NON-INSTITUTIONAL
CORRECTION
CHAPTER I
INTRODUCTION
OBJECTIVE
Explained the principles behind non-institutional correction
Differentiate community-based correction from institutionalized correction
Cited the several precursors of probation
Outlined the early probationary practices in foreign setting
Justified the importance probation in the Philippines
NON-INSTITUTIONAL CORRECTIONS
refers to that method of correcting
sentenced offenders without having to go to
prison.
COMMUNITY-BASED CORRECTIONS
seek to place offenders in the community while they
serve their sentences. These types of programs
frequently allow the offenders to engage in work or
even school during their prison term...Subsequently, it
is appropriate to try and provide rehabilitation in
the community..
1. ADVANTAGES OF COMMUNITY-BASED
CORRECTION
programs attempt to accomplish many goals. These goals include easing institutional
crowding and cost; preventing future criminal behavior through surveillance,
rehabilitation, and community reintegration; and addressing victims' needs through
restorative justice through the following:
1. Family members need not be victims also for the imprisonment of a member because the
convict can still continue to support his family and not to be far away from his/her
children
2. Rehabilitation will be more effective as the convict will not 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 more be effective.
4 Cost of incarceration will be eliminated which is extremely
beneficial especially to a cash-strapped government. An entire
bureaucracy will be eliminated which includes the salary
benefits and perks of the officers and staff, capital outlays,
operating costs, maintenance of the facilities, subsistence of
inmates and many others
THE KATARUNGANG PAMBARANGAY
Republic Act 7160, otherwise known as the 1991 Local Government Code,
gives barangays the mandate to enforce peace and order and provide support for
the effective enforcement of human rights and justice. Decentralization has
facilitated the recognition of the Katarungang Pambarangay or Barangay Justice
System as an alternative venue for the resolution of disputes. The challenge
facing local governments now is to maximize and harness the katarungang
pambarangay as one of the most valuable mechanisms available in
administering justice, advancing human rights protection and resolving and/or
mediating conflict at the barangay level through non-adversarial means.
OBJECTIVES
• To promote the speedy administration of justice
• To minimize the indiscriminate filing of cases in courts
• To minimize the congestion of court dockets and thereby
enhance the quality of justice dispensed by the courts
• To perpetuate and recognize the time-honored tradition of
amicably settling disputes at the community level
EXECUTIVE CLEMENCY
shall refer to Absolute Pardon, Conditional Pardon with or without
parole conditions and Commutation of Sentence as maybe granted by
the President of the Philippines upon the recommendation of the Board
of Pardons and Parole. Under the law, the President has the power to
grant pardons, commutation of sentence reprieves, amnesty for all
expenses except impeachment cases and remit fines and forfeitures
after the recipient has been convicted.
PARDON
is a form of executive clemency granted by the President of the
Philippines as a privilege extended to a convict a discretionary act of
grace. Neither the legislative nor the judiciary branch of government has
the power to set conditions or establish procedures for the exercise of his
Presidential prerogative. It is highly political in nature and is usually
granted in response to popular clamor or to aid in the return to normally
of a political situation that might affect the country if not addressed.
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 remits the penalty imposed for the
particular offense of which he was convicted. The purpose of absolute
pardon are:
A. To right a wrong
B. To normalize a tumultuous political situation
CONDITIONAL PARDON
• refers to the exemption of an individual" within certain limits or conditions" from the
punishment the law inflicts or the offense he has committed resulting in the partial extinction of
the criminal liability. Condition pardon is a contract between the Chief Executive and the
convicted criminal" the convicts consent to the terms stipulated in the contract" the convict has
placed himself under the supervision of the Chief Executive or his delegate who is duty bound
to see to it that the convict complies with the conditions of the pardons. In a conditional pardon"
the condition may be less acceptable to the condemned than the original punishment" and may
in fact be more onerous. In this respect it differs from a commutation" which is a mere reduction
of the penalty" or from a pardon which is total remission. Three ways extending conditional
pardon in the convicts
a. Through the operation of the Intermediate Sentence
law
b. Through the grant of probation under the Probation
law
c. Through the exercise of the President" motuproprio of
the power under the Constitution.
