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EASTWEST MINDANANAO COLLEGES INC.

Department of Criminal Justice Education

Criminology Program

Course/Subject: Cor Ad 2 Non-institutional Correction

Name of Teacher: CHAINNIE LYN P FABRO, RCRIM , MPA ongoing

THIS MANUAL IS NOT FOR REPRODUCTION AND DISTRIBUTION OUTSIDE

OF ITS INTENDED USE. THIS IS INTENDED ONLY FOR THE USE OF THE
STUDENTS

WHO ARE OFFICIALLY ENROLLED IN THE COURSE/SUBJECT. EXPECT

UPDATES OF THE MANUAL

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LESSON 1-4: Unit Learning Outcomes (ULO): At the end of the

unit, you are expected to

a. Understand the Concepts of Community-based Correction Procedures,

Comprehend the rules on Parole and General Guidelines for recommending
Executive Clemency;

Know the guidelines after grant of Executive Clemency and familiarize the Child and
Youth Welfare Code

a. Big Picture in Focus: ULOa.Understand the Concept of Community-based

Correction Procedures

Metalanguage
The following are terms to be remembered aswegothroughin studying this
unit.Pleaserefertothesedefinitions as supplement incaseyouwill encounter difficulty
in understanding the Community-Based Correction

▪ Non-institutional Corrections- refers to that method of correcting sentenced

offenders without having to go to prison.

▪ Pardon- is a form of executive clemency granted by the granted by the President

of the Philippines as a privilege extended to a convict as a discretionary act of
grace.

▪ Conditional Pardon- refers to the exemption of an individual within certain limits

or conditions.

▪ Amnesty- refers to a general pardon extended to a certain class of people who

are usually political offenders.

▪ Reprieved- refers to the temporary stay of the execution of a sentence ▪

Commutation of Sentence- refers to the reduction of duration of a prison sentence.

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▪ Parole- refers to the release of prisoners before the expiration of his/her maximum
sentence

▪ MotuProprio (Latin for: "on his own impulse") describes an official act taken
without a formal request from another party.

Essential Knowledge

The following are the basic input on Non-institutional Corrections that may be useful
for you to understand this field of expertise. The said concepts might be confusing or
difficult as a beginner but at the later part of this unit would be of great help for you
to understand the nature of its existence. Please note that you are not limited to
exclusively refer to these resources. Thus, you are expected to utilize other books,
research articles and other resources that are available in the university’s library e.g.
ebrary, search.proquest.cometc., and even online tutorial websites.

Community-based corrections seek to place offenders in the community

while they serve their sentences. These types of programs frequently allow the
offenders to engage in work or even school during their prison term...Subsequently,
it is appropriate to try and provide rehabilitation in the community..

1. Advantages of Community-based Correction 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 through the
following:

1.a. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family and not to be far away
from his/her children

1.b. Rehabilitation will be more effective as the convict will not exposed to hardened
criminals in prisons who will only influence him to a life of crime 1.c. Rehabilitation
can be monitored by the community thus corrections can be made and more be
effective

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1.d. Cost of incarceration will be eliminated which is extremely beneficial especially

to a cash-strapped government. An entire bureaucracy will be eliminated which
includes the salary benefits and perks of the officers and staff, capital outlays,
operating costs, maintenance of the facilities, subsistence of inmates and many
others

2.The KatarungangPambarangay- Republic Act 7160, otherwise known as the

1991 Local Government Code, gives barangays the mandate to enforce peace and
order and provide support for the effective enforcement of human rights and justice.
Decentralization has facilitated the recognition of the KatarungangPambarangay or
Barangay Justice System as an alternative venue for the resolution of disputes. The
challenge facing local governments now is to maximize and harness the
katarungangpambarangay as one of the most valuable mechanisms available in
administering justice, advancing human rights protection and resolving and/or
mediating conflict at the barangay level through non adversarial means.

3. Executive Clemency – shall refer to Absolute Pardon, Conditional Pardon with or

without parole conditions and Commutation of Sentence as maybe granted by the
President of the Philippines upon the recommendation of the Board of Pardons and
Parole. Under the law, the President has the power to grant pardons, commutation
of sentence reprieves, amnesty for all expenses except impeachment cases and
remit fines and forfeitures after the recipient has been convicted.

4. Pardon- is a form of executive clemency granted by the President of the

Philippines as a privilege extended to a convict 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 his Presidential prerogative. It
is highly political in nature and is usually granted in response to popular clamor or to
aid in the return to normally of a political situation that might affect the country if not
addressed.

