LESSON NUMBER 1

The Philippine Correctional Setting

Correction is the branch of the administration of CJS charged with the
responsibility for the custody, supervision and rehabilitation of convicted offenders. It
is also define as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and reformation of criminals.

Further, it is define as a GENERIC TERM that includes all government

agencies, facilities, programs, procedures, personnel, and techniques concerned
with the investigation, intake, custody, confinement, supervision, or
treatment of alleged offenders.

Non-institutional corrections are community-based corrections programs

that help in the reintegration of offenders. It is an effective method of accomplishing
the changes in the behaviour of the offender by helping him to become a law abiding
citizen (Esmeralda, 2015).

Entities of the Government Providing Community-based Correction

Correction is the fourth pillar of the PCJS, and identified as the weakest pillar.
As a field of criminal justice administration, it utilizes the body of knowledge and
practices of the government and the society in general involving the process of
handling individuals who have been convicted of offenses for purposes of crime
prevention and control.

Among the five pillars of the criminal justice system, corrections is the least
heard, known or understood society seems to have some reluctance to look at it
although its role in the reformation and rehabilitation of offenders cannot be
overemphasized. Furthermore, jail administration and control in our
country is distributed to at least, four agencies:

1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has

supervision over the national penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the
DILG; which has the exclusive control over all city, municipal and district Jails
nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control
their respective provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD),
which takes care of, among others, youthful offenders entered in detention centers
for juveniles, aside from these,

Other agencies under this pillar are the:

1. The Parole and Probation Administration (PPA) under the Department of Justice
(DOJ); and
2. The Board of Pardons and Parole also under the Department of Justice.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and
others.
2. The PROTECTION of law-abiding members of society by keeping convicted
offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for their
eventual reintegration to the mainstream of society and helping them lead a normal
life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of isolation and
denial of liberty will influence inmates and potential offenders to lead a life not in
conflict or afoul with the law.
Main goals of Corrections
The historical changes in sentencing and corrections policies and practices can be
characterized, in part, by the emphasis on different goals. Four major goals are
usually attributed to the sentencing process: retribution, rehabilitation, deterrence,
incapacitation, and restoration. Non-institutional treatment in the community as
opposed to institutional treatment
focuses on modern community correctional programs of rehabilitation, to the
exclusion of punishment, deterrence, and incapacitation of criminal offenders.

Goals of a Community – based Corrections

A. Easing Institutional Crowding and Cost
Two things are abundantly clear. First, building jails and prisons is a costly endeavor.
Second, there are legal limits that define how many prisoners a single correctional
institution can hold. Correctional institutions that exceed their capacity may incur civil
lawsuits and fines. Therefore, one goal of community corrections programs is to
ease institutional crowding in jails and prisons by drawing from the population of
convicted offenders who are predicted to be less risky to the outside community.
Given that there are far fewer beds available than the number of people arrested,
community corrections programs control crowding by separating out the people who
need
to be in jail from the people who pose less risk Another way of controlling prison
populations historically has been to allow prisoners who have served the minimum
amount of time on their sentence the opportunity for early release on parole. Parole
is the privileged and discretionary release from prison on community supervision
until the remaining time on one’s sentence has expired. Parole has thus been used
to make room for incoming prisoners.
B. Surveillance
Safety of the public is an important concern for any offender supervision program. To
maintain public safety, offenders under supervision should be assessed to determine
the degree of risk posed by their participation in community programs. Offenders
who pose a serious danger to society or to themselves should not be in a community
corrections program. Instead, these offenders should be incarcerated in jail or prison
until they are no longer dangerous to themselves or others. For those on community
supervision, compliance with court-ordered sanctions is carefully monitored by
trained community officers. Finally, violations of supervised conditions are taken
seriously for those who cannot or will not comply with the conditions.
C. Addressing Problems Related to Criminal Behavior
Correcting some of the problems that are directly linked to criminal behavior and
continued involvement in the criminal justice system is another goal. Some of these
problems include drug or alcohol addiction, lack of emotional
control, inadequate education or vocational training, parenting problems, and mental
illness or developmental disability (Alarid & Reichel, 2008). The offender attends
classes to address these issues while on supervision with greater access to
treatment programs than the individual would have had in jail or prison. The basis of
effective rehabilitation is the use of cognitive-behavioral techniques and selecting
offenders who have the desire to change.
D. Community Re-entry
Community reintegration is an important goal for offenders released from jail or
prison to gradually ease their re-entry into society. Community-based correctional
programs help in this endeavor with a minimal level of supervision while
simultaneously allowing the offender to assume responsibilities and parental roles. In
this way, getting released from prison is not such a culture shock, and this will
hopefully decrease the probability of recidivism.
E. Restorative Justice
Restorative justice assumes that a crime harms the community and that sometimes
there are individual victims involved. Often, victims of property crimes just want to be
paid back or have things restored to their former condition— something that may not
be possible if the offender goes to jail or prison. Restorative justice emphasizes
offender responsibility to repair the injustice that offenders have caused their victims.
Through victim and community involvement, such as face-to-face mediation
sessions, victim impact panels, and volunteer mentoring, the offender remains in the
community, completes community service, and pays victim restitution. Restorative
justice is most effective for property crimes, particularly those committed by juveniles
or first-time adult felony offenders. Community-based programs are available at
three decision points in the criminal justice process: at pre-trial release before a
defendant is convicted, after an offender is sentenced as an alternative to
incarceration, and as an aid in re-entering the community following a prison
sentence. Within these decision points, a wide variety of community programs are
available, including residential halfway houses; non-residential options such as
probation, parole, and electronic monitoring; and economic sanctions such as
restitution, fines, and forfeitures ([Link]

