Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

CRIMINOLOGY DEPARTMENT
__________________________________________________________________________________________

NON-INSTITUTIONAL CORRECTIONS
Course Number: Correctional Administration 2 Instructor: Noime D. Petalino

Course Title: Non-Institutional Corrections Mobile Number: 09395797748

Module No.:1 Email Address:

noimepetalinorcrim
@gmail.com
Duration:2 week

I. LEARNING OUTCOMES
At the end of this lesson, you should be able to:
1. determine and discuss community-based corrections;
2. classify and discuss the different community-based corrections;
3. define and discuss Pardon and Conditional Pardon;
4. define and explain Amnesty, Reprieve, and Commutation of Sentence; and
5. determine concepts of Community-based Corrections.
II. TOPICS
1. NON-INSTITUTIONAL CORRECTIONS
2. COMMUNITY-BASED CORRECTION
3. EXECUTIVE CLEMENCY
 Pardon
 Conditional pardon
 Amnesty
 Reprieve
 Commutation of sentence
III. References
Foronda, Mercedes A. Correctional Administration 1 2 nd edition

IV. Course content

The Pillars of Philippine Criminal Justice System

 Before we start, it is essential to look back at correctional administration 1, our previous subject
about Institutional Corrections. The figures above show the flow of our Criminal Justice System in
the Philippines. When the moment that a crime is reported, the
LAW ENFORCERS OR POLICEMEN will conduct a thorough investigation, interview possible
witnesses, and interrogate suspects.
This is followed by the PROSECUTION, who will place the case by the evidence provided.
The COURT shall give the verdict, decision to the case.
The convicted are moved to institutional houses for CORRECTION. The offender will receive
treatment according to his need. After such time he is done serving his sentence,
he will be released to the COMMUNITY for he will be accepted as a re-born citizen, a member of
the society who needs acceptance just like a newborn child. If the person is found not guilty and
acquitted by the court, he will also be released to society.
CORRECTION - A branch of the Criminal Justice System concerned with criminal offenders'
custody, supervision, and rehabilitation. - It is that field of criminal justice administration that
utilizes the body of knowledge and practices of the government and the society, in general,
involving the processes of handling individuals who have been convicted of the offenses for
purposes of crime prevention and control.
It is 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.

INSTITUTIONAL
1. PD 968 – ADULT PROBATION
CORRECTION
LAW OF 1976
2. RA 9344 – JUVENILE JUSTICE
AND WELFARE ACT OF 2006
3. ART. VIII OF RA 9165 –
VOLUNTARY & COMPULSORY
SUBMISSION PROGRAM
4. RA 4103 – INDETERMINATE
SENTENCE LAW 1. RA 6975 – DILG ACT OF
CORRECTION 1990
2.ADMINISTRATIVE ACT OF
1987/E.O. 292 – BUREAU OF
CORRECTION

NON-
INSTITUTIONAL
CORRECTION

NON-INSTITUTIONAL CORRECTION
Not all convicted offenders have to serve their sentences behind bars. Some are allowed to stay
in the community, subject to conditions imposed by the government. They are either granted
Probation, Parole, Conditional Pardon, or Recognizance. A community-based approach to
corrections to decongest the prisons involves the Public Attorney's Office and the National
Prosecution Service affecting the immediate release of detainees either on bail or recognizance
and
giving priority to the trial of detainees who cannot be released on bail or recognizance. It
involves the efficient performance of the Board of Pardons and Parole in the granting of timely
release of prisoners and the effective supervision of released prisoners on parole or conditional
pardon and those under probation by the Probation and Parole Administration. Probation and
Parole are two forms of non-institutional or community-based corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES
The fact that our government is facing severe budgetary crises does not predict well for
the Criminal Justice System most particularly the Corrections Pillar, which is the last destination
of society's convicted offenders. With this cramped situation, our foreign lenders will also
downgrade our credit rating which has the inverse effect of increasing our interest rate payment.
Because of this, tax collections decrease, as our government is experiencing now while foreign
debt payments increase, and prices of supplies and equipment increase.
What is a Non-Institutional Correction?
Non- Institutional Correction refers to that method of correcting sentenced offenders
without having to go to prison. It focuses on modern community correctional programs of
rehabilitation, to the exclusion of punishment, deterrence, and incapacitation of criminal
offenders. In other words, the offender will serve his or her sentence outside the prison cell.
Question: How is it possible?
The offender will be serving his sentence outside the prison bars, but in profound conditions
given by the state, that he must abide all the time. Until such time the offender is reform.

