
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FINALS PERIOD
8
Legal Foundation
Profession
of
Criminology
11
a. The
Philippine
Criminology
Profession Act of 2018
b. State Policy on Criminology
Profession
c. Objectives and Activities in
Criminology Governed by R.A.
11131
The Professional Regulatory Board
(PRB) for Criminologists
9
a. Examination,
Registration,
Certification and Licensure
b. Practice of Criminology
c. Integration
of
Registered
Criminologists
d. Privileges
of
Registered
Criminologists
Victimology
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References
Castillo Jr., Rodolfo V., Guerrero, Brian B. 2022 “Introduction to Criminology”, Wiseman’s
Books Trading Inc.
Hibionada, Guevara, 2021 “Criminology 101- A Reference for Introduction to Criminology with
Theories of Crime Causation”, Wiseman’s Books Trading Inc.
Eduardo, Jesster P. 2018 “Essentials of Criminology”, Wiseman’s Books Trading Inc.
Eduardo, Jesster P., Panganoron, Carlito P. 2015 “Fundamentals of Criminology”, Wiseman’s
Books Trading Inc.
Eduardo, Jesster P. MS Crim., Peckley, Miller F. MS Crim, Ed. D. 2010 “Essentials of
Criminology”, Wiseman’s Books Trading Inc.
Manwong, Rommel K. 2003 “Fundamentals of Criminology”, Valencia Educational Supply
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Module 7: Punishment and Restorative Justice
Learning Objectives:
After studying this module, you should be able to:
1. Describe the emergence and purpose of corrections according to various philosophy
2. Apply the principles of penology in rehabilitating persons deprived with liberty
3. Apply knowledge, skills in handling offenders, welfare, and development for the re
integration to the community
4. Be able to recommend some policy to improve the rehabilitation programs for prisoners in
the Philippines.
7.1 Penology
What is Penology?
➢ Penology is also referred to as Penal Science, it is the third division of criminology that is
focused on the philosophy and practice of society in its efforts to repress criminal activities.
➢ The word Penology was derived from the Latin word Poena, which means pain or
suffering.
Principal Goals of Penal Science
The principal goals of Penal Science are as follows:
1. To bring light on the ethical bases of punishment, along with the reasons and purposes of
the society in inflicting it;
2. To make a relative study of penal laws and procedures through history and between
nations; and
3. To evaluate the social consequences of the policies in force at a given time.
The History and Philosophy of Punishment and Penology
The History and Philosophy of Punishment and Penology
“To man alone, torture and death is amusing in itself.”
Robert Browning
➢ There have been no limits to man’s imagination in devising techniques of punishment.
More ways to hurt people and inflict pain exist than ways to reward or encourage people.
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➢ This may be due to a long-held, societal belief –one that science has also played a part in
that the best way to get someone to change is to inflict pain and suffering. In other words,
society believes in punishment.
➢ Punishment then became a formal responsibility to be carried out by professional
specialists in the employ of governments. The story of how the various philosophies of
punishment evolved is chiefly a story about how the specialized practice of punishment
evolved
Models of Penology
Models of Penology
1. Retribution Model
➢ Many of the early professional specialists were experts at execution, torture, and
mutilation. In fact, the Code of Hammurabi (circa 1700 B.C., often cited as the world’s
first legal code) did not specify much of the role for judges, but did specify a substantial
role for those whose job was to chop off hands or impale somebody on a stake.
Under the Code of Hammurabi, an attempt was made to enact “sympathetic” punishment, or
justice in the form of life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning
for burning, wound for wound, and stripe for stripe.” A similar philosophy is expressed in the
Bible (Exodus 21:23-25). The punishment of this type follows the principle of lex talionis (the
law of retaliation), and it is based on the notion of talion (or equivalence between crime and its
punishment).
Philosophy of Retribution
a. Proportionality
➢ the notion of proportionality is the idea that we can rank order the seriousness of the
crime as well as a standard progression in the penalties to administer.
b. Just Deserts
➢ the right term if we consider the culpability (degree of intent or willfulness) of each
offender, in addition to the ranked seriousness of their offense. It is one of the more popular
principles in the philosophy of retribution, or the idea that punishment is deserved by
the wrongdoer simply because they committed a transgression.
