NON-
INSTITUTIONAL
CORRECTION
REYMARK E. LABITAD
REGISTERED
CRIMINOLOGIST
SOUTHERN PHILIPPINES
COLLEGE
What are the two
kinds of
CORRECTION
APPROACHES in
the Philippines?
1. Institutional
Correction
– Rehabilitation of
offenders in Jail or
Prison.
2. Community-Based
Correction
– correctional activities
that takes place in the
community that directly
addressed to the
offender and aimed at
helping him to become
a law abiding citizen.
What is Non-Institutional
Correction?
This is an alternative to
incarcerating person convicted of
criminal offense. This includes
persons release on Probation,
Parole and Executive Clemency
subject to supervision.
It refers to the method of
correcting sentenced offenders
without having go to prison.
Common Problems 05/16/25
Encountered by
Correctional
Institution
Offender’s Stigmatization
Offender’s De-socialization
Alienate offender’s from
their family, friends and
acquaintances
05/16/25
Due to overcrowding, prisons
lead to dehumanizing
conditions which make
reintegration and re-
socialization even more
difficult.
It expose an inmate to the
influences and hold of hardened
criminals making him hardened
instead of reformed upon
release
Lack of Funds (Economic
Crisis)
05/16/25
Non-Institutional
Correction is
otherwise known
as?
COMMUNITY
BASED
CORRECTION
05/16/25
Advantages of Community
Based Correction
Family members need
not be victims also for
the imprisonment of a
member because the
convict can still continue
to support his family, not
to be far away from his
children.
05/16/25
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.
05/16/25
Rehabilitations can be
monitored by the
community thus
corrections can be made
and be more effective
05/16/25
Cost of incarcerations
will be eliminated
which is extremely
beneficial especially to a
cash-strapped
government.
What is 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.
HISTORICAL
BACKGROUND
Derived from a Latin word
"Probare" which means "to
prove or to test".
Coined by John Augustus.
Where is Probation
Originated?
England in the year 1841.
Matthew Davenport Hill
An English Lawyer and Penologist
Who was known as the father of Probation
in England
“He believed that the individual was not
wholly corrupt-when there was reasonable
hope for reformation-and when there could
be found persons to act as guardians, kind
enough to take charge of the young
convict”.
Where is Probation
Legally Originated?
Boston, Massachusetts, USA
enactment of the first probation law
occurred
John Augustus
A Boston, Shoemaker
The first probation officer in Boston who
was credited to be the Father of Probation
in United States of America because he
convinced judges to release individuals
who suffered with alcoholism (Drunkard)
into his care in lieu of jail.
What is the Judge Killet’s
Decision?
Mid 19th century, many federal
courts were using a judicial
reprieve to suspend sentence but
posed a legal question.
In 1916, US Supreme Court held
that a Federal Judge (Killet) was
without power to suspend a
sentence indefinitely.
The Killet’s Decision led to the
passing of the National
Probation Act of 1925,
thereby allowing courts to
suspend the imposition of
a sentence and place an
offender on probation.
Who was the 1st Paid
Probation Officer in
Boston?
Edward Savage
Former Boston Chief of
Police
Probation in the
Philippines
Act 4221
Was the first probation law in the
Philippines enacted on August 07, 1935
creating Probation office under the
department of justice.
However, it was declared unconstitutional;
on 1937 because it was considered as an
undue delegation of legislative power in the
case of People VS. Vera.
3 PRINCIPAL GROUNDS FOR
UNCONSTITUTIONALITY OF
ACT 4221
a. The said act encroaches upon
the pardoning power of the
executive
b. That it constitutes an undue
delegation of legislative power
c. It denies the equal protection
of the laws
PD 968 known as the Probation
Law of 1976 promulgated on July
24, 1976
The 2nd legislation in our country.
It was later on amended by PD
1257 on December 1, 1977 and
PD 1990 on October 5, 1985.
-Teodulo C. Natividad known as
the Father of Probation in the
Philippines together with Cong.
