Notes on Correctional Administration for 2015 C.L.

E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
 Correction is a branch of the administration of criminal  Split sentence- the imposition of penalties such as
justice system, charge with the responsibility for imprisonment and fine.
custody, supervision, and rehabilitation of the
 Trustee - an inmate of a jail or prison who has
convicted offender.
assigned to a status of " trust " because he is
 Classification- is the placing of prisoners into types or considered by the officer or administrator to be
categories for the implementation of the best treatment sufficiently responsible given a wider range of work
programs. It is a method by which diagnostic treatment with less supervision than they others.
planning and execution of treatment programs are
 Alexander Macanochie – Superintendent Norfolk Island
coordinated in individual cases.
Penal Colony in Australia and introduced the Mark
 BUPRI – the ship of the Bureau of Prison. System. A system in which a prisoner is required to
earn a number of marks based on proper department,
 Departation- imprisonment by designating forced
labor and study in order to entitle him for a ticket for
domicile in a desert or in an island.
leave or conditional release which is similar to parole.
 Diversification – is an administrative device of
 Aristotle (400 BC) – The Atenian who first attempted to
correctional institutions of providing varied and flexible
explain crime in his book NICOMEDIAN ETHICS. He
types of physical plants for more effective control of the
explains that punishment is a means of restoring the
treatment programs of its diversified population. It is
balance between pleasure and pain. This philosophy is
the separation of different types of inmates for sound
the forerunner of the Free Will Theory or Classical
execution of their treatment and custody.
Theory.
 Fish - the newly arrived inmates.
 Auburn Prison System- This is also called the
 Gaol is the old term for a jail. Congregate System. The prisoners are confined in
their own cells during the night and congregate work is
 Gorilla - an inmate who uses force to take what he
shops during the day. Complete silence was enforced,
wants from others.
that is why no communications between prisoners.
 Golden Age of Penology – 1870-1880/ 18 century.
 Australia – The biggest penal colony of the world
 Hulks (floating hells) – old and abandoned ships are before it become a country. Prisoners in England were
used as prison. transported in this place in 1790-1875 to avoid
decongestion.
 Jail is a primary adult penal institution used for
detention of law violators, which is administered by a  Cesare Bonesa, Marchese de Beccaria (1738-1794) –
province, city or municipality. He wrote the most an essay entitled “An Essay on
Crimes and Punishment”, the most existing essay on
 Lock-up is a security facility usually operated by the
law during this century.
police department for temporary detention of persons
held for investigation or awaiting for trial.  Charles Montesiquieu (1689-1755) – was a French
historian and philosopher who analyzed law as an
 Manning level – 1:6 inside prison and 2:12 outside the
expression of justice. He believe that harsh
prison.
punishment would undermine morality and that
appealing to moral sentiments as a better means of
 Matron – the keepers of the records inside the prison preventing crime.
such as but not limited to visitorial logbook.
 Elmira Reformatory – It was established in 1876 for a
 Mittimus (commitment order or confinement order) - is substitute for penitentiary, only for young offenders
a warrant issued by a court directing the jail or prison from the ages of 16-30, convicted for the first time and
authorities to receive the convicted offender for service limited to indeterminate sentence. Considered the
of sentence imposed therein. forerunner of Modern Penology.
 Oplan Greyhound – is the search of the offender and  Evelyn Ruggles Brise – The director of prison who
visitors while entering the jail facilities for checking of opened the Borstal Institution for young offenders.
contraband. Borstal Institution is considered as the best reform
 Penology (Coin by Francis Leiber) is one of the institution for young offenders today. It was established
principal divisions of criminology with concern with the on 1816.
study of the principle of punishment and management  Hospicio de San Michelle – It was established at Rome
of prisons, reformatories and other confinement units. by Pope Clement XI in 1703 for incorrigible minors
 Prison Argot – is the slang term of prison language of under 20 years of age.
the inmate subculture.  Jean Jacques Philippe Villain – The founder of Maison


 Prison is a confinement facility having custodial de Force (the Prison of Ghent) and the father of
authority over individual sentenced by a court to Penitentiary Science. It divides minor and adult
imprisonment, which is administered by national offenders.
prison.  Jeremy Bentham (1748-1832) – He is the greatest
 Quarantine period – 5 days leader in the reform of English Criminal law. He
believes that whatever punishment designed to negate
 RDC – two months period/ 60 days whatever pleasure or gain the criminal derives from
crime, the crime rate would go down. Designed
 Rat - an inmate who provides information about other Panopticon Prison, a prison that consists of a large
inmates to the prison administration. circular building containing multi cells around the
 Regalatio – imprisonment in the form of restricting from periphery.
the choice of residence.