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c. Equity
➢ Equity exists if we take consistency to the extreme and see to it that all offenders who
commit the same crime with the same degree of culpability get exactly the same
punishment.
d. Reciprocity
➢ There is reciprocity if we look at the punishment as a natural part of the social order and
feel satisfied that the offender has been appropriately punished.
e. Retribution
➢ Retribution is present if the offender happens to agree to the appropriateness of the
punishment, or at least accepts some blame or shows remorse, or the upholding of human
dignity through the mutual acceptance of a fair and just punishment.
2. Justice Model
➢ It was first introduced in 1979 by David Fogel in his book, We are the living Proof: The
Justice Model for Corrections. Basically, the Justice Model has rejection of all hopes for
rehabilitation and the indeterminate sentence. The model also contains some strong views
on penology and has been described as less concerned with the administration of justice
than with the justice of administration.
Fogel’s ideas for the effectiveness of corrections as a justice agency are as follows:
a. Punishment is necessary to uphold the laws;
b. Prisoners should be considered and treated as responsible for their actions:
c. Justice employee discretion should be narrowed and controlled;
d. Accountability ought to be on the consumer (offender) not the clientele (public); and
e. Prisons ought to be accountable in how they demand accountability.
3. Utilitarianism Model
➢ The philosophy of utilitarianism developed at a time in history when intellectuals were
concerned with the idea of Social Contract.
➢ Social Contract consists basically of the doctrine that an individual is only bound to
society by their consent, and that through this consent (often implied if the person remains
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in that society and doesn’t move), society has a reciprocal responsibility to them (such as
protecting their life, property, and welfare).
Utilitarian Perspective
➢ The root word of utilitarianism is “utility” which means “useful.”
➢ Punishment exists to ensure the continuance of society and to deter people from committing
crimes. Deterrence comes, not from trying to be harsh, but from punishment that is
appropriate (severity), prompt (celerity), and inevitable (certainty). Prisons and penology
are of particular interest to utilitarians because prisons are supposed to be the least costly
way to accomplish “pain with a purpose”
Kinds of Deterrence
1. Specific Deterrence (Individual Deterrence)
➢ It often takes the form of an older principle called incapacitation. The idea is to make
it impossible for an individual to commit another crime, at least while they are in prison.
2. General Deterrence (Societal Deterrence)
➢ It is what most people mean when they speak of deterrence. The principle here is that
others (potential criminals) will want to avoid criminal behaviour because of the
example provided by punishment.
“A Person is punished, not so much because he deserves it, but in order that others will not be
inclined to do the same or similar thing”
4. Redemptive and Restorative Justice Model
➢ Restorative justice approaches are sometimes called communitarian, reintegrative,
or redemptive approaches, and although subtle differences exist, almost all varieties
try to maximize forgiveness, hope, accountability, and positive outcomes for all parties,
especially but not limited to communities which have experienced the most harm and
could benefit the most from harm reversal.
➢ Restorative justice is a broad field (technically a philosophy which seeks to implement
values); current redemptive philosophy in criminal justice tends to be about faith-based
initiatives, and/or religious-based correctional interventions.
