CRI 180: NON-INSTITUTIONAL CORRECTIONS

Module 1, Pillars of the Criminal Justice System

In the formal criminal justice system, there are only 4 pillars. What are the objectives of the community corrections
However, the Community pillar is considered informal as it is programs and institutional corrections?
based on human mind and ability.
1. Perpetrator is penalized and made accountable;
1. Law Enforcement, 2. Protection of public safety
2. Prosecution,
3. Court,
4. Correction, Agencies in Community-Based Corrections
5. Community
1. Parole and Probation Administration. Conducts
Criminal Justice System is a tool or machinery used by the
investigations of all cases relating to parole and
society to prevent, control, and suppress the commission of the
pardon. The PPA is specifically mandated to 1.)
crime and provide and maintain justice. It refers to a system of
administer the parole and probation system; 2.)
corrections to return offenders to the community as law
exercise general supervision over all parolees and
abiding citizens.
probationers; and 3.) promote the correction and
These pillars are interconnected. rehabilitation of offenders.
2. Board of Pardon and Parole. Responsible for
The PH Criminal Justice System is processed as recommeding the grant of pardon and executive
clemency to the President. The BPP is specifically
● Compilation of Evidences mandated to grant parole to qualified prisoners;
● Apprehend law breakers recommend to the President of the Philippines the
● Submit complaints/information grant of commutation of sentence, conditional and
● Prosecutor ascends evidences and determines absolute pardon to ex-convicts; and assist in the
whether the evidences are adequate in the charges rehabilitation of parolees and pardonees.
against the accused
3. Department of Social Works and Development.
● Defense counsel oversees the accused
Handle cases of HUMCICL, Children in conflict with
● The judge serves as an arbitrator
the Law.
● The judge then makes a ruling of the case
● The probation officer supervises the offender on
probation, as well as conduct pre-sentence
investigations Module 2, Advantages and Disadvantages of Non-Institutional
● If the perpetrator is found guilty and given a Correction
sentence, he will either be released or committed to
Advantages of Community based or Alternative corrections:
prison
● Once term has been served, the guilty person will 1. Cost-effectiveness. It is implimented at a lower cost
finally be reintegrated into society. by utilizing existing community resources and
services.
2. Rehabilitation-focused. Instead of solely focusing on
Note that the Corrections is the weakest pillar of the CJS punishment or imprisonment, these programs aim to
because if they fail to reform and rehabilitate offenders, they address the underlying causes of criminal behavior
wil fail to prevent offenders from returning to a criminal life. and provide individuals with the tools and support
they need to reintegrate successfully.
NON-INSTITUTIONAL CORRECTION is also known as 3. Community involvement. By utilizing local
the community-based correction. It is considered as the best resources such as counseling, educational programs,
alternative for imprisonment. These include correctional vocational training. This provides offenders with a
activities that takes place in a community (e.g. Probation, greater sense of community connection and support.
Parole, Conditional Pardon, and Community Works). 4. Individualized approach. By considering factors
such as individuals' risk level, criminogenic needs,
and personal circumstances, these programs provide
Probation - A disposition under which adefendant, after more targeted interventions.
conviction and sentence, is released subject to conditions 5. Reduced social stigma. By allowing offenders to
imposed by the court and to the supervision of a probation remain within the community, it encourages the
officer. ( Section 3, Presidential Decree No. 968, Probation community to support individuals in their effort to
Law of 1976 promulgated on July 24, 1976) change and reintegrate successfully.
6. Capacity Management. Prison management can be
Parole - is a conditional release of an offender from a improved.
correctional institution after he serves the minimum term of
his prison sentence under the continued custody of his prison Disadvantages:
sentence under continued custody of the State and under
conditions that permit his reincarceration if he violates a 1. Limited Control and Supervision. Can increase the
condition for his release. risk of noncompliance and relapse into criminal
behavior or failure to adhere to program
requirements.
2. Lack of resources and support.
Community Works/Service - it is for simple infraction of laws
3. Public safety concerns. Because there is always a
and/or ordinances.
possibility that an indivual may commit new offenses
while in the community.
4. Inconsistent program quality. The success of the
Pardon - is an executive clemency from the President. It has institutional corrections rely on the competence and
two distinctions which are Absolute and Conditional Pardon. training of the staffs, proper program design and
implementation, and evaluation and monitoring.
 5. Limited capacity and suitability. Not all are Module 4, History of Probation
suitable for non-institutional correction programs.
6. Public perceptions and resistance/skepticism. HISTORY OF PROBATION IN THE PHILIPPINES
There will always be concerns about safety, Presidential Decree No. 968, which established a probation
effectiveness and perceived leniency. system less costly alternative to the imprisonment of the
The most common issue in Non-institution based corrections offender who are likely to respond to individualized,
is the growth of detained offenders which results into community-based treatment program is the second legislation
overcrowding and rapid growth of expenses and weaker that enforces a probation system in the country.
rehabilitation programs.

