Kim Rosary Sallinas-Gerodiaz, Rcrim, MSCJ Lecturer
Kim Rosary Sallinas-Gerodiaz, Rcrim, MSCJ Lecturer
Correction is one of the components of our Criminal Justice System. It is responsible for the supervision
and control of both persons deprived with liberty and prisoners.
Correction is one of the components of our Criminal Justice System. It is responsible for the supervision
and control of both persons deprived with liberty and prisoners.
Correction is one of the components of our Criminal Justice System. It is responsible for the
supervision and control of both persons deprived with liberty and prisoners.
Correctional Administration - the study and practice of a system of managing jails and prisons and
other institutions concerned with the custody, treatment and rehabilitation of criminal offenders.
Corrections - describes a variety of functions typically carried outby government agencies, and
involving the punishment, treatment, and supervision of persons who have been convicted of crime
Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or
serving short-term sentences
Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial
CORRECTIONAL SYSTEM
Alcatraz - a US federal penitentiary, often referred to as "The Rock”, the small island of Alcatraz
was developed with facilities for a lighthouse, a military fortification, a military prison (1868),
and a federal prison from 1933 until 1963.
Auburn Prison - Constructed in 1816, (opened 1819) it was the second state prison in New York, the
site of the first execution by electric chair in 1890. It uses the silent or congregate system.
Borstal System - rehabilitation method formerly used in Great Britain for delinquent boys aged 16 to
21. The idea originated (1895) with the Gladstone Committee as an attempt to reform young offenders.
The first institution was established (1902) at Borstal Prison, Kent, England.
Bridewell Prison and Workhouse - was the first correctional institution in England and was a
precursor of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was
given to the city of London to serve as the foundation for as system of Houses of Correction known
as “Bridewells.” These institutions, eventually numbering 200 in Britain, housed vagrants, homeless
children, petty offenders, disorderly women, prisoners of war, soldiers, and colonists sent to
Virginia.
Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes:
the punishment of the disorderly poor and housing of homeless children in the City of London.
Elmira Reformatory - located in New York, was originally a prison opened to contain Confederate
prisoners of war during the Civil War. It became known as a “death camp” because of the squalid
conditions and high deathrate in its few years of operation. Established 1876.
Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876
Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira
Reformatory for young felons. The Elmira system classified and separated various types of prisoners,
gave them individualized treatment emphasizing vocational training and industrial employment, used
indeterminate sentences.
Halfway House - a center for helping former drug addicts, prisoners, psychiatric patients, or others
to adjust to life in general society.
Mamertine Prison - was a prison (carcer) located in the Comitium in ancient Rome. It was originally
created as a cistern for a spring in the floor of the second lower level. Prisoners were lowered
through an opening into the lower dungeon.
Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were
awarded for good behavior, a certain number of marks being required for release.
GULAG
–the term Gulag of Igorot Mountain tribe according to the linguist, refers to a wooden-fence where
convicted felons were imprisoned by the elders.
–At the height of the Banawe Rice-Terraces construction, the tribe’s chieftain considers it a crime
for any able-bodied male who refuses to work at the terraces, if found guilty of such idleness, he
will be sent to the Gulag.
GULAG OF GERMANY
–this is infamous Gulag prison of Aleksandr Solzhenitsyn in Germany, where thousands of Jews were
man-slaughtered during the reign of Adolph Hitler.
GULAG OF RUSSIA
–this is synonymous for corrective labor camp, a penal institution established in 1918 after the
Russian Revolution. It was the most feared prison during the reign of Joseph Stalin on 1934 to 1947.
Banishment - a punishment originating in ancient times, that required offenders to leave the
community and live elsewhere, commonly in the wilderness.
Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is
burned into the skin of a living person, with the intention that the resulting scar makes it
permanent as a punishment or imposing masterly rights over an enslaved or otherwise oppressed
person.
Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of desires) is the
highest good and proper aim of human life.
Hulk - an old ship stripped of fittings and permanently moored, especially for use as storage or
(formerly) as a prison.
1.GARROTE
This became popular when three (3) friar’s priests, commonly addressed as GOMBURZA, were executed in
1872 by the Spanish colonial rulers for exposing the venalities of the church.
2.MUSKETRY
Our national hero, Dr. Jose Rizal, died due to the alleged rebellion to the Spanish government. Drug
Lord Lim Seng met his death sentence by firing squad in 1973 at Fort Bonifacio during Martial Law.
3.BEHEADING
Apprehended guerillas were beheaded by Samurai Sword at the Japanese Kempetei Garrison in 1943.
4.HANGING
The famous tiger of Malaysia Yamashita died of hanging from 13th footstep platform in 1946.
5.ELECTRIC CHAIR
The Muntinlupa electric chair has claimed more than seventy (70) offenders convicted of capital
offenses since its installation four (4) decades ago.