Non-institutional corrections embraces any activity in the community directly aimed at helping
the offender become law-abiding citizen. It provides meaningful ties between offenders and their
local environment, that is, a genuine involvement of offenders with the local network of
relationships that provides most of the goods and services required by persons living in the
community.

Non-Institutional or community-based correction programs in 1970s to 1990s.

Community corrections includes:

 Diversion
 Restituion
 Probation
 Parole
 Halfway houses

What is the purpose of Community-based corrections, why do we have this kind of

correction? What is the aim of community corrections? Community 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.

The Pros and Cons

Institutional correction is not for everyone and may cause more harm and not good. (Alarid et al.,
2008)

What are the Advantages of Community-Based Corrections?

First, family members need not be victims for the imprisonment

of a member because the convict can continue to support his
family, not to be far away from his children; he or she can still
work for his family. The offender's family needs not suffer since
the offender will not be sent away from them and he will still be
able to go on with his life and livelihood, thereby enabling him
to support his family.

Second, 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; for as we know, prisons, jails, or
even cells where the irredeemable criminals are held create an
impact together with those first-time offenders. That they may
be able to adapt such uncontainable behavior.
Third, rehabilitation can be monitored by the community thus corrections can be made and more
effective; It is better because the reformation or development of such convicts will have a huge
advantage with the aid of the members of the community where he belongs. Acceptance is the
key.

Lastly, the cost of incarceration will be eliminated which is extremely beneficial especially to a
cash-strapped government. Yes, the budget is the most concern among them all. Why? Just
imagine half of the population choose to commit crimes because of one common factor which
is poverty. What will happen to our economy? To the government? The government cannot
afford everything free for those lawless criminals. That's why it is an aid to the government to
reform an offender outside prisons.

How about the disadvantage of it?

The community corrections and the prison system often compete for limited resources rather
than being considered parts of the same criminal justice model. Given its current 'soft on crime'
image, and it is often underfunded. Here in the Philippines, community-based corrections are
somehow related to this kind of problem.

SIGNIFICANCE OF COMMUNITY-BASED CORRECTION

1. Humanitarian Significance - today’s prison are inhumane places. Any person who has
spent time in prison even the newly constructed prison, knows too well that prison breeds
physical jeopardy, predatory homosexuality, violence, and loss of self-worth.
2. Restorative Significance – the restorative aspect of community corrections concerns
measures expected to achieve an integrated, non-criminal position for the offender in the
community.
3. Managerial Significance – the managerial aspect of communt-based corrections are
especially significant because of major difference in the costs of custody and those of
community programs.

EXECUTIVE CLEMENCY

In the Philippines, we do have 3 branches of government. The first one is the Legislative which is
the law-making body, that comprises 2 chambers, the upper house which is the senate, and the
lower house is the house of representative. The Judiciary branch is the courts and is headed by
the Supreme Court. Lastly, the Executive branch represents our Chief Executive or the President.
(Punong Ehekutibo)
Let's define the word Executive – it refers to the Chief Executive while the word Clemency in
other words it is forgiveness. It is the forgiveness given by the Chief Executive. Aligned with the
law and mandated by the Constitution, the power is vested to the President.

What is Executive Clemency?

It is the power to pardon or commute the sentence of someone convicted in that jurisdiction.

There are different forms of Executive Clemency that refer to the following:

1. Pardon
2. Parole
3. Reprieve
4. Commutation of Service Sentence
NOTE: these are some Executive Clemency used/apply here in the Philippines.

1. PARDON

is a form of executive clemency granted by the President of the Philippines as

a privilege extended to a convict as 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 the Presidential prerogative.

