LECTURE PROPER IN
NON-INSTITUTIONAL (Community-Based) CORRECTIONS
LESSON 1. INTRODUCTION
A. Introduction to Non-Institutional (Community-based) Corrections
Community-based corrections are non-institutional based corrections which
are being considered as the best alternative for imprisonment. It is a nonincarcerate system of correction. It is described as a method of rehabilitating
convicted felons without the need of placing them into jail or prison facilities. It
is likewise refer to any sanctions in which convicts serve all or a portion of
their entire sentence in the community. Community-based correction is a
program which deal with supervised rehabilitation of convicts with the
community.
The idea behind non-institutional correction programs is that, most convicts
can be effectively held accountable for their crimes at the same time that they
can fulfill legitimate living standards in the community. Most convicts do not
pose an imminent danger to themselves or to others and can therefore
remain the community to maintain relationships. Rehabilitating convicts within
the community confers several benefits such as:
1. The convict will remain in the community in which he or she has
responsibilities. He can continuously engage to his legitimate sources
of livelihood to support himself and his family and the government can
collect taxes from him;
2. Convicts under community-based corrections are more capable to
compensate their victims through restitution or to pay-back the
community through community service; and
3. Community-based corrections programs do not expose convicts to the
subculture of violence existing in jails and prisons.
B. Correction, Defined
The branch of the administration of Criminal Justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders. The dual purposes of Correction are:
1. To punish; and
2. To rehabilitate the offender.
C. Forms of Corrections
1. Institutionalized Correction. – The rehabilitation of offenders in jail or in
prison.
2. Non-institutionalized Correction (Community-Based Correction). –
Refers to correctional activities that may take place within the community.
They are in the forms of Probation, Parole, Conditional Pardon,
Community works.
Note: Community-based corrections include all correctional activities that
take place in the community. It embraces any correctional activity in the
community that directly addressed to the offender and aimed at helping him to
become a law-abiding citizen.
D. Forms of Community-based Correction Programs
The following are the most popular forms of Community-based Corrections
that are applied in the Philippines:
1. Probation. – Is a disposition, under which a defendant after conviction
and sentence, is release subject to the conditions imposed by the court
and to the supervision of a probation officer.
2. Parole. – A conditional release from prison of a convicted person upon
service of the minimum of his indeterminate penalty.
3. Pardon. – A form of executive clemency which is exercise exclusively
by the Chief Executive. Pardon may be given conditionally (Conditional
Pardon) or unconditionally (absolute Pardon). For the purpose of NonInstitutional Correction, it is the Conditional Pardon with Parole Conditions
is under consideration.
Note: For simple infraction of laws or ordinances, Community Service may
likewise be considered as Community-based Correction. This is impose to
require the violators to render community service in lieu of payment of fine
and/or imprisonment.
E. Entities of the Government task for providing Community-based
Correction
The following are the Entities of the Government that provide for Communitybased Corrections:
1. Parole and Probation Administration (PPA)
i. Conduct investigation of all cases in relation to parole, probation
and pardon; and
ii. Responsible for the supervision of all parolees, probationers and
conditional pardon grantees.
2. Board of Pardon and Parole (BPP)
i. Authority in Granting Parole; and
ii. Responsible for recommending the grant of pardon and
executive clemency to the president.
3. Department of Social Welfare and Development (DSWD)
i. Handling cases of Child in Conflict with the Law (CICL).
F. Benefits of Community-based Corrections
The following are the benefits of Community-Based Corrections:
1. Strengthening family ties through avoidance of broken family
relationships. – The treatment and rehabilitation of convicted offender is
done outside the institutional facilities, hence, family members will not
suffer broken family due to imprisonment of one of its member;
2. Prevention of Influence Contamination. – Putting convicted felon to
prison may expose him to hardened criminals who might influence him to
be a more hardened criminal than before;
3. Engagement of Community Involvement. – Rehabilitation can be
more effective with the help of the members of the community;
4. Assurance of Individualized Treatment Approach. – These
programs provide individualized treatment program for the convicts which
is if not available, it is hard to attain correctional institution; and
5. It is more economical than institution-based correction on the part
of the government.
G. Purposes and Functions of Community-based Corrections
The purposes of Community-based Corrections are:
1. Facilitating Convicts Reintegration;
2. Fostering Convicts Rehabilitation;
3. Providing an Alternating Range of Convicts Punishments; and
4. Heightening Convicts Accountability.
On the other hand, the functions of Community-based Corrections are:
1. Client monitoring and supervision to ensure program compliance;
2. Ensuring Public Safety;
3. Employment Assistance;
4. Individual and Group Counseling;
5. Educational Training and Literacy Services;
6. Networking with other community agencies and businesses; and
7. Reducing jail and prison overcrowding.
H. Current Issues and Concerns on Community –based Correction
Community-based Corrections have many issues and concerns, such as:
1. Public resistance against Non-Institutional Corrections;
2. Punishment against rehabilitation and reintegration;
3. Convicted individual needs safety as well as the public;
4. Availability of Rehabilitation Services;
5. Education and training for rehabilitation service providers; and
6. Coping with special needs of the convicts.
LESSON 2. DIFFERENT FORMS OF EXECUTIVE CLEMENCY
Executive Clemency - It refers to the COMMUTATION OF SENTENCE, ABSOLUTE
PARDON, AND CONDITIONAL PARDON, with or without the parole conditions, as may
be granted by the President of the Philippines upon the recommendation of the Board of
Pardon and Parole. It may also refer to commutation of sentence and reprieve.
Person Disqualified for Executive Clemency
Prisoners are not considered for commutation of sentence or conditional pardon if:
1. The petitioner is available for Parole;
2. The prisoner is sentenced to another prison term within (1) one year from the
date of his last re commitment of the jail or prison from where he escaped;
3. The prisoner had violated an\y conditions of his discharge on Parole or
Conditional Pardon; and
4. The prisoner is suffering from mental illness or disorder as certified by a
government psychiatrist.
A. Amnesty
Amnesty. – The act of an authority (as a government) by which pardon is
granted to a large group of individuals. A sovereign act or forgetfulness (from
Greek Amnestia, “Forgetfulness”) granted by the government, especially to a
group of persons who are guilty of (usually political) crimes in the past. It is
often conditional upon the group’s return to obedience and duty within a
prescribed period.
The purpose of amnesty is to hasten a country’s return to political normalcy
by putting behind it the anomalies of the past through a pardon that will open
the door to living normal lives for groups of people targeted by the amnesty.
These groups were once involve in political activities during certain troubled
times like war or rebellion and by making a gesture of the state forgetting past
destructive activities of political dissidents or rebels and allowing them to lead
normal lives, the country in return will ensure its return to normalcy.
Characteristics of Amnesty
1. It is the proclamation of the Chief Executive with the concurrence of the
Congress, hence, it is a public act which the court should take judicial
notice;
2. Amnesty can be granted before and after the institution of the criminal
prosecution and sometimes after conviction;
3. Granted to classes of persons or communities who may be guilty of
political offenses; and
4. Amnesty looks backward and abolishes and puts into oblivion the
offense itself, it so overlooks and obliterates the offense with which he is
charge that the person release by amnesty stands before the law precisely
as though he had committed no offense.