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7.2 Punishment
Capital Punishment (before penal servitude)
In 1765, the judge could hand out the death penalty for the following offences:
➢ Murder
➢ Treason
➢ coining money
➢ arson
➢ rape
➢ Sodomy
➢ Piracy
➢ Forgery
➢ Destroying ships
➢ bankrupts concealing their possessions
➢ highway robbery
➢ house breaking
➢ pick pocketing or stealing over 1s
➢ shoplifting over 5s
➢ stealing bonds or bills,
➢ stealing above 40s in any house
➢ stealing linen
➢ maiming cattle
➢ shooting at a revenue officer
➢ pulling down houses or churches
➢ destroying a fishpond causing the loss of fish
➢ cutting down trees in an avenue or garden
➢ cutting down river banks
➢ cutting hop binds
➢ setting fire to corn or coal mines
➢ concealing stolen goods,
➢ returning from transportation
➢ stabbing an unarmed person
➢ concealing the death of a bastard child
➢ maiming a person
➢ sending threatening letters
➢ riots by 12 or more persons
➢ stealing from a ship in distress
➢ stealing horses
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➢
➢
➢
➢
➢
➢
➢
cattle or sheep
servants stealing more than 40 shillings from their master
breaking bail or escaping from prison
attempting to kill privy councillors
sacrilege, armed smuggling
robbery of the mail
destruction of turnpikes or bridges
Death
➢ Many, in fact most, death sentences were not carried out. Through benefit of clergy use of
pardons, and respited sentences due to pregnancy or in order to perform military or naval
duty, many of those sentenced to death were not actually executed.
Methods of Death Penalty
1. Death with Dissection and Hanging in Chains
2. Death by hanging
3. Asphyxiation (or strangulation)
4. Boiling to death
5. Brazen bull
6. Burning, especially for religious heretics and witches on the stake
7. Breaking wheel
8. Burial (alive, also known as the pit)
9. Crucifixion
10. Crushing by a weight, abruptly or as a slow ordeal
11. Decapitation, or beheading (as by sword, axe or guillotine)
12. Disembowelment
13. Dismemberment
14. Drawing and quartering (Considered by many to be the most cruel of Punishments)
15. Drowning
16. Electrocution (also electric chair)
17. Explosives
18. Exposure in animal skin
19. Flaying
20. Garroting
21. Gassing
22. Impalement
23. Lethal injection
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24. Poisoning
25. Pendulum Blade
26. Sawing
27. Scaphism and other similar methods
28. Shooting can be performed either
✓ by firing squad
✓ by a single shooter (such as the neck shot, often performed on a kneeling prisoner,
as in the PR China)
✓ (especially collectively) by cannon or machine gun
29. Slow slicing
30. Stabbing
31. Starvation and Dehydration (sometimes as immurement)
32. Stoning
33. By being thrown from a height
34. Various animal-related methods are as follows:
a. Tearing apart by horses, e.g. Ancient China (using five horses) or “quartering,” with four
horses, as in The Song of Roland and Child Owlet:
b. Attack/devouring by animals, such as dogs or wolves, as in Ancient Rome and the Biblical
lion’s den; by rodents (such as rats); by alligators or crocodiles, or carnivorous fish (such
as piranhas or sharks); by crabs or by insects (such as ants);
c. Poisonous stings of scorpions and bites of snakes, spiders, etc.;
d. Crushing by elephant or trampling by a herd or by horsemen, as practiced by the Mongolian
hordes;
e. Snake pit 162:63)
Corporal Punishment
➢ Corporal Punishment was retained as a punishment for a lot longer time than either the
stocks or the pillory. The most common form of corporal punishment was:
1. Whipping
➢ The most common form of corporal punishment used to punish offenses including petty
theft, bigamy (being married to two people at the same time), assaulting, vagrancy,
unmarried mothers, or manslaughter.
In the beginning, whipping had been a public punishment, but in the middle of the 19th century,
it was mainly performed in the confines of the jail, and only on men. Other forms of corporal
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punishment included having heavy weights placed on the body and the rack, which stretched the
body until it has past the point of pain.
2. Public humiliation
➢ It was also used to punish. Brothel keepers and prostitutes might have been driven around
their local area in a horse and cart to embarrass them and to inform the public of their
wrongdoings.
For women who had been accused of scandalous language, gossip or nagging there was a
contraption, known as the ‘scolds’ bridle’ or brank’, which fitted as a cage around their heads
with a metal gag in the mouth that prevented them from speaking.
The Development of Prison as a Punishment
➢ At the beginning of the 19th century, there was a growing disinclination in England of
imposing any public punishment such as whipping and the gallows. This led to a growing
use of confinement as punishment.