6.LETHAL INJECTION
While the 1987 Constitution abolished death sentence, however, Congress in 1996 passed RA 7659 as
amended by RA 8177 that imposes death penalty for heinous crime by lethal injection.
1. STONING
It is a form of execution wherein the condemned person is pelted with stones.
2. BEHEADING
A form of capital punishment practice in ancient Greece and Europe, the punishment is reserved for
offender of high rank and for notorious criminals. The condemned man’s neck is placed on the wooden
curved specifically designed for the purpose. Most often, the doomed-man is black hooded with both
hands tied at the back before his head is positioned at the chopping black. At a given signal the
head is axed and the severed head fall on the trunk provided therefore. Today, beheading continues
to be the method of executions for capital punishment in many Muslim countries including China.
3.CRUCIFIXION
A person convicted to death was nailed on the cross with both hands and feet to add ignominy to his
agony and humiliation. He was crowned with the specter of spines of vines in his head. Then the
Roman pears were thrusts to his flesh body and died of asphyxiation.
4.BURNING AT STAKE
Form of execution wherein the convict is tied in pole and then set on fire alive.
5.FEEDING TO THE LIONS
The offender is thrown in a lion’s den.
6.PILLORY
Bouvier’s dictionary defines pillory as a wooden machine, in which the neck of the doomed culprit is
inserted thereof and usually executed in public as a means of punishing offenders in Europe and
Colonial America. Pillory is a wooden frame with three (3) curved holes in it (two for the left and
right wrists and the middle-curved hole is for the neck) and mounted on the post upon a platform.
The condemned man is left to die at the mercy of unfriendly weather. Other similar form with holes
for the offender’s feet is called a STOCK.
7.DECAPITATION
Derived from the Latin word “DE” meaning FROM, and “CAPUT” meaning a HEAD. Instead of using an axe,
the method employed is by use of a sword and the practice is widespread in China and Muslim States.
8.FLAGELLATION
An X-designed log were cross-joined and declined at 65 degrees backward. The hooded doomed-man was
tied on the cross-x with both hands spread upward while the feet were spread apart. The con-man is
bare naked except in the skimpy short pants.
The whipping rod is made of stripped hard leather with brass button in laid across and embedded at
the tips. At the given signal, six men will whip 30 lashes each alternately and will continue,
except upon the intercession of the victim or the State. This intervention of the aggrieved party to
stop is tantamount to pardon and the man shall be released to freedom.
9.GARROTE
An iron collar attached upon a scaffold formerly used in Spain and Portugal. The convict is seated
on the improvised chair with both hands and feet tied. Then, the victim’s neck is placed on the
collar attached to it, finally, the iron collar is slowly tightened by the screw at the back chair
by the executioner until the death convict is pronounced dead. This method of execution was
abolished in the Philippines by virtue of Act 451.
10. GUILLOTINE
A device for cutting-off people’s head developed in 1972 by Dr. Joseph Ignacio Guillotin, a member
of the French National Assembly, he proposed that all executions must be uniform and painless.
12. HANGING
Mostly, the execution is conducted at dawn. The executioner will place a cloth over his head. Steel
weights are strapped to the legs of the death convict to ensure that he/she will die quickly. Then
the rope will be placed around the neck of the convict, and finally, the platform will be removed.
13. MUSKETRY
Most often, the convict is black hooded with hands tied and may face or snub the firing squad.
EARLY CODES
Hammurabi's Code - an ancient code which contain both civil and criminal law. First known codified
law prior to Roman law. Better organized and comprehensive than biblical law. One of its laws is lex
taliones (an eye for an eye)
Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections
of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian
I from AD529 to 565.
DAY 2
IMPORTANT PERSONALITIES
Alexander Maconochie - was a Scottish naval officer, geographer, and penal reformer. He is known as
the Father of Parole.
Cesare Beccaria - an Italian criminologist, jurist, philosopher and politician best known for his
treaties On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a
founding work in the field of penology and the Classical School of criminology
Charles Montesquieu - a french lawyer, who analyzed law as an expression of justice. He is famous
for his articulation of the theory of separation of powers, which is implemented in many
constitutions throughout the world.
Director Charles S. Mondejar - the first Chief of BJMP. He took his oath of office on July 1 of
1991.
James V. Bennett - was a leading American penal reformer and prison administrator who served as
director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest
advocates in the movement in persuading Congress to close Alcatraz and replace it with a new
maximum-security prison, eventually successful in 1963 when it closed.
Jean Jacques Villain - pioneered classification to separate women and children from hardened
criminals.
Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but
that it should not be detrimental to the prisoner's health. He designed the Panopticon in 1791.
Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the
prevailing system of oral law and blood feud by a written code to be enforced only by a court.