B. Commutation of Sentence
Commutation of Sentence. - It refers to the reduction of the duration of a
prison sentence. The reduction of a sentence for a criminal act by action of
the executive head of the government. Like pardon, commutation of sentence
is a matter of grace, not of right; it is distinguished from pardon, however, in
that the conviction of crime is not nullified. The commutation, hence, may be
granted on condition that the criminal observe certain restrictions for the
balance of his original sentence. Many states have statutes providing for
commutation of sentence as a reward for good conduct during imprisonment.
Once earned, the commutation becomes a matter of right and may be
enforced by court action.
Commutation of sentence also benefits inmates sentenced to a fixed or
determinate sentence, which renders him or her ineligible for parole.
Commutation of sentence changes the original fixed sentence to a lesser
indeterminate sentence, which will then enable the beneficiary to be release
on parole. Commutation is also appropriate to use with convicts sentenced to
several counts. The sentence may be commuted to one single indeterminate
sentence through commutation and rendering the recipient to avail of parole
after serving the minimum sentence.
1. Purposes of Commutation
i. To break the rigidity of the law.
ii. To extend parole in cases where the parole law do not apply.
iii. To save the life of a person sentenced to death.
2. Conditions for a Sentence to be commuted
i. The petitioner must have served at least one-third (1/3) of the minimum
indeterminate sentence or the following portions of his prison sentence
constituting the Reclusion Perpetua;
ii. At least ten (10) years if convicted of robbery with Homicide. Rob berry
with Rape or Kidnapping with Murder;
iii. At least eight (8) years if convicted of simple murder. Parricide, rape or
violation of anti-drug laws;
iv. At least twelve (12) years if given two (2) or more sentence for
Reclusion Perpetua;
v. At least twenty (20) years in case of (1) death sentence which was
automatically commuted to Reclusion Perpetua; and
vi. At least twenty-five (25) years in case of two (2) sentences of Reclusion
Perpetua.
C. Reprieve. – The act of postponing the enforcement of a sentence, particularly
a death sentence, to allow an appeal.
Reprieve is also another prerogative exercised by the President of the
Philippines. Generally, it is applied to death sentences already affirmed by the
Supreme Court. But it can also be invoked in another cases that have
become final. Reprieve is a temporary stay of the execution of a sentence. In
death sentences, the date of execution of the convict is held in abeyance for a
certain period to enable the Chief to temporarily stay execution of sentence.
Like pardon, the President can only exercise reprieve when the sentence has
become final. Generally, reprieve is extended to death penalty prisoners. The
date of execution of sentence is temporarily postponed indefinitely to enable
the Chief Executive to thoroughly study the petition of the condemned man for
commutation of sentence or pardon.
D. Remit Fines and Forfeitures. – Prevents the collection of fines or the
confiscation of forfeited property; it cannot have the effect of returning
property which has been vested in third parties or money already in public
treasury.
LESSON 3. PROBATION
Probation – Probation as a term and as a procedure is derived from the Latin
word “PROBARE” meaning to PRAVE. Therefore, as the term Latin Etymology
states, probation involves the testing of an offender and proving that he's worth of
his freedom. It is a procedure whereby the sentence of an offender is suspended,
while he is permitted to remain in the community, subject to the control of the
court and under the supervision and guidance of probation officers. A disposition
under which a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of probation officers.
Probationer – It means a person placed on probation.
Probation Officer – It means one who investigates for the court a referral for
probation or supervises a probationer or both; and performs other related duties
as directed.
Petitioner – A convicted defendant who files a formal application for probation.
A. Basic Concepts on Probation
The following are the basic concepts of Probation:
1. As a system of instruction. – The probationer will be placed under the
supervision of probation officer who shall be directly in charge of
supervising and monitoring the progress of the rehabilitation program
based on the conditions imposed by the court. Such control of the court
shall be considered continuing in character until such time that the court
orders the discharge from probation of the convict.
2. Suspended Imposition of Sentence. – Probation consists of the
conditional suspension of the execution of sentence while the convict is
placed under suspension and is given individual guidance and treatment
programs.
3. Provision for Individualize Treatment Program. – The basic purpose
for probation is to provide an individualized treatment program offering a
first time or unhardened convict as an opportunity to be rehabilitated
without institutional confinement or imprisonment, under the tutelage of a
probation officer and under the continuing power of the court to impose
institutional punishment for his original offense in the event that he abuse
such opportunity, and courts have a wide direction to accomplish such
intent.
B. Forerunners of Probation
Probation was first legally established in the United States, but to trace its
origins, it is important to know the earlier schemes for humanizing criminal
justice under the common law of England. These procedures were found in
the laws and customs of England and were adopted by the colonists who
settled in the eastern shores of United States. Probation as a practice is
believed to have been the product of the following olden practices, such as:
1. Money Compensation. – Which is a precursor of our use of fines and
restitution today, introduced by the Laws of Babylon, Greece and
Rome, for those crimes which did not affect the safety of the state.
Slaves having nothing of value to offer as compensation received
unmitigated cruel punishments.
2. Cities of Refuge. – Sanctuaries where the accused was safe pending
in an investigation of his criminal responsibility, introduced by the
Jewish law for those who killed without premeditation. The Jews also
gives some consideration for the individual in lesser penalties for
impulsive offenses than for planned musder
3. Benefits of the Clergy. - Dating back to the reign of HENRY III the
13th century. It originated in a compromise with the church which had
maintained that a member of the clergy brought to trial in a king's court
might be claimed by the bishop or chaplain representing him on the
ground that the prisoner was subject to the authority of the
ecclesiastical court only.
4. Judicial Reprieve. – Judicial reprieve is a device of modifying the
severity of the law, by temporary suspension of the sentence. This
practice was much used by the early English judges and grew up at a
time when new trials or appeals to another court were impossible
under the common law, but it continued in use thereafter. Early in the
17th century with the establishment of settlement in America, English
Courts began to grant reprieves to prisoners under sentence of death
on condition that they accept deportation.
5. Recognizance. – This is an older method of suspending or deferring
judgment, for good behavior. This was based in an ancient practice
developed in England in the 14th century. It originated as a measure of
preventive justice, involving an obligation or promise, sworn to under
court order by a person not yet convicted but though likely from the
information before the court to have commit a crime that he would
keep the peace and be for good behavior. It is the direct ancestor of
probation.
The earliest recorded use of recognizance in the United States
occurred in 1830 in a Massachusetts courtroom in the case of the
COMMONWEALT VS. CHASE. Presiding Judge OXENBRIDGE
THATCHER of the Municipal Court of Boston set forth the nature of
recognizance:
6. Banishment/Transportation. – This is a form of punishment which is
done by indenturing the convicts to penal colonies where they serve as
slave until they completed their service of sentence. Transportation of
offenders to penal colonies was practiced principally by European
Countries that had acquired distant colonies because of the need to
import labor into these colonies.
C. Founders of Probation
The following are the notable personalities in the field of Probation:
1. JOHN AUGUSTUS (Boston, Massachusetts). - A Boston shoemaker
traditionally known as initiator of probation process. He coined the term
probation and is viewed as its founder. He was later called the “Father
of Probation”. The first American probation officer who developed
several features that later became he characteristics of the probation
system.
2. MATTHEW DAVENPORT HILL (Birmingham, England). – An
English Lawyer who had introduced the practice of suspending
sentence and releasing the offender under supervision in England. He
was later called the “Father of Probation in England”.
