CHAPTER I

INTRODUCTION TO COMMUNITY BASED

CORRECTION PROGRAM

Lesson 1
I. THE PRESENT PHILIPPINE
CORRECTIONAL SET-UP
A. WHAT IS CORRECTION?
Correction is the branch of the administration of CJS charged with the
responsibility for the custody, supervision and rehabilitation of
convicted offenders. It is also define as the STUDY OF JAIL OR PRISON
MANAGEMENT AND ADMINISTRATION as well as the rehabilitation and
reformation of criminals.
Further, it is define as a GENERIC TERM that includes all government
agencies, facilities, programs, procedures, personnel, and techniques
concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
B. DUAL PURPOSE OF CORRECTIONS
1. To punish and
2. To rehabilitate the offender.
C. THE CORRECTIONS AS A
COMPONENT OF CRIMINAL JUSTICE
SYSTEM
Correction is the fourth pillar of the PCJS, and identified as the weakest
pillar. As a field of criminal justice administration, it utilizes the body of
knowledge and practices of the government and the society in general
involving the process of handling individuals who have been convicted
of offenses for purposes of crime prevention and control.
Among the five pillars of the criminal justice system, corrections is the
least heard, known or understood society seems to have some
reluctance to look at it although its role in the reformation and
rehabilitation of offenders cannot be overemphasized.
Furthermore, jail administration and control in our country is distributed to at least, four
agencies:
1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has supervision over
the national penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which
has the exclusive control over all city, municipal and district Jails nationwide;
3. 3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their
respective provincial and sub-provincial Jails; and
4. 4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes
care of, among others, youthful offenders entered in detention centers for juveniles,
aside from thesce,
Other agencies under this pillar are the: (Community Based Correction)
1. The Parole and Probation Administration (PPA) under the Department
of Justice (DOJ); and
2. The Board of Pardons and Parole also under the Department of
Justice.
NOTA : There are also LOCK-UP JAILS under the Philippine National Police (PNP); this
fragmented administration of jails often creates confusion since many are not aware
of this set-up.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and
others.
2. The PROTECTION of law-abiding members of society by keeping convicted
offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for their
eventual reintegration to the mainstream of society and helping them lead a normal
life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of isolation and
denial of liberty will influence inmates and potential offenders to lead a life not in
conflict or afoul with the law.
D. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we implement to
decongest our jails. But before we discuss these, allow me to show you
how congested our jails are as far as the national capital region is
concerned.
Jail congestion is not a recent phenomenon, nor is it confined in the
Philippines alone. Jail congestion is WORLDWIDE. Some industrialized
countries like the United States, experience it, let me cite a few examples:
Rikkers Island in New York is actually an island prison facility. It is
overcrowded. To cushion the effect of congestion, two floating dormitories
were constructed to confine offenders therein; in 1995 or four years ago.
Director General Keith Hamburger of the Queensland services commission
of Australia reported that congestion is also a problem in his country.
E. LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

1. Presidential Decree No. 603, known as the child and young welfare
code, suspends sentence of minor offenders whose ages range from
nine (9) years to under eighteen (18) years and place them in
rehabilitation centers under the supervision of the Department of
Social Welfare and Development before they are released to the
custody of their parents or to any responsible person.

2. Batas Pambansa Bilang 85, authorizes the release of a detainee who

has undergone preventive imprisonment equivalent to the maximum
imposable sentence for the offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in meritorious
cases, the commutation of the prisoner’s sentence through presidential
action shall be upon the recommendation of the court which imposed
the same; and ARTICLE 97, which provides that a prisoner shall be
entitled to a deduction from his prison term for good conduct; and

4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone

in-charge of local jails to effect the immediate transfer of national
prisoners to the Bureau of corrections.

5. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002

(July 4, 2002) -1st time minor offender (probation) for use 2 possession
only./deport
6. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

7. Republic Act No. 6036, known as the release on recognizance law, provides for the release of
offenders charged with an offense whose penalty is not more than six (6) months and/or a fine
of Two Thousand pesos (2,000) or both, to the custody of a responsible person in the
community, instead of a bail bond;

8. Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention from
the sentence imposed by the courts;

9. Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look
into the physical, mental and moral record of prisoners to determine who shall be eligible for
parole or conditional pardon.