➢ In 1808 Samuel Romily led a campaign to restructure the criminal law system by radically
decreasing the use of the death penalty. He was met with strong opposition by those who
believed that the death penalty provided the strongest deterrent to crime, and he made slow
progress.
➢ Capital punishment was not the only primary penalty that could be meted out. After the
Transportation Act of 1718, Transportation was made as primary penalty rather than a
means of escaping the death penalty. Transportation was also used in many cases to keep
the numbers of confined prisoners down and to rid England of the problem of crime.
Imprisonment as a Modern Form of Punishment
➢ A prison, penal penitentiary, or a correctional facility is a place in which individuals are
physically confined or intended and usually deprived of a range of personal freedoms.
Prison are conventionally institutions which form part of the criminal justice system of the
country, such that imprisonment or incarceration is a legal penalty that may be imposed by
the state for the commission of a crime.
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➢ A criminal suspect who has been charged with or is likely to be charged with a criminal
offense may be held on remand in prison if he or she is denied, refused or unable to meet
conditions of bail, or is unable to post bail. This may also occur where the court determines
that the suspect is at risk of absconding before the trial or is otherwise a risk to society. A
criminal defendant may also be held in prison while awaiting trial or a trial verdict or if
found guilty, a defendant will receive a sentence requiring imprisonment.
➢ Prisons may also be used as a tool of political repression to detain political prisoners,
prisoners of conscience, and “enemies of the state”, particularly by authoritarian regimes.
In times of war or conflict, prisoners of war may also be detained in prisons.
➢ A prison system is the organizational arrangement of the provision and operation of
prisons, and depending on their nature, may invoke a corrections system. Although people
have been imprisoned throughout history, they have also regularly been able to perform
prison escapes.
➢ For most of history, imprisoning has not been a punishment in itself, but rather a way to
lock up criminals until corporal or capital punishment.
Bureau of Correction in the Philippines
➢ Corrections in the Philippines started during pre-colonial times when the task was
community-based. It was only during the Spanish regime that an organized corrective
service was made operational.
Bureau of Corrections
➢ It is an agency under the Department of Justice mandated to carry out
institutional rehabilitation programs of the government for national offenders, those
sentenced to more than three years and to ensure their safe custody. It is composed of
seven operating institutions located all over the country to accept national prisoners. The
central office is in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the
director, the assistant director and the general administration staff are holding official
functions.
Bureau of Corrections Operating Institutions
1. New Bilibid Prisons - Muntinlupa City
2. Correctional Institution for Women - Mandaluyong City
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3. Iwahig Prison and Penal Farm - Puerto Princesa City
4. Davao Prison and Penal Farm - Davao del Norte
5. Sablayan Prison and Penal farm - Occidental Mindoro
6. San Ramon Prison and Penal Farm - Zamboanga City
7. Leyte Regional Prison - Leyte
Institutional Programs
1. Inmate work program
2. Health care
3. education and skills training
4. Recreation and Sports
5. Religious guidance and behavior modification using the therapeutic community approach.
Modern Form/Method of Punishment
a. Execution - for capital offenses. ex. death by lethal injection
b. Imprisonment/Incarceration
c. Fines
d. Probation and Parole
e. House Arrest - is a measure by which a person is confined by the authorities to his or her
residence. Travel is usually restricted if allowed at all.
The Psychological Effects of imprisonment
The Purpose of Prison
➢ Historically, imprisonment was based on punishing those who wronged in the society, by
inflicting suffering of the body similar to the pound of flesh depicted within Shakespeare’s
Merchant of Venice. In contrast to this concept, today’s imprisonment is no longer simply
intended as an acute form of corporal punishments, but a method by which to work on a
person’s mind as well as his body, through 3 distinct areas which included the following:
a. punishment:
b. deterrence; and
c. rehabilitation
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Responsibilities of Prisons are as follows:
a. The safekeeping of all inmates:
b. The maintaining and improving of the welfare of all confined within it: and
c. The performance of these objectives with maximum of efficiency and economy
Safe keeping
➢ generally comprised of keeping inmates locked away, counted, and controlled whilst
allowing for isolated moments of welfare activities to satisfy needs through recreation,
education and counseling.