● August 7, 1935
Module 3, Goal of Deterrent Measures First adult probation Act Known as Comrhonwealth Act
Predecessors of Probation No. 4221 was enacted the Philippine legislature. It created
the probation office under the Development of Justice led by
1. Money Compensation. It is the precursor to the use the Chief Probation Officer appointed by the American
of fines and restitutions. Governor-General. The Philippines then was a territory of the
2. Cities of Refuge. An accused will be safe pending an United States of America. This law provided probation for the
investigation of his criminal responsibility first-time offenders, eighteen years of age and over, convicted
3. Benefit of Clergy. Considered as a useful device for of a certain crime.
avoiding the death penalty. it is a legal practice in
However, in People vs. Vera 37 O.G 164, the constitutionality
which the church authorities were exempt from
of probation la (Act 4221), was challenged on three principal
prosecution from secular courts.
grounds:
4. Judicial Reprieve. It is the temporary withholding of
punishment. It serves as an instrument in reducing the (a) Said act encroaches upon the pardoning power of executive
severity of a law. Usually, it is granted to a prisoner
to afford him an opportunity to procure some (b) That is constitute on undue delegation of legislative power
amelioration or procurement of his sentence. It is and
exercised prerogatively by the President of the
(c) It denies the equal protection of the law. The Supreme
Philippines so it could resolve all the president’s
Court, declared Act No. 4221 unconstitutional on November
doubts and reservations into and to establish that the
16, 1937.
convict really truly deserves to be executed.
5. Recognizance (Criminal Procedure Sec.15).
Whenever allowed by law or these Rules, the court
may release a person in custody to his own Cong. Teodulo C. Natividad and Cong.Ramon D. Bagatsing
recognizance or that of a responsible person.
Introduced for the second time Adult Probation in the
6. Banishment/Transportation.
country in House Bill No.393. The measure was passed in the
lower house and was pending in the senate when the martial
law was proclaimed on September 21, 1972 by the late
ADVOCATES in the field of PROBATION President Ferdinand E. Marcos. The bill eliminated the
undesirable features of the 1935 Probation Act.
1. John Augustus.
● Known as the Father of Probation in U.S.,
● The first one to apply the term probation
● The one credited with founding the ● April 24, 1976
investigation process which is one of the
the draft of the proposed adult probation law was
three(3) main concepts of modern probation.
presented in a seminar on the probation system sponsored
2. Matthew Davenport Hill
by the NAPOLCOM and the Up-law center attended by
● An english lawyer and penologist
369 participants. Two foreign experts participated in the
● Father of Probation in England
seminar and served as consultants, namely;
● For him, “if an offender demonstrates a
promise of rehabilitation, they will be placed
in the hands of a generous guardian who will
willingly take charge of them”. 1. Dr. Torsten Erikson, Former United Nation Inter-Regional
3. Edward Savage Adviser on Crime Prevention and Criminal Justice.
● First probation officer
2. Dr. A. Lamonth Smith, Director for Research Program,
Planning and evaluation, Department of Corrections of
Arizona.
PIONEER STATES in the field of PROBATION
1. Massachusetts. First developed the system of
probation in 1880. ● July 22-24 1976
2. Vermont Act of 1898. Unlike Massachusetts,
The first National Conference on Crime Control was held at
Vermont provided probation only after the sentence.
Camp Aguinaldo for the final forum on the proposed
3. Juvenile Probation Law. Juvenile probation is a institutionalization of Adult Probation in the country.
form of community supervision that may include
reporting to a supervisory officer, participating in
behavior-change programming.
4. Rhode Island. 3rd ● July 24 1976
5. New Jersey. 4th state to pass a general probation law. President Ferdinand E. Marcos signed PD 968 otherwise
6. New York. Fifth to provide adult probation. known as the Probation Law of 1976 (Adult Probation Law).
Thus, the Philippines joined the rank of countries in which
probation has become a part of corrections and thereby RA 9344 known as Juvenile Justice and WelfareAct of 2006,
transported the criminal justice of the country to the twentieth under section 42 allows convicted Child in Conflict with the
century. Law (CICL) with ages more than 15 but below 18 to apply
probation. Thus, amending sec. 4 of PD 968 as amended
known as Probation Law of 1976.
Teodulo C. Natividad was appointed as the first Probation
Administrator and at the same time the chairman of the
NAPOLCOM. He is now known as the Father of Probation in RA 10707 amending some sections of PD 968
the Philippines.