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
 John Howard (1726-1790) – He was sheriff of 2. Checking – this include the checking of papers and
Bedsfordshire in 1773 who devoted his life and fortune other documents of prisoner by the prison
to prison reform. After his findings on English Prisons, administrator, such as travel document or
he recommended the following: single cells for commitment order issued by judge.
sleeping, segregation of women, segregation of youth, 3. Identification – proper identification of prisoner is
provision of sanitation facilities, and abolition of fee done through his picture and fingerprint.
system by which jailers obtained money form prisoners 4. Searching – this involves frisking and searching
hidden dangerous things or weapons and other
 Maison de Force (The Prison of Ghent) – It was
contraband.
established by Jean Jacques Philippe Villain, who is
5. Orientation – this is the reading of rules and
considered as the Father of Penitentiary Science at
regulations of the prisons.
Ghent, Belgium in 1773. It provides a separate quarter
6. Assignment – prisoner is sending to quarantine
for minors, men, and women offenders on the bases of
unit for a period of seven to ten days.
the gravity of the offense committed such as
misdemeanor and felony. Its purpose is to rehabilitate
Admission Summary:
rather than to punish offender.
A written report submitted by the RDC staff regarding
 Panopticon – designed by Jeremy Betham, consisted their findings on the prisoner, had compiled and forms
with a large, cast iron and glass containing multi tiered the prisoner’s history. The purposes of these are: (1) it
cells around the perimeter with an observation tower serves as guide for the classification committee in
that has a special shutter to prevent the prisoners from carrying out programs intended for rehabilitations of
seeing the guards. prisoners or prisoner; and (2) guide for parole officer in
parole program, supervision and planning.
 Pennsylvania Prison System - It was first introduced at
the Eastern State Penitentiary, designed by JOHN
Classification Process
HAVLAND, erected at the State of Philadelphia. This is
Classification is a method by which diagnosis,
also called Solitary System (Separate system).
treatment, planning and executive of treatment
Prisoners are confined in single cells day and night
programs are coordinated in the individual cases. Its
where they lived, they slept, and they ate and receive
objectives are:
religious instructions. Complete silence was enforced.
1. The development of an integrated and realistic
They are required to read the Bible.
program for prisoner.
 Singsing Prison – it was built by Warden Elam Lyands 2. To arrived a through the coordination of the
at the abandoned silver mine 30 miles away from the diagnosis, planning and treatment activities.
New York City on the bank of Hudson River in 3. To informed continuity of these activities from the
Ossining 1825. Silence was enforced among prisoners time of the arrival to the release of the prisoner.
that even the movement of their lips would result them
to being beaten or flogged. Three Phases of Classification Process
1. Diagnosis
 The London House of Correction in 1956
2. Treatment planning
(BRIDEWELL) – Bridewell was used for locking-up
3. Executive of treatment program
employee and whipping beggars, prostitutes and
others misfits. This institution was built for giving
The first two take place at the reception center,
importance to regular work and formulations of habits
which is a special unit separate from the prison or in
of industries. This was renamed Bridewell, because
the classification clinic of the prison. The third takes
inside of this compound there was a well, known of its
place at the operating institution or prison.
medicinal properties and was called St. Bridget’s Well
(First house of correction in England)
It is necessary that prisoners should undergo a
 Walnut Street Jail - the first American penitentiary diagnostic examination, study and observation for the
adopting the principles of John Howard of segregating purposed of determining the program of treatment and
offenders based on sex, age and mental capacity. training best suited to their needs and the institution to
 Walter Crofton – Director of Irish Prison in 1854, who which they should be transferred. These processes
introduced the Irish System. take place in the Reception and Diagnostic Center.

 William Penn (1614-1718) - was the governor of the Prison Discipline, Security, Custody and Control:
state of Pennsylvania initiated early reforms in their
prison system. He fought for religious freedom and One of the most important phases of prison
individual rights. And prescribe imprisonment as management is the custody and control of prisoners.
correctional treatment for major offenders. He is also The rehabilitation program in prison cannot be carried
responsible for the abolition of death penalty and out if prisoners are not effectively controlled.
torture as a form of punishment.
 Zebulon Brockway – Director of Elmira Reformatory in The authorities should consider the
New York in 1876. Elmira Reformatory is considered rehabilitation of prisoners as its ultimate goals, though
forerunner of modern penology because it had all the the primary objective of prison program is security.
elements of a modern system. Security aims should focused on the prevention of
escape, control of contraband and maintenance of
Admission Procedure in Prison: good and order.
1. Receiving – prisoners from city or provincial jails
where transferred in the national prison after a. Prison Discipline – is the state of good order
conviction by final judgment if the penalty is more and behavior. Includes maintenance of good
than three years. The prisoners are received at the standards of works, sanitation, safety,
Reception and Diagnostic Center for examinations. education, health and recreation.