➢
It is what the prisoners experience in this world; how they attain satisfaction,
and how they avoid its detrimental effects through the adjustment process known a
Prisonization that ultimately decides how, if ever, they will emerge.
Pain of Confinement
➢ The pain of confinement is limited to certain psychological deprivations. This includes the
loss of liberty where prisoners experience a limitation of movement. There is also the pain
of moral rejection implied in confinement. Confinement applies that the prisoner is not
trusted or respected, therefore, s/he should not be able to move freely amongst other
citizens
➢ Prisoners must obey rules and there are restrictions placed on what goods they may have
with them and when. Sexual deprivation places pressure on prisoners towards homosexual
satisfaction of one ‘s sexual needs. It also involves a cry for the compassion of a woman.
Also, loss of autonomy suggests that prisoners are under the control of officials. Prisoners
must obey rules and are treated like children combined, these psychological deprivations
lead to a destruction of the human personality
Isolation
➢ Isolation is the term used when inmates are separated from the general prison population.
There are three situations which may call for an inmate to be put in isolation. These include
disciplinary segregation, administrative segregation, and protective custody. As one may
predict whether an inmate becomes severely psychologically affected by solitary
confinement is dependent on how much time is spent in isolation.
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Rehabilitation Programs for Prisoners in the Philippines
Rehabilitation
➢ It means to restore to useful life, as through therapy and education or to restore to good
condition, operation, or capacity.
➢ The assumption of rehabilitation is that people are not natively criminal and that it is
possible to restore a criminal to a useful life, to a life in which they contribute to themselves
and to society.
Rather than punishing the harm out off a criminal, rehabilitation would seek by means of:
1. Education or therapy
2. bring a criminal into a more normal state of mind, or into an attitude which would be helpful
to society, rather than being harmful to society.
Rehabilitation programs of prisoners can be a carried out through the process of classification
and custody and control of prisoners. Classification is more than placing prisoners into types or
categories, while custody and control of prisoners are important phases of prison management.
Process of Classification
Classification
➢ a method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated in the individual case. For this purpose, the following are the three (3) phases
of the classification process, namely;
1. Diagnosis
2. Treatment planning
3. Execution of treatment program
Rehabilitation Programs are as follows:
1. Employment of Prisoners
2. Religious Services
3. Educational Program
4. Recreational Program
5. Library Services
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6. Health and Medical Services
7. Counseling
Imposition of Penalty
➢ Penalty, in its general sense, signifies pain; in its juridical sphere, penalty means the
suffering undergone, because of action of society, by one who commits a crime. Hence, a
penalty is imposed only after conviction in a criminal action.
Juridical Conditions of Penalty
Under the Philippine Penal System, the following are the conditions of the imposition of penalty:
1. Must be productive of suffering, but must not desecrate the human personality,
2. Must be proportionate to the crime in the sense that different penalties are prescribed for
different crimes,
3. Must be personal as it must be imposed only upon the criminal and no other,
4. Must be legal as it must be the consequence of a judgment according to law,
1. Must be certain so that one cannot escape from it;
2. Must be equal in the sense that it applies to all persons regardless of circumstances, and
3. Must be correctional
Clemency
➢ Clemency is a term that means the lessening of the penalty of the crime without forgiving
the crime itself.
Philippines Executive Clemencies are as follows:
a. Pardon
➢ A pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a
sovereign power, such as a president or chief of state which is either: Absolute Pardon or
Conditional Pardon
b. Amnesty (from the Greek amnestia, oblivion)
➢ It is an act of justice by which the supreme power in a state restores those who may have
been guilty of any offense against it to the position of innocent persons. It includes more
than pardon, in as much as it obliterates all legal remembrance of the offense. The word
has the same root as amnesia.
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c. Reprieve
➢ A temporary delay in imposition of the death penalty (a punishment which cannot be
reduced afterwards) by the executive order of the state.