BJMP - (Bureau of Jail Management and Penology) government agency mandated by law (RA 6975) to take
operational and administrative control over all city, district and municipal jails.
It takes custody of detainees accused before a court who are temporarily confined in such jails
while undergoing investigation, waiting final judgement and those who are serving sentence
promulgated by the court 3 years and below.
created Jan. 2, 1991.
- Charles S. Mondejar - 1st BJMP chief.
- BJMP chief tour of duty, must not exceed 4 years, maybe extended byPresident.
Grounds:
1. In times of war
2. other national emergencies.
- Senior superintendent - the rank from which the BJMP chief is appointed.
This is the rank of the BJMP Directors of the Directorates in the National
Headquarters. This is also the rank of the Regional Director for Jail Management and
Penology.
- Chief of the BJMP - Highest ranking BJMP officer. Appointed
by the President upon recommendation of DILG Secretary. Rank is Director.
- BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP officer.
Appointed by the President upon recommendation of the DILG Secretary. Rank is
Chief Superintendent.
- BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP officer.
Appointed by the President upon recommendation of the DILG Secretary. Rank is
Chief Superintendent.
- BJMP Chief of the Directorial Staff - the 4th highest BJMP officer. Appointed
by the President upon recommendation of the DILG Secretary. Rank is Chief
Superintendents.
Bureau of Corrections - has for its principal task the rehabilitation of national prisoners, or
those sentenced to serve a term of imprisonment of more than three years.
- Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes, then the Sec. of
Commerce and police.
1.BILIBID PRISON
a. BILIBID PRISON – the main insular penitentiary during the Spanish regime. This was constructed in
1847 and was formally inaugurated in 1865 by virtue of the Royal Decree of the Spanish Crown. This
is located at the then famous “May Haligue Estate” at nearby Central Market. This was constructed in
radical spokes-of-a-wheel form with a tower in the center spoke for easy command and control. In
1936, the City of Manila exchanged its Muntinlupa property with that of the Bureau of Prison lot,
the Muntinlupa property was intended as a site for Boys Training School, but because it was too far,
the City preferred the site of the Old Bilibid Prison, the present site of Manila City Jail.
b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552 hectares) – this is where the Bureau of
Corrections Central Office. Within the complex are the three (3) security camps administered by a
Penal Superintendent and assisted by as Asst. Superintendent in each Camp. The thee (3) security
camps are:
MAXIMUM SECURITY COMPOUND is for prisoners whose sentences are 20 years and above, life
termers or those under capital punishment, those with pending cases, those under disciplinary
punishment, those whose cases are on appeal, those under detention, and those that do not
fall under medium and minimum-security status.
MEDIUM SECURITY COMPOUND (also known as Camp Sampaguita) is for prisoners whose sentences are
below 20 years (computed from the minimum sentences per classification interpretation) and
those classified for colony assignment.
MINIMUM SECURITY COMPOUND (also referred to as Camp Bukang Liwayway) is an open camp with
less restrictions and regimentation. This is for prisoners who are 65 years old and above,
medically certified as invalids and for those prisoners who have six months or less to serve
before, they are released from prison. The lethal injection chamber is also located here.
2.SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur – founded by Capt. Ramon Blanco, a member of
the Spanish Royal Army and named the prison facility after his patron saint. This was initially
intended for the confinement of political prisoners during Spanish era. It was closed during the
Spanish-American War and was reopened during the American occupation. It has three facilities
(maximum, medium, minimum). The penal farm was designed to promote agro-industrial activities.
Land area: Approximately 1, 546 hectares
Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870
DAY 3
CLASSIFICATION OF INMATES
CLASSIFICATION – refers to the assigning or grouping of inmates according to their sentence, gender,
age, nationality, health, criminal records, etc.
–a method by which diagnosis, treatment, planning and execution of treatment programs are
coordinated to an individual.
–the process of assigning inmates to types of custody or treatment programs appropriate to
Their needs.
1. Insular or national prisoner – one who is sentenced to a prison term of three years and one
day to death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to
three years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.
1. INSULAR/NATIONAL PRISONER – sentence to serve a prison term of over three (3) years or to a
fine of more than six thousand pesos (P6, 000) or both.
2. CITY/PROVINCIAL PRISONER – sentenced to serve less than three (3) years but over six (6)
months or to a fine less than six thousand pesos (P6, 000) but more than two hundred pesos
(P200) or both.
3. MUNICIPAL PRISONER – sentenced to serve less than six (6) months or to a fine of not more
than two hundred pesos (P200).
CARPETA – refers to the institutional record of an inmate which consist of his mittimus/commitment
order, the prosecutor’s information and the decision of the trial court, including the appellate
court, if any.
COMMITMENT – the entrusting for confinement of an inmate to a jail by competent authority for
investigation, trial and/or service of sentence.
