Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

CRIMINOLOGY DEPARTMENT
________________________________________________________________________________________
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NON-INSTITUTIONAL CORRECTIONS
I. LEARNING OUTCOMES

Course Number: Correctional Administration 2 Instructor: Eva Mae C. Quiros

Course Title: Non-Institutional Corrections Mobile Number: 09466944106

Module No.:1 Email Address:

[email protected]
Duration: 2 weeks

At the end of this lesson, you should be able to:

1. Identify the concept between non-institutional correction and community-based

correction
2. Discuss the advantage community-based correction
3. Discuss the disadvantage of community-based correction
4. Identify the types of non-institutional correction program
5. Explain the three branches of the government
6. Identify the different forms of executive clemency
7. Differentiate absolute pardon from conditional pardon
8. Differentiate commutation of sentence from reprieve

II. TOPICS:
1. NON-INSTITUTIONAL CORRECTIONS
2. COMMUNITY-BASED CORRECTION
3. ADVANTAGE AND DISADVANTAGE OF COMMUNITY-BASED CORRECTION
4. TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAM
5. EXECUTIVE CLEMENCY
• Pardon
• Conditional Pardon
• Amnesty
• Reprieve
• Commutation of Sentence

III. REFERENCE
Foronda, Mercedes A. Correctional Administration 1 2nd Edition

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IV. COURSE CONTENT

The Pillars of Philippine Criminal Justice System

LAW
ENFORCEMENT

COMMUNITY

PROSECUTION

CORRECTIONS
sssswfmeness COURT

Before we start, it is essential to look back at correctional administration 1, our previous subject
about Institutional Corrections. The figures above show the flow of our Criminal Justice System
in the Philippines. When the moment that a crime is reported, the LAW ENFORCERS OR
POLICEMEN will conduct a thorough investigation, interview possible witnesses, and
interrogate suspects. This is followed by the PROSECUTION, who will place the case by the
evidence provided. The COURT shall give the verdict, decision to the case. The convicted are
moved to institutional houses for CORRECTION. The offender will receive treatment according
to his need. After such time he is done serving his sentence, he will be released to the
COMMUNITY for he will be accepted as a re-born citizen, a member of the society who needs
acceptance just like a newborn child. If the person is found not guilty and acquitted by the
court, he will also be released to society.
CORRECTION - A branch of the Criminal Justice System concerned with criminal offenders'
custody, supervision, and rehabilitation. - It is that field of criminal justice administration that
utilizes the body of knowledge and practices of the government and the society, in general,
involving the processes of handling individuals who have been convicted of the offenses for
purposes of crime prevention and control.
It is 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.

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 INSTITUTIO
1. PD 968 – ADULT PROBATION
LAW OF 1976 NAL
2. RA 9344 – JUVENILE JUSTICE CORRECTIO
AND WELFARE ACT OF 2006
3. ART. VIII OF RA 9165 –
VOLUNTARY & COMPULSORY
SUBMISSION PROGRAM
4. RA 4103 – INDETERMINATE
SENTENCE LAW CORRECTION 1. RA 6975 – DILG ACT
OF 1990
2.ADMINISTRATIVE
ACT OF 1987/E.O. 292
– BUREAU OF
NON- CORRECTION
INSTITUTIO
NAL

NON-INSTITUTIONAL CORRECTION
Not all convicted offenders have to serve their sentences behind bars. Some are allowed to stay
in the community, subject to conditions imposed by the government. They are either granted
Probation, Parole, Conditional Pardon, or Recognizance. A community-based approach to
corrections to decongest the prisons involves the Public Attorney's Office and the National
Prosecution Service affecting the immediate release of detainees either on bail or recognizance
and giving priority to the trial of detainees who cannot be released on bail or recognizance. It
involves the efficient performance of the Board of Pardons and Parole in the granting of timely
release of prisoners and the effective supervision of released prisoners on parole or conditional
pardon and those under probation by the Probation and Parole Administration. Probation and
Parole are two forms of non-institutional or community-based corrections.
NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES
The fact that our government is facing severe budgetary crises does not predict well for the
Criminal Justice System most particularly the Corrections Pillar, which is the last destination of
society's convicted offenders. With this cramped situation, our foreign lenders will also
downgrade our credit rating which has the inverse effect of increasing our interest rate
payment. Because of this, tax collections decrease, as our government is experiencing now
while foreign debt payments increase, and prices of supplies and equipment increase.
What is a Non-Institutional Correction? Non- Institutional Correction refers to that method
of correcting sentenced offenders without having to go to prison. It focuses on modern
community correctional programs of rehabilitation, to the exclusion of punishment, deterrence,
and incapacitation of criminal offenders. In other words, the offender will serve his or her
sentence outside the prison cell.
Question: How is it possible?
The offender will be serving his sentence outside the prison bars, but in profound conditions
given by the state, that he must abide all the time. Until such time the offender is reform.