Benefits of Community Corrections Programs

Community corrections programs offer some distinct advantages. The first is a

cost issue. Compared to jail and prison, most community programs cost less.
Offenders live at home, and in the small number of residential programs where the
offender lives at the facility, they help subsidize the cost of living. In addition,
offenders who remain in the community can continue financially supporting
themselves and their family through receiving wages and paying taxes. They are
also more likely than incarcerated offenders to compensate their victim through
restitution and to complete community service (Petersilia, 2001).

Second, community programs can ease jail and prison crowding by allowing
convicted offenders the chance to complete a drug program, boot camp, or other
corrections program, and are thus another form of cost savings.

A third aspect to community corrections is the flexibility of the programs in that they
can be used at many points in the criminal justice process. Community punishments
limit the freedoms of convicted offenders and mandate treatment. They can also be
used as a pre-trial release option and as a diversion to avoiding a conviction
altogether. Community supervision also aids in the re-entry process after a period of
incarceration.

Finally, community corrections programs, according to (Alarid et al., 2008), avoid

exposing offenders to jail and prison conditions that may be unsafe and at times
even violent. Some people might be helped more in other ways. For example,
community sentences can be beneficial for those needing medical attention, such as
terminally ill, physically disabled, or elderly offenders, who may be better suited for a
sentence within their own residence. Other offenders such as developmentally
disabled or mentally ill individuals experience higher rates of victimization in prison
and may be appropriately placed and treated elsewhere. An institutional environment
is not for everyone,
and may cause more harm than good.

Current Issues and Evaluation of Effectiveness of Community-based

Correction

Perhaps the most prominent advantage of community corrections can also be

its greatest disadvantage. As previously mentioned, drug programs and boot camps
might ease crowding by placing prison-bound offenders in a program that allows
them the chance to avoid incarceration, but such programs might also be filled with
offenders who actually should have received a less severe sentence. This is a
situation known as net widening, and it happens when judges and prosecutors fill the
program spaces with offenders who do not necessarily require such a high level of
care or intervention rather than the ones the program was actually designed for. Not
only are prison-bound offenders not getting their chance to be placed in appropriate
programs and have access to services, but the cost of punishment actually
increases. Officials often feel they must maximize program capacity because it is
there (Alarid et al., 2008).

Another disadvantage is that public safety may be compromised. Offenders are

more easily able to continue criminal behavior than if they were
confined in jail or prison. With funding going to jails and prisons, resources have not
kept pace with community corrections growth. With resources spread so thinly,
officers now supervise more offenders and are able to spend
less time on each person. Technology is slowly replacing human supervision.
However, even when home confinement is combined with electronic monitoring
technology, authorities cannot be completely assured that offenders will refrain from
criminal activity. For example, being that home confinement programs allow
offenders to leave their residences for activities such as work and shopping, it is
possible that crimes can be committed even when offenders are legitimately away
from home. According to Bahn & Davis, 1998, Many community supervision
programs are disconnected from the various treatment services that exist to address
the multitude of problems