Ramon Bagatsing.
Before PD 968, it
was?
Natividad and Bagatsing introduced
HB 393 “ An act establishing
Probation in the Phillippines”
The TURNING POINTS of the
Probation Law came on November
13, 1974, when Juan Ponce Enrile,
the national defense secretary
and the concurrent NAPOLCOM
Commissioner created the Inter-
Disciplinary Committee on Crime
Prevention where natividad was
apoointed as the Chaiman.
Who signed PD 968 into
law?
Former President
Ferdinand
Marcos on July
24, 1976.
When was the
Probation System
started to operate?
January 03, 1978.
FOUR ESSENTIAL
ELEMENTS OF
PROBATION
1. THE POST-SENTENCE
INVESTIGATION REPORT
Is a pre-requisites to the court
disposition on the application for
probation.
No probation grant without having first
conducted a post-sentence
investigation which will be based on
the persons antecedents, character,
behavior, physical and mental
conditions.
What is the Purpose of
PSI?
PSI is not conducted for the
purpose of determining
whether the applicant is
qualified for probation
BUT TO DETERMINE HIS
SUITABILITY UNDER
PROBATION.
What is stated on the
PSI?
The Character and
Background of the Petitioner.
It also states the
recommendation to grant or
deny the application for
probation.
Who Conducts PSI?
This is conducted by the
Probation Office
(Probation Officer) upon
receipt of the order of the
trial court authorizing the
conduct of investigation.
2. THE CONDITIONAL
SUSPENSION OF
SENTENCE
Once the convicted offender
applies for probation, he is
automatically placed
under SUSPENDED
SENTENCE while the
application is being resolve by
the Trial Court.
3. THE CONDITIONS
IMPOSED BY THE
COURT
The grant of probation is
accompanied by conditions
imposed by the trial court.
Probation conditions are
classified as MANDATORY
AND SPECIAL or
DISCRETIONARY
CONDITIONS.
What are the Mandatory
Conditions imposed on
a Probationer?
The initial reporting to the
Probation Officer within the 72
hour period upon receipt of
the Probation Order.
The monthly reporting to the
Probation Officer on a
designated time and place for at
least once a month.
4. THE SUPERVISION AND
GUIDANCE OF THE
PROBATION OFFICER
The start of supervision
may be based on the date
of issuance of probation
order, unless another
date has been specified by
court.
PURPOSE OF
SUPERVISION:
a. To ensure the probationer's
compliance with the conditions
(Main/Primary purpose)
b. Manage the process of
probationer's rehabilitation.
c. To provide guidance for the
probationer's transformation.
PROCEDURES IN
OBTAINING
PROBATION
When is the formal
application for
Probation?
A formal application may be
filed within the reglementary
period of 15 days AFTER
CONVICTION AND
SENTENCE AT ANY TIME
BEFORE IMPRISONMENT
STARTS.
Where is the application
be filed?
Said petition should be
filed with the original
court that tried and
sentenced the offender.
B. FILING OF BAIL
It is allowed by the rules of
court and criminal
procedures that petitioners
for probation may apply and
post bail while his motion for
application for probation is
under court determination.
If cannot avail or apply
bail, the court upon his
discretion may placed the
petitioner on Release on
Recognizance.
C. CONDUCT OF PSIR
the court will order the
CPPA to conduct and
file the Post Sentence
Investigation Report.
How many days is
the conduct of
PSI?
Within the period of 60
days upon receipt of
the order of the court
to conduct
investigation.
How Important is the
conduct of PSI?
This is very essential before the court
may grant or deny the application for
probation.
The report is highly confidential and not
allowed as a general rule to be made
public. (Confidentiality of Records).
D. RESOLUTION OF THE
TRIAL COURT
How many days the Trial Court
resolves the petition for Probation?
the court would have to resolve the matter
within the period of 15 days after the said
report has been received.
IT IS THE DUTY OF THE COURT TO
DECIDE WHETHER TO GRANT OR
DENY THE PETITION IN OPEN COURT.