3. TEODULO C. NATIVIDAD. – Co-sponsored house bill no. 393 entitled
“An Act Establishing Probation in the Philippines: Providing probation
Officers therefore and for Other Purposes.” He is known as the
“Father of Probation in the Philippine”.
D. Historical Background of Probation
b
1. United States
While the theory of probation can be traced to the long standing custom of the
Anglo – American Courts to suspend judgment in certain cases, in practice it
originated it in 184. When JOHN AUGUSTUS, a Boston shoemaker, was
interceding with courts to suspend the sentence of youthful offenders and
alcoholics and agreed to supervise the behavior of these offenders in lieu of
prison term placing them in his charge. By the time he died in 1859, he had
made himself responsible for nearly 2000 persons.
At about 1870, FATHER COOK, also of Boston, became interested in youth
who were tried before in courts in and whose cases were due to
circumstances rather than character. After investigating each case and finding
the offender not too hardened and still susceptible to reform, he made himself
available to the court as adviser to these
offenders. Judges realize the
importance of his work in reform of the young criminals so that they placed
convicted young offenders under his charge in 1878.
The first probation law was passed by the legislature of Massachusetts and
signed into law by GOVERNOR ALEXANDER B. RICE on April 26, 1878. The
first statute provided for a paid probation officer for adult offenders. And it
provided for the appointment and prescribed the duties of a salaried or paid
probation officers for the courts.
EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named probation
officer, thus becoming the first probation officer employed by the government
or first paid probation officer. In 1891, Massachusetts was followed by other
states. March 4, 1925, all but six of the states in the United States, the district
of Colombia and federal government had probation. The federal probation act
of 1925 became law on March 04, 1925. It was signed into law by
PRESIDENT CALVIN COOLIDGE.
HUBER LAW (1913). - A United States Law in Wisconsin permitting prisoners
not so dangerous to society to be gainfully employed during the day while
residing in jail.
FLASH SHEET. – Probation Officer shall notify all police agencies by sending
a note that Probationer is under his supervision.
SURSIS (1888-1891). - A unique probation method was introduced in France
and Belgium which provided a probation with no supervision on the condition
that no further offense will be committed within a prescribed period.
2. Philippines
Presidential Decree No. 968 which established a probation system as a less
costly alternative to the imprisonment of offenders who are likely to respond
to individualized, community-based treatment programs is the second
legislation that enforces a probation system in the country. The first legislation
was ACT NO. 4221 enacted by the Probation Officer under the Department of
Justice, Led by a Chief Probation Officer appointed by the American
Governor General with the advice and consent of the U.S. SENATE.
However, because of some defects in the law Act No. 4221 was declared
unconstitutional on November 16, 1937 in the case of People vs. Vera (37
O.G. 164) ,for undue delegation of legislative power.
In PEOPLE VS. VERA 37 O.G. 164. The constitutionality of the probation law
(act no. 4221) was challenged on three (3) grounds:
1. That said act encroaches upon the pardoning power of the chief
executive/president;
2. That it constitutes an undue delegation of legislative power; and
3. That it denies the equal protection of laws.
The supreme court in declaring act no. 4221 unconstitutional on November
16, 1937, held that the act was a surrender of legislative power to the
provincial boards for its application was left to their determination in providing
for the salary appropriation and also on the ground that not all provinces
could afford financially to implement probation consonant with the equal
protection of law. It was considered class legislation. Under this law probation
existed only in cities and municipalities which were given appropriations for
said purpose by legislature. The first probation act stayed in the statute books
for only two (2) years. The ill-fated act was not repugnant to the 1935
constitution per se it was only the procedural framework that was antagonistic
with the constitution charter.
In 1966, HOUSE BILL NO. 393 Sponsored by then Congressman TEODULO
C. NATIVIDAD and RAMON BAGATSING tried to revive the Probation
System but did not pass Congress.
PRESIDENTIAL DECREE NO. 603, otherwise known as the CHILD AND
YOUTH WELFARE CODE was passed to avail, PROBATION TO MINOR
OFFENDERS. It amended Article 80 of the Revise Penal Code by raising the
age of minority to under 21 years of age at the time of the commission of the
offense.
The turning point of the Probation law came in the late 1974 when the
National Defense Secretary JUAN PONCE ENRILE as concurrent chairman
of NAPOLCOM created the Inter-Disciplinary Committee on crime Prevention
chaired by then commissioner TEODULO C. NATIVIDAD.
The NAPOLCOM, acting on a report submitted by the Philippine Delegation to
the 5th UN CONGRESS on the Prevention of Crime and the Treatment of
Offenders, created an interdisciplinary committee tasked with formulating a
National Strategy to Reduce Crime and drafting a Probation Law. On July 2224 1976, the First National Conference on strategy to reduce crime was held
at Camp Aguinaldo, Quezon City. This was attended by nearly 800 delegates,
guest, and observers from various components of the Criminal Justice
System.
After many hearing and extensive consultations the draft decree was
presented to a selected group of 369 jurist, penologist, civic leaders and
Social and Behavioral Scientist and practitioners. These selected group
overwhelmingly endorsed the establishment of an ADULT PROBATION
SYSTEM in the country.
Based on said endorsement, on July 24 1976, PRESIDENTIAL DECREE NO.
968, otherwise known as the ADULT PROBATION LAW OF 1976, was
signed into law by then PRESIDENT FERDINAND E. MARCOS. P.D. NO.
968 establish the PROBATION ADMINISTRATION UNDER THE
DEPARTMENT OF JUSTICE (DOJ). P.D. NO. 968 seeks to afford adult
offenders what others like drug addicts and youth are already enjoying under
existing laws and what offenders in other countries have long been entitled to.
On November 1989 a new administration code transferred the function of
supervising parole and pardoned officers from trial courts to the probation
administration. The code also changed the name of the agency to Parole and
Probation Administration (PPA) in order to reflect the changed made by said
law. in 1991, the PPA was assigned the new tasked of conducting pre-parole
and executive clemency investigations in all city and provincial jails and
preparing pre-parole reports for the board of pardons and parole.
At present, Some Bills filed in Congress to extend the coverage of the
Probation Law to include offenders sentenced to twelve (12) years
imprisonment instead of the present ceiling of six (6) years. There are also
move to amend or repeal P.D. No. 1990 which provides that an application for
probation shall no longer be entertained or granted if the convicted offender
has appealed against conviction.
E. Probation Law of the Philippines
Presidential Decree No. 968 – The Probation Law of 1976. Also known as
the “Adult Probation Law”.
1. Reason for its enactment:
a. The establishment of a more enlightened and humane correctional
system that will promote the reformation of offenders;
b. Reduce the incidence of RECIDIVISM;
c. To remedy the onerous drain on the financial resources of the
country; and
d. The need to provide a less costly alternative to the imprisonment of
offenders who are likely to respond to individualized community based
treatment programs.
2. Basic Elements of Probation
The following are the basic elements of probation:
a. A suspension of the sentence;
b. A period at trial for the offender in the community;
c. The offender’s observance of the law and the adherence to the
condition imposed by the court; and
d. The supervision of the offender by a probation officer.