Reasons for reprieves
1. the possibility of newly discovered evidence (another’s involvement, evidence of mental
impairment)
2. awaiting the result of some last-minute appeal, or concern of the executive that there may
have been some error in the record which he/she should examine.
➢ A reprieve is only a delay and is not a reduction of sentence, commutation of sentence, or
pardon.
d. Commutation of Sentence
➢ It involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a
pardon, a commutation does not nullify the conviction and is often conditional.
Probation
➢ Section 3 (a) of Presidential Decree 968, as amended, defined probation as disposition
under which an accused, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer. It is a privilege granted
by the court; it cannot be availed of as a matter of right by a person convicted of a crime.
To be able to enjoy the benefits of probation it must first be shown that an applicant has
none of the disqualifications imposed by law.
Disqualified Offenders
➢ Probation under P.D. No. 968, as amended, is intended for offenders who are 18 years of
age and above, and who are not otherwise disqualified by law. Offenders who are
disqualified are those:
1. sentenced to serve a maximum term of imprisonment of more than six years;
2. convicted of subversion or any offense against the security of the State, or the Public
Order;
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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 more than Two
Hundred Pesos:
4. who have been once on probation under the provisions of this Decree.
Revocation of Probation
➢ At any time during probation, the court may issue a warrant for the arrest of a probationer
for any serious violation of the conditions of probation. The probationer once rested and
detained, shall immediately be brought before the court for a hearing of the violation
charged. The defendant may be admitted to bail pending such hearing. In such case the
provisions regarding release on bail of persons charged with crime shall be applicable to
probationers arrested under this provision.
➢ An order revoking the grant of probation or modifying the terms and conditions thereof
shall not be appealable.
Termination of Probation
➢ After the period of probation and upon consideration of the report and recommendation of
the probation officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the
case is deemed terminated.
Programs and Services
1. Post-Sentence Investigation
➢ After conviction and sentenced, a convicted offender or his counsel files a petition for
probation with the trial court, who in turn orders the Probation Officer to conduct a postsentence investigation to determine whether a convicted offender may be placed on
probation or not. The role of the probation officer in this phase is to conduct the postsentence investigation and to submit his report to the court within the period not later than
60 days from receipt of the order of the Court to conduct the said investigation.
2. Pre-Parole Investigation
➢ The Parole and Probation Administration (PPA) conducts pre-parole investigation of all
sentenced prisoners confined in prisons and jails within their jurisdiction. The purpose is
to determine whether offenders confined in prisons/jails are qualified for parole or any
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form of executive clemency and to discuss with them their plans after release. Probation
officers submit their pre-parole assessment reports to the Board of Pardons and Parole.
3. Supervision of Offenders
➢ The Agency supervises two types of offenders under conditional release: (1) probationers,
or persons placed under probation by the courts; (2) parolees and pardonees, or prisoners
released on parole or conditional pardon and referred by the Board of Pardons and Parole
(BPP) to PPA. The objectives of supervision are to carry out the conditions set forth in the
probation/parole order, to ascertain whether the probationer/parolee/pardonee is complying
with the said conditions, and to bring about the rehabilitation of the client and his reintegration into the community.
4. Rehabilitation Programs
➢ The treatment process employed by the field officers focuses on the particular needs of
probationers, parole and pardonees. Assistance is provided to the clientele in the form of
job placement, skills training, spiritual/moral upliftment, counseling, etc.
Parole
➢ It is an instance by which prisoners are released on the basis of their response correctional
institution and service programs and by which they are provided with necessary controls
and guidance as they serve the remainder of their sentence in a Free community (see Act
4103, as amended)
Community Linkages
➢ Probation/Parole, as a community-based treatment program, depends on available
resources in the community for the rehabilitation of offenders. Thus, the Agency.
recognizing the important role of the community in rehabilitation, involves the community
in the probation/ parole work through the use of volunteer workers and welfare agencies.
➢ The PPA, through its Community Services Division, Regional and Field Offices
nationwide, has been tapping government non-government organizations individuals for
various rehabilitation programs and activities for probationers, parolees, and pardonees.
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