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
1. Employment of Prisoners - Employment of
b. Preventive Discipline – early correction of prisoners provides for the development or reviving
minor violations committed by prisoners before the skills and work habits, which are instrumental
it become serious one. These includes: to the rehabilitation of inmates and their
1. Hard labor occupational adjustment in a free society. Prison
2. Deprivation administrator will provides reasonable incentive in
3. Monotony time credit and wages in order to encourage other
4. Uniformity prisoners to derive benefits from participation in
5. Mass movement this employment program.

c. Security – safety measures for the 2. Religious Service - It is employed to guide, sustain
maintenance and order of the prison. and inspired prisoners to live in a normal life while
d. Custody – security measures to control the they are inside the prison cell.
prisoners in the prison.
e. Control – supervision of the movement 3. Educational Program - Is an instrumental that
prisoners. shapes the destiny of man in the field of
a) Purposes: correction? It is the most important tools for the
 Prevention of escape rehabilitation, treatment and training of prisoners.
 Control of contraband Goals of education program.
 Maintenance of good order a. To offer inmates sufficient academic education
to enable him to face the needs of the world as
b) Canon of sound security and control: better equipped person.
 An adequate system of classification of b. To provide vocational training so that he might
prisoners. take his proper places in society and
 Regular and proper inspection of economically free.
security facilities. c. To offer cultural and hobby activities that will
 Proper control of firearm. enable him not only to be better adjusted to his
 Adoption of an adequate system of prison circumstances but to broaden his area
counting inmates of interests and cultivate the aptitude of looking
 Constructive control of contraband forward to his return to a free society.
 Standardized key control, tools and
equipment. 4. Recreational Program - Is necessary and important
 Other necessary precautionary measure part of the rehabilitation, treatment and training of
that will ensure for effective security prisoners in order to do away with the monotony of
control prison life.

Purpose of Security Classification of Offenders 5. Library Services - Play a vital role in providing
institutions with information that would link the
1. To separate offenders who by reason of their events of the free society to the prisoners, who are
criminal record or derogatory character, are likely a member of the society or community.
to exercise a bad influence on other offenders.
2. To separate offenders who by gravity of their 6. Health and Medical Services - Is the proper
offenses, have been sentence to longer periods of maintenance of health of the prisoners by physical
imprisonment and therefore require more security and mental check-up.
facilities.
3. To divide and segregate the offenders into classes 7. Counseling - Is the relationship in which one
to facilitate their rehabilitative treatment. endeavors to help another understand and solve
his problems of adjustment. Its object is to give
Rehabilitation and Treatment Programs immediate solution of a specific problem. It
includes the following:
Rehabilitation programs of prisoners can be a. vocational
carried out through the process of classification and b. casework
custody and control of prisoners. Classification is more c. clinical service
than placing prisoners into types or categories, while
custody and control of prisoners are important phases History of Early Philippine Prisons:
of prison management. Treatment services, on the Prison Creatio Place Admini Produc Lot Area
other hand, are geared toward improving an offender's n strator t
attitude and his philosophy of life. New 1847 Muntinl --------- --------- 552
Bilibid upa ------ --------- hectares
Prison 1936 City -
In the modern concept of penology, a
Note: Two Satellites: Bukang Liwayway- intended for
correctional institution in order to be effective Minimum Security Prisoners and Camp Sampaguita -
machinery in the prevention and control of crime Reception and Diagnostic Center is located and intended for
should see to it that its prevention or programs is Medium Security Prisoners and Youth Rehabilitation Center.
geared to protect the society, and at the same time to San August Zambo Capt. Copra 1,542.61
rehabilitate the offender. Although this may entail a Ramon 21, anga Ramon Hectares
Blanco
long range program of rehabilitation it is important Prison 1869 City
nonetheless because its success will mean sending and
the offender back to that community as a useful and Penal
law-abiding citizen for the rest of his life. Farm