AMNESTY
from the Greek amnestia, "forgetfulness, passing over") is defined as: "A pardon extended
by the government to a group or class of people, usually for a political offense; the act of a
sovereign power officially forgiving certain classes of people who are subject to trial but
have not yet been. Two amnesty proclamation in the past are the following:
• Presidential Proclamation No. 51 by then Pres. Manuel Roxas amnestying thoe who had
collaborated with the Japanese during World War II
• Presidential Proclamation No. 76 issued by then Pres. ElpidioQuirino extending amnesty
to leaders and members of the Hukbong Bayan Laban saHapon (HUKBALAHAP) and
PambansangKaisahanngmgaMagbubukid (PKM).
REPRIEVE
is also another prerogative exercised by the President
of the Philippines. Generally, it is applied to death
sentence already affirmed by the Supreme Court. It is
temporary stay of the execution of a sentence
COMMUTATION OF SENTENCE
It is an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term. Death
sentences or life imprisonment is reduced to a shorter
term. Commutation does not forgive the offender but
merely reduces the penalty of life imprisonment or death
sentence for a term of years.
PROBATION
is from the latin verb probare which means to prove or to test.
the concepts of probation, from the latin, probation which means testing.
a person convicted of a criminal offense is not sent to prison by sentencing
court, instead he/she is released and placed under the conditions which
the court may impose
As a result, the person placed on probation lives in a free community but
with limitation such that he must abide with all the condition imposed by the
court as monitored by the parole and probation officer in charge with his
supervision.
FORERUNNERS OF PROBATION
Benefit of clergy – the benefit of clergy was originally a provision by which
clergymen could claim that they were outside the jurisdiction of the secular
courts and be tried instead in an ecclesiastical court under canon law.
Judicial Reprieve – the court could temporarily suspended the execution
of a sentence to allow a criminal defendant to appeal to the monarch for a
pardon
Recognizance – it is defined as a formal agreement made by somebody
before a judge or magistrate to do something , such as to appear in court at
a set date.
TRANSPORTATION/DEPORTATION/BANISHMENT/EXILE
A form of punishment imposed on an individual, usually by a country or
state, in which individual is forced to remain outside of that country or state.
During England’s colonial times, banishment and transportation were
common forms of punishment.
Transportation - Involved the relocation of criminals to one of the colonies .
Banishment - is defined as a punishment that requires the convicted
person to leave the city, county, state, or country in which they are
charged.
INFORMAL PROBATION PRACTICES IN AMERICA
1. Partial suspension of sentence
2. Suspension of sentence in entirely
3. Continuance for sentence
4. Suspension of sentence with some provision for oversight sentence
5. Suspended sentence with the requirement that bond be posted
CHAPTER II
PROBATION: ITS HISTORICAL BACKGROUND
Objective
Marked significant dates and events in the evolution of probation
Identified ancient practices of treating convicts placed on probation
Explained the contributions of some personalities who played significant roles in the
development of probation
Appreciated the efforts of historical proponents of probation the led to polished probation
practice
Manifested cognizance on the historical contributions of early probation statutes in formalizing
probation system in the country
EVOLUTION OF PROBATION SYSTEM AND PRACTICES:
PERSONALITIES AND DATES
John Augustus
• Father of Probation
• Born in Woburn, Massachusetts in 1785 and died on June 21, 1859
• A permanent resident of Boston and the owner of a successful boot-
making business
• 1841 – Augustus career as the first known probation officer, he
provided bail for nearly 2000 offenders
• 1858 – Augustus had provided bail for 1,946 men and women
Matthew Davenport Hill
• Hill regarded as the father of probation in England
• Hill is a namely closely associated with the founding of probation
• Hill studied law at Lincoln’s Inn, London, and war called to the
bar in 1819
• He was recorder (Judge) of Birmingham and bankruptcy
commissioner for the Bristol District
• He believed that crime could be prevented by reformation in
prison .
Edward H. Savage
• Served as chief of police for Boston during
William Gaston’s tenure as Mayor of Boston
from 1871-1872
• Savage recognize as the first official probation
officer in Boston
Samuel June Barrows
• He was an American clergyman and reformer and a
pastor in Dorchester, Massachusetts
• 1895 he was appointed by President Cleveland to
represent the United Sates in the International Prison
Commission
• He helped draft and secure passage of New York state’s
first probation law
Brigadier General Clarence and Governor General Murphy
• These two individuals were responsible for the
introduction and implementation of probation
system
• Introducing likewise the indeterminate sentence
resulting to the revision of parole system in the
Philippines.