What is the Nature of
Probation?
Probation is generally a
matter of PRIVILEGE.
Specifically, it is a privilege
since the grant is discretion
of the court and limited
offender can avail depending
on their qualifications.
Probation
is regarded as a
SUBSTITUTE FOR
IMPRISONMENT rather than
CLEMENCY, LENIENCY OR PITY.
Probation is extended or
given only to offenders not
sentenced to grave or
serious offenses. Since
offenders sentence to serious
offense POSE SERIOUS
THREAT TO THE COMMUNITY.
A person placed under
probation is not to be
considered as a Freeman
because he is obligated to live
within a specified area and
required to conform to the
conditions imposed by the
court.
He is deprived of certain
rights and privileges. BUT,
POLITICAL RIGHTS OF
THE PERSON IS NOT
LOST OR SUSPENDED
DURING PROBATION.
Generally, Probation is a
Privilege. When it will
become a RIGHT?
When granted
Probation may not be revoke
unless:
VIOLATION IS ALLEGED
NOTICE IS GIVEN and a
HEARING IS HEARD.
Probation, like Parole and
imprisonment has the primary
objective of PROTECTING
SOCIETY AGAINST CRIMES.
"It is the visible extension of the
powers of the court over the
future behavior and destiny of
convicted offenders such is not
apparent in other dispositions of
criminal cases"
Does Probation
Extinguished Criminal
and Civil Liability?
NO
Probation only
extinguishes CRIMINAL
LIABILITY NOT with
CIVIL LIABILITY.
To be able to enjoy the
benefits of probation, it
must first to be shown that
an applicant has none of
the disqualifications
imposed by law.
Probation is intended for
offenders who are 18
years of age and above
and who are not otherwise
disqualified by law.
What are the
Disqualifications for
PROBATION?
What term of
Imprisonment which
disqualifies a convicted
person for probation?
THE FINAL TERM OF
IMPRISONMENT IS MORE
THAN 6 YEARS.
What type or
classification of crimes
which disqualifies a
convicted person for
probation?
CONVICTED OF
SUBVERSION OR ANY
OFFENSE AGAINST
SECURITY OF THE STATE
OR THE PUBLIC ORDER
REGARDLESS OF THE
PENALTY IMPOSED.
What legal classification
of criminal offender
whom disqualified for
probation?
PREVIOUSLY
CONVICTED, RECIDIVIST
OR HABITUAL OFFENDER.
May a Recidivist be given the
benefit of PROBATION?
General Rule :
NO
Exemption:
If the earlier conviction refers to
a crime, the penalty of which do
not exceed 30 days of
imprisonment or a fine of not
more than 200 Php.
Can a person who have
been once on probation
can still avail the
benefits of PD 968?
PROBATION CAN BE
AVAILED OF ONLY BY
FIRST TIME AND
PENITENT OFFENDERS.
Can already serving
sentence may avail
Probation?
No
Why?
Once the convicted offender already served
their sentence behind bars, the trial court
loses jurisdiction over the case hence, the
jurisdiction is now transferred to the
executive branch of the government either
DILG-BJMP or DOJ-BUCOR...(SEPARATION
OF POWERS)
A person already
perfected an appeal,
can he still avail
Probation?
NO
Even if a person may be
eligible for probation, the
moments he perfects an
appeal from the conviction,
he cannot avail of probation
anymore.
OTHER
DISQUALIFICATION
S:
(1) Offenders found
guilty of any election
offense in accordance
with Section 264 of B.P.
Blg. 881 (Omnibus
Election Code)
Section 264 of
B.P. Blg. 881
Any person found guilty of any election
offense under this Code shall be
punished with imprisonment of not less
than one year but not more than six
years and shall not be subject to
probation.
