Non Institutional Correction
Non Institutional Correction
Non Institutional Correction
CHAPTER I
COMMUNITY-
BASE
CORRECTIONS
Community-based Approach
to Corrections
as a way to decongest the prisons
involve the Public Attorney’s Office
and the national prosecution service
effecting the immediate release of
detainees either on bail or recognize
and giving priority to the trial of
detainees who cannot be released
on bail or recognizance.
Advantages of community-
based corrections are:
1. 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 ;
2. Rehabilitation will be more effective as the convict
will not be exposed to hardened criminals in prison
who will only influence him to a to a life crime;
3. Rehabilitation can be monitored by the community
thus correction can be more effective;
4. Cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government.
The Philippines has its unique and
indigenous way of setting disputes and
treating offenders at its smallest political
unit level-the village or barangay. The
system is called Katarungang Pambarangay.
The formal petition for Executive Clemency shall state the name of the petitioner, his age,
previous criminal record if any whether Filipino citizen or an alien and if a naturalized Filipino
his former nationality and date of naturalization., his previous occupation, place of residence ,
the crime for which he was convicted, the sentencing court, his sentence and the
commencement thereof, the jail or prison to which he was committed and/or where he is
presently confined, and the grounds upon which clemency is being asked.
The petition for absolute pardon shall be accompanied by the following requirements.
1. affidavits of at least (2) responsible members of the community where the petitioner
reside. 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
petitioners occupation and the community service he has rendered, if any ; and
2. the clearance from the police, courts and prosecutors office where the petitioner resides.
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 Commissions
on Elections, in case of violations of 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.
A petitioner shall be eligible for the grant of Executive Clemency if he meets th efollowing
minimum requirements.
1. For communication of sentence, the petitioner must have served at least one third (1/3) of the
minimum of his indeterminate sentence, or the following portions of his prison sentence
consisting of Reclusion Perpetua (Life Improsinment).
a. at least ten (10) years if convicted of robbery with Homicide, Robbery with Rape or
kidnapping with Murder.
b. At least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of Anti-
drug law.
c. At least twelve (12) years if given two (2) or more sentences for Reclution perpetua;
d. At least twenty (20) years in case of one (1) death sentence which was automatically
commuted to Reclution Perpetua and.
e. At least twenty five (25) years in case of two (2) sentence for Reclution Perpetua, provided
that at least one (1) of the sentences had been automatically commuted from a death
sentence.
2. For conditional pardon, the petitioner must have served at least one half (1/2) of the minimum
of hi indeterminate sentence or the following portions of his prison sentence.
a. at least two (2) years of minimum sentence if convicted of murder or parricide but not
sentenced to reclusion perpetua.
b at least one (1) year of minimum sentence if convicted homicide.
c. at lest nine (9) months if convicted of frustrated Homicide
d. at least sic (6) months if convicted of attempted homicide.
3. For absolute pardon, the (10) years must have a elapsed from the date of release of the
petitioner from confinement or five (5) years from the date of expiration of his maximum
sentence, whichever is more beneficial to him
In acting on petitions for executive clemency, the BPP shall consider among others, the
age, of the petitioner, the gravity of the offense and the manner in which it was committed,
and the institutional behavior or conduct and previous criminal record, if any, or the
petitioner.
However, the following category of prisoners shall not be considered for communication of
sentence or conditional pardon.
In petitions for executive clemency cases, the director of corrections shall forward the prison
and carpeta of a prisoner/petitioner to the Board of Pardons and Parole within the following
periods.
1. Absolute Pardon- within 1(1) month from receipt by the director of the request made by the
board for the prison record and carpeta.
2 Communication of Sentence- at least 1 (1) month before the expiration of one(1/3) of the
minimum period of the prisoner indeterminate sentence and in special cases at least one (1)
month before the periods becomes qualified.
3 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.