3. Essential Elements of Probation
The following are the essential elements of Probation:
a. A post-sentence investigation report which will serve as the
informational basis for the court's decision to grant or deny probation;
b. The conditional suspension of execution of sentence by the court;
c. Conditions of probation imposed by the court to protect public safety
and to foster the rehabilitation and reformation of the probationer; and
d. Supervision, guidance and assistance of the offender by the probation
officer.
4. Purpose of Probation
The following are the purpose for the enactment of the Probation Law:
a. To promote the correction and rehabilitation of an offender by providing
him with individualized (personalized), community based treatment;
b. To provide an opportunity for his reformation and reintegration into the
community; and
c. To prevent the commission of offenses.
5. Grant of Probation
Probation is a Privilege and, as such, its grant rest solely upon the discretion of
the court. The grant of probation results in the release of the petitioner subject to
the terms and conditions imposed by the court and to the supervision of
Probation Office.
In the case TOLENTINO VS. JUDGE ALCONCEL – It was held: “that
probation is a mere privilege and its grant rest solely upon discretion of the
court and is privilege for the benefit of society and only incidentally for the
benefit of the accused.”
In BACLAYON VS. MUTIA – The SC held that “An order placing
defendant on “probation” is NOT a “sentence” but is rather in effect a
suspension of the impossible of sentence. It is not a final judgment but is
rather an “interlocutory judgment” in the nature of a conditional order
placing the convicted defendant under the supervision of the court for his
reformation, to be followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by a final judgment of
sentence if the conditions are violated.
6. Persons Qualified for Probation
Any sentenced offender, 18 years of age above not otherwise disqualified under
PD 968 as amended can apply for probation before serving the sentence which
may either be imprisonment or a fine with subsidiary imprisonment, or both
imprisonment and fine.
7. Persons Disqualified for Probation
The following are the persons disqualified for probation:
a. Those sentenced to serve a maximum term of imprisonment of more
than six years (6) imprisonment;
b. Those convicted of subversion or any crimes against national security
and public order;
c. Those who were previously convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or
fine of not less than two hundred pesos ( P200.00 );
d. Those who have been once on probation under the provisions of P.D.
No. 968, as amended; and
e. Those who are already serving sentence at the time the substantive
provision of the decree became applicable pursuant to section 33 of PD
968. (As amended by BP Blg. 76 and PD 1990, Oct. 5, 1985).
8. Objectives of Probation
The Supreme Court declared that as probation provides a period of grace in
order to aid in the rehabilitation of penitent offender, taking advantage of an
opportunity for reformation and thereby abort their development into hardened
criminals, the welfare of society which is its chief aim would be enhance. In this
regard, the SC stressed that the benefit of probation to the individual convicts is
MERLY INCIDENTAL. As presently enacted into PD 968 as amended, the
objectives of probation are as follows:
a. Promote the correction and rehabilitation of an offender by providing
him with individualized treatment;
b. Provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence; and
c. Prevent the commission of offense.
9. Where to File a Petition for Probation
The application for probation shall be filed with the court that tried and sentenced
the offender at any time before the imprisonment starts.
10. Procedure of Filing for Probation
The following are the procedure in filing the petition for probation:
a. The defendant must file before the trial court an application for
probation within 15 days after he has been sentenced but before he
begins to serve the sentence. If the defendant has been convicted and
has appealed the sentence of conviction, an application for probation
cannot be entertained (PD 1990). The prosecuting officer concerned shall
be notified by the Court of the filing of such application and may submit his
comments within 10 days from noticed.
b. The application should be entertained by the court by ordering the
probation officer to conduct an investigation of the offender provided he is
not disqualified under the decree, while it is discretionary with the court to
grant or deny an application for probation, the Probation Law requires that
an investigation be first conducted by the probation officer who shall
submit his report within 60 days from receipt of the court's order. Only
thereafter shall the court resolve the application, an outright denial by the
court is a nullity correctable by certiorari.
11. Confidential Nature of Pre-Sentence Investigation
Nature of investigation report and supervision history of probationer. - It
shall be privilege and shall not be revealed directly or indirectly except to (a)
Probation administration (b) the court concerned. Violation of confidential nature
of probation records is an offense. Penalty is imprisonment from 0-6-1 to 6-0-0
and a fine from P600 to P6, 000.
12. Rights and Duties of the Probationer
When probation is granted, the probationer is required to obey the following
conditions imposed by the Court, such as:
a. The probationer must present himself to his Probation Officer within
seventy-two (72) hours;
b. Report to his Probation Officer in-charge of his supervision at least once
a month;
c. Not to commit any offense; and
d. Comply with any other conditions imposed by the court.
13. Period of Probation
Once the probation has been granted, it must not exceed with the following limit,
such as:
a. Not more than two (2) years if the probationer was sentence to
imprisonment of one (1) year or less;
b. Not more than six (6) years if the probation was sentence to
imprisonment of more than one (1) year; and
c. When the sentence imposed 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 twice the total number of days of
subsidiary imprisonment.
14. Effects of probation on accessory penalties
Accessory penalties are deemed suspended once probation is granted. There
are two mandatory conditions of probation, such as:
a. To present himself to the Probation Office concerned for supervision
within 72 hours from receipt of said Order;
b. To report to the Probation Officer at least once a month during the
period of probation.
15. Supervision of Probationer
Probationers report to their probation officer as often as indicated in the
conditions of probation.
The PO sees to it that the conditions of probation as given by the court are
followed. Probationers are helped to develop themselves, to learn the skills if
they do not have any, and to be gainfully employed so they can be useful
members of the society, houses visits and follow-up in their places of work may
be done if needed. The PO makes regular reports about the probationer to the
court.
16. Violation of Probationer
If the conditions of probation have been violated he will suffer the following
consequences:
a. The probation officer investigates the alleged violation and if it is
established, a report is submitted to the court. There can be modification
of condition of probation by the court, depending on the nature and
seriousness of the violation;
b. There is also the possibility of arrest including criminal prosecuting of the
probationer in the event of commission of another offense. The revocation
proceeding is summary. If the court finds the probationer guilty of serious
violation of the conditions of probation he may be ordered to serve the
original sentence imposed on him.
17. Grounds for Revocation of Probation
The grant of probation will be revoke if the probationer commits the following:
a. Failure to comply with any condition; and
b. Commission of another offense.
What constitute commission of another offense or violation of penal law? Is it, the
act of committing or perpetrating a crime? Or conviction for the commission of
said offense?
Answer: Supreme Court ruled that conditions violated by the pardonee or
parolee on judicial condition are not necessary. Supreme Court revoked
probation on the basis of a subsequent final judgment without remaining the case
to the probation.
18. Modes of Termination
The probation will be terminated by either of the following:
a. The successful completion of program of probation; and
b. Revocation for cause, or death of the probations.
The probation officer shall prepare a Termination Report 30 days before the
termination of the probation.
19. Legal Effects of Discharge
The legal discharge of the probationer from probation has the following effects,
such as:
a. Probation shall restore to him all civil right lost or suspended as a result
of the conviction; and
b. Shall fully discharge his liability for any fine imposed as to the offense
for which probation was granted.
20. Qualification of a Volunteer Probation Aide
Anyone who are aspiring to become a volunteer probation aide shall possess the
following requirements, such as:
a. A citizen of good repute and integrity;
b. At least 18 years of age;
c. Appointed by the Probation Administration;
d. Assist the Probation Officers and Assistant Probation Officers in the
investigation and supervision; and
e. Not entitled to salary but is given reasonable travel allowance.