The Probation Administration was created by virtue of

Presidential Decree 1257. Promulgated on December 1, 1977 Presidential Decree No. 968, "The Probation Law of 1976",
amended section 4,7,15 of PD 968 in addition to its signed by the President Ferdinand E. Marcos to administer the
amendment to section 33 of the same decree providing for probation system.
effectivity of the salient provisions of the said decree on
January 3, 1978.
Under Executive Order No. 292, "The Administrative Code of
1987" which was promulgated on November 23, 1989, the
Batas Pambansa Bilang 76. Passed by the Batasang Pambansa Probation Administration was renamed "Parole and Probation
on June 9,1980 and approved by Pres. Marcos on June Administration" and given the added function of supervising
13,1980 amended further PD 968 particular section 9. It prisoners who, after serving part of their sentence in jails are
provides for a maximum probationable period of 6 years and 1 released on parole pardon with parole conditions.
day

Effective August 17, 2005, by virtue of a Memorandum of

PD 1990. Promulgated on October 5, 1985 by Pres. Marcos, Agreement with the Dangerous Drugs Board, the
further amend PD 968 specially section 4 and original Administration performs another additional function of
maximum probationable period to only 6 years. investigating and supervising first-time minor drug offenders
who are placed on suspended pursuant to Republic Act No.
9165.
Executive Order No. 292. Instituting the Administrative Code
of 1987 signed by the Pres. Cory C. Aquino on September 21,
1987, introduced new features of the probation law of 1967, to Module 5 -6 : RA 10707 (Probation Law)
wit:
PURPOSE:
a. promote the correction and rehabilitation of an
1. Changed the name of the agency, probation administration offender by providing him with individualized
as provided for by 968, to PAROLE AND PARDON treatment;
ADMINISTRATION (PPA). b. provide an opportunity for the reformation of a
penitent offender which might be less probable if he
were to serve a prison sentence; and
2. Transferred the supervision of parolees and pardonees from c. prevent the commission of offenses.
the Municipal Courts to the Parole and Probation
Administration. ● 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.
3. Created the technical services under the Office of the
● Probationer - means a person placed on probation
Administrator which shall serve as the service arm of the
● Probation Officer - means one who investigates for the
Board of Pardon and Parole in the supervision of the parolees
court a referral for probation or supervises a probationer
and pardonees.
or both.