Parole
The release of prisoners before the expiration of his maximum sentence is what is called
Parole. The 1957 National Conference on Parole has defined it as “ a method of selectivity
releasing an offender from institution prior to completion of his maximum sentence,
subject to conditions specified by the paroling authority a method whereby society can be
protected and he offender can be provided with a continuing treatment and supervision in
the community.
The Board of Pardons and Parole is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant, except in cases of
impeachment, reprieves communication and pardons, after conviction by final judgment.
BPP is composed of seven (7) members all appointed by the President of the Philippines
with the Secretary of Justice acting as Chairman. In practice, however one of the
Undersecretaries of Justice is serving as Acting Chairman. The law requires that the six
board members should include a sociologist, a clergyman, an educator, a lawyer, a
penologist, and at least one (1) woman.
Parole is freedom extended to incarcerated offenders even before the expiration of his sentence
if the offender can show that he had been converted into a respectable, law-abiding citizen.
A prisoner is eligible for parole once the inmate had served the minimum sentence, less GCTA
earned, of his indeterminate prison sentence the maximum period of which exceeds one (1)
year except under the following circumstances.
The Board of Pardons and Parole shall not consider the release on parole of national prisoner
who is serving sentence in a municipal, city or provincial jail unless the confinement is said jail
is in good faith or due to circumstances beyond the priosners control.
A parolee/pardonee may not transfer from the place of residence designated in his Released
Document without prior written approval of the BPP. To secure such approval, a written
application in the form prescribed by the BPP shall be filed by the parolee/pardonee with his
parole and probation officer at least fifteen (15) days before the requested transfer. The
application together with the recommendation of the parole and probation officer, will be
forwarded to the BPP for appropriate action.
In case of the parolee’s/ pardonee’s death, the parole and probation officer shall transmit to
the BPP certified true copy of the death certificate.
Upon expiration of the maximum sentence of the parolee/pardonee, the BPP may, upon
recommendation of the PPA, issue a Certificate of Final Release and Discharge (CFRD) to a
parolee or recommend to the President that a similar certificate be issued to a pardonee. Police,
court and prosecutor and such other clearance as may required by the BPP shall be attached to
the PPA recommendation. A certified tru copy of the CFRD shall also be furnished the
sentencing court.
CFRD finally releases the parolee/pardonee from the conditions he is obligated to comply.
However, the accessory penalties which have not been expressly remitted in the Certificate
shall continue considerations.
The BPP grant parole or conditional pardon under special considerations for the following to
subsist.
1. old age, provided the inmate is below sixty (60) years of age when crime was committed.
2. physical disability such as when the petitioners is bedridden, deaf-mute, a leper, cripple or
blind provided such physical disability is not present when the crime was committed.
3. serious illness duly certified by a government physician
4. similar circumstances which show the continued imprisonment will be inhuman or will pose
grave danger to the life of petitioner.
Following factors will be considered by the BPP in granting parole or conditional pardon.
1. evidence that petitioner will find legitimate source of livelihood upon release.
2. petitioner has a place to establish residence: and
3. availability of after-care services for old, seriously ill or physically disabled petitioner.
Aliens granted parole or pardon by the BPP shall be turned over to the bureau of immigration
and deportation for disposition documentation and appropriate order.
In case the petitioner has co-accused the prison record carpeta and other relevant documents of
the petitioner’s co-accused shall also be considered.
Any member of the BPP or government official authorized by the BPP may interview inmates
in prison and jails to determine whether or not they may released on parole or granted
executive clemency.
Before an interview, the board may require a prisoner convicted of a heinous crime as defined
under Republic Act NO. 7659 and other special laws to undergo psychological/ psychiatric
examination if the prisoner has a history of mental instability or in any case.
A Parole or pardon may be cancelled by the BPP if it is found that material information
furnished by the parolee/pardonee either before or after release, was incomplete or
parolee/pardonee had willfully or maliciously concealed material information from the BPP.