LESSON 4. PAROLE
PAROLE - It consists in the suspension of the sentence of a convict after serving the
minimum of the sentence imposed without granting a pardon, prescribing the terms
upon which the sentence shall be suspended. 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 controls
and guidance as they serve the reminder of their sentences within the free community.
The word “PAROLE” - is a French word and is used here in the sense of word of
honor. Thus, the implication was that the prisoner would gave his word (or word of
honor) that he would abide by the term of his conditional releases.
Parole refers to the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence under the
continued custody of the State and under conditions that permit his reincarnation if he
violates a condition for his release.
A. Development of Parole
In Europe, two persons who are administrators in the early 19 th century
contributed to the development of parole and they are Menthesinos of Spain and
Abermanior, a German. But it was Captain Alexander Maconochie, penal
superintendent at Norfolk Island colony, Australia, who in 1840 originated the use
of ticket of leave, or conditional release equivalent to parole. Alexander
Maconochie was then called the “Father of Parole”.
B. Historical Background of Parole
1. Parole in America
It is said that the first man to use the word “Parole” was Dr. S. G. HAWE of
Boston who used word in a letter to the prison association of New York in
1846. But it was in 1869, after some American prison reformers who
observed the Irish Prison System instituted by Sir Walter Crofter that led to
the approval of the law creating the Elmira Reformatory in New York, which
was inaugurated in 1876, and this famous institution can be said to be the
beginning of parole in the United States. With ZEBULON R. BROCKWAY, as
superintendent at Elmira, using the indeterminate sentence in compulsory
developed parole which soon spread to other states of the United States. By
1910, the federal government and thirty two states had adopted the parole
system. Totally, parole is being used in some form or another in almost all of
the states of the United States, as well as other countries including
Philippines.
2. Parole in the Philippines
Parole in the Philippines is governed by the INDETERMINATE SENTENCE
LAW, also known as ACT NO. 4103, Dated December 05, 1933, and this law
was subsequently amended by ACT No. 4225, and later in June 19, 1965 by
Republic Act No. 4203.
C. Concept of Parole Administration
Parole in the Philippines is administered by the Board of Pardons and Parole,
who shall composed of the Secretary of Justice as chairman and four
members to be appointed by the President with the consent of the
Commission on Appointments and shall hold office for four tears of the
appointed members, one member shall be trained sociologist, one a
clergyman or educator, one psychiatrist, and other members shall be persons
qualified for the work by training and experiences. At least one member of the
board must be woman.
1. Effects of Parolee’s Behavior
If during the surveillance such parole prisoner shall show himself to
be a law abiding citizen and shall not violated any of the laws of the
Philippine Islands, the Board of Indeterminate sentence may issue
a final certificate of release in his favor, which shall entitled him to
final release and discharge.
2. Effects of the Violation of Parole Conditions
When any prisoner release on parole by virtue of this act, shall,
during the period of surveillances, violate3 any condition of his
parole, the Board of Indeterminate Sentence may issue an order for
his re-arrest which may serve in any part of the Philippine Islands
by any police officer. In such case the prisoner so re-arrested shall
serve the remaining unexpired portion of the maximum sentence for
which he was originally committed the prison, unless the Board of
Indeterminate Sentence shall grant a new parole to the said
prisoner.
D. Elements of Parole
The following are the elements of parole:
1. That the offender is convicted;
2. The he serves part of his sentence in prison;
3. The he is released before the full expiration of his sentence;
4. That said release is conditional, defending on his good behavior; and
5. That he remains on parole until the expiration of his maximum
sentence.
E. Objectives of Parole
The parole has the following objectives, such as:
1. To uplift and redeem valuable human resources material to economic
usefulness; and
2. To prevent unnecessary and excessive deprivation of personal liberty.
F. Person Eligible for Parole
A prisoner is eligible for the grant of parole unless otherwise disqualified upon
showing that is confined in a jail prison to serve indeterminate prison sentence,
the maximum period of which exceeds one (1) year, pursuant to a final judgment
of conviction and that he has serve the minimum period of said sentence less the
good conduct time allowance earned.
G. Discharge of Parole
A prisoner may be granted a “Discharge on Parole” whenever the Board finds
that there is a reasonable probability that if released, the prisoner will be lawabiding and that his release will not the interest and welfare of the society. The
Board of Pardons and Parole will order the release from confinement of a
prisoner granted parole.
H. Principles of Parole
The parole in the Philippines has the following principles, such as:
1. The government extends to the convicts a privilege by releasing
them from prison before their full sentence is served;
2. The government enters a release contract with the convicts in
exchange for their promise to abide by certain conditions;
3. Convicts who violate the law or the conditions of parole can
returned to prison to complete their sentences; and
4. The government retains control of parolees until they are dismissed
form parole.
I. Disqualified for Parole
The following are the persons disqualified for Parole:
5. Those convicted of an offense punished with Reclusion Perpetua
( Life Imprisonment );
6. Those convicted of treason, conspiracy of proposal to commit
treason;
7. Those convicted or misprision of treason, rebellion, sedition or
espionage;
8. Those convicted of piracy or mutiny on the high seas or Philippine
Waters;
9. Those who are habitual delinquents, is those who are within a
period of ten 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 said
crimes a third time or oftener;
10. Those who escaped from confinement or evaded sentence;
11. Those who are granted conditional pardon and violated any of the
terms thereof;
12. Those whose maximum term o0f imprisonment does not exceed
one ( 1 ) year or are with a definite sentence;
13. Those suffering from any mental disorder as certified by psychiatric
report of the Bureau of Corrections or the National Center for
Mental Health;
14. Those whose conviction is on appeal;
15. Those who have a pending criminal case for an offense committed
while serving sentence.
16. Those convicted of offenses punished with reclusion perpetua, or
whose sentences were reduced to reclusion perprtua by reason of
Republic Act No. 9346 enacted on June 24, 2006, amending
Republic Act No. 7659 dated January 1, 2004; and
17. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes.
J. General and Special Considerations for the Grant of Parole
In the grant of Parole there are general and special considerations, the
general considerations are the following:
1. Evidence that the petitioner will find legitimate source of livelihood upon
release;
2. Petitioner has a place to establish residence; and
3. Availability of after-care services for old, seriously ill or physically
disable petitioner.
While, the special considerations for the Grant of Parole are:
1. Old age, provided the inmate is below 60 years of age when crime is
committed;
2. Physical disability, provided such physical disability is not present when
the crime was committed;
3. Serious illness duly certified by a government physician; and
4. Similar circumstances which show that the continued imprisonment will
be inhumane or will pose grave danger to the life of the petitioner.
K. Basic Guidelines for the Grant of Parole
The Board may grant a petitioner parole based on reports regarding the
petitioner’s work and conduct and on the study and investigation by the board
itself and its finds the following circumstances are present, such as:
1. The prisoner is fitted by his training for release;
2. That there is a reasonable probability that, if released, he will live and
remain at liberty without violating the law; and
3. That is release will not be incompatible with welfare of society.
L. Rules after Grant of Parole
After the grant of Parole there are several rule a probationer needs to follow
or observe until his release form Parole, such as:
1. Transfer of Residence. – A parolee may not transfer from one place of
residence designated in his release Document without the prior written
approval of the regional Director subject to confirmation of the Board.