COMMITMENT ORDER – a written order of the court or any other competent authority consigning an
offender to a jail or prison for confinement.
INFRACTION REPORT - refers to the report submitted by the probation and parole officer on violations
committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon
while under supervision.
PROGRESS REPORT - refers to the report submitted by the probation and parole officer on the conduct
of the parolee/pardonee while under supervision.
SUMMARY REPORT - refers to the final report submitted by the probation and parole officer on his
supervision of a parolee/pardonee as basis for the latter's final release and discharge.
RELEASE DOCUMENT - refers to the conditional pardon/absolute pardon issued by the president of the
Philippines to a prisoner or to the "Discharge on Parole" issued by the board.
🔖(People vs. Onate, 78 SCRA 43) As a rule, it is intended to favor the accused particularly to
shorten his term of imprisonment, depending upon his behavior and his physical, mental, and moral
record as a prisoner to be determined by the Board of Indeterminate Sentence.
INDETERMINATE SENTENCE - is a sentence with a minimum term and maximum benefit of a guilty person,
who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one (1) year. It
applies to both violations of the RPC and special laws.
EXAMPLE:
1. REVISED PENAL CODE - The court shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the attending circumstances, could be properly
imposed under the Code, and the maximum term which shall be within the range of the penalty next
lower in degree to that prescribed by the Code for the offense.
🔖The maximum is the penalty imposed as provided by law, depending upon the attending
circumstances. The minimum us one degree next lower to the penalty prescribed for the offense. The
latter is determined without considering the attending circumstances to the penalty prescribed, and
is left to the discretion of the court. (People vs. Yco, 6545, July 27, 1954)
📎ILLUSTRATIVE EXAMPLE
➡️Homicide with one mitigating circumstance⬅️
📍The maximum penalty prescribed by law is reclusion temporal. Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period. On the other hand, the
minimum is one degree next lower to reclusion temporal without considering the mitigating
circumstance and that will be prision mayor. The range of prision mayor will depend upon the
discretion of the court. Therefore, the indeterminate penalty is a minimum of prision mayor (within
the range fixed by the court) to a maximum of reclusion temporal minimum period.
2. SPECIAL LAW - The court shall sentence the accused to an indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
minimum term prescribed by the same.
📎ILLUSTRATIVE EXAMPLE
📍Penalty is one (1) year to five (5) years. Indeterminate sentence may be one (1) year to three (3)
years or three (3) to five (5) years.
📍5. Those who having been granted conditional pardon by the president shall have violated the
terms thereof.
📍6. Those whose maximum period of imprisonment does not exceed one year.
📎Note: The application of which is based upon the penalty actually imposed in accordance
with law. (People vs. Hidalgo, 452, January 22, 1962)
📍7. Those already serving final judgment upon the approval of this Act (December 5, 1933).
📎The application of the Indeterminate Sentence Law is mandatory if the imprisonment would
exceed one (1) year. It would be favorable to the accused. (People s. Judge German Lee, Jr.,
86859, September 12, 1984)
DAY 4
NON- INSTITUTIONAL CORRECTIONS
EXECUTIVE CLEMENCY - is the power of a President in state convictions, to pardon a person convicted
of a crime, commute the sentence (shorten it, often to time already served), or reduce it from death
to another lesser sentence.
The president extends executive clemency for administrative penalties. The constitution makes
no distinction with regard to the extent of the pardoning power except with respect to impeachment.
(Llamas vs. Orbos, G.R. No. 99031, October 15, 1991).
1. PARDON - it is an act of grace given by those charged with the power and authority to execute
laws which exempts the individual subject of pardon from the punishment which the law inflicts for a
crime he had committed.
A pardon is an act of grace, proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a
crime he has committed. It is the private, though official, act of the executive magistrate,
delivered to the individual for whose benefit it is intended and not communicated officially to the
court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance. It may then be rejected by the person to whom it is tendered; and if it
be rejected, we have discovered no power in a court to enforce it on him. (United States vs. Wilson,
7 Pet. [32 U.S.] 150, 160-161 [U.S. 1833]).
A. ABSOLUTE PARDON - looks forward and relieves the offender from the consequences of an
offense of which he has been convicted. An absolute pardon not only blots out the crime
committed but also removes all disabilities resulting from the conviction.
2. It does not exempt the offender from payment of the civil indemnity imposed in the
sentence. [Article 36 Revised Penal Code]
3. It does not restore the right to hold public office or the right of suffrage unless
such rights are expressly restored by the terms of the pardon. [Article 36 Revised Penal
Code]
A. CONDITIONAL PARDON - any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein; otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the pardon
and the provisions of Article 159 shall applied to him. (Article 95, Revised Penal Code)
CONDITIONAL PARDON delivered and accepted is considered a contract between the sovereign
power of the executive and the convict that the former will release the latter upon
compliance with the condition. In conditional pardon, the condition usually imposed upon the
convict is that "he shall not again violate any of the penal laws of the Philippines."