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
Iwahig Novem Sta. Gover Copra, 36,000 4. Minimum security Offenders (brown) - are those
Penal ber 16, Lucia nor Rice hectares who can be reasonably trusted to serve their
Colony 1904 Pala- Forbe and sentence under open conditions.
wan s Corn a. Invalid offenders of those who have physical
Note: Four Colonies: Sta. Lucia, Inawagan, Montible and disabilities.
Central
b. Offenders who are over sixty-five (65) years of
Correct Nov. Manda dressm 18
ional 27, -luyong aking, Hectares age.
Instituti 1929 Manila handicr c. Offenders who have one (1) more year to
on for aft serve before the expiration of their sentence.
Women d. Life timers who have served at least fifteen
Davao Januar Tagum Paulino Abaca 18,000 (15) years of their imprisonment excluding
Penal y 21, Davao Santos and Hectares Good conduct Time Allowance.
Colony 1932 Banan
a Pardon is a form of executive clemency, which is
Note: Sub-Colonies: Panabo sub-colony and Kapolong sub- exercised by the Chief Executive. It is an act grace and
colony.
the recipient of pardon is not entitled to it as a matter of
Sablay Septe Sabla- Alfredo Rice 16,403
an mber yan, M. and .5 right.
Penal 27, Occiden Bunye Vegeta Hectar
tal Kinds of Pardon
Colony 1954 bles es
Mindoro
and a. Absolute or Conditional
Farm The former is one extended without any strings
Leyte Januar Abu- Vicente attached, so to speak, whereas the latter is one
Region y 16, yog Rabal under which the convict is required to comply with
al 1973 Leyte certain requirements.
Prison b. Plenary or Partial
Note: the oldest Prison is the Fort Santiago in Manila The former extinguishes all the penalties imposed
upon the offender, including accessory disabilities
Categories of Prisoners under P.D. No. 29 whereas the latter does not.
1. Municipal Prisoners - not more than six (6) months.
2. Provincial or City Prisoners - not more than three Purposes of Absolute Pardon
(3) years. a. To do away the miscarriage of justice.
3. National Prisoner or Insular Prisoner - more than b. To keep abreast with the current philosophy,
three (3) years. concept or practice of criminal justice
administration.
Security Classification of Offenders c. To restore full political and civil rights of persons
1. Super Maximum Security Offenders – are those who have already serve their sentences and have
incorrigibles and dangerous prisoners who are waited the prescribed period.
difficult to manage.
Limitation of the Pardoning Power
2. Maximum Security Offenders (orange) - are those 1. Pardon cannot be extended to cases of
whose escape could be highly dangerous to the impeachment.
public or to the security of the country. 2. No pardon, amnesty, parole, or suspension of
a. Offenders whose sentence is more than twenty sentence for violation of election laws, rules, and
(20) years. regulations shall be granted by the president
b. Remand or detained offenders whose without the favorable recommendation of the
sentence is under review by the Supreme Commission.
Court. 3. Pardon is exercised only after conviction.
c. Offenders who are criminally insane or have
severe personality or emotional disorder that Conditional pardon is in the nature of a contract, so
makes him dangerous both to fellow inmates that the recipient must first accept it before it takes
or prison personnel. effect. The pardonee is under obligation to comply
strictly with the conditions imposed therein. Otherwise,
3. Medium Security Offenders (blue) - are those who his non-compliance will result in the revocation of the
cannot be trusted to open conditions and pose less pardon (Art. 95, RPC). If the pardonee violates any of
danger to society in the event of their escape. the conditions of his pardon, he will be prosecuted
a. Offenders whose minimum sentence is less criminally as a pardon violator. Upon conviction, the
than twenty (20) years. accused will be sentenced to serve an imprisonment of
b. For those who have two or more records of prision correctional. However, if the penalty remitted by
escape, they must be served eight (8) years at the granting of such pardon is higher that six (6) years,
the maximum security, before recommitted in the pardonee will be made to serve the unexpired
the medium security. portion of his sentence. (Art. 159, RPC)
c. Youth offender whose age is eighteen (18)
years old or younger regardless of the nature
Amnesty is a general pardon extended to groups of
of the case and sentence.
persons and is generally exercised by executive
d. Life sentences offenders, if they have served
clemency with the concurrence of the Congress.
ten (10) years of imprisonment, excluding
Good Conduct Time Allowance, in the
Objectives of Amnesty
maximum-security prison.
1. To pardon those who committed crimes against the
security of the state who have changed their
attitude towards the government and have