10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976.
Probation is, of course, a very important legal instrument that contributes to the decongestion
of Philippine jails.
APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM
The Philippine Correctional System has two approaches, and these are, the Community
based and institution-based systems.
1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison
The institution-based approaches has three levels and are manned by three different government
agencies responsible for the supervision and control of the numerous institutional facilities
nationwide which provide safekeeping and rehabilitation of inmates, namely:
1. The national prison’s and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government; and
3. The City, Municipal and District Jails under the Department of Interior and Local
Government.
The Bureau of corrections, headed by a non-uniformed director, under the department of Justice,
supervises and controls the national prisons and penal farms.
2. Non-Institutional Correction or Community-Based Approach- It
refers to correctional activities that may take place within the
community or the method of correcting sentenced offenders without
having to go to prison.
Not all convicted offenders have to serve their sentence behind bars.
Some of them are allowed to stay in the community, subject to the
conditions imposed by the court.
They are either granted probation, parole, conditional pardon or
recognizance. The parole and probation Administration under the
Department of Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and monitors his
compliance with conditions imposed.
What is a Community correction?
It is a sanction in which offenders serve some or
all their sentence in the community. It is
sometimes referred to as non-institutional
corrections. The subfield of corrections in which
offenders are supervised and provided services
outside jail or prison.
SUBJECT COVERAGE
1. Probation - One of the most common forms of community
correction is probation. Probation can be thought of as a type
of post-trial diversion from incarceration. A term coined by
John Augustus, from the Latin verb “probare”- to prove, to
test.
It is a disposition under which a defendant after conviction of
an offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed
by the releasing court and under the supervision of a
probation officer.
Furthermore, it is define as a sentence in which the offender, rather
than being incarcerated, is retained in the community under the
supervision of a probation agency and required to abide by certain
rules and conditions to avoid incarceration.

2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become increasingly common for

jurisdictions to include restitution orders as part of probation.
Money paid or services provided to victims, their survivors, or to the
community by a convicted offender to make up for the injury inflicted.
4. Halfway houses - Community-based residential facilities that are less
secure and restrictive than prison or jail but provide a more controlled
environment than other community correctional programs.

Goal of Halfway House: The goal of halfway houses is to provide offenders

with a temporary period of highly structured and supportive living so that
they will be better prepared to function independently in the community
upon discharge.

What is home Confinement? It is a program that requires offenders to

remain in their homes except for approved periods of absence; commonly
used in combination with electronic monitoring. Home confinement is
also known as home incarceration, home detention, and house arrest.
OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after

having serve the minimum of his sentence without granting him
pardon, and the prescribing term upon which the sentence shall be
suspended.

2. Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without
Parole conditions and Commutation of Sentence as may be granted by
the President of the Philippines upon the recommendation of the
Board of Pardon and Parole.
a. Pardon It is a form of executive clemency granted by the President of the
Philippines as a privilege to a convict as a discretionary act of grace. It is an act of
grace is extended to prisoners as a matter of right, vested to the Chief Executive
(The President) as a matter of power. Neither the legislative nor the judiciary branch
of the government has the power to set conditions or establish procedures for the
exercise of this Presidential prerogative. The following are the two types of pardon:

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to
the individual his civil rights and remits the penalty imposed for the particular
offense of which he was convicted.

Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.
Absolute Pardon is also granted by a President to an imprisoned president
the incumbent has deposed. Absolute Pardon is granted in order to restore
full political and civil rights to convicted persons who have already served
their sentenced and have reached the prescribed period for the grant of
Absolute Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within

certain limits or conditions; from the punishment that the law inflicts for the
offense he has committed resulting in the partial extinction of his criminal
liability.
It is also granted by the President of the Philippines to release an inmate
who has been reformed but is not eligible to be released on parole.

b. Amnesty - A general pardon extended to a group of persons, such a

political offenders purposely to bring about the return of dissidents to their
home and to restore peace and order in the community.
c. Commutation of Sentence - An act of the president changing/
reducing a heavier sentence to a lighter one or a longer term into a
shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely
to reduce the penalty pronounce by the court.

d. Reprieve - A temporary stay of the execution of sentence especially

the execution of the death sentence. Generally, Reprieve is extended to
prisoners sentenced to death.

The date of execution of sentenced is set back several days to enable

the Chief to study the petition of the condemned man for commutation
of sentenced or pardon.
THE NATURE OF PROBATION
IN THE PHILIPPINES