Non-institutional corrections embraces any activity in the community directly aimed at helping
the offender become law-abiding citizen. It provides meaningful ties between offenders and
their local environment, that is, a genuine involvement of offenders with the local network of
relationships that provides most of the goods and services required by persons living in the
community.

Non-Institutional or community-based correction programs in 1970s to 1990s.

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What is the purpose of Community-based corrections, why do we have this kind of
correction? What is the aim of community corrections? Community programs attempt to
accomplish many goals. These goals include easing institutional crowding and cost; preventing
future criminal behavior through surveillance, rehabilitation, and community reintegration, and
addressing victims' needs through restorative justice.

What are the Advantages of Community-Based Corrections?

1. Family members need not be victims for the

imprisonment of a member because the convict can
continue to support his family, not to be far away from
his children.
2. 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.
3. Rehabilitation can be monitored by the community
which enhances accountability and support for the
offender. This involvement fosters acceptance and
encourages positive behavior changes, making
reintegration smoother.
4. The cost of incarceration will be eliminated which is
extremely beneficial especially to a cash-strapped
government. Yes, the budget is the most concern among them all. Why? Just imagine half
of the population choose to commit crimes because of one common factor which
is poverty. What will happen to our economy? To the government? The government
cannot afford everything free for those lawless criminals. That's why it is an aid to the
government to reform an offender outside prisons.

How about the disadvantage of it?

1. Resource Competition. The community corrections and the prison system often
compete for limited resources rather than being considered parts of the same criminal
justice model which then could lead to underfunding and inadequate support for
rehabilitation programs.
2. Public Safety Concerns: There is a perception that allowing offenders to remain in the
community may compromise public safety, raising fears of recidivism, and the potential
for reoffending.
3. Stigmatization: Community resistance to accepting offenders can create barriers to
reintegration, making it difficult for them to find employment and housing.

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

Probation - It 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.

Indeterminate Sentence Law / Parole Program – It is that type of correctional program

that enables the convicted felon after serving the minimum imposable penalty may be eligible
for release on parole.

Executive Clemency – It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted prisoners

Restorative Justice Program – refers to a framework established under Republic Act No.
9344 in the Philippines, aimed at addressing the needs of Children in Conflict with the Law
(CICL). This program allows CICLs to undergo rehabilitation without resorting to formal court
proceedings, focusing on diversion and intervention

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 EXECUTIVE CLEMENCY

In the Philippines, we do have 3 branches of government. The first one is the Legislative which
is the law-making body, that comprises 2 chambers, the upper house which is the senate, and
the lower house is the house of representative. The Judiciary branch is the courts and is headed
by the Supreme Court. Lastly, the Executive branch represents our Chief Executive or the
President. (Punong Ehekutibo)
Let's define the word Executive – it refers to the Chief Executive while the word Clemency in
other words it is forgiveness. It is the forgiveness given by the Chief Executive. Aligned with the
law and mandated by the Constitution, the power is vested to the President.

What is Executive Clemency?

It is the power to pardon or commute the sentence of someone convicted in that jurisdiction.

There are different forms of Executive Clemency that refer to the following:

1. Pardon
2. Parole
3. Reprieve
4. Commutation of Service Sentence

NOTE: these are some Executive Clemency used/apply here in the Philippines.

1. PARDON

is a form of executive clemency granted by the President of the Philippines as

a privilege extended to a convict as a discretionary act of grace. Neither the legislative
nor the judiciary branch of government has the power to set conditions or establish
procedures for the exercise of the Presidential prerogative.

Two Kinds of Pardon:

1. Absolute Pardon
2. Conditional Pardon

1. What is Absolute Pardon?

This refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his civil and political rights and remits the
penalty imposed for the particular offense of which he was convicted. It is given without any
condition attached to it. Its grants carry with total extinction of criminal liability and are
designed for the following purposes:

— To do away with the miscarriage of justice. (Justice delay, justice denied)

— To restore the full political and civil rights of persons who have already served their
sentence.
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— To keep abreast of current philosophy in the administration of the criminal justice system.

Meaning, to avoid an unsuccessful outcome, especially due to mismanagement of fairness. The

pardonee can exercise his rights and can sort everything just like a typical member of society.

The Chief Executive will give you the chance/ privilege to be released into society without any
conditions. The total extinction of his turpitude in the eyes of the law.