(a) Vote-buying and vote-selling
(b) Conspiracy to bribe voters
(c) Wagering upon result of election
(2) Offenders found guilty of violating
R.A. No. 6727 (Wage Rationalization
Act, as amended);
Sec 12, RA 6727
Any person, corporation, trust, firm,
partnership, association or entity which
refuses or fails to pay any of the prescribed
increases or adjustments in the wage rates
made in accordance with this Act shall be
punished by a fine not exceeding twenty
five thousand pesos (P25,000.00) and/or
imprisonment of not less than one (1) year
nor more than two (2) years: Provided, That
any person convicted under this Act shall
not be entitled to the benefits provided for
under the Probations Law.
(3)Offenders found guilty
of violating R.A. No.
9165, The Comprehensive
Dangerous Drugs Act of
2002, except Sections 12,
14, 17, and 70.
Exceptions under
RA 9165
Section 12. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. - The
penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person,
who, unless authorized by law.
Section 14. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings.
Section 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from
one (1) year and one (1) day to six (6) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any
practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails to
comply with the maintenance and keeping of the original
records of transactions on any dangerous drug.
Section 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of Imprisonment.
– Upon promulgation of the sentence, the court may, in
its discretion, place the accused under probation, even if
the sentence provided under this Act is higher than that
provided under existing law on probation, or impose
community service in lieu of imprisonment.
(4) Offenders
found guilty of
violating PD 1987
(Videogram
Regulatory Board)
Sec 9, PD 1987
The provisions of Presidential Decree
No. 968, as amended (Probation Law),
shall not apply in cases of violations of
this Decree, including its implementing
rules and regulations.
When Probation
Application be denied?
1. the offender is in need of
correctional treatment that can be
provided most effectively by his
commitment to an institution
2. there is undue risk that during
the period of probation the
offender will commit another
crime.
3. probation will depreciate the
seriousness of the offense
committed.
How Long a Probationer
Will Stay on
Probation?
TWO LEVELS OF PROBATION PERIOD
a. 2 years probation period, where the
imprisonment is NOT more than 1
year.
b. 6 years probation period, where the
imprisonment is more than 1 year.
"THE ACTUAL DURATION IS LEFT TO
THE DISCRETION OF THE COURT AS
LONG AS IT DOES NOT GO BEYOND
THE MAXIMUM PERIOD"
When SUBSIDIARY
IMPRISONMENT is
Applicable?
a. When the principal penalty
imposed be a FINE ONLY.
b. In case of insolvency.
c. At 8.00 peso rate per day
and computed of not less than
nor more than twice the
number of days.
SUPERVISION OF
PROBATIONERS, when
will Start?
It starts or commences
on the day of the initial
interview or reporting of
the probationer.
What is the MAIN purpose
of SUPERVISION?
ENSURETHE
COMPLIANCE WITH THE
PROBATION
CONDITIONS.
When can the Probation
Program be Revoked?
General rule:
"NO VIOLATION OF THE
CONDITION WHICH RESULTED
TO AUTOMATIC REVOCATION OF
THE PROBATION"
EXEMPTION"
Unlesssuch violation is substantially
proven after notice and hearing
were conducted by the trial court.
What is the effect when
Probation is Revoked?
After the serious violation of a
probation condition has been
estabish, the trial court may:
a. Order the continuation for
probation subject to modification of
probation conditions.
b. Order the revocation of probation
What will happen to
probationer if the
probation is revoked?
"SERVE THE
ORIGINAL SENTENCE
IMPOSED"
When Probation be
Terminated?
Successful completion of
probation
Revocation for cause
Early termination
Death of the probationer
Is the expiration of the probation
period automatically
terminates the probation?
No
Probation is not co-terminus with
its period.
The court must first issue an order
of final discharge based on the
report and recommendation of the
probation officer WHEN THE
PROBATIONER ALREADY
FULFILLED THE TERMS AND
CONDITIONS OF PROBATION.
PAROLE
Derived from the French
Word " Parole D' Honeur"
meaning word of honor.
The release of prisoners
on their word of honor.
