Ma. Samantha O.

Garcia Non Institutional Correction

BS Criminology 3
Summary of Module
Community-based corrections are non-institutional based corrections
which are being considered as the best alternative for imprisonment. It is a non-
incarcerate 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. 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. Rehabilitating convicts within the community confers several benefits
such as, 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; Convicts under community-based corrections are more capable to
compensate their victims through restitution or to pay-back the community
through community service, and Community-based corrections programs do not
expose convicts to the subculture of violence existing in jails and prisons.
Correction is 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 to punish, and to rehabilitate the
offender. Institutionalized Correction is the rehabilitation of offenders in jail or in
prison. 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. 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. 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. Parole is a conditional release from prison of a
convicted person upon service of the minimum of his indeterminate penalty.
Pardon is 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 Non-Institutional Correction, it is the Conditional
Pardon with Parole Conditions is under consideration. 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. The Parole
and Probation Administration (PPA) conduct investigation of all cases in relation
to parole, probation and pardon, and Responsible for the supervision of all
parolees, probationers and conditional pardon grantees. Board of Pardon and
Parole (BPP) has the authority in Granting Parole, and responsible for
recommending the grant of pardon and executive clemency to the president. The
Department of Social Welfare and Development (DSWD) is handling cases of
Child in Conflict with the Law (CICL). The following are the benefits of
Community-Based Corrections; Strengthening family ties through avoidance of
broken family relationships, prevention of Influence Contamination, engagement
of Community Involvement, assurance of Individualized Treatment Approach, it is
more economical than institution-based correction on the part of the government.
Executive Clemency 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. Amnesty is 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. Commutation of Sentence 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. Once earned, the
commutation becomes a matter of right and may be enforced by court action.
Purposes of Commutation is to break the rigidity of the law, to extend parole in
cases where the parole law do not apply, and to save the life of a person
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BS Criminology 3
sentenced to death. Reprieve is the act of postponing the enforcement of a
sentence, particularly a death sentence, to allow an appeal. 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.
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. Probationer means a person placed on probation. Probation Officer
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 is a
convicted defendant who files a formal application for probation. Probation as a
practice is believed to have been the product of the following olden practices
such as, Money Compensation, Cities of Refuge, Benefits of the Clergy, Judicial
Reprieve, Recognizance, and Banishment/Transportation.
JOHN AUGUSTUS (Boston, Massachusetts) is 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. MATTHEW DAVENPORT HILL
(Birmingham, England) is 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”. TEODULO C.
NATIVIDAD is a 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”. HUBER
LAW (1913) is 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 is when a Probation Officer shall notify all police agencies by
sending a note that Probationer is under his supervision. SURSIS (1888-1891) is
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.
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. PRESIDENTIAL DECREE NO.
603, otherwise known as the CHILD AND YOUTH WELFARE CODE was passed
to avail, PROBATION TO MINOR OFFENDERS. Presidential Decree No. 968 is
the Probation Law of 1976. Also known as the “Adult Probation Law”. The
following are the basic elements of probation, a suspension of the sentence, a
period at trial for the offender in the community, the offender’s observance of the
law and the adherence to the condition imposed by the court; and the supervision
of the offender by a probation officer.
The purpose of probation is to promote the correction and rehabilitation of
an offender by providing him with individualized (personalized), community based
treatment, to provide an opportunity for his reformation and reintegration into the
community; and to prevent the commission of offenses. 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. 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.
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
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BS Criminology 3
may either be imprisonment or a fine with subsidiary imprisonment, or both
imprisonment and fine. When probation is granted, the probationer is required to
obey the following conditions imposed by the Court such as, the probationer
must present himself to his Probation Officer within seventy-two (72) hours,
report to his Probation Officer in-charge of his supervision at least once a month ,
not to commit any offense; and comply with any other conditions imposed by the
court. Probationers report to their probation officer as often as indicated in the
conditions of probation. The PO makes regular reports about the probationer to
the court. The grant of probation will be revoke if the probationer commits the
following; Failure to comply with any condition; and Commission of another
offense. The legal discharge of the probationer from probation has the following
effects such as, probation shall restore to him all civil right lost or suspended as a
result of the conviction; and shall fully discharge his liability for any fine imposed
as to the offense for which probation was granted.
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. The word
“PAROLE” is a French word and is used here in the sense of word of honor.
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. 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. 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. The Parole and
Probation Administration is mandated to conserve and/or redeem convicted
offenders and prisoners who are under probation or parole system. To promote
the reformation of criminal offenders and reduce the incidence of recidivism, and
provide a cheaper alternative to the institutional confinement of first-time
offenders who are likely to respond to individualized, community-based treatment
programs. 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. 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. Conditional Pardon 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. 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 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. 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.