Teodulo Natividad and Ramon Bagatsing
The two introduce adult probation in a House Bill No. 393
• Teodulo Natividad was the chairman of Inter-Disciplinary Committee on Crime
Prevention
• Teodulo Natividad is to called as the “Father of Probation in the Philippines”
Inter-Disciplinary Committee on Crime Prevention
• This was composed of authorities and representatives from the five pillars of the
criminal justice system which drafted the Presidential Decree No. 968 otherwise
known as “The Adult Probation Law of 1976”
PROBATION: SIGNIFICANT HISTORICAL DATES
1876
Frederick Rainer
A printer from Hertfordshire, England wanted to help the large numbers of
individuals appearing for alcohol-related offenses before the London police
courts.
He gave a donation to the church of England Temperance Society to fund a
response.
The society appoints a “police court missionary” whose task is to interview
drunks in court cell, evaluate which of them is likely to respond help, and
suggest to the court plan for putting the offenders straight and narrow.
1878
Massachusetts passed the first probation statute in mandating an official
State Probation System with salaried probation officers.
This first probation law was signed into law by Governor Alexander H. Rice
1887
The probation of first offenders Act of 1887 of United Kingdom
allows courts to release certain relatively minor offenders on
probation
The act provides for friendly supervision by some authority to whom the
offenders has to report , who in turn reports to the court
1900
Vermont, Rhode Island, New Jersey, New York, Minnesota, and Illinois passed
probation laws.
1898
Vermont Act of 1898 made Vermont the first to adopt the “Country Plan”
Each country court was required to appoint probation officer
1900
The fourth state to pass a general probation law was New Jersey.
New York was the next state to provide for adult probation.
1903
California was the next state to enact adult probation and juvenile court laws
The first adult act imposed no restrictions on the discretion of the court except in case of
mandatory death penalty.
In the same year, two other states enacted general probation laws: the Connecticut and
Michigan.
• In Connecticut, every courts was authorized to appoint one or more probation officer
• In Michigan, the first law limited probation to first offenders
1907
English Parliament passed a bill providing for appointment of paid probation
officers to supervise those offenders placed on probation
The Probation of offenders Act of 1907 introduces a structured statutory
provision of offenders, provision for the appointment of Probation Officers and
their payment from local funds.
The 1907 Act forms the basis and bedrock of probation practice in both Britain
and Ireland
New York State Probation Commission was created
1914
The Criminal Justice Administration Act amends and updates the 1907 Act by
strengthening the way it operates and provides for the recognition of voluntary probation
societies.
MID-1900
Many Federal Courts were using a judicial reprieve to suspend sentence and this posed a
legal question
December 4, 1916, the United States Supreme Court, in the Killit’s Decision, held that a
Federal Judge John M. Killit was without power to suspend a sentence indefinitely
This decision led to the passing the National Probation Act of 1925 thereby allowing courts
to suspend the imposition of incarceration and place an offender on probation
MARCH 4, 1925
The Federal Probation Act was introduced by Senator Copeland and
Representative Graham
President Calvin Coolidge, a former Governor of Massachusetts and very
familiar with benefits of a functioning probation system, signed the bill in law
• This Act gave the US Courts the power to appoint Federal Probation Officers and
authority to sentence defendants to probation instead of a prison sentence
• President Calvin gave US Probation Officers the responsibility of supervising
offenders granted parole by the United States Parole Commission, military offenders
and pre-trial supervision
PROBATION IN THE PHILIPPINES: SIGNIFICANT HISTORICAL DATES
AUGUST 7, 1935
The Act No. 4221 otherwise known as the
Probation Act of 1935 was enacted
• The law created a Probation Officer under the
Department of Justice led by a Chief Probation Officer
appointed by the American Governor General
• The law covers first time offenders, 18 years of age
over
JULY 24, 1976
• President Ferdinand E. Marcos signed into law the Presidential
Decree 968 otherwise known as “Adult Probation Law 1976”
• The startup of the probation system in 1976-1977 was a
massive undertaking during which all judges and prosecutors
nationwide were trained in probation methods and procedure.
JANUARY 3, 1978
• The system started to operate.
• As more probation officer were recruited and trained,
more field offices were opened.