📎The second limitation is based on the constitutional provision under Article IX(C) (5). The
Commission on Elections.
📍Section 5. No pardon, amnesty, parole or suspension of sentence for violation of election laws,
rules and regulations shall be granted by the president without the favorable recommendation of the
commission.
2. REPRIEVE - the execution of the sentence is stayed or postponed. (People vs. Vera, 65 Phil. 56,
110 [1937])
A REPRIEVE is a withdrawal or withholding of punishment for a time after conviction and
sentence, and is in the nature of a stay of execution. It postpones the execution of a sentence to a
day certain. Usually, it is granted to a prisoner to afford him an opportunity to procure some
amelioration of the sentence imposed.
REPRIEVE is also another prerogative exercised by the President of the Philippines. Generally,
it is applied to death sentence 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 death convict
is held in abeyance for a certain period to enable the Chief Executive to temporarily stay execution
of sentence.
A president usually resorts to this to resolve all his doubts and reservations and want to
really establish that the convict truly deserves to be executed. The President may not want to be
conscience-stricken, if later, it is found out that the executed convict did not deserve to die.
Reprieve is also being widely exercised by the President on almost all death convicts because of
strong pressure from various lobby groups.
A REPRIEVE differs from a pardon in that the former establishes a temporary delay in the
enforcement of the sentence imposed by the court, without changing the sentence or forgiving the
crime while, a reprieve might be issued for the execution of a prisoner to give time to the prisoner
to prove his or her innocence.
3. PAROLE - refers to the conditional release of an offender from a correctional institution after
he has served the minimum of his prison sentence. The person subject of parole is released from
imprisonment but his liberty is not fully restored because the parolee is still considered in
custody of the law although he is not in confinement.
PAROLE is the planned release and community supervision of incarcerated offenders before actual
expiration of their prison sentences. It is usually considered a way of completing a prison sentence
in the community and is not the same as a pardon; the paroled offender can be legally recalled to
serve the remainder of his or her sentence in an institution if the parole authorities deem the
offender's adjustment inadequate or if while on parole the offender commits another crime.
4. AMNESTY - is an act of grace given with the concurrence of congress. It is usually extended to
groups of persons who committed political offenses. It abolishes the offense itself.
AMNESTY - to is granted by the Proclamation of the Chief Executive with the concurrence of the
congress. It is a public act of which the court should take judicial notice. Criminal action or
liability is totally extinguished by amnesty, completely extinguishing the penalty and its effects.
AMNESTY - is an act of the sovereign power granting oblivion or a general pardon for a past offense,
and is rarely, if ever, exercised in favor of a single individual. It is usually exerted in behalf
of certain classes of persons, who are subject to trial but have not yet been convicted. (Reyes,
Revised Penal Code (Book Two), 14th ed., p. 831 citing Brown vs. Walker, 161 U.S. 602)
5. 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. (Section
3[a], PD No. 968, as amended)
b. At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate minimum
of the indeterminate prison terms;
c. At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other special
laws;
d. At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
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;
e. At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
Republic Act No. 7659 or other special laws, committed on or after January 1, 1994 and
sentence
to one (1) reclusion perpetua or one (1) life imprisonment;
f. At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of Republic Act No. 6425, as amended, otherwise known as
"The
Dangerous Drugs Act of 1972" or Republic Act No. 9165 also 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;
g. 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;
h. 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. [Section
4.
Board of Pardon and Parole (Resolution No. 24-4-10)]
7. REMISSION OF FINES AND FORFEITURES - it should be noted that remission of fines and forfeitures
merely prevents the collection of fines or the confiscation of forfeited property; it cannot have
the effect of returning property which has been vested in third parties or money in the public
treasury.
🔖The president can remit a fine or forfeiture only with respect to those within the interest
of the state and not those of private parties whose rights have been vested and fixed by the
judgment. Fine and forfeitures already paid to the treasury cannot be remitted either since any
disbursement of funds therefrom require legislation.
📌REMISSION - refers to an act of liberty by virtue of which, without receiving any equivalent,
the creditor renounces the enforcement of the obligation, which is extinguished in its entirety or
in that part or aspect of the same to which the remission refers.
DAY 5
🔖No. SUSPENSION OF SENTENCE is always a part of the judicial power while REPRIEVE is always a part
of the executive power. The SUSPENSION OF SENTENCE simply postpones the judgment of the court
temporarily or indefinitely, but the conviction and liability following it, and all civil
disabilities, remain and become operative when judgment is rendered. REPRIEVE on the other hand, is
a prerogative exercised by the president of the Philippines (Executive Clemency). Generally, it is
applied to death sentences already affirmed by the Supreme Court.