GENERAL PROVISIONS
Rule 1.2 Definition of Terms- As used in these Rules unless the context indicates
otherwise-
a. Board refers to the board of parolee and pardonee
B. Carpeta refers to the institutional record of an inmate which consists of his mittimus or
commitment order issues by the court after convictions, the prosecutors information and the
decisions of the trial court and the appellate court, if any certificate of non-appeal certificate of
detention and other pertiment documents of the case.
C. “Director” refers to the Director of the Bureau of Corrections.
D. Parole refers the conditional release of a prisoner from a correctional institution after he has
served the minimum of his prison sentence.
E. Parole Supervision- refers to the supervision/ surveillance by the probation and parole
officer of a parolee.
F. Parole refers to a prisoner who is released on parole.
G. Penal Superintendent- refers to the Officer-In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of Bureau of Corrections.
H. Prison Record- refers to information concerning an inmate personal circumstances, the
offense he committed the sentence imposed the criminal case number in the trial and appellate
the date he was received for confinement the place of confinement the date of expiration of the
sentence the number of previous convictions if any and his behavior or conduct while prison.
I. Probation and Parole Officer refers to the Probation and Parole Officer undertaking the
supervision of the parolee.
J. Regional Director refers to the Head of the Parole and Probation Administration in region
K. Release Document refers to the Discharge on Parole issued by the board ;and
L. Warden refers to the Officer –In-Charge of the Provincial, City, Municipal or District Jail.
RULE 2
RULES IN CONSIDERING PAROLE CASE
Rule 2.1. Eligibility for Review of A Parole Case – prisoner’s case shall be eligible for review
by the board unless.
a. The prisoner is confined in prison or jail to serve an indeterminate sentence the maximum
period of which exceeds one (1) year, pursuant to a final judgment of conviction which has
become final and executory ; and
b. He has served the minimum period of said sentence.
Rule 2.2. Disqualification for Parole – Pursuant to among others, Section 2 of Act No. 4103 as
amended otherwise knows as “Indeterminate Senate Law” said Act shall not apply and
parole shall not be granted to the following prisoners.
c. Those convicted of an offense punished with the death penalty reclusion perpetua of life
imprisonment.
d. Those convicted of treason conspiracy or proposal to commit treason or espionage.
C. those convicted of misprison of treason, rebellion, sedition or coup d’ etat.
D. those convicted of piracy or mutiny on the high seas on philippine waters.
E. those are habitual delinquents, be 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 of
offender.
F. those who escaped from confinement or evaded sentence.
G. those who having been granted conditional pardon by the president of the Philippines shall
have violated and of the terms thereof.
H. those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence.
I. those suffering from any mental disorder as certified a government psychiatrist/
psychologist;
J. those whose conviction is on appeal or has not yet become final and executory.;
In case the prisoner has one or more co-accused who had been convicted, the Director/
Warden concerned shall forward their prison records and carpetas at he same time.
K. those who have pending criminal case/ s.
L. those national prisoners serving sentence in a municipal city district or provincial jail unless
the confinement in said jail is in good faith or due to circumstances beyond the prisoner’s
control.
Rule2.3 Review Upon Petition or Mota Propio; Form and Contents of Petition- a parole case
may be reviewed by the board upon petition or motu propio. Where a petition shall
substantially comply what that prescribed by the board and shall clearly show the following.
a. That the prisoners case eligible for review by the board.
b. That is not disqualified from being granted parole.
Part C. Procedure
Rule 2.4 Transmittal of carpeta and prison record – the Director or warder concerned shall
send a prisoner’s prison record and carpeta to the board at least one (1) month prior to the
date when his case shall be eligible for review.
Rule 2.5. Publication of Names of Prisoners Being Considered for Parole – The board shall
cause the publication in newspaper of general circulation the names of prisoners convicted of
heinous crimes or those sentenced to reclusion perpetua of life imprisonment and those
sentence has been commuted to an indeterminate prison term and may be considered for
release on parole.
