CORRECTIONAL

ADMINISTRATION
NON-Institutional correction

By: Pedie C. Mecate Jr, RC.

What is Non-Institutional
Correction?
Non-Institutional Correction

 refer to that method

of correcting sentenced offenders
without having to go to prison.
What is EXECUTIVE CLEMENCY?
 Executive Clemency

Shall refer to the following:

 Pardon (act of Grace)
 Amnesty (oblivion)
 Reprieve
 Commutation of Sentence
 Executive Clemency

 Recommendation granting EC for the prisoner

given by the trial court or appellate court.
 Penalty imposed is too harsh.
 Presence of material evidence which was not
considered by the court, which would have
justified an acquittal of the accused prior to his
conviction.
 Inmate was a minor (over 15 but less than 18) at
the time of the commission of the offense.
 Inmate is 70 years old and above whose
continued confinement in prison is hazardous to
his health.

 Inmate is suffering from serious and contagious

diseases or life threatening illness, or with
severe physical disability such as those who are
totally blind, paralyzed, bedridden, and the likes
are recommended by a physician of the Bureau
of Corrections Hospital and certified under oath
by a physician designated by the DOH.
 Alien inmates where diplomatic
considerations and amity among
nations necessitates review.

 Such similar and analogous

circumstances whenever the interest
of justice will be served thereby.
 Other Community Based
Correction Programs
 1. Work Release
 2. Day Fine Programs
 3. Electronic Monitoring
 4. Home Confinement
 5. Community service
 6. Half way houses
 7. Boot camp prisons
 8. Restitution
 9. Check-In Programs
 10. Mediation
 11. Curfew
 12. Restorative justice centers
 13. Drug Checks
 14. Alcohol checks
 15. Other methods where there is a certain level of
trust between the offenders and the people
involved.
 Benefits of Community Bases
Correction
 1. Strengthening family ties through avoidance of broken
family relationship- The treatment and rehabilitation of
convicted offender is done outside the institutional
facilities hence, family members will not suffer broken
family due to imprisonment of one of its member;
 2. Prevention of Influence Contamination- Putting
convicted felon to prison may expose him to hardened
criminals who might influence him to be a more hardened
criminal than before;
 3. Engagement of Community Involvement-
Rehabilitation can be more effective with the help of the
members of the community;
 4. Assurance of Individualized Treatment Approach-
These programs provide individualized treatment
program for the convicts which is not available, it is
hard to attain in correctional institution;
 5. It is more economical than Institution-based
correction on the part of the Government.
 Purposes;