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
voluntarily surrendered with their arms and  Maximum penalty – shall not exceed the
ammunitions. maximum penalty provided by law.
2. To get the dissidents back into the fold of law-  Minimum penalty – shall not be lower than the
abiding citizens. penalty allowed by law.
3. To gather the loose firearms.
The indeterminate Sentence Law shall not apply to
Commutation is an act of clemency by which an the following persons:
executive act changes a heavier sentence to a less 1. sentenced to death penalty or life imprisonment
serious or a longer term to a shorter term. It may alter 2. treason, or conspiracy or proposal to commit
death or life sentence to a term of years. treason
3. misprision of treason, rebellion, sedition or
Purpose of Commutation espionage
1. To break the rigidity of law 4. piracy
2. To extend paroles in cases where the parole law 5. habitual delinquents
does not apply 6. escaped from confinement, or evaded sentence
3. To save life of a person sentenced to death 7. granted with conditional pardon by the President,
but violated the terms thereof
Specific cases where commutation is provided by 8. maximum term of imprisonment do not exceeding
law 1 year
1. When the convict sentenced to death is over 70 9. sentenced to the penalty of destierro or
years of age. (Art. 83, RPC) suspension only.
2. When ten (10) justices of the Supreme Court fail to
reach a decision for the affirmance of the death A. HISTORY OF PROBATION LAW
penalty. (Art. 47, RPC) TEODULO NATIVIDAD Father of probation in
Philippines
Reprieve is the temporary stay of the execution of JOHN AGUSTUS Father of probation in
sentence. United State
MATHEW DAVENFORD Father of probation in
Good Conduct Time Allowance is the statutory HILL England
shortening of the maximum sentence the prisoner
serves because of good behavior while in prison. This Presidential Decree No. 968, which
is called “good-conduct time” and is given by law as established a probation system as a less costly
motivation for good behavior while serving sentence in alternative to the imprisonment of the offenders who
prison. are likely to respond to individualized, community-
based treatment programs is the second legislation
Act No. 2489. Otherwise known as the Industrial Good that enforces a probation system in the country. The
Time Law, provides that when a prisoner has been first legislation was Act No. 4331, enacted by
classified as a trusty or penal colonist, he is given an Philippine Legislature on August 7, 1935 and which
additional five (5) days time allowance for every month created a Probation Office under the Department of
of service. A prisoner serving life sentence has his Justice. However, because of some defects in law, Act
sentence automatically reduced to 30 years of No. 4221, was declared unconstitutional on November
imprisonment upon attaining the classification of trusty 16, 1937, in the case of People vs. Vera (37 O.G. 164)
or penal colonist. for undue delegation of legislative power

Art. 98, RPC. Special time allowance for loyalty- P.D. No. 968, known as the Probation Law of
A deduction of 1/5 of the entire penalty in accordance 1976, was promulgated on July 24, 1976. It was later
with article 158 of the RPC. on amended by P.D. No. 1257 on December 1, 1977
 Calamities/catastrophes and later on by P.D. No. 1990 on October 5, 1985.
 Executive proclamation
 Surrendered within 48 hours PROBATION is a disposition under which a defendant
after conviction and sentence is released subject to
Act No. 4103, as amended by Act No. 4225 conditions imposed by the court and to the supervision
(ISLAW). INDETERMINATE SENTENCE – is a of a probation officer.
sentence with a minimum term and a maximum term
which the court is mandated to impose for the benefit PURPOSE
of a guilty person who is not disqualified therefore 1. Promote the correction and rehabilitation of an
when the maximum imprisonment exceeds one (1) offender by providing individualized treatment;
year. It applies to both violations of Revised Penal 2. Promote an opportunity for the reformation of a
Code and special penal law. penitent offender which might be less probable if
he were to serve a prison sentence; and
It applies both acts punishable by; 3. Prevent the commission of crime.
1. RPC
RULES ON GRANT OF PROBATION
 Maximum penalty – consider the attending
1. After having convicted and sentenced a
circumstances of mitigating and aggravating in
defendant, the trial court MAY SUSPEND the
fixing the penalty
execution of the sentence, and place the defendant
 Minimum penalty – within the range of one
on probation, upon APPLICATION by the
degree lower of the prescribed maximum
defendant within the period for perfecting an
penalty.
appeal.
2. Special Law.

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 Notes on Correctional Administration for 2015 C.L.E
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2. Probation may be granted whether the “nullum crimen, nulla sine poena lege” there is no
sentence imposes a term of imprisonment or a fine crime if there is no law punishing it.
only.
3. NO application of probation shall be 2. Relative theories – these theory concerns that
entertained or granted if the defendant has punishment is a utility and usefulness of the
PERFECTED AND APPEAL from the judgment of society.
conviction. Classifications:
4. Filling of application for probation operates as a. Reformative – reformation is the ultimate
a WAIVER OF THE RIGHT TO APPEAL. objective of punishment.
5. The application shall be filed with the trial court b. Exemplarity – punishing criminals will deter the
and the other granting or denying. others from committing crimes.
6. Accessory penalties are deemed suspended c. Protective – people must be protected from
once probation is granted. socially danger persons.

POST-SENTENCE INVESTIGATION 3. Compromisual theory – this theory settles the

 Not later than 60 days - period of post sentence concept of justification, sentiments and grounds for
investigation conducted by probation officer punishment through compromises of conflicting
 Not later than 15 days- the court resolved the views. Its objectives concern with retribution and
application. deterrence of criminals.