The following are instances or situations in criminal cases wherein the accused, either as an
adult or as a minor, can apply for and/or be granted a suspended sentence:
📌1. Where the accused became insane before sentence could be promulgated. (Article 79, RPC)
📌2. Where the offender upon conviction by the trial court, filed an application for probation
which has been granted.
📌3. Where the offender needs to be confined in a rehabilitation center because of drug-
dependency
although convicted of the crime charged.
📌4. Where the offender is a youthful offender under Article 192, PD 603, otherwise referred to
as the Child and Youth Welfare Code.
📌5. Where the crime was committed when the offender is under 18 years of age and he is found
guilty thereof in accordance with RA No. 9344, otherwise known as the Juvenile Justice and
Welfare Act of 2006, but the trial court subjects him to appropriate disposition measures
as
prescribed by the Supreme Court in the Rule on Juvenile in Conflict with the Law.
📌6. The death sentence shall be suspended upon a woman while she is pregnant or within one
year
after delivery. (Article 83, RPC)
📌7. Suspension of sentence of a first-time minor offender under Article 66 of RA No. 9165,
known as the Comprehensive Dangerous Drugs Act of 2002.
GOOD CONDUCT TIME ALLOWANCE - credit earned by an inmate which reduces the duration of his
incarceration. It also refers to time subtracted from a sentence by prison authorities for good
behavior or for other reasons.
📍a. During the first two (2) years of his imprisonment, he shall be allowed a deduction of five
(5)
days for each month of good behavior;
📍b. During the third to fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction
of eight days for each month of good behavior;
📍c. During the following years until the tenth year, inclusive of his imprisonment, he shall be
allowed a deduction of ten (10) days for each month of good behavior; and
📍d. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction
of fifteen (15) days for each month of good behavior. (Article 97, RPC)
The Director of Prisons may grant GCTA to an inmate who displays good behavior and who has no
record of breach of discipline or violation of prison rules and regulations. Whenever lawfully
justified, the Director of Prison shall grant allowances for good conduct. Such allowances once
granted shall not be revoked. (Art. 99, RPC)
REVOCATION/RESTORATION OF GCTA
GCTA once granted shall not be revoked without just justice. The GCTA, which an inmate is
deprived of because of misconduct, may be restored at the discretion of the Director upon the
recommendation of the Superintendent.
DAY 6
📌Article 29. One-half of the Period of the Preventive Imprisonment Deducted from Term of
Imprisonment.
- Offenders who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with one-half of the time during which they
have undergone preventive imprisonment, except in the following cases:
📍1. When they are recidivists, or have been convicted previously twice or more times of any
crime;
📍2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily;
📍3. When they have been convicted of robbery, theft, estafa, malversation of public funds,
falsification, vagrancy or prostitution.
📌Article 94. Partial Extinction of criminal liability.
- Criminal liability is extinguished partially:
📍1. By conditional pardon;
📍2. By commutation of the sentence; and
📍3. For good conduct allowances which the culprit may earn while he is serving his sentence.
SERVICE OF SENTENCE - after the convict served his sentence, his criminal liability is automatically
extinguished. However, service of sentence does not extinguish his civil liability.
🔖Crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty
is but the amount of his debt. When payment is made, the debt is extinguished.
DEATH OF CONVICT - death of convict extinguishes criminal liability at any stage of the criminal
proceeding: civil liability is likewise extinguished if death occurs before final judgment. If death
occurs, there will be nobody to serve the penalty for the crime. The death of the convict, whether
before or after final judgment, extinguishes criminal liability, because one of the juridical
conditions of penalty is that it is personal.
A. While Death Pending Appeal Extinguishes Criminal Liability, The Supreme Court May Still Review
The Case
📎 the accused's death pending appeal of his conviction results to automatic dismissal of the
charges. The Supreme Court may however, review the case and if the accused is found innocent, shall
render the appropriate judgment, belated though it may be to vindicate his sullied honor and redeem
his memory from an undeserved accusation. (Domondon, Primus, 2009 Wrap-Up Review Notes in Criminal
Law, p.97, citing Dumlao vs. Court of Appeals, et al., G.R. No. L-51625, October 5, 1988)
However civil liability arising from sources other than the crime committed survives and
may be pursued in a separate civil action. Sources of civil liability other than crime are law,
contracts, quasi-contracts, and quasi-delicts.