Rule 2.6 Notice to Offended Party – I n addition to the publication in a newspaper of national
circulation the offended party or his immediate relatives in the event that the offended party is
unable or otherwise not available shall be notified personally or by registered mail and given a
period of thirty (30) days from notice within which to communicate to the board regarding the
contemplated grant of parole to the prisoner.
Rule 2.7 Deferment of Parole when Safety Compromised – if based on the report on pre-parole
investigation conducted on the prisoner, there is clear and convincing evidence that his release
on parole will endanger his own life those of his relatives or the life, safety and well being of
the victim his relatives his witnesses and the community, the release of the deferred until the
danger ceases.
Rule 2.9. Grant of Parole- the Board may grant a prisoner parole based on reports regarding
the prisoner’s work and conduct and on the study and investigation by the board itself and it
finds the following circumstances are present.
A. That the prisoner is fitted by his training for release.
B the there is reasonable probability that if release he will live and remain at liberty without
violating the law and
C. that his release will not be incompatible with the welfare of society.
Rule 2.10 Meetings – the board shall meet in executive session regularly or upon the call of the
Chairman.
Rule 2.11 Quorum – A majority of all the members of the board shall constitute a quorum.
Rule 2.12 Board Action - A majority of the members of the board, constituting a quorum, shall
be necessary to support a decision of the board or to carry out any action. However in order to
grant parole, to modify any of the terms and conditions appearing in a Release Documents, to
order the arrest and recommitment of a parolee, and to issue certificate of final Release and
discharge to a parolee, and decision or action must be supported by at least four (4) votes of
the members of the board.
RULE 3
RULES AFTER GRANT OF PAROLE
Part A. Parole supervision
RULE 3.1 Release, form of release Document - A prisoner shall be
released upon the grant of parole.
RULE 3.2 Transmittal of Release Document - The Board shall send a
copy of the release Document to the prisoner through the Director of
Corrections or warden of the jail where he is confined.
RULE 3.3 Parole Supervision - After release from confinement, the
parolee shall be placed under the supervision of the probation and
parole officer specified in the release document so that the former
may be guided and assisted towards rehabilitation.
RULE 3.4 Presentation of probation and parole officer - Within the
period prescribed in this release Document, the parolee shall present
himself to the probation and parole officer specified in the released
document for supervision.
RULE 3.5 Arrival report - Within fifteen (15) working days
from the date when the parolee reported for
supervision, the probation and parole officer concerned shall inform
the board, through the technical service of the parole and probation
Administration, of such fact.
RULE 3.6 Mandatory Conditions of Supervision - It shall be mandatory
for a parolee to comply with the terms and conditions appearing in the
release Document.
RULE 3.7 Review and Modification of Conditions - Board may, Motu
proprio or upon recommendation for the probation and parole officer,
revise or modify and terms and conditions appearing in the release
Document.
RULE 3.8 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.
RULE 3.9 Outside Travel - A chief probation and parole officer May
Authorize a parolee to travel outside his area of operational
jurisdiction for a period of not more than thirty (30) Days.
RULE 3.10 Travel Abroad and / or Work Abroad - Any parolee under
RULE 3.11 Death of Parolee - If a parolee dies during parole
supervision, the probation and parole officer shall immediately
transmit a certified true copy of the parolee’s death certificate to the
board recommending the closing of the case.
Part B. Infraction/Violation of the Terms and conditions of the Release
Document.
RULE 3.12 Reports - the probation and parole officer concerned shall
submit the following reports of the board.
RULE 3.13 Arrest of parolee – Upon receipt of an infraction report, the
board may order the arrest or recommitment of the parolee.
RULE 3.14 Effect of recommitment of parolee – The parolee who is
commitment to the 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.
RULE 3.15 Withdrawal of release Document – The Board may
recommended the withdrawal of the release document if it
finds that material information given by the parolee of the
board,either before or after release, was false, or incomplete or that
the parolee had willfully or maliciously concealed material informtion
from the board.