offenders face. This becomes a disadvantage to an offender’s success when

treatment attendance is lacking because of transportation problems and inability to
miss work. Programs like day reporting centers that comprehensively address drug
abuse, job training, employment, physical or sexual victimization, parenting
education, and anger management all in one location tend to have higher completion
rates ([Link] According to Marion (2002),
Community-based alternatives to prison claim to be more effective in reducing
recidivism than traditional prisons, to be cheaper than prisons, and to reduce
overcrowding in prisons and jails. This study uses a case study approach of a
community-based program in the Midwest United States to determine if those
community corrections alternatives achieve those results. The findings from this case
study show that the recidivism rates of community corrections are lower than those
of the prison inmates only in some cases and that the costs are cheaper only in
some cases. It also shows that community corrections serve as a true
alternative to prison in some instances but more often only widens the net and
increases the state's control over criminal offenders.

DECONGESTION OF JAILS

There are several laws, decrees and circulars which we implement to decongest our
jails. But before we discuss these, allow me to show you how congested our jails are
as far as the National Capital Region is concerned. Jail congestion is not a recent
phenomenon, nor is it confined in the Philippines alone. Jail congestion is
WORLDWIDE. Some industrialized countries like the United States, experience it, let
me cite a few examples: Rikkers Island in New York is actually an island prison
facility. It is overcrowded. To cushion the effect of congestion, two floating
dormitories were constructed to confine offenders therein; in 1995 or four years
ago. Director General Keith Hamburger of the Queensland services commission of
Australia reported that congestion is also a problem in his country. In January of
1994, in Manila, Ronald W. Nikkel, president of prison fellowship international who
had toured some of the jails in the National Capital Region (NCR) and the New Biliid
Prisons of the Bureau of Corrections in Municipal City observed and commented that
in the 41 countries of the world he had travelled, most have a problem on
congestion. He added that this problem is PREVALENT IN THIRD WORLD
COUNTRIES.

In our country, jail congestion, particularly in big cities and municipalities, has been a
PERENNIAL PROBLEM ever since. This problem, to borrow a parallelism, is a
sleeping giant. Unfortunately, for jail administrators and personnel, the giant has
taken up and is stretching its enormous arms and legs. OPLAN DECONGESTION
must be put in place to lay this giant back to sleep.

OPLAN DECONGESTION was formalized through the execution of a

memorandum of agreement on February 12, 1993. Among the public attorney’s
office, the parole and probation administration, the Board of Pardons and
Parole which are all under the Department of Justice, and the

Bureau of Jail Management and Penology which is under the Department of the
Interior and Local Government. The avowed PURPOSE of said agreement (MOA)
was jail decongestion through collective and cooperative efforts. Realizing that
all helps available must be harnessed to effectively combat overcrowding or
congestion in jails, the said memorandum of agreement was EXPANDED on
August 17, 1993 with the inclusion of the National Prosecution Service or
(NAPROS) as the fifth party thereto. True to its form, the MOA spreads up its intent
through seminars. These offered opportunities to officials and personnel of the
tasked agencies to familiarize themselves with the mechanics of the agreement, as
well as to offer avenue to discuss various aspects of how jails are to be
decongested.

LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

1. Presidential Decree No. 603, known as the child and young welfare code,
suspends sentence of minor offenders whose ages range from nine (9) years to
under eighteen (18) years and place them in rehabilitation centers under the
supervision of the Department of Social Welfare and Development before they are
released to the custody of their parents or to any responsible person.
2. Batas Pambansa Bilang 85, authorizes the release of a detainee who has
undergone preventive imprisonment equivalent to the maximum imposable sentence
for the offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in meritorious cases, the
commutation of the prisoner’s sentence through presidential action shall be upon the
recommendation of the court which imposed the same; and ARTICLE 97, which
provides that a prisoner shall be entitled to a deduction from his prison term for good
conduct; and
4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge
of local jails to effect the immediate transfer of national prisoners to the Bureau of
corrections.
5. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4,
2002) -1st time minor offender (probation) for use 2 possession only./deport
6. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)
7. Republic Act No. 6036, known as the release on recognizance law, provides for
the release of offenders charged with an offense whose penalty is not more than six
(6) months and/or a fine of Two Thousand pesos (2,000) or both, to the custody of a
responsible person in the community, instead of a bail bond;
8. Republic Act No. 6127, fully deducts the period of the offenders’ preventive
detention from the sentence imposed by the courts;
9. Republic Act No. 4103, as amended, creating the Board of Pardons and Parole
tasked to look into the physical, mental and moral record of prisoners to determine
who shall be eligible for parole or conditional pardon.
[Link] Decree No. 968 July 24, 1976 is the Philippine Probation Law of
1976. Probation is, of course, a very important legal instrument that contributes to
the decongestion of Philippine jails.

