INTRODUCTION TO

CRIMINOLOGY
WEEK 17
•Good day Lyceans! Welcome to your last week
which is week 17Th in INTRODUCTION TO
CRIMINOLOGY WITH PSYCHOLOGY OF CRIME
•so before we start, lets have a recap of our lecture
last time.
•So last time we talked about institutional
corrections which includes jail, prison, and
penitentiary
•So for our last lecture we will be talking about
non-institutional correction.
•So lets start
NON-INSTITUTIONAL
CORRECTION
NON-INSTITUTIONAL
CORRECTION

Refers to that method of

correcting sentenced offenders
without having to go to prison.
HISTORY

August 7, 1935 – Probation was first

introduced in the Philippines during
the American colonial period
(1898-1945) with the enactment of
Act No. 4221 of the Philippine
Legislature.

November 16, 1937 – the Supreme

Court of the Philippines declared the
Probation Law unconstitutional
because of some defects in the law’s
procedural framework.
1972 – House Bill No. 393 was filed in
Congress, which would establish a
probation system in the Philippines,
became pending in the Senate when
Martial Law was declared and
Congress was abolished.

1975 – the National Police Commission

Interdisciplinary drafted a Probation
Law. After 18 technical hearings over a
period of six months, the draft decree
was presented to a selected group of
369 jurists, penologist, civic leaders
and social and behavioral scientist and
practitioners. The group
overwhelmingly endorsed the
establishment of an Adult Probation
System in the Country.
ADVANTAGES FOR GOVERNMENT
• Offender’s family need not
suffer since the offender will not
be separated from them and he
will be able to go on with his life
and livelihood thereby enabling
him to support his family
• Community will also be involved
so that crime becomes less hard
to control
ADVANTAGES OF COMMUNITY-BASED
CORRECTION
• Family members need not be victims
because of the offenders’
imprisonment
• 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
• Rehabilitation can be monitored by
th community thus corrections can
be made and be more effective
• Cost of incarceration will be
eliminated which is extremely
beneficial to a cash-strapped
government.
Board of Pardons and Parole - was
created pursuant to Act No. 4103,
as amended. It is the intent of the
law to uplift and redeem valuable
human material to economic
usefulness and to prevent
unnecessary and excessive
deprivation of personal liberty.
Functions
1. To grant parole to qualified
prisoners;
2. To recommend to the President
the grant of pardon and other
forms of executive clemency;
3. To authorize the transfer of
residence of parolees and
pardonees, order their arrest and
recommitment, or grant their
final release and discharge.
Basis for Grant of Parole
1. The prisoner is fit to be
released;
2. There is a reasonable
probability that, if released,
he or she will live and remain
at liberty without violating
the law; and
3. His or her release will not
be incompatible with the
welfare of society.
How May Executive Clemency Be
Exercised?
1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.
Commutation – refers to
the reduction of the
duration of prison
sentence of a prisoner.
Commutation Allowed
When:
1. person is over 70 years
old
2. 8 justices fail to reach a
decision affirming the
death penalty
Absolute Pardon - An act of
grace, proceeding from the
power entrusted with the
execution of the laws,
Exempts the individual from
the penalty of the crime, he
has committed.
Conditional Pardon - If delivered
and accepted, it is a contract
between the executive and the
convict that the former will release
the latter upon compliance with
the condition.
Example of a condition:
Not to violate any of the penal
laws of the country again.
Reprieve - refers to the
deferment of the
implementation of the
sentence for an interval of
time; it does not annul the
sentence but merely
postpones or suspends its
execution
 Basis for Grant of Executive Clemency
The BPP recommends to the
President the grant of executive
clemency when any of the following
circumstances are present:
1. The trial or appellate court
recommended in its decision
the grant of executive clemency
for the prisoner
2. Under the peculiar
circumstances of the case, the
penalty imposed is too harsh
compared to the crime
committed
3. Offender qualifies as a youth
offender at the time of the
commission of the offense
4. Prisoner is seventy years old and
above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic
considerations and amity among
nations necessitate review and
7. Other similar or analogous
circumstances whenever the
interest of justice will be served
thereby
When Applications for Executive Clemency
will not be Favorably Acted Upon by The
Board of Pardon and Parole
1. Convicted of evasion of service of
sentence;
2. Who violated the conditions of their
conditional pardon;
3. Who are habitual delinquents or
recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of Violation of the Dangerous
Drugs Act of 1972 and the Comprehensive
Dangerous Drugs Act of 2002;
6. Convicted of offenses committed under
the influence of drugs
7. Whose release from prison may
constitute a danger to society.
Issues Confronting The Philippine
Corrections System
1. Overcrowding of Certain Prison
Institutions/Jails
2. Fragmented Set-Up of the
Corrections System
3. Lack of Information Technology
Systems and Expertise
4. Lack of/Inadequate Training - lack
of awareness and understanding by
some prison/jail officials and staff on
the rights of inmates.
Parole – The suspension of the
sentence of the convict after
serving the minimum term of
the intermediate penalty,
without being granted a
pardon, prescribing the terms
upon which the sentence shall
be suspended.
- May be given after the
prisoner has served the
minimum penalty; is granted by
the Board of Pardons and
Parole under the provisions of
the Indeterminate Sentence
Law.
Disqualification for Parole - The following
prisoners shall not be granted parole:
1. Those convicted of an offense punished with
Death penalty, Reclusion Perpetua or Life
imprisonment;
2. Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
3. Those convicted of misprision of treason,
rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high
seas or Philippine waters;
5. Those who are habitual delinquents i.e. those
who, within a period of ten (10) years from the
date of release from prison or last conviction of
the crimes of serious or less serious physical
injuries, robbery, theft, estafa and falsification, are
found guilty of any of said crimes a third time or
oftener;
6. Those who escaped from
confinement or evaded sentence;
7. Those who were granted
Conditional Pardon and violated any
of the terms thereof;
8. Those whose maximum term of
imprisonment does not exceed one
(1) year or those with definite
sentence;
9. Those suffering from any mental
disorder as certified by a government
psychiatrist/psychologist;
10.Those whose conviction is on
appeal;
11.Those who have pending criminal
case/s.
The PAROLE AND PROBATION
ADMINISTRATION abbreviated as
PPA, is an agency of the Philippine
government under the
Department of Justice responsible
for providing a less costly
alternative to imprisonment of
offenders who are likely to
respond to individualized
community-based treatment
programs.
Probation - is a disposition
under which an accused,
after conviction and
sentence is released
subject to conditions
imposed by the court and
to the supervision of a
probation officer.
Who can apply for Probation?
– Any first time convicted offender who is
18 years old or above.