2. Outside Travel. – The Chief Probation and Parole Officer may
authorize a parolee to travel outside his area of operational jurisdiction for
a period of not more than 30 days. A travel for more than 30 days shall be
approved by Regional Director.
3. Travel Abroad and/or Work Abroad. – Any parolee under active
supervision/surveillance who has no pending criminal case in any court
may apply for overseas work or to travel abroad. However, such
application for travel abroad shall be approved by the PPA Administrator
and confirmed by the Board.
4. Death of the Parolee. – If a parolee dies during parole supervision, the
PPO shall immediately transmit a certificate true copy of the parolee’s
death certificate to the Board recommending the closing of the case.
Note: Absence of the death certificate of the parolee, an affidavit narrating the
circumstances of the fact of the death from the barangay chairman or any
authorized officer or any immediate relative where the parolee resided, shall
suffice.
M. Arrest of Parolee
Any infraction by a client of the terms and conditions appearing in his release
document or any serious deviation or non-observance of the obligations set in
the parole supervision program shall immediately reported by his Parole and
Probation Officer to the Board.
Upon receipt of an infraction report, the Board shall immediately order the arrest
of the client of the Parole and shall be made to serve the remaining unexpired
portion of the maximum sentence for which he was originally committed to
prison.
N. Termination of Parole Supervision
After the expiration of the maximum period of the sentence of a client provided
he does not commit any infraction and the Board may, upon the recommendation
of the Parole and Probation Officer, issue a certificate of Final Release and
Discharge to a Parole.
LESSON 5. PAROLE AND PROBATION ADMINISTRATION
The Parole and Probation Administration was created by virtue of Presidential Decree
No. 968, “The Probation Law of 1976,” to administer the probation system. Under
Executive Order No. 292, “The Administrative Code of 1987” which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole and Probation
Administration” and given the added function of supervising prisoners who, after serving
part of their sentence in jails are released on parole pardon with parole conditions.
1. Vision
A model component of the Philippine Correctional System that shall enhance the quality
of life of its clients through multi-disciplinary programs and resources, an efficient
organization, and a highly professional and committed work force in order to promote
social justice and development.
2. Mission
To rehabilitate probationers, parolees and pardonees and promote their development as
integral persons by utilizing innovative interventions and techniques which respect the
dignity of man and recognize his divine destiny.
3. Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem
convicted offenders and prisoners who are under probation or parole system.
A. Goals and Functions of the PPA
The Administration’s programs sets to achieve the following goals:
1. Promote the reformation of criminal offenders and reduce the incidence
of recidivism; and
2. Provide a cheaper alternative to the institutional confinement of firsttime offenders who are likely to respond to individualized, communitybased treatment programs.
To carry out these goals, the agency through its network of regional and field
parole and probation officers performs the following functions:
1. To administer the parole and probation system;
2. To exercise supervision over parolees, pardonees and probationers;
and
3. To promote the correction and rehabilitation of criminal offenders.
B. Core Values
The PPA has the following Core Objectives, such as:
1. Performance
Efficient and effective accomplishment of task and targets, beginning with
individual officials and employees and throughout all units in the
organizational hierarchy, linked coherently and progressively toward the
Agency Mission, Vision and strategic goals.
Teamwork – Working together to achieve shared goals.
Resourcefulness and Innovativeness – Exploring resources with ingenuity,
optimizing opportunities with creativity.
2. Professionalism
High level of proficiency on the job resulting from mastery and
conscientious application of appropriate knowledge and skills, honed by
sound judgment, self-discipline and unceasingly striving for excellence,
and founded on a code of conduct that respects the dignity of clients and
fellowmen.
Role Modeling – Serving and inspiring by example.
Professional Excellence – Achieving high standards for ethical and quality
service.
3. Accountability
Inherent obligation of every official and employee to answer for decisions,
actions and results within his/her authority, including proper and effective
utilization of resources in support of Agency policies and programs, with
timely, compete and accurate disclosure in required reports.
Responsibility – Achieving expectations, answering for results.
Honesty and Integrity – Being upright and transparent in transactions and
relations.
C. Service Objectives
The PPA has the following service objectives, such as:
1. To provide the court with relevant information and judicious
recommendation for the selection of offenders to be placed on probation;
2. To provide the Board of Pardons and Parole with necessary and
relevant information which can be used in determining a prisoner’s fitness
for parole or any form of executive clemency;
3. To provide the Dangerous Drugs Board with pertinent information and
prudent recommendations for the determination of first-time minor drug
offenders to be placed on suspended sentence;
4. To effect the rehabilitation and integration of the probationers, parolees,
pardonees and first-time minor drug offenders as productive, law-abiding
and socially responsible members of the community;
5. To prevent recidivism and protect the community through a wellplanned supervision of probationers, parollees, and first-time minor drug
offenders;
6. To make use of innovative, and financially and technically feasible
projects to uplift the moral, spiritual, and economic condition of
probationers, parolees, pardonees, and first-time minor drug offenders by
utilizing available community resources as much as possible;
7. To continuously asses and improve professional performance in postsentence, pre-parole/executive clemency, and suspended sentence
investigation, case management, and other related works;
8. To periodically review the Probation Law and its implementing rules so
as to reconcile the same with the evolving realities in the field; and
9. To assiduously observe and uphold the professional ethics in the
delivery of services.
D. Administrative Objectives
The PPA has the following administrative objectives, such as:
1. To optimize operations through the following:
a. Maximum functioning of existing units according to their
respective duties;
b. Systematic expansion of services, according to the demands of
probation work and available resources; and
c. Judicious utilization of limited agency resources so as to obtain
desired results in the best manner possible with the least
expenditures of time, efforts and money.
2. To achieve a united approach to Agency goals through integrated
planning and constant coordination among all units;
3. To develop a more efficient an up-to-date system for the collection,
collation and analysis of data relative to probation, parole and suspended
sentence case loads, and their management;
4. To recruit qualified employees and volunteer aides, and to promote their
continuing professional development;
5. To continuously improve staff and line service through adequate
personnel supervision, relevant research, and periodic evaluation;
6. To generate greater public and inter-agency support for probation
through an integrated and systematic public information programs;
7. To actively participate in government’s jail decongestion program, and
in this connection, to give priority to detention prisoners in our public
information drives; and
8. To cooperate and coordinate with other agencies of the government in
the accomplishment of national program thrusts.
E. Restorative Justice
It is a Philosophy and a process whereby stakeholders in a specific offense
resolve collectively how to deal with the aftermath of the offense and its
implications for the future. It is a victim-centered response to crime that
provides opportunity for those directly affected by the crime – the victim, the
offender, their families and the community – to be directly involved in
responding to the harm caused by the crime. Its ultimate objective is to
restore the broken relationship among stakeholders.
The Restorative Justice process provides a healing opportunity for affected
parties to facilitate the recovery of the concerned parties and allow them to
move-on with their lives.
According to John Braithwaite, restorative justice is a process where all
stakeholders by an injustice have an opportunity to discuss how they have
been affected by the injustice and to decide what should be done to repair the
harm. With crime, restorative justice is about the idea that because crime
hurts, justice should heal. It follows that conversion with those who have been
hurt and with those who have inflicted the harm must be central to the
process.