 1. Facilitating Convicts re-integration

 2. Fostering Convicts Rehabilitation
 3. Providing an Alternative Range of Convicts
Punishment
 4. Heightening Convicts Accountability
 Functions of Community-based
Program
 1. Client monitoring and supervision to ensure program
compliance
 2. Ensuring public safety
 3. Employment assistance
 4. Individual and group counseling
 5. Educational training and literacy services
 6. Networking with other community agencies and
business
 7. Reducing jail and prison overcrowding.
 Probation- derived from the Word LATIN verb “
Probare” means “to prove or to test” which was
coined by John Augustus. The Law defined probation
as a disposition, under which a convicted individual is
released subject to conditions imposed by the Court
and to the supervision of a probation officer.
 History of Probation in the
Philippines
 1. 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 on August 7,
1935. This Law created a Probation Office under the
Department of Justice.
 2. On November 16, 1937, after barely two years of
existence, the supreme court of the Philippines declared the
Probation Law unconstitutional because of some defects in
the laws of procedural framework.
 3. In 1972, House Bill No. 393 was files in Congress by
Congressman Teodolo Natividad (Considered as the
Father of Probation in the Philippines) of Bulacan,
which would establish a probation system in the
Philippines. This bill Avoided the objectionable features
of Act 4221 that struct down the 1935 law as
unconstitutional. The bill was passed by the House of
Representatives, but was pending in the Senate when
Martial Law was declared and Congress was abolished.
 4. In 1975, after 18 technical hearings over a period of
six months, the draft decree was presented to a selected
group of 369 jurist, penologist, civic leaders and social
and behavioral scientist and practitioners sponsored by
the National Police Commission and University of the
Philippines Law Center.
 5. On July 24, 1976, Presidential Decree No. 968,
also known as Adult Probation Law of 1976, was
signed into Law by the late President Ferdinand E.
Marcos.
 6. The start-up of the Probation system in 1976-1977
was a massive undertaking during which all judges
and prosecutors nationwide were trained in probation
methods and procedures; administrative and
procedural manuals were developed; Probation
officers recruited and trained and the central agency
and probation field offices organized throughout the
country. Fifteen selected probation officers were sent
to United States for orientation and training in
probation administration. Upon their return, they were
assigned to be trainers for the newly recruited
probation officers.
 7. The Probation system started to operate on
January 3, 1978. As more probation officers were
recruited and trained, more field offices were opened.
 Statutory Attributes of
Philippine Probation system
 1. It is a “once in a lifetime affair”, meaning that a
convicted person can only avail, the privilege of a probation
once in a lifetime. If he is convicted again, such person can
no longer avail himself of another probation.
 2. Selective application. Probation is made available only to
those convicted of certain crimes. Crimes against national
security, like Treason and espionage are excluded. Those
who sentence to prison term of more than six years are also
excluded from the probation privilege.
 3. Persons under Probation retain their civil
rights, like the right to vote, or practice one’s
profession, or exercise parental or marital authority.
 4. The suspension of the execution of the sentence
is conditional, violations of any of the condition may
cause revocation of the privilege.
 5. Conditions of probation to be imposed by the
court to protect public safety and to foster the
rehabilitation and reformation of the probationer.
 6. Jurisdiction of the court is continuing in
character.
 7. Post Sentence Investigation Report is
Mandatory, which will serve as informational guide
for the court’s decision in granting or denying the
same.
 8. Supervision, guidance and assistance by the
Probation Officer over the probationer.
 Basic Guidelines for Probation
Application
 Application for Probation shall be filed with the trial court,
which has jurisdiction over the case. Such court is the very
same court that heard, tried, decided and imposed penalty
against the convicted person.
 Note: There is no other court that can exercise jurisdiction
regarding probation application, except for the trial court
which previously exercise jurisdiction over the criminal
offense.
 The filing of an application for probation is
jurisdictional. The time of filing shall be within the
period for perfecting an appeal. Under the Revised
Rules of Court the period of perfecting an appeal is
fifteen (15) days.
 The application shall be in the form approved by the
secretary of Justice as recommended by the PPA
Administrator.
 The Trial court may notify the concerned prosecuting
officer of the filling of the applicant at a reasonable
time it deems necessary, before the schedule hearing
thereof.
 The prosecuting officer may submit his comment, if
any, on the application within reasonable time given
to him by the trial court from his receipt of the notice
for him to comment.
 If the Trial court finds that the application is due in
form and the applicant appears to be qualified for the
grant of probation, it shall order the city or provincial
Parole and Probation Office to conduct a post-
sentence investigation and submit the same within
(60) Sixty days from the receipt of the order of said
court to conduct the investigation.
 The court has five (5) days from the time the court
received the post-sentence investigation report to
resolve the application.
 Consequence of Filing of
Application for Probation
 The Trial court, upon receipt of the application filed, suspend
the execution of the sentence imposed on the judgement.
 Pending submission of the post-sentence investigation and
resolution on the application, the applicant may be allowed
on temporary liberty under his bail filed in the criminal case.
 Where no bail is filed or applicant is incapable of filing one,
the trial court may allow the release of the applicant on
recognizance.
 Note: Recognizance is a mode of securing the release of any
person in custody or detention for the commission of an
offense who is unable to post bail due to abject poverty.
 The court where the case of such person has been
filed shall allow the release of the accused on
recognizance as provided herein, to the custody of a
qualified member of the brangay, city or municipality
where the accused resides.
 Post-sentence Investigation (PSI)- No person shall
be placed on probation except upon prior
investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well as that of
the applicant for probation will be served thereby.
 Note: Post sentence Investigation is mandatory it is a
pre-requisite in granting probation. The court has no
jurisdiction to render decision whether to grant or
deny the application in the absence of PSI.
 Period for Submission of
Investigation Report
 The Probation officer shall submit to the Court the investigation
report on a defendant not later than sixty (60) days from
receipt of the order of said court to conduct the investigation.