• There are at present 222 provincial/city paroled and
probation offices spread all over the country ,
supervised by 16 regional offices.
PHILIPPINE PAROLE
AND PROBATION
ADMINISTRATION
CHAPTER III
AFTER THIS CHAPTER, YOU MUST HAVE:
• Argued on the philosophies of probation system
• Discussed the given mission, vision, mandates, and goals of the
parole and probation administration
• Explained comprehensively the roles of probation in the
reformation and rehabilitation of offenders
• Showed sense of acceptance on the beneficial aspects of
probation
THE PHILIPPINE PROBATION SYSTEM
• The Philippine Parole and Probation Administration (PPA) adheres to the following
philosophy and concepts: Mandated by law to conserve and /or redeem valuable
human resource like the convicted offender and prisoners who are under the
probation and parole systems.
A. To effectively and efficiently carry out the goals and function , the administration
has its Vision and Mission.
B. It is generally conceded that probation is a matter of privilege to be granted or
refused at the discretion of the State (court). The applicant has already been
convicted and sentence by the court and it is only by the mercy of the law that he
may be given probation .
HOWEVER, PROBATION GRANTED MAY NOT BE
REVOKED UNLESS:
• A. A violation is alleged
• B. A notice is given
• C. A hearing is held
A probationer has the right to remain on probation until
satisfactory proof is submitted and a finding made that he/she
violated the terms and condition of his probation. His continuance
on probation is a matter of right, not grace. No violation should
result in automatic revocation and no judge should pass
judgement on a man without a benefit of Post Sentence
Investigation Report (PSIR)
VISION
A model component of 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 workforce in order to promote social justice
and development.
MISSION
To rehabilitate probationers, parolees and
pardonees and promote their development as integral
persons by utilizing innovative interventions and
technique which respect the dignity of man and
recognize his divine destiny.
MANDATES
The Parole and Probation Administration is
mandated to conserve and or/ redeem convicted
offenders and prisoners who under the probation or
parole system.
GOALS
The Administration program sets to achieve the following goals:
1. Promote the reformation of criminal offender and reduce the
incidence of recidivism, and
2. Provide a cheaper alternative to the institutional confinement
of first-time offenders who are likely to respond to
individualized , community-based treatment programs.
FUNCTIONS
• To carry out these goals, the Agency through its network of regional and
field parole and probation offices performs the following function:
1. To administer the parole and probation system
The PPA is mandated to be in charge with the entire officials affairs
or components of probation and parole nationwide. In here, the PPA take
charge with all the aspects of planning, organizing, staffing, directing,
coordinating, reporting and budgeting of the organization.
• II. To exercise supervision over parolees, pardonees and
probationers
One of the PPA’a major function are supervisions of the above-
mentioned three types of convicts. It is the Administration goal to
ensure the effective rehabilitation and reformation of parolees,
pardonees and probationer through effective supervision.
• III. To promote the correction and rehabilitation of criminal offenders
PPA’s existence will just be of no use if it fails to correct the
rehabilitate convicts placed under its care. There are five pillars of
Criminal Justice System of our country; one of which is correction.
Commonly speaking, correction pillar is regarded as the weakest pillar.
This is because who have been imprisoned or undergone probation are
still involved in criminal activities the moment they will go back to the
community. While this may be true, the ultimate aim of this function is
to reform and rehabilitate most of its clients if not all.
Reformation encompasses change in the attitude or behavior of the
person; that is from bad to good or from criminal behavior to a good
behavior.
Reformation also encompasses restoration of the normal being of the
person before he became criminal. Philosophically speaking, a persons
dignity, morality and integrity have been already damage when he committed
criminal act. Hence, as much as possible, rehabilitation is indeed imperative
to restore his original dignity.
ADVANTAGE OF PROBATION
A. Probation Protects Society
1. From the excessive cost of detention
2. From the high rate of recidivism of detained offenders
B. Probation protects the victim
I. It provide restitution
2. It preserves justice
C. Probation Protects the Family
I. It does not deprive the wife and children of husband and a father
2. It maintains unity of the home
D. Probation assist the government
I. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutor
4. It sustain law enforcement
E. Probation Helps the Offender
1. It maintain his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
F. Probation Justifies the Philosophy of Men
1.That life is sacred
2. That all men deserve second time
3. That an individual can change
4. That society has moral obligation to lift the fallen