PROBATION SHALL BE DENIED IF THE COURT Early Laws Prescribing Penalty:

FINDS THAT
1. Offender is in need of correctional treatment 1. Code of Hammurabi - King Dungi of Sumer (part of
2. There is undue risk of committing another crime Iraq today) is credited with developing one of the
3. Probation will depreciate the seriousness of the first legal codes in about 2000 B.C. its content is
offense committed known today because it was adopted by
Hammurabi (1792-1750 B.C.), the sixth king of
DISQUALIFIED OFFENDERS: Babylon, in his famous set of written laws that
1. Sentenced to serve a maximum of imprisonment today is known as the Code of Hammurabi.
of more than 6 years. Preserved on basalt rock columns, the code
2. Convicted of subversion or any crime against the establishes crimes and their correction.
national security or the public order. Punishment was based on the physical retaliation
3. Previously convicted by final judgment of an or lex talionis (an eye for an eye).
offense punished by imprisonment of not less than 2. Twelve Tables (451 B.C.) - A special commission
1 month and 1 day and/or a fine not more than of 10 noble Roman men formulated the Twelve
P200. Tables in response to pressure from the lower
4. Once placed on probation. classes, who were referred to as plebeians. The
plebeians believed that an unwritten code gave
CONDITIONS OF PROBATION arbitrary and unlimited power to the wealthy
1. Mandatory or general – once violated, the classes, known as patricians, who served as
probation is cancelled. They are: magistrates.
a. Probationer Presents himself to the probation 3. Burgundian Code (5000 AD) – Punishment
officer designated to undertake his according to social class of person such as
supervision, at such place as may by specified nobles, middle and lower classes.
in the order, within 72 hours from receipt of 4. Benefit of the Clergy – An alternative of severe
order; punishment by submitting the offenders into the
b. He Reports to the probation officer at least custody of an ecclesiastical court. It is less punitive
once a month because it focuses on the salvation of the soul by
the penitent offenders rather than administering
2. Discretionary or special physical punishment.
5. Securing Sanctuary (13th century) - Criminals may
PERIOD OF PROBATION avoid the arrest and punishment by claiming a
1. Not more than 1 year = not exceed two years refuge or protection in a church for 40 days,
2. In all other cases = shall not exceed six years. then at the end of such periods he will be
3. For fine = not more than twice the compelled to live the realm by the road or way
total number of days of subsidiary imprisonment. designated to him out from the hands of the
authority.
Maximum Periods for Rendition of Judgments 6. Trial by Ordeal – A church substitute for a trial
1. Supreme Court - 24 months wherein guilt or innocence of the accused was
2. Court of Appeals and other collegiate courts - 12 determined by his ability of being unscathed
months through dangerous and painful tests.
3. Municipal Trial Courts and other lower courts - 3
months Early forms of Punishment
1. Corporal/ Death penalty – these includes
Theories of Penology: beheading, hanging, pillory, burning and among
1. Absolute theories – these theory concerns with the others.
legalistic approach on penal applications as a 2. Physical Torture – these includes flogging,
ground of calling justice. The imposition of mutilation and branding.
punishment is a retributive nature of justice 3. Social humiliation – it is done by putting the
reformation, deterrence, crime prevention, self- offender into shame.
defense and control. It adopts the principle of
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By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
4. Banishment or exile – it is carried by placing the 2. Self - defense - the state has a right to punish the
offender into another place. criminal as a measure of self-defense so as to
5. Slavery – it is done by compelling the offender to protect society from the threat and wrong inflicted
perform hard labor. by the criminal.
3. Reformation - the object of punishment in criminal
Contemporary Forms of Punishment and cases is to correct end reform the offender.
Clemencies: 4. Exemplarity - the criminal is punished by the state
1. Imprisonment as act to deter others from committing crimes.
2. Parole 5. Justice - that crime must be punished by the state
3. Probation as an act of retributive justice, a vindication of
4. Pardon absolute right and moral violated by the criminal.
5. Amnesty
6. Fine Extinction of Criminal Liability
7. Destierro a. Total Extinction
b. Partial Extinction
Goals of Sentencing
1. Retribution - is the act of taking revenge upon a Total Extinction of Criminal Liability
criminal perpetrator. 1. Death of the convict
2. Incapacitation - is the use of imprisonment or other 2. Service of sentence
means to reduce the likelihood that an offender will 3. Amnesty
be capable of committing future offenses. 4. Absolute pardon
3. Deterrence - is a means, seeks to prevent others 5. Prescription of crime
from committing crimes or repeating criminality 6. Prescription of penalty
4. Rehabilitation - is the attempt to reform a criminal
offender is said to be rehabilitated. Period of Prescription of Crimes
5. Restoration - a goal of which attempts to make the a. Crimes punishable by Death, Reclusion Perpetua
victim whole again. or Reclusion Temporal - 20 years;
b. Crimes punishable by other Afflictive penalties - 15
General Classification of Penalties years;
1. Principal Penalties - those expressly imposed by c. Crimes punishable by correctional penalties - 10
the court I the judgment of conviction. years, except arresto mayor - 5 years;
a. Capital punishment: Death Penalty d. Crime of libel or other similar offenses - 1 year;
b. Afflictive Penalties: e. Offenses of oral defamation and slander by dead -
c. Correctional Penalties 6months;
d. Light penalties f. Light offenses - 2 months;