The court shall resolve the petition for probation not later than
five (5) days after receipt of said report.
 Pending submission of the investigation report and the
resolution of the petition, the defendant may be allowed on
temporary liberty under his bail filed in the criminal case;
Provided, that, in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow the
release of the defendant on Recognize the custody of a
 Responsible member of the community who shall
guarantee his appearance whenever required by the
Court.
 Purpose of Post Sentence
Investigation Report (PSIR)
 To an able the trial court to determine whether or not the
ends of justice and the best interest of the public primarily,
as well as that of the applicant, would be served by the
grant or denial of the application.
 Note:
 Within 60 days from receipt of the order of the Court-
Probation Officer shall conduct Post Sentence
Investigation.
 Within 5 days from receipt of the Post Sentence
Investigation Report- The Court shall resolve the petition
for probation.
 Bail may be allowed during the pendency of the
 Of the Investigation or pending resolution for
Probation.
 No need to post additional bail, the same bail
posted for criminal case may be used.
 Recognizance may be allowed when the applicant
for probation is incapable to post bail. Rule on Bail
under Revised Rules on Criminal Procedure is
applicable.
 FULL BLOWN COURTESY
INVESTIGATION (FBCI)
 Is a general courtesy investigation from another city or
provincial parole and probation office, which request for a
complete PSIR on petition for probation is a judicial
function.
 When FBCI takes place?
1. Applicant for probation is a transient offender in the place
of commission of the crime and/ or a permanent resident
of another place.
2. He spent his pre-adolescent and/or adolescent life in the
province or city of origin.
3. He attend and/or finished his education thereat.
4. His immediate family members, collateral informants or
disinterested persons and officials who can best
authenticate the inter-family relationship, upbringing
behavior of the applicant for probation in the community
are residents of the place of his origin.
Case Analysis:
 Pedro was convicted of a crime and sentenced to a
prison term more than six years (Beyond the
probationable limit of six years). He appealed his case
and the appellate court modified his sentence below
six years.
 Question:
 May Pedro Apply for Probation?
 Answer:
 Yes, by virtue of specific provision of RA 10707 “when
a judgement of conviction imposing a non-
probationable penalty is appealed or reviewed, and such
judgement modified through the imposition of a
probationable penalty, the defendant shall be allowed to
apply for probation based on the modified decision
before such decision becomes final. The application for
probation based on the modified decision shall be filed
in the trial court where the judgement of conviction
imposing a non-probationable penalty was rendered, or
in the trial court where such case has since been re-
raffled”.
Note:
 Appeal and Probation are mutually exclusive
remedies. An accused who applies for probation
admits his guilt and the application and
cancellation of his bail bond. It renders the
judgement of conviction final and executory.
When Probation Order become
Effective
 It shall take effect upon its issuance at which
time court shall inform the offender of the
consequences threat and explain that upon his
failure to comply with any of the conditions
prescribed in the said order or his commission of
another offense under which he was placed on
probation.
 Arrest of Probationer;
Subsequent Dispositions
 At any time during the probation, the court may issue a
warrant for the arrest of a probationer for any serious
violation of the conditions of probation. The probationer,
once arrested and detained, shall be immediately be brought
before the court for hearing of the violation charged. The
defendant may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail of persons
charge with a crime shall be applicable to probationers
arrested under these provisions.
 In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor.
The court shall not be found by the technical rules of
evidence but may inform itself of all the facts which are
material and relevant to ascertain the veracity of the
charge. The state shall be represented by a prosecuting
officer in any contested hearing. If the violation is
established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked,
the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof
shall not be appealable.
 Obligations of a Probationer
 1. Present himself to the Probation Officer within 72
hours from receipt of probation order.
 2. Report himself to the probation officer at least
once a month during the period of probation.
 3. Not to violate the conditions of his probation.
 Terms and conditions of
Probation
 Two kinds of Conditions in Probation:
 1) mandatory
 2) Discretionary
 Mandatory or General
Conditions
 1. To present himself to the Probation Office for
Supervision within 72 hours from receipt of the probation
order.
 2. To report to the assign probation officer at least once a
month during the period of probation at such time and
place as may be specified by the Probation Office.
 Discretionary or General
Conditions
 1. Cooperate with his program of probation treatment and
supervision.
 2. Meet his family responsibility.
 3. Devote himself to a specific employment and not to change
said employment without prior written approval of the Chief
Probation and Parole Officer;
 4. Undergo medical, or physiological, or clinic, or drug or
psychiatric examinations and treatment and remain in a
specified institution, when required for the purpose;
 5. Comply with a program of payment civil liability
of the offended party or his heirs, when required by
the trial court of as embodied in its decision or
resolution;
 6. Pursue a prescribed secular study or vocational
training;
 7. Attend or reside in a facility established for
instruction, schedule or residence of persons on
probation;
 8. Refrain from visiting houses of ill-repute;
 9. Abstain from drinking intoxicating beverages to
excess;
 10. Permit the supervising probation officer on case
or authorized social worker to visit his home and
place of work;
 11. Resides at premises approved by the trial court;
and
 12. Satisfy other conditions related to his
rehabilitation into a useful citizen, which is not
unduly restrictive of his liberty or incompatible with
his freedom of conscience.
 In case of violation is committed
by the probationer:
The Court, after considering the nature and seriousness of the
violations of the probation, may issue a warrant for the arrest
of the probationer. He is then brought to the court immediately
for hering, which is summary. If violation is established, the
court may revoke or continue the probation and modify the
conditions thereof. If revoked, the probationer shall be ordered
to serve the sentence originally imposed and shall commit the
probationer. The order of the court is not appealable.
 Termination of Probation
 Sec. 16. Termination of Probation- After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
 Final Discharge of Probation and
its Implications (Sec 3 of RA 10707