DAY 7
🔖Upon determination that a prisoner granted conditional pardon has violated the conditions
thereof, the Board shall recommend his arrest or recommitment to the president. [Section 26, Amended
Guidelines for Recommending Executive Clemency]
Thus, when the conditions are violated, the offender is considered in evasion of the service of
his sentence and shall be:
▶️
1. Re-arrested and re-incarcerated by order of the president under the Revised Administrative
Code; or
▶️2. Prosecuted under Article 159 of the Revised Penal Code (RPC). When the penalty remitted is 6
years and below, there will an additional penalty; over 6 years, the remaining sentence shall be
served without additional penalty for the evasion.
REQUIREMENT BEFORE THE BOARD OF PARDON AND PAROLE MAY RECOMMEND TO THE PRESIDENT THE GRANT OF
CONDITIONAL PARDON
🔖The Board may nonetheless review and/or recommend to the president the grant of executive
clemency to an inmate provided the inmate meets the following minimum requirements of imprisonment.
For Conditional Pardon, an inmate should have served at less one-half (1/2) of the maximum of the
original indeterminate and/or definite prison term. [Section 4, as amended, Amended Guidelines for
Recommending Executive Clemency]
9. RECOGNIZANCE
RECOGNIZANCE - is an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most usual condition in
criminal cases being the appearance of the accused for trial. A recognizance does not require the
signature of the accused for its validity.
- whenever allowed by law or the rules, the court may release a person in custody to his own
recognizance or that of a responsible person. (Section 15. Rule 114 Rules of Court)
10. BAIL
EXCESSIVE BAIL means a bail set at a higher amount than that reasonably calculated to ensure the
presence of the accused at the trial. It is prohibited for the following reasons:
📌1. To safeguard the liability of the individual
📌2. Imposition of excessive bail amounts to nullification of the right to bail which is offensive
to the constitution
📌3. Right to bail would become meaningless. (Sunga vs. Salud, 109 SCRA 253)
DAY 8
REQUIREMENTS FOR REGIONAL PROBATION OFFICE, ASSISTANT REGIONAL PROBATION OFFICE, PROVINCIAL OR CITY:
📍1. A bachelor degree major in social work, sociology, psychology, criminology, penology,
correction, police science, police administration or related field with 3 years supervisory
experience.
📍2. Member of the BAR with 3 years supervisory experience.
REGIONAL PROBATION OFFICE ➡️Appointed by the President upon recommendation of the Secretary of DOJ.
It is assisted by Assistant Regional Probation Office.
PROVINCIAL OR CITY PROBATION AND PAROLE OFFICER ➡️ At least one in each province or city appointed
by secretary of DOJ, upon recommendation of probation administration.
PROBATION ADMINISTRATION
➡️Appointed by the President
➡️Hold office during good behavior or shall not be remove without case.
REGIONAL OFFICES ➡️ Regional Probation and Parole Offices (Director II/Regional Director) ➡️ It
exercise supervision and control over all provincial/city Parole and Probation Offices within the
jurisdiction and performs such duties as may be assigned by the Administrator.
➡️One Deputy (Director I/Assistant Regional Director)
➡️15 Regional Office
The Probation Administration was created by virtue of Presidential Decree No. 968, "The
Probation Law of 1976", to administer the probation system. Under Executive Order No. 292, "The
Administrative Code of 1987" which was promulgated on November 23, 1989, the Probation
Administration was renamed "Parole and Probation Administration" and given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on parole
pardon with parole conditions.
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.
Probation Administration (EO No. 292 Paroles and Probation Administration) Line Bureau under
the Department of Justice.
ABSCONDING PETITIONER
- A probationer who has not reported for initial supervision within the prescribed period
and/or whose whereabouts could not be found, located or determined despite best diligent efforts
within reasonable period of time shall be declared by the proper office as an absconding
probationer.
ABSCONDING APPLICANT
Applicant whose application for probation has been given due course by the proper court has
failed to present himself/herself to the proper office within 72 hours from his/her receipt of the
probation order or within reasonable time therefrom, said office shall first exert best diligent
efforts to inquire on, search, find and locate his/her whereabouts before it shall report such fact
with appropriate recommendation to the proper court, considering the surrounding circumstances of
place, date and time, his/her health condition and other related factor
DAY 9
SITUATIONAL CASES
The court may modify conditions of probation or revoke the same. If the violation is serious,
the court may order the probationer to serve his prison sentence. The probationer may also be
arrested and criminally prosecuted if the violation is a criminal offense.
Any set or commission on the part of the probationer which is contrary to the terms and conditions
specified in the probation order.
📌a. The probation officer investigates the alleged violation and it is ESTABLISHED, a REPORT
is SUBMITTED to the COURT. There can be MODIFICATION of condition of probation by the court,
depending on the nature and seriousness of the violation;
📌b. There is also the possibility of arrest including criminal, prosecution of the
probationer in the vent of commission of another offense. The REVOCATION proceeding is summary.
📎After considering the nature and seriousness of violation court may order ARREST of
probation.