PART C. Termination of parole supervision
RULE 3.16 Summary Report – After the expiration of the maximum
sentence of a parolee, the probation and parole officer concerned shall
submit to the Board, through the chief probation and parole Officer, a
summary report on his supervision of a parole.
RULE 3.17 Certificate of final Release and Discharge – Upon receipt of
summary report, the board shall, upon the recommendation of the
chief probation and parole officer that the parolee has substantially
complied with all the conditions of his release document, issue to the
parolee a certificate of final Release and discharge.
RULE 3.18 Effect of Certificate of Final Release and Discharge – Upon
the issuance of a certificate of final release and discharge, the parolee
shall be finally released and discharge from the conditions appearing
in his release document.
RULE 3.19 Transmittal of Certificate of Final Release and
officer concerned, the bureau of corrections, the NBI, the PNP, and the
office of the probation.
RULE 4
REPEALING AND EFFECTIVITY CLAUSES
RULE 4.1 Repealing Clause – The Rules and regulations of the board of
Pardons and parole dated 20 December 1989 and the revised rules and
regulations of the board of Pardons and parole dated 26 November
2002 are hereby repealed, and all other existing rules, regulations and
resolutions of the which are inconsistent with this rules are likewise
repealed or amended accordingly.
RULE 4.2 Effectivity Clause – These Rules shall take upon approval by
the secretary of justice and fifteen (15) days after its publication in a
newspaper of general circulation.
GENERAL GUIDELINES FOR RECOMMENDING EXECUTIVE CLEMENCY
GENERAL PROVISIONS
SECTION 1. Plenary Power of the president to Grant Executive
Clemency - Under Section 19, Article VII of the Constitution, except in
cases of impeachment, or as otherwise provided in the constitution,
SECTION 2. Consideration of cases for Executive Clemency – The board
may consider cases for executive clemency upon petition, or referral of
the office of the president, or motu proprio.
SECTION 3. Extraordinary Circumstances –grant of executive clemency
only when there exist extraordinary circumstances such that the strict
application of the law will result to manifest injustice.
SECTION 4. Petition - when the petition is filed by, or on behalf of, a
prison, the form of said petition shall substantly comply.
PROCEDURE
SECTION 5. Referral to Government Agencies - The board may, in its
discretion, refer a petition for executive clemency to probation and
parole officer who shall submit within thirty (30) days form receipt of
referral a repot on the behavior character antecedents, mental and
physical condition of the peetitioner, and the results of the national
bureau of investigations record check.
SECTION 6. Transmittal of carpeta and prison Record - The Director or
warden concerned shall forward the prison record and carpeta of a
prisoner being considerd for executive clemency.
SECTION 7. Notice to convicting trial judge, procecutor's office, and
offended party - In all cases when a prisoner is being considered for
executive clemency .
SECTION 8. Publication of Names of those Being Considered for
Executive Clemency – The bureau shall cause the publication in a
newspaper of national circulation the names of prisoners who are
being considered for executive clemency.
PROCEEDINGS OF THE BOARD
SECTION 9. Board Deliberation – Any matter pertaining to executive
clemency, including petitions for executive clemency, shall be decided
by the board only after deliberate during a meeting where there is a
quorum.
SECTION 10. Board Meetings – The board shall meet once a week, of
oftener upon call by the chairman, too deliberate matters pertaining to
executive clemency. SECTION 11. Quorum – A majority of all the
members of the board shall constitute quorum.
SECTION 12. Contents of Minutes of Board Meeting – The minutes of
the meeting of the board shall show the votes of its individual
filed, the board shall consider the same and may, in its discretion,
require the opposition to submit supporting evidence.
SECTION 14. Documents to be Considered – In determining the
whether there exist extraordinary circumstances such as the strict
application of the law will result in manifest injustice.
SECTION 15. Board Recommendation, Resolution and Certification. –
At least four (4) vote of the member of the board shall be necessary to
recommend the grant of executive clemency said recommendation
shall be contained in a resolution of the board to be submitted to the
office of the president.