I. INTRODUCTION
Most correctional authorities believed that probation is one of the
most effective and economical tools which society now has available
for the care, treatment and rehabilitation of certain adult and juvenile
offenders against the law. Probation is a procedure wherein a sentence
of offender is temporarily suspended and he is permitted to remain in
the community, subject to the control of the court and under the
supervision and guidance of a probation officer. It is a privilege granted
by the court to a person convicted of a crime or criminal offense to
remain with the community instead of actually going to prison.
Presidential Decree No. 968 otherwise known as the Probation Law of 1976
recognizes such trend. However, the Decree separates adult probation from juvenile
probation for it expressly excludes those entitled to the benefits under the provisions
of Presidential Decree No. 603, known as the Child and Youth Welfare Code, and
similar laws.
Statements of the principles, goals and objectives of the Probation Law are found in
its Preamble. The Preamble indicates six essential goals, to wit:
1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs
instead of in1prisonment;
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions
with rehabilitation programs.
To provide a less costly alternative to the imprisonment of first-time
offenders, then President Ferdinand E. Marcos issued on July 24, 1976
Presidential Decree No. 968 known as the Probation Law of 1976.
Under PD 968, the court may, after it shall have convicted and
sentenced an accused and upon application of said accused, suspend
the execution of said sentence and place the accused on probation for
such period and upon such terms and conditions as it may deem best.
First-time offenders were given a second chance to maintain their place
in society through a process of reformation, which is better achieved
when he is not mixed with hardened criminals within prison walls.
PROBATION DEFINE
The word probation is from the Latin word “probatio” which means testing. the
word probation is also said to be originated from the Latin verb “probare” which
means to prove.
In criminal law it is a period of supervision over an offender, ordered by a court
instead of serving time in prison. In the case of Frad v. Kelly, "Probation is a system
of tutelage under the supervision and control of the court which has jurisdiction
over the convicted defendant, has the record of his conviction and sentence, the
records and reports as to his compliance with the conditions of his probation, and
the aid of the local probation officer, under whose supervision the defendant is
placed." It consists of the conditional suspension of punishment while the offender
is placed under personal supervision and is given individual guidance or treatment.
The Philippine Probation Law of 1976, as enacted by Presidential Decree No. 968,
defines probation as, "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." This decree will take effect on January 2, 1978.
TERMS TO PONDER
As used in Section 3 of PD 968 and Section 4 of Parole and probation administration omnibus rules
on probation methods and procedure. The following shall, unless the context otherwise requires,
be construed thus:
1. Amicus Curiae – Means friend of the court
2. Absconding Petitioner- a convicted accused whose application for probation has been given due
course by the court but fails to report to the parole and probation office or cannot be located
within a reasonable period of time.
3. Absconding Probationer- an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue
reporting for supervision and/or whose whereabouts are unknown for a reasonable period of time.
4. Defense Counsel/Counsel- lawyer of the petitioner
5. Petition- application for probation.
6. Petitioner - a convicted defendant who files an application for probation.
7. Probationer - means a person placed on probation.
8. 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
9. Probation Investigation - The process of selection, diagnoses and
planning with the client.
10. Probation Supervision- The continuous process of helping the client
to follow through with the plans, reevaluation and working with the
client in the process of planning his life to meet dynamic situation.
11. Probation Officer - public officer like the Chief Probation and Parole
Officer (CPPO), Supervising Probation and Parole Officer (SPPO), Senior
Probation and Parole Officer (SrPPO), Parole and Probation Officer II
(PPOII), or Parole and Probation Officer I (PPOI), who investigates for
the Trial Court a referral for probation or supervises a probationer or
does both functions and performs other necessary and related duties
and functions as directed.
12. Probation Office - refers either to the Provincial or City Probation
Office directed to conduct investigation or supervision referrals as the
case may be;
13. Probation Order - order of the trial court granting probation
14. Prosecutor- lawyer of the victim.
15. Trial Court - refers to the Regional Trial Court (RTC) of the Province
or City/Municipal Court which has jurisdiction over the case.
16. Volunteerism - is a strategy by which the parole and probation
administration may be able to generate maximum citizen participation
or community involvement in the overall process of client rehabilitation
II. CONCEPT AND PHILOSOPHY OF PROBATION

A. CONCEPT OF PROBATION
P.D 968 as amended, otherwise known as the probation law of 1976 defines probation.
The court convicts and sentences the defendant but the execution of the sentence,
whether it imposes a fine only or a term of imprisonment is suspended and the
defendant is released on probation. Probation implies that during the period of time fixed
by the court, the defendant is provided with individualized community based treatment
including conditions he is required by the court to fulfill his correction and rehabilitation
which might be less probable if he were to serve a prison sentence, and for this purpose,
he is placed under the actual supervision and visitation of a probation officer.
If the defendant violates any of the conditions of his probation, the court may revoked his
probation and order him to serve the sentence originally imposed. On the other hand, if
he fulfills with the terms and conditions of his probation, he shall be discharge by the
court after the period of probation, where upon the case against him shall be deemed
terminated.
His final discharged shall operate to restore to him all civil rights lost or
suspended as result of his conviction and to fully discharge his liability
for any fine imposed as to the offense for which probation was granted.
However, he shall continue to be obliged to satisfy liability resulting
from the crime committed by him.
The basic legal conceptions of probation in the Decree are twofold:
First, it as a conditional suspension of the execution of sentence - It
denotes that the court assumes a primary role because a grant of
probation is judicially dispensed and controlled. Second it is a personal
care or treatment and supervision over the probationer - It indicates
the administrative aspect of probation through the supervision of a
probation officer and from the point of view of social workers, a social
casework treatment.
 FOUR (4) ESSENTIAL ELEMENTS OF PROBATION

1. A post sentence investigation report which will serve as the

informational for the court’s decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety
and to faster the rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation
officer.
 ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the probation system under
Presidential Decree No. 968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
3. Persons under probation retain their civil rights, like the right to vote,
or practice one's profession, or exercise parental or marital authority.
 CHARACTERISTICS OF PROBATION

1. More enlightened and humane correctional treatment.

2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community based
treatment programs instead of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.