LESSON 6. PARDON
A. Concept of Pardon
Pardon is a form of Executive Clemency which is exercised by the Chief
Executive. It is an act of grace and the recipient of Pardon is entitled to it is as
a matter of right. The exercise of pardon is vested in the executive, is
discretionary and is not subject to review or judicial notice by the court.
Neither does the Legislative Branch of Government have the right to establish
condition nor provide procedures for the exercise of the same. Hence, it is
vulnerable for abuse by the executive.
Pardon begun from the Pre-Christian Era. In fact the Holy Bible contains an
illusion where a criminal was released and pardoned by the King at the time
Christ was crucified. The exercise of pardoning power has always been
vested in the hands of executive branch of the government whether a king,
queen, president or governor.
In England, pardon developed out of the conflict between the King and the
Nobles who threatened his power. Pardon was applied to members of the
Royal family who committed crimes, and occasionally to those convicted of
offenses against the Royal Power. It was the general view that the pardoning
power was the exclusive prerogative of the King.
In the United States, pardon among early American colonies was a carry-over
of English practice. The Pardoning power was exercised by the Royal
Governor through the power delegated by the King. After the declaration of
independence, the Federal and State Constitutions vested the pardoning
power on the President of the United States and the Governors in Federal
and State cases respectively.
B. Two Kinds of Pardon
There are two kinds of Pardon such as:
1. 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 the penalty imposed for
the particular offense of which he was convicted.
2. Conditional Pardon – It refers to the exemption of an individual, within
certain limit s or conditions, from the punishment which the law inflicts for
the offense he has committed resulting in the partial extinction of his
criminal liability
C. Purposes of Pardon
Pardon has the following purposes, such as:
a. To do away with the miscarriage of justice;
b. To keep punishment abreast with the current philosophy concept or
practice of criminal justice administration; and
c. To restore full political and civil rights of persons who have already
served their sentence and have waited the prescribed period.
D. Legal Effects of Pardon
The legal effect of pardon is to restore not only the convict’s liberty but also
his civil and political rights. However, in the case of Monsanto vs. Factoran
(170 SCRA 190), the Supreme Court declares that “Pardon does not ipso
facto restore a convicted felon to public office necessarily relinquished or
forfeited by reason of the conviction although such pardon undoubtedly
restores his eligibility for appointment for that office.”
E. Revocation of Conditional Pardon by the Chief Executive is not
reviewable by the Court.
The determination of violation of conditional pardon rest exclusively in the
sound judgment of the Chief Executive and the Courts will not interfere by
way of review with any of its findings (Espuelas vs. Provincial Warden of
Bohol, 108 Phil. 353).
F. Limitations on the Pardoning Power of the State
The grant of pardon has the following limitations, such as:
1. Pardon cannot be extended to cases of impeachment;
2. No pardon, parole or suspension of sentence for the violation of any
election law may be granted without favorable recommendation of the
commission on elections;
3. Pardon is exercised only after conviction; and
4. Pardon must yield to the Doctrine of Separation of Powers. A pardon
cannot be extended to a person convicted of legislative contempt.
G. Requisites of Conditional and Absolute Pardon
1. For Conditional Pardon
a. The petitioner must at least served one-half (½) of the minimum of his
indeterminate sentence of the following portions of his prison sentence;
b. At least two (2) years of the minimum sentence if convicted of murder
or parricide but not sentenced to Reclusion Perpetua;
c. At least one (1) year of the minimum sentence if convicted of homicide;
d. At least nine (9) months if convicted of frustrated homicide; and
e. At least six (6) months if convicted of frustrated homicide.
2. For Absolute Pardon
a. Ten (10) years must have been elapsed from the date of release of the
petitioner from confinement; or
b. Five (5) years from the date of expiration of his maximum sentence,
whichever is more beneficial to him.
Exception: However, the board may consider a petition for absolute pardon
even the lapse of the aforementioned periods in special cases such as:
a. When the petitioner is seeking reinstatement in the government service;
b. When the petitioner needs medical treatment which is not available locally;
c. When petitioner will take a Government or Bar Examination;
d. When Petitioner is emigrating;
H. Who will conduct the Conduct and Activities of the Petitioner for
Absolute Pardon?
Upon receipt of the petition for the grant of Absolute Pardon, the Board shall
refer the petition for absolute pardon to a Probation Officer and the same will
investigate the conduct, activities as well as the social and economic
conditions of the petitioner prior to his conviction and since release from
prison.
I. Difference between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the Chief
Executive, while amnesty is a blanket pardon granted to a group of prisoners,
generally political prisoners. Pardon is exercised when the person is already
convicted while amnesty may be given before trial or investigation is made.
LESSON 7. INDETERMINATE SENTENCE LAW (ISLAW)
The basic mandate of the Indeterminate Sentence Law is the imposition of an
indeterminate sentence which is comprised by a Minimum term and a Maximum term.
The court instead of imposing a “straight” penalty, the court must determine two
penalties. It is indeterminate in the sense that after serving the Minimum, the convict
may be release on parole, or if he is not fitted for release he shall continue serving his
sentence until the end of the maximum.
Indeterminate Sentence is a sentence with a minimum and a maximum term benefit of a
guilty person, who is not disqualified therefore, when the maximum penalty of
imprisonment exceeds one year. It applies to both violations of the Revised Penal Code
(RPC) and Special Penal Law (SPL).
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. As
a rule, it is intended to favor the accused particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental, and moral record
as a prisoner to be determined by the Board of Intermediate Sentence (People vs.
Onate, 78 SCRA 43).
Penalties shall not be standardized but fitted as far as is possible to the individual, with
due regard to the imperative necessity of protecting the social order (People vs.
Ducusin, 59 Phil. 109).
A. Coverage of Application
As general rule, “all person convicted of any crime under Philippine Courts
regardless whether it is in violation of RPC or SPL, are qualified for the
application of Indeterminate Sentence Law.” Except, to those persons
specifically disqualified by law.
B. Applications of ISLAW
1. Violation of Revised Penal Code
In case of violations of Revised Penal Code, the court shall sentence the
accused to an Indeterminate Sentence, the Maximum Term of which shall
be that which, in view of the attending circumstances, could be properly
imposed under the Code, and the Minimum Term which shall be within the
range of the penalty next lower in degree to that prescribed by the code
for the offense.
The maximum is the penalty imposed as provided by law, depending upon
the attending circumstances. The minimum is one degree next lower to
the penalty prescribed for the offense. The latter is determined without
considering the attending circumstances to the penalty prescribed, and is
left to the discretion of the court.
Example: Homicide with one mitigating circumstance. - The maximum
penalty prescribed by law is Reclusion temporal. Since there is
one mitigating and no aggravating it will be in the minimum or reclusion
temporal minimum period. On the other hand, the minimum is one degree
next lower to reclusion temporal without considering the mitigating
circumstance and that will be prision mayor. The range of prision mayor
will depend upon the discretion of the court. Therefore, the indeterminate
penalty is a minimum of prision mayor (within the range fixed by the court)
to a maximum of reclusion temporal minimum period.
Illustrations:
Derive Maximum term imposable by applying rules for aggravating
circumstances (AC) and ordinary mitigating circumstances (MC) under
Article 64 and for complex crimes under Article 48.