SECTION 16. Supporting Documents – The board shall submit all
relevant documents to the office of the presidents long with its
resolution recommending the grant of executive clemency.
GUIDELINES AFTER GRANT OF EXEECUTIVE CLEMENCY
SECTION 17. Implementation of President’s Grant of Executive
Clemency – Upon receipt from the office of thee president of the
documents evidencing the president’s grant of executive clemency.
SECTION 18. Certificate of Release – When the grant of parole of
executive clemency entitles the prisoner to be released from prison.
SECTION 19. Monitoring of Compliance with conditions
of Pardon – Where the president grants conditional pardon to a
prisoner.
SECTION 20. Presentation to Probation and Parole Officer – Within the
period prescribed in the document evidencing the president’s grant of
executive clemency, the prisoner shall present himself to the
probation and parole officer concerned.
SECTION 21. Arrival Report – The Probation and parole officer shall
submit his arrival Report to the board.
SECTION 22. Violation Report – If a prisoner granted conditional
pardon violates any conditions of his conditional pardon or commits
any serious deviation or non-observance of the obligations imposed
under the supervision program the probation and parole officer
concerned shall immediately submit a violation report to the Board.
SECTION 23. Infraction and Progress Report – If a prisoner granted
conditional pardon is charged with committing another offense during
the period of his supervision.
death certificate to the board recommending the closing of the case.
SECTION 25. Recommendation for Arrest of Prisoner for Violation of
Conditions of Pardon – Upon determination that a prisoner granted
conditional pardon has violated the conditions of his pardon, the
board shall recommend his arrest recommitment to the president.
SECTION 26. Summary Report – Upon the expiration of the period
stated in the document evidencing the president’s grant of executive
clemency, the probation and parole officer concerned shall submit to
the board, through the chief probation and parole officer a summary
report on his supervision of the prisoner. SECTION 27. Certificate of
Compliance with Conditional Pardon – Upon receipt of the summary
Report, The board shall upon recommendation of the chief probation
and parole officer that the prisoner granted conditional pardon has
complied with all the conditions of is pardon, issue to certificate to
compliance with conditional pardon.
SECTION 28. Transmitted of Certificate of compliance with Conditional
Pardon – The board shall forward a certified true copy of the
certificate of compliance with the conditional pardon to the prisoner.
immigration for disposition, documentation and appropriate action.
REPEALING AND EFFECTIVITY CLAUSES
SECTION 30. Repealing Clause – The portions pertaining to executive
clemency of the rules and regulations of the board of pardons and
parole dated 20 December 1989 and the Revised Rules and regulations
of the board of pardons and parole dated 26 November 2002 are
hereby repealed.
SECTION 31. Effectivity Clause. – Guidelines shall take effect upon
approval by the secretary of justice and fifteen (15) days after its
publication in a newspaper of general circulation.
PROBATION
Probation is another form of non-constitutional corrections
practices that gives a sentence convict the chance to reform and
rehabilitate himself without having to spend time in jails.
Who are disqualified for Probation?
1. Those sentenced to serve a maximum term of
imprisonment of more than six (6) years.
2. Those convicted of subversion or any crime against
National Security or the Public Order.
3. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and / or fine of
not less than two Hundred Pesos. (P200.00);
4. Those who have been once on probation under the
provisions of this Decree; and
5. Those who are already serving sentence at the time
substantive provisions of the Probation law became
applicable.
Difference between Parole and Probation
Parole is different from probation in that
parole is administrative function of the executive
branch of the government, while the probation is
a judicial function. In parole, the offender serves a
part of the sentence in prison before he is
released, while in probation, the convicted
offender does not need to go to prison at all. In
other words, parole is an extension of
institutional treatment while probation is a
substitute for imprisonment. Parole is granted by
the board, while probation is granted by the
judge. Both releases are conditional and subject to
supervision of a parole probation officer.
DIFFERENCES BETWEEN PAROLE AND
MANDATORY OR CONDITIONAL RELEASE