Two Kinds of Pardon:

1. Absolute Pardon
2. Conditional Pardon

1. What is Absolute Pardon?

This refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his civil and political rights and remits the
penalty imposed for the particular offense of which he was convicted. It is given without any
condition attached to it. Its grants carry with total extinction of criminal liability and are
designed for the following purposes:

— To do away with the miscarriage of justice. (Justice delay, justice denied)

— To restore the full political and civil rights of persons who have already served their sentence.

— To keep abreast of current philosophy in the administration of the criminal justice system.

Meaning, to avoid an unsuccessful outcome, especially due to mismanagement of fairness. The

pardonee can exercise his rights and can sort everything just like a typical member of society.

The Chief Executive will give you the chance/ privilege to be released into society without any
conditions. The total extinction of his turpitude in the eyes of the law.

Note:

For Absolute Pardon, after he has served his maximum sentence or granted final release and
discharge or court termination of probation. However, the Board may consider a petition for
absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government service; (2) needs
medical treatment abroad which is not available locally, (3) will take any government
examination; or (4) is emigrating

What are the Minimum Requirements for the Petition of Pardon?

For Absolute Pardon:

1. Ten (10) years must have elapsed from the date of release of the petitioner from
confinement or;

2. Five (5) years from the date of expiration of his maximum sentence, whichever is more
beneficial to him

However, the Board may consider a petition for absolute pardon even before the grant of final
release and discharge under the provisions of sec 6, Act no. 4103 as amended when the
petitioner:

— Is seeking an appointive/elective public position or reinstatement in the government service;

— Needs medical treatment abroad which is not available locally;

— Will take any government examination or immigrating

The following requirements shall accompany the petition for absolute pardon:

1.) Affidavits of at least two (2) responsible members of the community where the petitioner
resides. The affidavits shall, among others, state that the petitioner has conducted himself in a
moral and law-abiding manner since his release from prison and shall indicate the petitioner's
occupation and the community service he has rendered, if any, and

2.) The clearances from the police, courts, and prosecutors office where the petitioner resides.

For Conditional Pardon:

The petitioner must have served at least one-half of the minimum of his indeterminate sentence
for the following portions of his prison sentence:

a) At least two (2) years of the minimum sentence if convicted of murder or parricide but not
sentenced to reclusion Perpetua.

b) At least one (1) year of the minimum sentence if convicted of Homicide.

c) At least nine (9) months if convicted of frustrated Homicide;

d) At least six (6) months if convicted of attempted Homicide.

However, the following category of prisoners shall not be considered for conditional pardon:

1. The petitioner is eligible for parole;

2. The petitioner had been sentenced to another prison term within one (1) year from the
date of his last recommitment to the jail or prison from where he escaped;

3. The prisoner is suffering from mental illness or disorder as certified by a government

psychiatrist; and

5. The prisoner had violated a conditional pardon, which was previously granted before the
expiration of his maximum sentence.

Period of Petition
In a petition for Pardon, the Director of Corrections shall forward the prison record and carpeta of
a prisoner/petitioner to the Board of Pardons and Parole within the following periods:

a) Absolute Pardon- within one (1) month from receipt by the director of the request made by
the Board for the prison record and carpeta;

b) Conditional Pardon- at least one (1) month before the expiration of one-half (1/2) of the
minimum period of the prisoner's indeterminate sentence and in special cases, at least one (1)
month before the periods the petitioner becomes qualified.

Note:

A petition for the grant of either absolute or conditional pardon shall be favorably
endorsed to the Board by the Secretary of National Defense if the crime committed by the
petitioner is against national security such as rebellion, subversion, or sedition; or by the
Commission on Elections, in case of violations of any election laws, rules, and regulations.

An application for Executive Clemency shall not be considered during the pendency of an appeal
filed by the petitioner from the judgment of conviction.

2. What is a Conditional Pardon?

This 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.

The President of the Philippines also grants it to release an inmate who has been
reformed but is not eligible to be released on parole.

What are the limitations of the Pardoning Power?

— Pardon cannot be extended to cases of impeachment.

— No pardon may be granted in violation of any election law without favorable recommendations
by the Commission on Election.

— It may only be granted by the President after convicted.