Note:

For Absolute Pardon, after he has served his maximum sentence or granted final release and
discharge or court termination of probation. However, the Board may consider a petition for
absolute pardon even before the grant of final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an
appointive/elective public position or reinstatement in the government service; (2) needs
medical treatment abroad which is not available locally, (3) will take any government
examination; or (4) is emigrating

What are the Minimum Requirements for the Petition of Pardon?

For Absolute Pardon:

1. Ten (10) years must have elapsed from the date of release of the petitioner from
confinement or;

2. Five (5) years from the date of expiration of his maximum sentence, whichever is
more beneficial to him

However, the Board may consider a petition for absolute pardon even before the grant of final
release and discharge under the provisions of sec 6, Act no. 4103 as amended when the
petitioner:

— Is seeking an appointive/elective public position or reinstatement in the government service;

— Needs medical treatment abroad which is not available locally;

— Will take any government examination or immigrating

The following requirements shall accompany the petition for absolute pardon:

1.) Affidavits of at least two (2) responsible members of the community where the petitioner
resides. The affidavits shall, among others, state that the petitioner has conducted himself in a
moral and law-abiding manner since his release from prison and shall indicate the petitioner's
occupation and the community service he has rendered, if any, and

2.) The clearances from the police, courts, and prosecutors office where the petitioner resides.

For Conditional Pardon:

The petitioner must have served at least one-half of the minimum of his indeterminate
sentence for the following portions of his prison sentence:

a) At least two (2) years of the minimum sentence if convicted of murder or parricide but not
sentenced to reclusion Perpetua.

b) At least one (1) year of the minimum sentence if convicted of Homicide.

c) At least nine (9) months if convicted of frustrated Homicide;

d) At least six (6) months if convicted of attempted Homicide.

However, the following category of prisoners shall not be considered for conditional pardon:

1. The petitioner is eligible for parole;

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 2. The petitioner had been sentenced to another prison term within one (1) year from the
date of his last recommitment to the jail or prison from where he escaped;

3. The prisoner is suffering from mental illness or disorder as certified by a government

psychiatrist; and

5. The prisoner had violated a conditional pardon, which was previously granted before the
expiration of his maximum sentence.

Period of Petition

In a petition for Pardon, the Director of Corrections shall forward the prison record and carpeta
of a prisoner/petitioner to the Board of Pardons and Parole within the following periods:

a) Absolute Pardon- within one (1) month from receipt by the director of the request made by
the Board for the prison record and carpeta;

b) Conditional Pardon- at least one (1) month before the expiration of one-half (1/2) of the
minimum period of the prisoner's indeterminate sentence and in special cases, at least one (1)
month before the periods the petitioner becomes qualified.

Note:

A petition for the grant of either absolute or conditional pardon shall be favorably
endorsed to the Board by the Secretary of National Defense if the crime committed by the
petitioner is against national security such as rebellion, subversion, or sedition; or by the
Commission on Elections, in case of violations of any election laws, rules, and regulations.

An application for Executive Clemency shall not be considered during the pendency of an
appeal filed by the petitioner from the judgment of conviction.

Aspect Absolute Pardon Conditional Pardon

Minimum Time 1. Ten (10) years from the date of release Must have served at least one-half of the
from confinement, or minimum of the indeterminate sentence, with
Requirement 2. Five (5) years from the expiration of the specific time frames based on the crime
maximum sentence, whichever is more committed.
beneficial.

Eligibility for May consider petitions before final release if: Not applicable.
- Seeking an appointive/elective public
Early position
Consideration - Needs medical treatment abroad
- Will take a government examination or is
immigrating

Supporting 1. Affidavits from at least two (2) responsible No specific supporting documents listed, but
community members stating the petitioner's must meet the minimum service requirements.
Documents moral conduct and community service.
Required 2. Clearances from police, courts, and
prosecutor's office.

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 Exclusions None specified. 1. Eligible for parole
2. Sentenced to another prison term within
from one (1) year of last recommitment
Consideration 3. Suffering from mental illness
4. Violated a previously granted conditional
pardon.

Period for Director of Corrections must forward the Must be submitted at least one (1) month
prison record and carpeta within one (1) before the expiration of one-half (1/2) of the
Petition month of receipt of the request from the minimum period of the indeterminate
Submission Board. sentence.

Special Favorably endorsed by the Secretary of Same as Absolute Pardon.

National Defense for crimes against national
Endorsements security or by the Commission on Elections for
Required election law violations.

Pending Application not considered during the Application not considered during the
pendency of an appeal from the judgment of pendency of an appeal from the judgment of
Appeals conviction. conviction.