Is probation a right?
– It is a mere privilege for adult offenders.
Under RA 9344 (Juvenile Justice and
Welfare Act of 2006) a child in conflict
with the law (CICL) is granted the right to
probation as an alternative to
imprisonment if qualified under the
Probation Law.
Where should an application for
Probation be filed?
– The application shall be filed
with the court that tried and
sentenced the offender.

What will happen if the

application for Probation is
denied?
– The offender will be sent by the
sentencing court to prison to
serve his sentence.
When should an application for
Probation be filed?
– Anytime before the offender
starts serving his sentence but
within 15 days from the
promulgation of notice of
judgment of conviction. Under
section 42 of RA 9344, The
Juvenile Justice and Welfare Act
of 2006, the court may after it
shall have sentenced a child in
conflict with the law and upon
application at anytime placed
the child on probation in lieu of
service of his sentence.
May an offender be released from
confinement while his application
for Probation is pending?
– Yes, the applicant may be released
under the bail he filed in the
criminal case or under
recognizance.

How many times can one be

granted Probation?
– Only once.
 RULES ON GRANT OF PROBATION
1. After having convicted and
sentenced a defendant, the
trial court may suspend the
execution of the sentence and
place the defendant on
probation, upon application by
the defendant within the
period for perfecting an
appeal.
2. Probation may be granted
whether the sentenced
imposed a term of
imprisonment or fine only.
3. No application for probation
shall be entertained or granted
if the defendant has perfected
an appeal.
4. Filing of application for
probation operates as a
waiver of the right to appeal.
5. The order granting or denying
probation shall not be
appealable.
6. Accessory penalties are
deemed suspended once
probation is granted.
7. The convict is not
immediately put on
probation. There shall be a
prior investigation by the
probation officer and a
determination by the court.
Will Probation be automatically granted
to one whose sentence is 6 years or less?
– No, the applicant may be denied by the
court if:

1. The offender would be better

rehabilitated if he she is sent to prison to
serve his/her sentence.
2. There is undue risk that the offender
will likely commit another crime.
3. Probation will depreciate the
seriousness of the offense committed.
**Under section 70 of RA
9165, the Comprehensive
Dangerous Drugs Act of
2002, the court may in its
discretion, placed the
accused under probation
even if the sentence
provided under section 11
of the act is higher than that
provided under the
probation law.
What will happen if a
probationer violates the
conditions of probation?
1. The court may modify the
conditions of probation or
revoke the same.
2. If the violation is serious, the
court may order the
probationer to serve his prison
sentence.
3. The probationer may also be
arrested and criminally
prosecuted if the violation is a
criminal offense.
• The court order shall not be subject to
appeal.
• Probation is not coterminous with its
period. There must be an order issued
by the court discharging the
probationer. Upon finding that he has
fulfilled the terms and conditions of his
probation, the court may order the final
discharge of the probationer. This shall
have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are
restored.
c. offender's liability for any fine
imposed is discharged.
Who are disqualified from the benefits of
Probation

1. Those sentenced to serve a prison term of

more 6 years.
2. Those convicted of any crime against the
national or the public order.
3. Those previously convicted of an offense
which is punished by imprisonment of not less
that one month and one day imprisonment
and/or a fine of not less than P200.
4. Those who have been placed on probation
once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the
Omnibus Election Code (P. D. 881), Insurgency
Law, and Wage Rationalization Act.
•So Lycean this is the end of our first semester in
Introduction to Criminology and Psychology of
Crime, Thank You!!