GRANT OF PROBATION –
4. Executive Order No. 292 also mandated the parole and ● No application for probation shall be entertained or
probation administration to perform the following function: granted if the defendant has perfected the appeal from
the judgment of conviction.
a) Administer the parole and probation system
- Provided, that when a judgment of conviction
b) Exercise general supervision over all parolees and imposing a non-probationable penalty is appealed or
pardonees. reviewed, and such judgment is modified through
the imposition of a probationable penalty, the
c) Promote the correction and rehabilitation of offenders, and defendant shall be allowed to apply for probation
based on the modified decision before such decision
d) Such other functions as may be hereafter be provided by
becomes final.
law
● The accused shall lose the benefit of probation should he
seek a review of the modified decision which already
imposes a probationable penalty.
Former President Fidel V. Ramos meanwhile declared July ● Probation may be granted whether the sentence imposes
18-24 every year as Parole and Probation week No. 405 issued a term of imprisonment or a fine only.
on July 13, 1994. ● The filing of the application shall be deemed a waiver of
the right to appeal.
● An order granting or denying probation shall not be explain his failure – he shall be cited in contempt
appealable.
- Although an order denying probation is not POST SENTENCE INVESTIGATION REPORT,
appealable, THE ACCUSED MAY FILE A DEFINED:
MOTION FOR CERTIORARI FROM SAID ● A report of the Parole and Probation Officer after
ORDER. conducting post sentence investigation and interviews
containing the circumstances surrounding the offense for
PETITION FOR PROBATION (Where and when shall the which the petitioner was convicted.
application be filed) Findings should be drawn FROM:
Must be filed: - court records, police records, statement of the
- directly with the Court which sentenced the accused defendant, aggrieved party or other persons who may
- w/in 15 days FROM date of promulgation of the know the accused and all other matters material to the
decision convicting the accused (within the period to petition.
appeal) Includes:
Otherwise: - The psychological and social information regarding
- the judgment shall become final and the probationer; evaluation of the petitioner;
- the accused shall be deemed to have waived his right suitability for probation; his potential for
to probation rehabilitation;
(HOW TO APPLY FOR PROBATION) It shall recommend either:
1. Filing the Application - To deny or grant the probation
a) The application for probation must be filed with the - If granted, it shall recommend the program for
court that sentenced the individual within 15 days supervision and suggested terms or conditions of
from the date of sentencing. The application should probation
be in writing and must explicitly express the desire
to be placed on probation. CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
2. Probation Officer’s Investigation
- The Court shall consider all information relative, to
a) Upon receipt of the application, the court assigns a the character, antecedents, environment, mental and
probation officer to investigate and provide a physical condition of the offender, and available
recommendation. The investigation includes institutional and community resources.
evaluating the offender’s backgound, character, and
circumstances. PROBATION SHALL BE DENIED IF:
3. Court Decision a. the offender is in need of correctional treatment that
a) The court reviews the the probation officer’s report can be provided most effectively by his commitment
and decides whether to grant or deny probation. If to an institution; or
granted, the court specifies the conditions of b. there is undue risk that during the period of probation
probation, which may include restrictions on travel, the offender will commit another crime; or
mandatory community service, or regular reporting c. probation will depreciate the seriousness of the
to the probation officer offense committed.
4. Appeal
a) If probation is denied, the applicant can appeal the DISQUALIFIED OFFENDERS:
decision to a higher court. However, the court’s a. sentenced to serve a maximum term of imprisonment
decision is typically based on the findings of the of more than 6 years;
probation officer and the nature of the crime. b. convicted of any crime against the national
security;
c. who have previously been convicted by final
EFFECT OF FILING OF PETITION FOR PROBATION:
judgment of an offense punished by imprisonment of
1) Upon filing, the court shall suspend the execution of
more than 6 months & 1 day and/or a fine of more
sentence.
than P1,000.00
2) Filing of a petition for probation shall be deemed a d. who have been once on probation under the
waiver of the right to appeal provisions of this Decree; and
- In case an appeal is already filed, filing such petition e. who are already serving sentence at the time the
shall be deemed a withdrawal of the appeal. substantive provisions of this Decree became
applicable.
PRIVILEGES GIVEN TO THE ACCUSED PENDING
RESOLUTION OF THE PETITION FOR PROBATION ADDITIONAL NOTES:
● IF the accused, prior to the promulgation of decision of - Those convicted of RA 9156 - Dangerous Drugs Act
conviction is out on bail: of 2002
- he may be allowed on temporary liberty under his - Those convicted of violation of election laws.