Non-Institutional Correction or Community-Based Approach

- It refers to correctional activities that may take place within the community or the
method of correcting sentenced offenders without having to go to prison.
- Not all convicted offenders have to serve their sentence behind bars. Some of
them are allowed to stay in the community, subject to the conditions imposed by the
court.
- They are either granted probation, parole, conditional pardon or recognizance. The
parole and probation Administration under the Department of Justice is the
government agency that supervises the activities of the probationer, parolee and
pardonee and monitors his compliance with conditions imposed.

What is a Community correction?

It is a sanction in which offenders serve some or all their sentence in
the community. It is sometimes referred to as non-institutional corrections.
The subfield of corrections in which offenders are supervised and provided
services outside jail or prison.

DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL

CORRECTION

Institutional Non-Institutional

That aspect of the correctional That aspect of the correctional

enterprise that involves the enterprise that includes pardon,
incarceration and rehabilitation of adults probation, and parole activities,
and juveniles convicted of offenses correctional administration not
against the law, and the confinement of directly connectable to institutions,
persons suspected of a crime awaiting and miscellaneous (activity) not
trial and adjudication. directly related to institutional care.

COMMUNITY-BASED CORRECTION PROGRAMS IN THE PHILIPPINES

The Community-Based Treatment Programs are those programs that are intended to
treat criminal offenders within the free community as alternatives to confinement. It
includes all correctional activities directly addressed to the offender and aimed at
helping him to become a law-abiding citizen. Community-based correction programs
began in the 1970s, 1980s, and 1990s. The programs offer an alternative to
incarceration within the prison system. Many criminologists believed a significant
number of offenders did not need incarceration in high security prison cells. Some
inmates, who might otherwise have been ready to turn away from a life of crime,
instead became like the hardened criminals they associated with in prison. In
response, states, counties, and cities established local correctional facilities and
programs that became known as community-based corrections. These facilities,
located in neighborhoods, allowed offenders normal family relationships and
friendships as well as rehabilitation services such as counseling, instruction in basic
living skills, how to apply for jobs, and work training and placement.

ADVANTAGES OF COMMUNITY-BASED CORRECTION

1. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family.

2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made
and be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be
eliminated which is extremely beneficial on the part of the government.

THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE

SYSTEM
Community sentence seeks to repair the harm the offender has caused the victim
or the Community, provide for public safety and rehabilitate and promote effective
reintegration. A community correction has traditionally emphasized
REHABILITATION as its goal. The staff of community correctional programs has two
potentially competing roles that reflect different goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-

BASED TREATMENT PROGRAMS
The following are the basic principles underlying the philosophy of community-based
treatment programs:
1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person
to custodial coercion is to place him in physical jeopardy, thus drastically narrowing
his access to sources of personal satisfaction and reducing his self-esteem.
2. Restorative Aspect - There are measures expected to be achieved by the
offender, such as an establishment of a position in the community in which he does
not violate the laws. These measures may be directed at changing and controlling
the offender. The failure of the offender to achieve these can result to recidivism.
3. Managerial Aspect - Managerial skills are special importance because of the
sharp contrast between the per capital cost of custody and any kind of community
program. It is easier to manage those undergoing community based treatment
programs than that of custodial control.

SUBJECT COVERAGE
1. Probation - One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from incarceration. A
term coined by John Augustus, from the Latin verb “probare”- to prove, to test. It is a
disposition under which a defendant after conviction of an offense, the penalty of
which does not exceed 6 years of imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
Furthermore, it is define as a sentence

in which the offender, rather than being incarcerated, is retained in the community
under the supervision of a probation agency and required to abide by certain rules
and conditions to avoid incarceration.
2. Diversion – For juvenile offender or CICL
3. Restitution - In recent years it has become increasingly common for jurisdictions
to include restitution orders as part of probation. Money paid or services provided to
victims, their survivors, or to the community by a convicted offender to make up for
the injury inflicted.
4. Halfway houses - Community-based residential facilities that are less secure and
restrictive than prison or jail but provide a more controlled environment than other
community correctional programs.