For example in Crimes with:
a. No aggravating circumstance or mitigating circumstance, the
penalty prescribed is medium period;
b. One aggravating circumstance and no mitigating circumstance,
the penalty prescribed is maximum period;
c. No aggravating circumstances and one mitigating circumstances,
the penalty prescribed is minimum period;
d.
Several
aggravating
circumstances
and
mitigating
circumstances; offset them then apply the rule on remainder;
e. No aggravating circumstances with two or more mitigating
circumstances, the penalty prescribed is the penalty next lower in
degree; and
f. If complex crime (two or more grave or less grave felonies or one
offense is a necessary means for committing the other), the penalty
prescribed would be the, penalty for the most serious crime in it
maximum period.
Derive minimum term by getting the penalty one degree lower than the
penalty prescribed by the RPC, without regard to its three periods. The
court has discretion to fix as the minimum term any period of
imprisonment within that penalty next lower to the penalty prescribed.
Exception:
When there is a privilege mitigating circumstance. Do not follow the
aforementioned rule. Consider the privilege mitigating first before any
aggravating or mitigating circumstance to get the penalty prescribed and
then proceed as required by the rule on deriving term. Otherwise, the
maximum of the ISLAW will end up being lower than the minimum of the
ISLAW.
2. Violation of Special Penal Law
The court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law
and
the minimum shall
not
be
less
than
the
minimum
term prescribed by the same. (Q11, 1994 Bar)
Example: Penalty is one year to 5 years. Indeterminate sentence may be
one year to 3 years or 3 years to 5 years.
C. Disqualified Person under ISLAW
1. Convicted of offenses punished with death or life imprisonment. (Q12,
1990 Bar)
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.
3. Those who shall have escaped from confinement or evaded sentence.
4. Those who having been granted conditional pardon by the President shall
have violated the terms thereof.
5. Those whose maximum period of imprisonment does not exceed one
year. (Q8, 1999 Bar)
6. Those already serving final judgment upon the approval of this Act
(December 5, 1933).
7. Those sentenced to the penalty of destierro or suspension. (Q12, 1999
Bar)
D. Who will fix the Minimum Sentence?
In determining the minimum penalty, the law obligates the courts to fix the
penalties with the widest discretion that the courts have ever had. The
determination of the minimum term is left entirely within the discretion of the
court to fix anywhere within the range of the penalty next lower without
reference to the periods into which it may be subdivided. This obviously
applies only for offenses under the Revised Penal Code.
Note: Any person who shall have served the minimum penalty imposed on
him, the Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted thereunder, authorize the
release of such prisoner of Parole. If during the period of surveillance, such
parolee shall show himself to be a law-abiding citizens and shall not violate
any of the laws of the Philippines, the Board shall issue a final certificate of
release in his favor. Whenever any prisoner released on parole shall, during
the period of surveillance, violate any of the conditions of his parole, the
Board may issue an order for his re-arrest and shall serve the remaining
unexpired portion of the maximum sentence.
The application of the Indeterminate Sentence Law is Mandatory if the
imprisonment would exceed one year. It would be favorable to the accused.
(People v. Judge German Lee, Jr., G.R. No. L-66859. September 12,
1984)
LESSON 8. THE FUTURE OF CORRECTIONS
A. The Necessity of Collaboration with the Community
To ensure public safety is the desired outcome of the criminal justice system’s
intervention in rehabilitating offenders. For this reason, criminal justice
practitioners must find and must continuously develop the most effective ways in
which this goal may be achieved.
Collaboration with institutional partners is also critically important, working with
correctional officers and institutional case managers to prepare an offender for
reentry into the community. The issues facing offenders upon release are
numerous and often confounding – lack of housing, drug addiction, limited
employment options, limited education. To succeed, these needs must be
considered and a plan put in place before the offender is released. Such barriers
to successful reintegration must be addressed through partnerships with other
practitioners, service providers, and community agencies.
B. Concept of Collaborative Justice with the Community and other Service
Providers
Community corrections professional cannot possibly, and should not expect to,
address the complex needs of offenders independently. Other professionals must
be involved to provide valuable information, resources, and perspectives that will
help the offender to succeed in the community.
Collaboration goes beyond sharing of resources and exchanging information;
collaboration requires that community corrections officers, court officials, and
community partners work closely with each to achieve outcomes that would not
be possible without the collaboration. Working with other criminal justice
professionals and community partners can result in supervision plans that
address offenders’ needs more effectively, resulting in lower court caseloads and
reduce violations and crime rate within the community.
It is also true collaboration with public, private, and community-based service
providers that community corrections can promote safer communities.
C. Challenges of Collaborative Justice
The successful implementation of a collaborative justice approach often faces
many challenges, including:
3. The adversarial nature of the legal system;
4. The competition for scarce resources;
5. The potential pressure faces by elected officials;
6. The creation or existence of agencies that have overlapping,
duplicative responsibilities; and
7. The creation or existence of agencies that have missions that are
incongruous.
D. Programs and services for Community-Based Corrections
In 1964, the International Community Corrections Association (formerly known as
the International Halfway House Association and, later, in 1989 as the
International Association of Residential and Community Alternatives) held out
first meeting in Chicago, with 30 people in attendance. Today, after more than 45
years, the ICCA represents more than 250 private agencies operating over 1,500
residential and community alternative programs, in addition to 1,000 individual
members nationally and abroad. Its members offer a variety of programs and
services which include:
1. Community-based Corrections Centers;
2. Community Corrections Programs;
3. Educational/Vocational Services;
4. Drug Testing and Treatment;
5. Tutoring Services;
7. Day Reporting Treatment;
8. Crisis Intervention;
9. Family/Individual Counseling;
10. Victims Services;
11. Community Service Supervision;
12. Bail Supervision;
13. Home Detention/Electronic Monitoring;
14. Neighborhood Outreach;
15. Aftercare; and
16. Transitional Housing.
INITIAL ACTIVITY
Instructions:
a. Read and analyze the whole lecture;
b. Summarize the Lesson in three (3) pages long bond paper to be integrated in
the final set of activities provided in this course;
c. The summary of the lesson should be based on the sequence of the topics
provided in this course; and
d. Anyone who will not follow the sequence of presentation will get deductions in
every topic missed.
Note: No sharing of outputs. If ever that I notice some similarities in your outputs I
automatically let you repeat the whole module with different format or I will just give you
failing grades. Do not always think that we are prevented from giving a failing grades
this time of pandemic because I will not heed to that rules if you give me a reasonable
reason to fail you. Because, last semester I have noticed lots of cheatings in your
modules, so if you tend to do it again this time then it’s up to you do not fear to give a
hanging grades.
REFERENCES:
1. Guerrero, B.B. 2018. Community-Based Correction in the Philippines.
Wiseman’s Books Trading, Inc. 18-B Congressional Avenue Cor. Visayas
Avenue Project 6, Quezon City.
2. Foronda, M.A. 2014. Correctional Administration 1 (Non-Institutional Based
Corrections). 18-B Congressional Avenue Cor. Visayas Avenue Project 6,
Quezon City.
3. Tangcangco,
D.L. and Senar, A.L. 2013. Philippine Correctional
Administration. Unit 302, 3rd Floor, DM Building #32 Visayas Ave, Corner
Congressional Ave. Project 6, Quezon City. Philippines.