bail filed in said case - Those entitled to benefits under PD 603 or Child and
● IF he is under detention upon motion, he may be allowed Youth Welfare Code and related laws.
temporary liberty, - Those who have perfected an appeal (probation and
● IF he cannot post a bond: appeal are mutually exclusive remedies)
- He shall be released on a recognizance of a
responsible member of a community who shall “MANDATORY” CONDITIONS OF PROBATION
guarantee his appearance whenever required by the 1. To present himself to the probation officer
court. concerned for supervision within 72 hours from
● IF he cannot be produced by such custodian on receipt of said order and
recognizance: 2. to report to the probation officer at least once a
- Custodian shall be asked to explain why he should month during the period of probation.
not be cited for contempt
- Summary hearing shall then be held “OTHER” CONDITIONS OF PROBATION
- If custodian does not produce the accused or does not 1. Cooperate with a program of supervision;
 2. Meet his family responsibilities; nor more than 2x the total number of days of subsidiary
3. Devote himself to a specific employment and not to imprisonment as computed at the rate established, in Art.
charge said employment without prior written 39, RPC, as amended
approval of the probation officer;
4. Comply with a program of payment of civil liability MODIFICATION OF CONDITION OR PERIOD OF
to the victim of his heirs; PROBATION
- The court, on motion, OR motu propio may modify the
5. Undergo medical, psychological or psychiatric
conditions or the period of probation as circumstances may
examination and treatment and/or enter and remain in
warrant
a specific institution, when required for that purposes;
6. Pursue a prescribed secular study or vocational EFFECT OF TERMINATION OF PROBATION
training; - The final discharge of the probationer shall operate
7. Attend or reside in a facility established for to:
instruction or recreation of persons on probation; 1. restore to him all civil rights lost or suspended as a
8. Refrain from visiting houses of ill-repute; result of his conviction and
9. Abstain from drinking intoxicating beverages to 2. to totally extinguish his criminal liability as to the
excess; offense for which probation was granted.
10. Permit the probation officer or an authorized social
worker to visit his home and place of work; AMENDMENT TO SECTION 4 OF PD 968
The trial court may:
11. Reside at premises approved by the court and not to - after it shall have convicted and sentenced a
change his residence w/o prior written approval; and defendant, and
12. Satisfy any other condition related to the - upon application by said defendant w/in the period to
rehabilitation of the probationer and not unduly appeal,
restrictive of his liberty or incompatible with his
freedom of conscience. suspend the execution of the sentence AND
13. Plant trees (see circular of the SC) place the defendant on probation for such period and
upon such terms and conditions as it may deem best;
FAILURE TO COMPLY WITH CONDITIONS OR PROVIDED that no application for probation shall be
COMMISSION OF ANOTHER OFFENSE entertained or granted:
- He shall serve the penalty imposed for the offense - IF the defendant has perfected the appeal from the judgment
under which he was placed on probation. (order for of conviction.
re-arrest).
- If the violation is established, the court may revoke or ● Probation may be granted whether the sentence imposes a
continue his probation and modify the conditions term of imprisonment or a fine only.
thereof. ● An application for probation shall be filed with the
o If revoked, the court shall order the TRIAL COURT.
probationer to serve the sentence originally
● The filing of the application shall be deemed a waiver of
imposed. An order revoking the grant of
the right to appeal.
probation or modifying the terms and
conditions thereof shall not be appealable. ● An order granting or denying probation shall not be
appealable
RULES ON OUTSIDE TRAVEL OF PROBATIONER
- A probationer who desires to travel outside the Note: A person who was sentenced to destierro cannot apply
jurisdiction of the city or provincial probation officer, for probation.
MUST SEEK THE PERMISSION OF: Reason: it does not involved imprisonment or fine. (PD 1990)
● IF for NOT more than 30 days:
- The parole and probation officer CONFIDENTIALITY OF RECORDS OF PROBATION
● IF for MORE than 30 days: GR: The investigation report and the supervision and history
- The parole and probation officer + the court of a probationer:
- shall be privileged and
EFFECT OF APPEAL BY THE ACCUSED OF HIS - shall not be disclosed directly or indirectly to anyone
CONVICTION other than the probation administration or the court
● IF the accused appeals his conviction:
1) For the purpose of totally reversing his conviction XPN: Any government office may ask for the records of
OR probation from the court or the administrator for its official
2) EVEN if the appeal is only with respect to the penalty use
(on the ground that it is excessive or wrong or is
probationable) NOTE: The court which granted the probation or where the
He is deemed to have waived his right to probation. probation was transferred may allow the probationer or his
If already filed, then it is an abandonment of such petition lawyer to inspect such documents, whenever such disclosure
for probation. may be desirable or helpful to them.