2. Accesory Penalties - those that are deemed Period of Prescription of Crimes under Special
included in the imposition of the principal penalties. Laws or Ordinances
a. Perpetual or Temporary absolute a. Offenses punished only by a fine or imprisonment
disqualification for not more than one month, or both - 1 year;
b. Perpetual or Temporary special disqualification b. Offenses punished by imprisonment for more than
c. Suspension from public office, the right to vote one month, but less than 2 years - after 4 years;
and be voted for, the profession or calling c. Offenses punished by imprisonment for two years
d. Civil Interdiction or more but less than six years - after 8 years;
e. Indemnification d. Offenses punished by imprisonment for six years
f. Forfeiture or confiscation of instruments and or more - after 12 years;
proceeds of the offense e. Offenses under Internal Revenue Law - after 5
g. Payment of cost years;
f. Violations of municipal ordinances - after 2 months;
Classification of Principal Penalties According and
Divisibility g. Violations of the regulations or conditions or
1. Divisible Penalties certificate of convenience by the Public Service
2. Indivisible Penalties Commission - after 2 months.

Classification of Penalties According to Subject- Computation of Prescription of Offenses

Matter a. The period of prescription commences to
1. Corporal (death) run from the day on which the offended party, the
2. Deprivation of Freedom (reclusion, prision, arresto) authorities or their agents discover the crime.
3. Restriction of Freedom (destierro) b. It is interrupted by filing of the complaint or
4. Deprivation of Rights (disqualification and information.
suspension) c. It commences to run again when such
5. Pecuniary proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped
Purpose of the State in Punishing Crime for any reason not imputable to him.
 Secure justice. d. The term of prescription shall not run when
the offender is absent from the Philippines.
Theories Justifying Penalties
1. Prevention - the state must punish the criminal to 7. Prescription of penalty - is the loss or forfeiture of
prevent or suppress the danger to the state arising the right of the government to execute the final
from the criminal acts of the offender. sentence after lapse of a certain time.

7 Prepared by: JRDC

 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
Conditions necessary in prescription of penalty 7. Bond to keep the peace - the period during which
a. That there must be final judgment; the bond shall be effective is discretionary to the
b. That the period of time prescribed by law for its court.
enforcement has elapsed.
Computation of penalties (Art. 28)
Period of Prescription of Penalties a. If in prison - shall be computed from the day on
a. Crimes sentence to death and reclusion perpetua - which the judgment of conviction shall have
20 years; become final.
b. Other afflictive penalties - 15 years; b. If not in prison - shall be computed from the day
c. Correctional penalties - 10 years except arresto that the offender is placed at the disposal of the
mayor - 5 years; and judicial authorities for the enforcement of the
d. Light penalties - 1 year. penalty.
c. If for other penalties - shall be computed only from
Computation of Prescription of Penalties the day on which the defendant commences to
a. The period of prescription of penalties commences serve his sentence.
to run from the date when the culprit evaded the
service of is sentence. Period of preventive imprisonment deducted from
term of imprisonment (Art. 29 of RPC)
b. It is interrupted if the convict - a. 1/1 or full term - if the detention prisoner agrees
1. Gives himself up, voluntarily in writing to abide by the same
2. Be captured, disciplinary rules imposed upon convicted
3. Goes to foreign country with which we have no prisoners, except if the offender is recidivists or
extradition treaty, or when upon being summoned for the execution of
4. Commits another crime before the expiration of their sentence they have failed to surrender
the period of prescription. voluntarily.
b. 4/5 - if the detention prisoner does not agree to
8. By marriage of the offended party - marriage of the abide by the same disciplinary rules imposed upon
offended party after the commission of any crimes convicted prisoners.
of rape, seduction, abduction, or acts of c. Whenever an accused has undergone preventive
lasciviousness must be contracted by the offender imprisonment for a period equal to or more than
in good faith. The marriage contracted only to the possible maximum imprisonment of the offense
avoid criminal liability is devoid of legal effects. charged to which he may be sentenced and his
case is not yet terminated, he shall be released
Partial Extinction of Criminal Liability immediately without prejudice to the continuation of
1. By conditional Pardon - is considered between the the trial thereof or the proceeding on appeal, if the
sovereign power of the executive and the convict same is under review.
that the former will release the latter upon d. Destierro - shall be released after thirty (30) days
compliance with the condition. of preventive imprisonment.
2. By commutation of sentence - is an act of
clemency by which the Chief Executive changes a Rule on Subsidiary penalty (Art. 39 RPC). —
heavier sentence to a less serious one or a longer
term to a shorter term. Subsidiary penalty – is a subsidiary personal liability to
3. By good conduct time allowance - is an allowance be suffered by the convict who has no property with
for good conduct of the prisoner while serving his which to meet the fine, at the rate of one day for each
sentence. eight pesos, subject to the rules provided in Art. 39.
1-2 years 5 days per/month 1. When the principal penalty imposed is only a fine
3-5 years 8 days per/month a. Grave or less grave felony - not exceeding 6
6-10 years 10 days per/month months
11 years up 15 days per/month b. Light felony – not exceeding 15 days
2. No subsidiary imprisonment if the penalty is higher
4. Parole - consist of suspension of the than prison correctional or 6 years.
convict after serving the minimum term of the 3. The subsidiary personal liability which the convict
indeterminate penalty, without granting a pardon, may have suffered by reason of his insolvency
prescribing the terms upon which the sentence shall not relieve him, from the fine in case his
shall be suspended. financial circumstances should improve.