When we say limitations, it means that there are only specific conditions of the status of a
convicted person to be qualified or to avail Pardon. For example, the convicted person/s is not
drawn out by any criminal proceeding in which a public official is charged with misconduct. Or he
is not violated any Election Code

What are the Conditions of Pardon?

— The pardonee should live in his designated residence and shall not change his residence
without obtaining consent from the board, for easy monitoring.

— In cases of temporary need to leave the residence, no permission is required but the
whereabouts should be given to the parole/ pardon officer. (Pardon/Parole officer – an official who
supervises pardonees and parolees.)

— The pardonee shall not indulge in any injurious or vicious habits and shall avoid persons and
places of disreputable character. As much as possible he should not engage in any depravity
from the moment he is granted such privilege.

— That the pardonee shall not commit any crime, which will be a ground for the termination of
his privilege to be granted of such executive clemency.

3. What is AMNESTY?

A special form of Pardon exercised by the President of the Republic. It is considered as the
general pardon extended to a certain class of people who are usually political
offenders. On the other hand, Amnesty needs the concurrence of Congress and the courts also
take judicial notice of the act by the President. It is only granted after the final sentence

Purpose of Amnesty
 -To hasten (accelerate) a country's return to political normalcy by putting behind it the
animosities of the past through a pardon that will open the door to living normal lives for
groups of people.
Who was qualified?
- Groups were once involved in political activities during certainly troubled times like war or
rebellion and by making a gesture of the state.

Philippine history

The Philippines likewise issued two amnesty proclamations in the past.

1. Issued under Presidential Proclamation No. 51 by then-President Manuel Roxas,
amnestying those who collaborated with the Japanese during World War II.
2. Issued under Presidential Proclamation No. 76 by the President Elpidion Quirino extending
amnesty to leaders and members of Hukbo ng Bayan Laban sa Hapon (HUKBALAHAP) or
Huk and Pambansang Kaisahan ng mga Magbubukid (PKM) which is an organization of
peasants fighting for agrarian reform and is part of the communist underground
movement.
Limitations
- Amnesty is for the crimes of Rebellion, Sedition, Illegal association, Assault, Resistance to
persons in authority, and illegal possession of firearms, which are all connected to the Huk
rebellion and illegal association with the PKM in their fight to distribute the big haciendas
in Central Luzon.
4. What is Reprieve?
- Like Pardon, Reprieve is also another prerogative exercised by the President of the
Philippines.
- It is the temporary stay of the execution of a sentence.
- Generally, it is applied to death sentences already affirmed by the Supreme Court. But it
can also be invoked in other cases that have become final.
- In death sentences, the date of execution of the sentence of the convict has held
abeyance (suspended) for a certain period to enable the Chief to temporarily hold back
the execution of the sentence.

Purpose of Reprieve
- A President usually resorts to this o resolve all his doubts and reservations and want to
establish that the convict truly deserves to be executed.
- It is also being widely exercised by the President on almost all death convicts because of
strong pressure from various lobby groups.
5. What is Commutation of Sentence?
- It refers to the reduction of the duration of a prison sentence.
- It is another prerogative of the President.
- It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or
shorter term.

Example:
a. Death sentences or life imprisonment is reduced to a shorter sentence. Whether it
can be one degree lower or two.
b. Qualified theft in which the penalty is the same whether the convict's crime is on
climbing a tree to get a few fruits to eat because he or she is very hungry. Even if a
sympathetic judge would desire to impose a lighter sentence, he could not do so
because of the unyielding dictates of the law.

Note: Commutation does not forgive the offender but merely reduces the penalty of
life imprisonment or death sentence for a term of years. It is also some kind of
leveling mechanics to temper or balance this rigidity that results in un-proportionate
punishments under the law.

Commutation of a sentence is resorted to because the law prescribes uniform punishment

for crimes regardless of how serious or how light the offense committed.
Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence,
which renders him or her ineligible for parole. It changes the original fixed sentence to an
indeterminate sentence, which will then enable the beneficiary to be released on parole.
Commutation is also appropriate to use with convicts sentenced to several counts. The
sentenced may be commuted to one single indeterminate sentence through commutation
and rendering the recipient to avail of parole after serving the minimum sentence.

*End of Module 1