Goal of Halfway House: The goal of halfway houses is to provide offenders with a
temporary period of highly structured and supportive living so that they will be better
prepared to function independently in the community upon discharge.
What is home Confinement? It is a program that requires offenders to remain in
their homes except for approved periods of absence; commonly used in combination
with electronic monitoring. Home confinement is also known as home incarceration,
home detention, and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after having
serve the minimum of his sentence without granting him pardon, and the prescribing
term upon which the sentence shall be suspended.
2. Executive Clemency It shall refer to Absolute Pardon, Conditional Pardon with or
without Parole conditions and Commutation of Sentence as may be granted by the
President of the Philippines upon the recommendation of the Board of Pardon and
Parole.
a. Pardon It is a form of executive clemency granted by the President of the
Philippines as a privilege to a convict as a discretionary act of grace. It is an act of
grace is extended to prisoners as a matter of right, vested to the Chief Executive
(The President) as a matter of power. Neither the legislative nor the judiciary branch
of the government has the power to set conditions or establish procedures for the
exercise of this Presidential prerogative. The following are the two types of pardon:
1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.
Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president the
incumbent has deposed. Absolute Pardon is granted in order to restore full political
and civil rights to convicted persons who have already served their sentenced and
have reached the prescribed period for the grant of Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of an individual, within certain
limits or conditions; from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability. It is also granted
by the President of the Philippines to release an inmate who has been reformed but
is not eligible to be released on parole.
b. Amnesty - A general pardon extended to a group of persons, such a political
offenders purposely to bring about the return of dissidents to their home and to
restore peace and order in the community.
c. Commutation of Sentence - An act of the president changing/reducing a heavier
sentence to a lighter one or a longer term into a shorter term. It may alter death
sentence to life sentence or life sentence to a term of years. It does not forgive the
offender but merely to reduce the penalty pronounce by the court.
d. Reprieve - A temporary stay of the execution of sentence especially the execution
of the death sentence. Generally, Reprieve is extended to prisoners sentenced to
death. The date of execution of sentenced is set back several days to enable the
Chief to study the petition of the condemned man for commutation of sentenced or
pardon.
 LESSON NUMBER 2

Executive Clemency It shall refer to Absolute Pardon, Conditional Pardon with

or without Parole conditions and Commutation of Sentence as may be granted by
the President of the Philippines upon the recommendation of the Board of Pardon
and Parole.
a. Pardon It is a form of executive clemency granted by the President of the
Philippines as a privilege to a convict as a discretionary act of grace. It is an act of
grace is extended to prisoners as a matter of right, vested to the Chief Executive
(The President) as a matter of power. Neither the legislative nor the judiciary branch
of the government has the power to set conditions or establish procedures for the
exercise of this Presidential prerogative. The following are the two types of pardon:
1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.

Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president the
incumbent has deposed. Absolute Pardon is granted in order to restore full political
and civil rights to convicted persons who have already served their sentenced and
have reached the prescribed period for the grant of Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of an individual, within certain
limits or conditions; from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability. It is also granted
by the President of the Philippines to release an inmate who has been reformed but
is not eligible to be released on parole.
b. Amnesty - A general pardon extended to a group of persons, such a political
offenders purposely to bring about the return of dissidents to their home and to
restore peace and order in the community.
c. Commutation of Sentence - An act of the president changing/reducing a heavier
sentence to a lighter one or a longer term into a shorter term. It may alter death
sentence to life sentence or life sentence to a term of years. It does not forgive the
offender but merely to reduce the penalty pronounce by the court.
d. Reprieve - A temporary stay of the execution of sentence especially the execution
of the death sentence. Generally, Reprieve is extended to prisoners sentenced to
death. The date of execution of sentenced is set back several days to enable the
Chief to study the petition of the condemned man for commutation of sentenced or
pardon.