Duration of Different Penalties (Art. 27 RPC)   Graduation of Penalties:

1. Perpetual penalties - convict is pardoned after a. By Degrees – refers to (1) the stages of execution
undergoing the penalty for 30 years, except when (consummated, frustrated, or attempted); and (2)
he is not worthy of pardon by reason of his conduct the degree of the criminal participation of the
or some other serious cause. offender (whether as principal, accomplice, or
2. Reclusion temporal - 12 years & 1 day to 20 yrs. accessory)
3. Prision mayor and temporary disqualification - 6 b. By Periods – refers to the proper period of the
years & 1 day to 12 yrs penalty, which should be imposed when
4. Prision correctional, suspension, and destierro - 6 aggravating or mitigating circumstances attend the
months & 1 day to 6 yrs. commission of the crime.
5. Arresto mayor - 1month &1 day to 6 months
6. Arresto menor - 1day to 30 days. Basis for the Penalty of Impossible Crime under
article 59 of RPC (Arresto mayor)
1. Social danger; and
2. Degree of criminality shown by the offender
8 Prepared by: JRDC
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
The death sentence shall be commuted to reclusion
The Three-Fold Rule on successive service of perpetua if the act is punishable by RPC and Life
sentence under Art. 70 of RPC imprisonment in cases of special law.

a. The maximum duration of the convict’s sentence Concept of Destierro. — The person is not permitted
shall not be more than three times the length of to enter place or places designated in the sentence,
time corresponding to the most severe of the within the radius not more than 250 and not less than
penalties imposed upon him. 25 kilometers from the place designated.
b. But in no case to exceed 40 years.
c. This rule shall apply only when the convict is to
serve 4 or more sentences successively. Example of crimes punishable by destierro:
d. Subsidiary penalty forms part of the penalty. 1. Death or serious physical injuries is caused or are
inflicted, under exceptional circumstances (Art.
Different Systems of Penalty, relative to the 247);
execution of two or more Penalties imposed on 2. Failure to give bond for good behavior in grave and
one and the same accused. light threats (Art. 234);
3. Penalty for the concubine in concubinage (Art.
1. Material Accumulation System. No limitation 334);
whatever, and accordingly, all the penalties for all 4. When, after reducing the penalty by one or more
the violations were imposed even if they reached degrees, destierro is the proper penalty
beyond the naturals span of human life.
“Those who fail to prepare must be prepared to
2. Judicial Accumulation system. Limited to not more FAIL”
than three-fold the length of time corresponding to
the most severe and in no case to exceed 40 Capitol University Criminology Review Center
years. This is followed in our jurisdiction. Cagayan de Oro City
Tel. No. (088)710995
3. Absorption System. The lesser penalties and Mobile: 09165418166
absorbed by the graver penalties.
JOHNNY REY D. CAILING
Concept of complex penalty under article 77 of Review Facilatator
RPC.
---0---
A complex penalty is a penalty prescribed by law
composed of three distinct penalties, each forming a
period: the lightest of them shall be the minimum, the
next the, medium, and the most severe the maximum
period.

Suspension of the execution of the death sentence

under article 83 of RPC. — The death sentence shall
not be inflicted upon a woman within the three years
next following the date of the sentence or while she is
pregnant, nor upon any person over seventy years of
age. In this last case, the death sentence shall be
commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40.

Death Penalty shall not be imposed (Art. 47RPC)

1. Under Age. When the offender is below 18 years of
age at the time of the commission of the crime.
2. Over Age. When the guilty person is more than
seventy (70) years of age.
3. No Court Majority. When upon appeal or automatic
review of the case by the Supreme Court, the vote
of eight members is not obtained for the imposition
of the death penalty.

Death sentence shall be suspended when the

accused is

1. Woman:
a. within 3 years next following date of the
sentence
b. while pregnant;
c. within one (1) year after delivery;
2. Person over seventy (70) years of age;
3. Convict who becomes insane, after final
sentence of death has been pronounced.

Note:
9 Prepared by: JRDC