 The final Discharge of the Probationer shall operate to

restore him all civil right lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as
to the offense for which probation was granted.
 The probationer and the probation officer shall each be
furnished with a copy of such order.
 Note: The suspension of the sentence however, has no
bearing on the civil liability, which is separate and
distinct from the criminal action.
 Probation is revocable before final discharge of the
probationer by the court. Thus the expiration of
the probation period alone does not automatically
terminate probation. Probation is not
conterminous with the period. There must be first
issued by the court of an order of final discharge
based on the report and recommendation of the
probation officer. Only from such issuance can the
case of the probationer be deemed terminated.
Parole and Probation
Administration (PPA)
 Parole and Probation
Administration (PPA)
 Formerly known as Probation Administration
 Created by virtue of Presidential Decree 968, “The
Probation Law of 1976” to administer the probation
system. Under Executive Order 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.
 Vision
 A model component of the Philippine Correctional
system that shall enhance the quality of life of its
clients through multi-disciplinary programs and
resources, an efficient organization, and a highly
professional and committed workface in order to
promote social justice and development.
 Mission
 To rehabilitate probationers, parolees and pardonees and
promote their development as integral persons by utilizing
innovative interventions and techniques which respect the
dignity of man and recognize his divine destiny.
Mandate

 The Parole and Probation Administration is

mandated to conserve and/or redeem convicted
offenders and prisoners who are under the
probation or parole system.
 Goals
 The Administration’s program sets to achieve the
following goals;
 Promote the reformation of criminal offenders and
reduce the incidence of recidivism, and
 Provide a cheaper alternative to the institutional
confinement of first-time offenders who are likely to
respond to individualized, community base treatment
programs.
 Functions
 To carry out these goals, the agency through its
network of regional and field parole and probation
offices performs the following functions:
 To administer the parole and probation system
 To exercise supervision over parolees, pardonees and
probationers
 To promote the correction and rehabilitation of criminal
offenders
 SERVICE OBJECTIVE
1.To provide the courts with relevant information and judicious
recommendation for the selection of the offenders to be placed
on probation.
2.To provide the Board of Pardons and Parole with necessary
and relevant information which can be used in determining a
prisoners fitness for parole or any form of executive clemency.
3. To provide the Dangerous Drug Board with pertinent
information and prudent recommendations for the
determinations of first-time minor drug offenders to be placed
on suspended sentence.
 SERVICE OBJECTIVE
4. To affect the rehabilitation and integration of the
probationers, parolees, pardonees and first-timer minor drug
offenders as productive, law abiding and socially responsible
members of the community.
5. To prevent recidivism and protect the community through a
well-planned supervision of probationers, parolees, pardoned,
and first time minor drug offenders.
6.To make use of innovative and financially and technically
feasible projects to uplift the moral, spiritual and economic
condition of probationers, parolees, pardonees, and first-time
minor drug offenders by utilizing available community
resources as much as possible.
 SERVICE OBJECTIVE
7. To continuously asses and improve professional performance
in post-sentence, pre-parole/executive clemency and suspend
sentence investigation case management and other related
work.
8. To periodically review the Probation Law and its
implementing rules so as to reconcile the same with the
evolving realities in the field.
9.To assiduously observe and uphold the professional ethics in
the delivery of service.
The Indeterminate Sentence
Law (ISLAW) (Act No. 4103
as amended)
 The basic mandate of the Indeterminate Sentence
Law is the imposition of an indeterminate sentence
which is comprised by a MINIMUM term and a
MAXIMUM term. The court instead of imposing a
“straight” penalty, the court must determine two
penalties. It is indeterminate in the sense that after
serving the MINIMUM, the convict may be released
on Parole, or if he is not fitted for release, he shall
continue serving his sentence until the end of the
MAXIMUM.