VIOLATION OF CONFIDENTIAL NATURE OF

PERIOD OF PROBATION: PROBATION REPORTS (Sec 29, PD 968)
a. The period of probation of a defendant sentenced to a Penalty:
term of imprisonment of: - imprisonment (6 months and 1 day TO 6 years) and
- not more than 1 year shall not exceed 2 years, and - fine (hundred to 6K pesos)
- in all other cases (1 year and above), said period
shall not exceed 6 years.
b. When the sentence imposes a fine only and the offender
is made to serve subsidiary imprisonment in case of JURISPRUDENCE
insolvency, the period of probation shall not be less than
UNDERLYING PHILOSOPHY OF PROBATION offense committed and the concomitant degree of penalty
● The underlying philosophy is indeed one of liberality imposed.
towards the accused. It is not served by a harsh and
stringent interpretation of the statutory provisions. Note: Those sentenced to a maximum term NE 6 yrs are not
● Probation is taken towards the deterrence and minimizing generally considered callous, hard core criminals, and thus
of crime and the humanization of criminal justice. may avail of probation
● The right of appeal should not be irrevocably lost from
the moment a convicted accused files an application for
probation. Appeal and probation spring from the same
policy considerations of justice, humanity, and
compassion.

PROBATION IS NOT A RIGHT BUT A PRIVILEGE

● Probation is a mere privilege and its grant rests solely
upon the discretion of the court. This discretion is to be
exercised primarily for the benefit of organized society
and only incidentally for the benefit of the accused.
● Even if a convicted person is not disqualified, the grant of
probation is nevertheless not automatic nor ministerial;
a petition for probation may be denied by the Court.

MAIN CRITERION FOR DETERMINING WHO MAY

BE GRANTED PROBATION
● The main criterion: Based on the penalty imposed and
NOT on the nature of the crime.
- The reason given by a judge for denying a petition for
probation that, "probation will depreciate the
seriousness of the offense committed" would thus be
writing into the law a new ground for disqualifying a
first-offender from the benefits of probation.

WHEN TO FILE A PETITION FOR PROBATION

● Accused must file the petition: w/in the period for appeal.
● IF the decision of conviction has become final and
executory: the accused is barred from filing such
petition.

EFFECT OF FILING PETITION FOR PROBATION

1. Filing makes a judgment of conviction final.
- HOWEVER, the judgement is not executory until the
petition for probation is resolved.
2. The filing of such petition is a waiver by the accused of
his right to appeal the judgement of conviction.

MULTIPLE CONVICTIONS IN SEVERAL CASES IS

STILL PROBATIONABLE - IF THE PENALTY FOR
EACH CONVICTION IS PROBATIONABLE
- The law does not intend to sum up the penalties
imposed but to take each penalty, separately and
distinctly with the others.
- Each crime committed on each date of each case, as
alleged in the informations, even if one was charged
of different crimes by different complainants,
committed on separate days is probationable

● IF each prison term imposed on petitioner was

probationable.

CUT OFF POINT OF PROBATION: MAXIMUM OF 6

YEARS IMPRISONMENT
Reason: Fixing the cut-off point is based on the assumption
that those sentenced to higher penalties pose too great a risk to
society, not just because of their demonstrated capability for
serious wrongdoing but because of the gravity and serious
consequences of the offense they might further commit.

The Probation Law disqualifies:

- Only those who have been convicted of grave
felonies Art. 9
- and not necessarily those who have been convicted of
multiple offenses in a single proceeding
Basis of the disqualification: is principally the gravity of the