ESSENTIAL ELEMENTS
OF PAROLE
a. That the offender is convicted
b. That he serves part of his sentence
(serving the minimum of his
indeterminate sentence)
c. That he is released before the
expiration of his maximum sentence
d. Release is conditional, dependent on
his good behavior
e. Remains in Parole until the expiration
of the maximum sentence
HISTORY OF PAROLE IN
THE PHILS.
Parole system in the Philippines came
into existence by the enactment of Act
4103, otherwise known as
"Indeterminate Sentence Law or ISLAW"
on December 05, 1933 and later
amended by Act 4203 and 4225.
Under the said law it created the Board
of Pardons and Parole, an administrative
arm of the President, granting Parole
cases.
DISQUALIFICATIONS
FOR PAROLE
Those convicted of an offense punished
with Death penalty, Reclusion Perpetua or
Life imprisonment;
Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
Those convicted of misprision of treason,
rebellion, sedition or coup d'etat;
Those convicted of piracy or mutiny on
the high seas or Philippine waters;
Those who are habitual delinquents i.e.
those who, within a period of ten (10)
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 any of said crimes a
third time or oftener;
Those who escaped from confinement or
evaded sentence;
Those who were granted Conditional
Pardon and violated any of the terms
thereof;
Those whose maximum term of
imprisonment does not exceed
one (1) year or those with definite
sentence;
Those suffering from any mental
disorder as certified by a
government
psychiatrist/psychologist;
Those whose conviction is on
appeal;
Those who have pending criminal
case/s.
Presentation to
Probation and
Parole Officer
- The parolee shall present himself to
the Probation and Parole Officer
specified in the Release Document
for supervision.
- If the parolee fails to report within
forty-five (45) days from the date of
his release from confinement, the
Probation and Parole Officer shall
inform the Board of such failure for
the Board’s appropriate actions.
Transfer of
Residence
A parolee may not transfer
from the place of residence
designated in his Release
Document without the prior
written approval of the
Regional Director subject to
the confirmation of the Board.
Outside travel
A CPPO may authorize a
parolee to travel outside his
area of operational jurisdiction
for a period of not more than
thirty (30) days. A travel for
more than 30 days shall be
approved by the Regional
Director.
Effect of
Recommitment of
Client
The client who is recommitted
to prison by the Board shall
be made to serve the
remaining unexpired portion
of the maximum sentence for
which he was originally
committed to prison.
WHAT IS EXECUTIVE
CLEMENCY?
It refers to the
Commutation of Sentence,
Conditional Pardon and
Absolute Pardon maybe
granted by the president
upon recommendation of
the Board.
WHAT IS
COMMUTATION OF
SENTENCE?
Itis the reduction
of the period of a
prison sentence.
Purposes of
Commutation
A. To break the rigidity of the
law
B. To extend parole in cases
where the parole law does not
apply
C. To save the life of a person
sentenced to death
WHAT IS CONDITIONAL
PARDON?
Itis the conditional
exemption of a guilty
offender for the
punishment imposed by
a court.
How Conditional
Pardon is given?
Conditional Pardon may be commenced:
1. A petition filed by the prisoner, his family or
relative, or upon the recommendation of the
prison authorities.
2. The petition or request is processed by the
Board of Pardons and Parole. The Board shall
determine if the prisoner has served a sufficient
portion of his sentence; his release is not
inimical to the interest of the community; and
that there is a likelihood that the offender will
not become a public charge and will not
recidivate in crime.
3. If all these factors are
favorable, then the Board will
endorse the petition favorably
to the President. If the case is
premature, the petitioner is so
informed
WHAT IS ABSOLUTE
PARDON?
Itis the total extinction of the
criminal liability of the
individual to whom it is
granted without any condition
whatsoever resulting to the
full restoration of his civil
rights.
WHO MAY FILE A PETITION
FOR CONDITIONAL
PARDON?
A prisoner who has served
at least one-half (1/2) of
the maximum of the
original indeterminate
and/or definite prison
term.
Limitations of the
Pardoning Power
1. Pardon cannot be extended to cases
of impeachment. (Art VII, Soc. 10, Par. 2,
Constitution of the Philippine).