2. What is a Conditional Pardon?

This 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.

The President of the Philippines also grants it to release an inmate who has been
reformed but is not eligible to be released on parole.

What are the limitations of the Pardoning Power?

— Pardon cannot be extended to cases of impeachment.

— No pardon may be granted in violation of any election law without favorable

recommendations by the Commission on Election.

— It may only be granted by the President after convicted.

When we say limitations, it means that there are only specific conditions of the status of a
convicted person to be qualified or to avail Pardon. For example, the convicted person/s is not
drawn out by any criminal proceeding in which a public official is charged with misconduct.
Or he is not violated any Election Code

What are the Conditions of Pardon?

— The pardonee should live in his designated residence and shall not change his residence
without obtaining consent from the board, for easy monitoring.

— In cases of temporary need to leave the residence, no permission is required but the
whereabouts should be given to the parole/ pardon officer. (Pardon/Parole officer – an official
who supervises pardonees and parolees.)
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— The pardonee shall not indulge in any injurious or vicious habits and shall avoid persons and
places of disreputable character. As much as possible he should not engage in any depravity
from the moment he is granted such privilege.

— That the pardonee shall not commit any crime, which will be a ground for the termination of
his privilege to be granted of such executive clemency.

3. What is AMNESTY?

A special form of Pardon exercised by the President of the Republic. It is considered as

the general pardon extended to a certain class of people who are usually
political offenders. On the other hand, Amnesty needs the concurrence of Congress
and the courts also take judicial notice of the act by the President. It is only granted after
the final sentence

Purpose of Amnesty

- To hasten (accelerate) a country's return to political normalcy by putting behind it the

animosities of the past through a pardon that will open the door to living normal lives for
groups of people.

Who was qualified?

- Groups were once involved in political activities during certainly troubled times like war
or rebellion and by making a gesture of the state.

Philippine history

The Philippines likewise issued two amnesty proclamations in the past.

1. Issued under Presidential Proclamation No. 51 by then-President Manuel Roxas,

amnestying those who collaborated with the Japanese during World War II.
2. Issued under Presidential Proclamation No. 76 by the President Elpidion Quirino
extending amnesty to leaders and members of Hukbo ng Bayan Laban sa Hapon
(HUKBALAHAP) or Huk and Pambansang Kaisahan ng mga Magbubukid (PKM) which is an
organization of peasants fighting for agrarian reform and is part of the communist
underground movement.

Limitations

- Amnesty is for the crimes of Rebellion, Sedition, Illegal association, Assault, Resistance to
persons in authority, and illegal possession of firearms, which are all connected to the
Huk rebellion and illegal association with the PKM in their fight to distribute the big
haciendas in Central Luzon.

4. What is Reprieve?

- Like Pardon, Reprieve is also another prerogative exercised by the President of the
Philippines.
- It is the temporary stay of the execution of a sentence.
- Generally, it is applied to death sentences already affirmed by the Supreme Court. But it
can also be invoked in other cases that have become final.
- In death sentences, the date of execution of the sentence of the convict has held
abeyance (suspended) for a certain period to enable the Chief to temporarily hold back
the execution of the sentence.

Purpose of Reprieve

- A President usually resorts to this o resolve all his doubts and reservations and want to
establish that the convict truly deserves to be executed.
- It is also being widely exercised by the President on almost all death convicts because of
strong pressure from various lobby groups.

5. What is Commutation of Sentence?

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 - It refers to the reduction of the duration of a prison sentence.
- It is another prerogative of the President.
- It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or
shorter term.

Example:

1. Death sentences or life imprisonment is reduced to a shorter sentence. Whether it

can be one degree lower or two.
2. Qualified theft in which the penalty is the same whether the convict's crime is on
climbing a tree to get a few fruits to eat because he or she is very hungry. Even if
a sympathetic judge would desire to impose a lighter sentence, he could not do so
because of the unyielding dictates of the law.

Note: Commutation does not forgive the offender but merely reduces the
penalty of life imprisonment or death sentence for a term of years. It is also
some kind of leveling mechanics to temper or balance this rigidity that results
in un-proportionate punishments under the law.

Commutation of a sentence is resorted to because the law prescribes uniform

punishment for crimes regardless of how serious or how light the offense committed.

Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence,

which renders him or her ineligible for parole. It changes the original fixed sentence to an
indeterminate sentence, which will then enable the beneficiary to be released on parole.

Commutation is also appropriate to use with convicts sentenced to several counts. The
sentenced may be commuted to one single indeterminate sentence through commutation
and rendering the recipient to avail of parole after serving the minimum sentence.

*End of Module 1

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