It is an act of mercy or leniency from certain consequences of a

criminalconviction, and is exercised by the President after receipt of
arecommendation from the BPP.
 Executive Clemency under the criminal justice system is the act by an
executive member of government of extending mercy to a convicted individual.
In the United States, clemency is granted by a governor for state crimes and by a
president for federal crimes. Clemency can take one of four forms: a reprieve, a
commutation of sentence, a pardon and amnesty.
CONSTITUTIONAL BASIS:
1. ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, andpardons, and remit fines and
forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence
of a majority of all the Members of the Congress.
2. Section 5, Article IX (Constitutional Commissions-The Commission on
Elections)
No pardon, amnesty, parole, or suspension of sentence for violation of election rules,
and regulations shall be granted by the President without a favorable
recommendation of the Commission.
WHO WILL GRANT EXECUTIVE CLEMECY?
It is exercise by the President. Upon the recommendation of the Board of Pardons
and Parole, she/he can grant pardons, commute sentences, or defer the
implementation of sentences.
EXECUTIVE CLEMENCY BASICS
1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless there is
violation of the Constitution; and
3. Executive Clemency must often be requested by application or petition before it is
granted. In most jurisdictions, these applications first must be filed with a reviewing
agency such as the state board of pardon and parole before being seen by the
appropriate government head.
WHY IT IS EXTENDED?
In general, Executive Clemency is often extended for humanitarian reasons,
such as to an aged and ill inmate who needs specialized medical care. Inmates who
suffer from serious, contagious, or life threatening illness or disease and those
prisoners with severe disability can now be recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of
the Bureau of Corrections Hospital and likewise certified under oath by a physician
designated by the Department of Health (DOH). It is also extended in the following
instances:
- When there is real doubt about the guilt of the party.
- When the sentence given is Apparently excessive
- When the party is a political or personal friend of the President.
- To clear the record of some who has demonstrated rehabilitation or public service.
FACTORS TO BE CONSIDERED IN PETITION FOR CONDITIONAL
PARDON, COMMUTATION OF SENTENCE OR PAROLE
- The following factors may be considered by the Board in the grant of conditional
pardon, commutation of sentence or parole:
a. the age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if
any;
b. evidence that petitioner will be legitimately employed upon release;
c. a showing that the petitioner has a place where he will reside;
d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
e. attitude towards the offense and the degree of remorse; and,
f. the risk to other persons, including the victim, his witnesses, his family and friends,
or the community in general, the possibility of retaliation by the victim, his family and
friends.
SPECIAL CONSIDERATION TO THE RECOMMENDATION FOR
COMMUTATION OF SENTENCE OR CONDITIONAL PARDON
1. youthful offenders;
2. prisoners who are sixty (60) years old and above;
3. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;
4. serious illness and other life-threatening disease as certified by a government
physician;
5. those prisoners recommended for the grant of executive clemency by the
trial/appellate court as stated in the decision;
6. alien prisoners where diplomatic considerations and amity between nations
necessitate review;
7. circumstances which show that his continued imprisonment will be inhuman or will
pose a grave danger to the life of the prisoner or his coinmates; and,
8. such other similar or analogous circumstances whenever the interest of justice will
be served thereby.

FILING OF PETITION

A formal petition for executive clemency addressed as follows shall be submitted to

the Board before the question of said clemency will be considered:

"The President of the Philippines

Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City"

Petitions for parole shall be addressed to the Chairman or to the Executive

Director of the Board. However, the Board may, motu proprio , consider cases for
parole, commutation of sentence or conditional pardon of deserving prisoners
whenever the interest of justice will be served thereby.

CONTENTS OF PETITION
1. Name of the prisoner
2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a naturalized Filipino, his former
nationality and date of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and the commencing date thereof
[Link] or prison to which he was committed and/or where he is presently confined
[Link] he was received for confinement
[Link] upon which executive clemency is being asked and certification from the
trial court that his case is not on appeal.

NOTA BENE: A petition for absolute pardon shall be under oath and shall include
the date the petitioner was released from prison after service of sentence or released
on parole/pardon or terminated from probation.

REFERRAL OF PETITION FOR EXECUTIVE CLEMENCY/PAROLE TO OTHER

GOVERNMENT AGENCIES
a. Secretary of National Defense - If the crime committed by the petitioner is
against national security or public order or law of nations.
b. Commission on Elections - In case of violation of election laws, rules and
regulations.
c. Department of Foreign Affairs - In case of an alien.

PRISONERS NOT ELIGIBLE FOR EXECUTIVE CLEMENCY

Prisoners who escaped or evaded service of sentence are not eligible for
executive clemency for a period of one (1) year from the date of their last
recommitment to prison or conviction for evasion of service of sentence.

TRANSMITTAL OF CARPETA AND PRISON RECORD

In executive clemency/parole cases, the Director or Warden concerned shall
forward the prison record and carpeta of a petitioner at least one (1) month prior to
the eligibility for review as specified in Sections 10 and 13 of these Rules.