2. No pardon, parole or suspension of
sentence for the violation of any
election law may be granted without
favorable recommendation of the
Commission of Elections. “ (Art. X, Soc.
2, Par. 2 Constitution of the Philippines)
3. Pardon is exercised only after
conviction.
WHO MAY FILE A PETITION
FOR COMMUTATION OF
SENTENCE?
The Board may review the petition of a
prisoner for commutation of sentence if
the following minimum requirements are
met:
At least one-third (1/3) of the definite or
aggregate prison terms;
At least one half (1/2) of the minimum of
indeterminate or aggregate minimum of
the indeterminate prison terms;
WHO MAY FILE A PETITION
FOR COMMUTATION OF
SENTENCE?
At least ten (10) years for inmates sentenced
to one (1) Reclusion Perpetua or one (1) life
imprisonment, for crimes/offenses not
punishable under Republic Act No. 7659 and
other special laws.
At least thirteen (13) years, for inmates
whose indeterminate and/or definite prison
term were adjusted to a definite prison term
of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal
Code, as amended;
At least fifteen (15) years for
inmates convicted of heinous
crimes as defined in Republic Act
No. 7659 committed on or after
January 1, 1994 and sentenced to
one (1) Reclusion Perpetua or one
(1) life imprisonment;
At least eighteen (18) years for inmates sentenced to
Reclusion Perpetua or life imprisonment for violation
of RA 6495, as amended, otherwise known as “The
Dangerous Drugs Act of 1972”, or RA 9165, known as
“The Comprehensive Dangerous Drugs Act of 2002”,
and for kidnapping for ransom, or violation of the laws
on terrorism, plunder, and transnational crimes;
At least twenty (20) years, for inmates sentenced to
two (2) or more Reclusion Perpetua or life
imprisonment even if their sentences were adjusted
to a definite prison term of forty (40) years in
accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
At least twenty-five (25) years for inmates originally
sentenced to death penalty but which was
automatically reduced or commuted to Reclusion
Perpetua or life imprisonment.
AMNESTY
A special form of pardon exercised by
the President.
Is a general pardon extended to a
certain class of people who are usually
POLITICAL OFFENDERS.
While pardon is an exclusive act of the
President, Amnesty needs the
concurrence of the Congress and the
courts also take judicial notice of the act
by the President.
Amnesty looks backward and
abolishes and puts into oblivion
the offense itself. It so overlooks and
obliterates the offense with which he
is charged that the person released
by amnesty stands before the law as
though he had committed no offense.
1. Proclamation No. 51 – This
proclamation was issued by the late
President Manuel Roxas on January 28,
1948, granting amnesty to those who
collaborated with the enemy during World
War II.
2. Proclamation No. 76 – This was
issued by President Elpidio Quirino on June
21, 1948, extending amnesty to leaders of
the Hukbolahap and Pambansang Kaisahan
ng mga Magbubukid (PKM). The amnesty
applied to crimes of rebellion, sedition,
illegal association, assault, resistance and
disobedience to persons in authority and
illegal possession of firearm.
Differences between
amnesty and pardon
A. 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.
B. Pardon is exercised when the person is
already convicted while amnesty may
be given before trial or investigation
is had.
C. Pardon is granted by the Chief
Executive and such it is a private act
which must be placed and proved by the
person pardoned, because the courts
take no notice thereof; while amnesty is
by proclamation with concurrence
of Congress, and it is a public act
which the courts should take judicial
notice.
E. Pardon is granted to one after
conviction, while amnesty is granted to
classes of persons who may be guilty of
political offenses, generally before or
after the institution of criminal
prosecution and sometimes after
conviction. “
REPRIEVE
Is another prerogative exercised by the
President. Generally, it is applied to death
sentences already affirmed by the Supreme
Court.
The temporary stay of execution of a
sentence.
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.
A President usually resorts to this to resolve
all his doubts and reservations and want
really establish that the convict truly
deserve to be executed.
END