📎If the court finds the probationer guilty of serious violation of the conditions of
probation he may be ordered to serve the original sentence imposed on him.
3. CAN THE OFFENDER BE RELEASED WHILE HIS APPLICATION FOR PROBATION IS PENDING?
📍Yes, at the discretion of the court. Pending submission of the PSIR and the resolution of the
petition for probation, the defendant may be ALLOWED temporary liberty or released by virtue of
📌BAIL.
a. On the same bond he filed during the trial in the criminal case,
b. On a new bond or
To the custody of a responsible member of the community if unable to file a bond - In case NO
BAIL was filed or that defendant I incapable of filing one, court may allow the release of defendant
on RECOGNIZANCE to the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court (Section 21, Rule 114 - Rules on Criminal Procedure).
4.IS THE PETITIONER HAD RIGHT TO COUNSEL DURING THE POST SENTENCE INVESTIGATION AND COVERED BY
REPUBLIC ACT NO. 7438?
📌During the post sentence investigation petitioner had no right to counsel. The probation law
has no provision guaranteeing the right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply because the investigation by the
probation officer I neither prosecutory nor accusatory in character.
📌Further petitioner as well is not covered by Republic Act No. 7438 providing right of the
accused during custodial investigation.
DAY 10
THERAPHEUTIC MODALITIES
WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps people get help while helping others. It
is a treatment environment: the interactions of its members are designed to be therapeutic within
the context of the norms that require for each to play the dual role of client-therapist. At a given
moment, one may be in a client role when receiving help or support from others because of a problem
behavior or when experiencing distress. At another time, the same person assumes a therapist role
when assisting or supporting another person in trouble.
These tools serve more than just the purpose of curbing unproductive behavior. They are also
a means used for enforcing community sanctions on behavior that undermine the safety and integrity
of the community such as violations of the cardinal rules of TC: NO drugs, NO violence or threat of
violence, NO sexual acting out and NO stealing! Everything an officer does is meant to erase “street
behavior” and to lead the offender to be committed to “right living”.
When the office gives seminars and tutorials, arranges activities focused on the Higher
Power, conducts games, educational trips and other recreational activities, we touch on the TC
aspect of Intellectual and Spiritual Dimension. Aside from the role of a direct supervisor, the VPAs
may be the invited resource persons, donors/sponsors, facilitators, lecturers, etc. during these
seminars.
The skills training and livelihood activities fall within the purview of TC’s Vocational and
Survival Skills, so with Medical/Dental Clinics and Environmental Conservation activities. In this
aspect, the VPAs can facilitate job placement and can tap community resources for clients social and
physical needs.
Therapeutic Community is a tool that the Administration uses to prepare the client for reintegration
to the community as a reformed, rehabilitated, productive, drug-free and law-abiding person.
The criminal justice in the Philippines recognizes the significance of rehabilitation and
reintegration of convicted felons in the community. Evidently, Correction, being one of the pillars
of Philippine Criminal Justice System (PCJS)adopted various rehabilitation programs such as the
following:
(a) Moral and Spiritual Program;
(b) Education and Training Program;
(c) Work and Livelihood Program;
(d) Sports and Recreation Program;
(e) Health and Welfare Program; and
(f) Behavior Modification Program, to include Therapeutic Community (TC)
As set by the BJMP, the Therapeutic Community is a self-help social learning treatment model
used to client with problems of drug abuse and other behavioral problems such as alcoholism,
stealing and other anti-social tendencies as well as working with special group of individuals like
those in jails.
What is therapeutic community and how does it help inmates reform themselves?
Therapeutic Community is a tool that the Administration uses to prepare the client for
reintegration to the community as a reformed, rehabilitated, productive, drug-free and law-abiding
person.
Therapeutic Communities in Corrections
The therapeutic community (or 'ITC") is a total treatment environment that can be isolated
from the rest of the prison population -- separated from the drugs, the violence, and the norms and
values that rebuff attempts at rehabilitation.
Like therapeutic communities in free society, the primary clinical staff of the TC are
typically former substance abusers -- "recovering addicts"-- who themselves were rehabilitated in
therapeutic communities. The treatment perspective of the prison TC is also the same, that drug
abuse is a disorder of the whole person -- that the problem is the person and not the drug, that
addiction is a symptom and not the essence of the disorder. In the prison TC's view of recovery, the
primary goal is to change the negative patterns of behavior, thinking, and feeling that predispose
drug use. As such, the overall goal is aresponsible drug-free lifestyle (De Leon and Ziegenfuss
1986; Yablonsky 1989).
3. In the tertiary stage, clients will have completed work release and will be living in the
free community under the supervision of parole or some other surveillance program. Treatment
intervention in this stage should involve out-patient counseling and group therapy.