The Director or Warden concerned shall also furnish the Board and the
Administration on or before the fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90) days and those who may be
considered for executive clemency.
EXCERPTS FROM THE AMENDED GUIDELINES FOR RECOMMENDING
EXECUTIVE CLEMENCY, REVISED MANUAL, BOARD OF PARDONS AND
PAROLE (2006)

SECTION 2. CONSIDERATION OF CASES FOR EXECUTIVE CLEMENCY

The Board [of Pardons and Parole] may consider cases for executive clemency upon
petition, or referral by the Office of the President, or motu proprio.

SECTION 3. EXTRAORDINARY CIRCUMSTANCES

The Board shall recommend to the President the grant of executive clemency when
the following extraordinary circumstances are present such that a strict application of
the law will result in manifest injustice:
1. The trial court or appellate court in its decision recommended the grant of
executive clemency for the prisoner;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed;
3. Evidence which the court failed to consider, before conviction, which would have
justified an acquittal of the accused;
4. Prisoners who were over nine (9) years old but under eighteen (18) years of age
at the time of the commission of the offense;
5. Prisoners who are (70) years old and above who have served at least five (5)
years of their sentence or those whose continued imprisonment is inimical to their
health as recommended by a physician designated by the Department of Health or
designated by the Malacañang Clinic Director;
6. Prisoners who suffer from serious and life-threatening illness/disease or severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc., as
recommended by a physician of the Bureau of Corrections Hospital and certified by a
physician designated by the Department of Health or designated by the Malacañang
Clinic Director;
7. Alien prisoners where diplomatic considerations and amity among nations
necessitate review;
8. Such other similar or analogous circumstances whenever the interest of justice will
be served thereby.

SECTION 4. OTHER CIRCUMSTANCES

When none of the extraordinary circumstances exist, the Board may
nonetheless review and/or recommend to the President the grant of executive
clemency to a prisoner upon any of the following grounds:
1. When he is suffering from severe physical disability as when he is a deaf-mute, a
leper, a cripple, or is partially blind, etc., as recommended by a physician of the
Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
3. When he is suffering from serious illness as recommended by a physician of the
Bureau of Corrections Hospital and certified by a physician designated by the
Department of Health or designated by the Malacañang Clinic Director;
4. Such other circumstances whenever the interest of justice will be served thereby.

Provided, that a petition for executive clemency under this section may be
reviewed only if the petitioner meets the following minimum requirements:

SECTION 5. EXCEPTIONS
Even with the existence of any of the circumstances enumerated in Sections 3 and
4, the Board shall not favorably recommend petitions for executive clemency of the
following prisoners:
1. Those convicted of Evasion of Service of Sentence;

2. Those who violated the conditions of their Conditional Pardon;

3. Those who are habitual delinquents or recidivists;
4. Those convicted of Kidnapping for Ransom;
5. Those convicted of violation of Republic Act No. 6425, as amended, otherwise
known as "The Dangerous Drugs Act of 1972", or Republic Act 9165, also known as
the Dangerous Durgs act of 2002", and other drug related offenses except those
convicted only of use and/or possession of prohibited or regulated drugs;
6. Those convicted of offenses committed under the influence of drugs;
7. Those whose release from prison would pose a threat to the public safety or would
constitute a danger to society; and
8. Those suffering from dementia or insanity.

Above notwithstanding, in view of diplomatic considerations and upon

recommendation of the Department of Foreign Affairs, the grant of executive
clemency may be availed by a foreign prisoner or alien serving a prison sentence in
the Philippines, as an opportunity for securing the release of Filipino convicts, if any
in the country of the convicted foreigner or alien.

WHAT IS PARDON?
It is a form of executive clemency granted by the President of the Philippines
as a privilege to a convict as a discretionary act of grace. A pardon is the remission
of a penalty. It is an act of grace or forgiveness that relieves the person pardoned
from some or all of the ramifications of lawful punishment. A pardon may be
conditional or unconditional. Pardons do not erase or seal a conviction; a pardon
forgives guilt. It vested to the Chief Executive (The President) as a matter of
[Link] is “an act of grace, proceeding from the power entrusted with the
execution of the laws, which exempts the individual, on whom it is bestowed, from
the punishment the law inflicts for a crime he has committed. It is the private, though
official act of the executive magistrate, delivered to the individual for whose benefit it
is intended, and not communicated officially to the Court. A pardon is a deed, to the
validity of which delivery is essential, and delivery is not complete without
acceptance.” Neither the legislative nor the judiciary branch of the government has
the power to set conditions or establish procedures for the exercise of this
Presidential prerogative.

When a pardon is granted, the convicted offender is forgiven the crime and its
penalty. A head of state or government generally grants it when the convicted
individual has fulfilled his or her debt to society or is somehow otherwise worthy of
being forgiven the crime. A pardon does not erase the conviction, but it can in some
jurisdictions remove some of the disqualifications caused by it.

ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance.
[Link] the legislative nor the judiciary branch of the government has the power
to set conditions or establish procedures for the exercise of this Presidential
prerogative.
TWO TYPES OF PARDON

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the particular offense of
which he was convicted.
PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president the
incumbent has deposed. Absolute Pardon is granted in order to restore full political
and civil rights to convicted persons who have already served their sentenced and
have reached the prescribed period for the grant of Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain

limits or conditions; from the punishment that the law inflicts for the offenses he has
committed resulting in the partial extinction of his criminal [Link] is also granted by
the President of the Philippines to release an inmate who has been reformed but is
not eligible to be released on parole.

LIMITATIONS OF THE PARDONING POWER OF THE PRESIDENT

The following are the limitations of the pardoning power of the President:
a. It may not be exercised for offenses in impeachment cases;
b. It may be exercised only after conviction by final judgment except amnesty;
c. It may not be exercised over legislative or civil contempt (as for refusing to answer
a proper question as a witness in a case);
d. In case of violation of election law or rules and regulations without favorable
recommendations of the COMELEC;
e. It cannot be exercised to violation of tax laws.
f. It cannot absolve convict of civil liability
g. It cannot restore public offices forfeited.

NOTA BENE: The limitations provided under the Constitution are:

(1) No pardon may be granted in impeachment cases;
(2) No pardon may be granted when otherwise provided under the Constitution,
specifically Sec. 5, Article IX-C, which provides that “No pardon, amnesty, parole or
suspension of sentence for violation of elections laws, rules, and regulations shall be
granted by the President without the favorable

recommendation of the [COMELEC]“; and

(3) It may only be granted “after conviction by final judgment”.

WHAT IS THE EFFECT OF PARDON?

While a pardon has generally been regarded as blotting out the existence of
guilt so that in the eye of the law the offender is as innocent as though he never
committed the offense, it does not operate for all purposes. The very essence of a
pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the
fact of the commission of the crime and the conviction thereof. It does not wash out
the moral stain. It involves forgiveness and not forgetfulness.
The better considered cases regard full pardon (at least one not based on the
offender’s innocence) as relieving the party from all the punitive consequences of his
criminal act, including the disqualifications or disabilities based on the finding of guilt.
But it relieves him from nothing more. “To say, however, that the offender is a “new
man”, and “as innocent as if he had never committed the offense;” is to ignore the
difference between the crime and the criminal. A person adjudged guilty of an
offense is a convicted criminal, though pardoned; he may be deserving of
punishment, though left unpunished; and the law may regard him as more
dangerous to society than one never found guilty of crime, though it places no
restraints upon him following his conviction.”
A pardon looks to the future. It is not retrospective. It makes no amends for the
past. It affords no relief for what has been suffered by the offender. It does not
impose upon the government any obligation to make reparation for what has been
suffered. “Since the offense has been established by judicial proceedings, that which
has been done or suffered while they were in force is presumed to have been
rightfully done and justly suffered, and no satisfaction for it can be required.”

WHAT IS THE CONSTITUTIONAL BASIS OF PARDON?

The power to pardon, which is a form of executive clemency, is given to the

President under Section 19, Article VII of the Constitution. It reads: Except
in cases of impeachment, or as otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and remit fines and forfeitures,
after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a
majority of all the members of the Congress.

HOW IS PARDON DIFFERENT FROM PROBATION?

Probation and pardon are not the same. Probation is “a disposition under which
a defendant, after conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of a probation officer.”
Probation is a part of the judicial power, while pardon is a part of the executive

power. The suspension of the sentence under probation simply postpones the
judgment of the court temporarily or indefinitely, but the conviction and liability
following it, and the civil disabilities, remain and become operative when judgment is
rendered.

ARTICLE 89. How Criminal Liability is Totally Extinguished.

—
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties;and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs
before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in article 344 of this Code

"Art, 94, Partial Extinction of Criminal Liability,- Criminal liability is extinguished

partially:
"1, By conditional pardon;
"2, By commutation of the sentence; and
"3, For good conduct allowances which the culprit may earn while he is
UNDERGOING PREVENTIVE IMPRISONMENT OR serving his sentence."