5. Absolute Pardon- refers to the total extinction of the criminal liability of the

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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. The purpose of absolute pardon are: 5.a. To right a wrong

5.b. To normalize a tumultuous political situation

6. Conditional Pardon- refers to the exemption of an individual" within certain limits

or conditions" from the punishment the law inflicts or the offense hehas committed
resulting in the partial extinction of the criminal liability.Condition pardon is a contract
between the Chief Executive and the convicted criminal" the convicts consent to the
terms stipulated in the contract" theconvict has placed himself

under the supervision of the Chief Executive or hisdelegate who is duty bound to
see to it that the convict complies with theconditions of the pardons.In a conditional
pardon" the condition may be less acceptable to thecondemned than the original
punishment" and may in fact be more onerous.In this respect it differs from a
commutation" which is a mere reduction of thepenalty" or from a pardon which is
total remission. Three ways extending conditional pardon in the convicts the
following:

6.a. Through the operation of the Intermediate Sentence law

6.b. Through the grant of probation under the Probation law

6.c. Through the exercise of the President" motuproprio of the power under the
Constitution.

7. Amnesty (from the Greek amnestia, "forgetfulness, passing over") is defined as:
"A pardon extended by the government to a group or class of people, usually for a
political offense; the act of a sovereign power officially forgiving certain classes of
people who are subject to trial but have not yet been. Two amnesty proclamation in
the past are the following:

7.a. Presidential Proclamation No. 51 by then Pres. Manuel Roxas amnestying

thoe who had collaborated with the Japanese during World War II

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7.b. Presidential Proclamation No. 76 issued by then Pres. ElpidioQuirino

extending amnesty to leaders and members of the Hukbong Bayan Laban saHapon
(HUKBALAHAP) and PambansangKaisahanngmgaMagbubukid (PKM).

8. Reprieve- is also another prerogative exercised by the President of the

Philippines. Generally, it is applied to death sentence already affirmed by the
Supreme Court. It is temporary stay of the execution of a sentence

9. Commutation of Sentence- it is an act of clemency by which a heavier or longer

sentence is reduced to a lighter or shorter term. Death sentences or life
imprisonment is reduced to a shorter term. Commutation does not forgive the
offender but merely reduces the penalty of life imprisonment or death sentence for a
term of years.

10. Board of Pardons and Parole- 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, which was approved on December 5, 1933, it is the
function of the Board of Pardons and Parole to uplift and redeem valuable human
material to economic usefulness and to prevent unnecessary and excessive
deprivation of personal liberty

Ph
otos taken from https://www.google.com/

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11. Petition for Absolute Pardon- One may file a petition for absolute pardon if the
maximum sentence is served or granted final release and discharge or court
termination of probation.

Photos
taken from https://www.google.com/

12. Referral in Filing Absolute Pardon- to a Probation and Parole Officer. — Upon
receipt of a petition for absolute pardon, the Board shall refer the petition to a
Probation and Parole Officer who shall conduct an investigation on the conduct and
activities, as well as the social and economic conditions, of the petitioner prior to his
conviction and since his release from prison and submit a report thereof within
fifteen (15) days from receipt of the referral.

Supporting Documents of Petition for Absolute Pardon.— The petition for

absolute pardon shall be accompanied by —

12.a. The 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 his social activities including
religious involvement;

12. b. The clearances from the National Bureau of Investigation, the Philippine
National Police, the Prosecutor’s Office, the Municipal Circuit Trial Court, the
Municipal Trial Court, the Municipal Trial Court in Cities, the Metropolitan Trial Court
and the Regional Trial Court where petitioner resides;

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12.c. Proof of payment of indemnity and/or fine, or in lieu thereof, certification from
the City/Municipal Treasurer or Probation and Parole Officer on his financial
condition; and, 12.d. proof of service of sentence or certificate of Final Release and

13. Review of Cases for Executive Clemency. — Petitions for executive clemency
may be reviewed if the prisoners meet the following minimum requirements:

For Commutation of Sentence

13.a. The prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.

13.b. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed before January 1, 1994.

13.c. At least twelve (12) years for prisoners whose sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article 70
of the Revised Penal Code.

13.d.At least fifteen (15) years for prisoners convicted of heinous crimes as defined
in Republic Act No. 7659 and other special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment. 13.e.
At least twenty (20) years in case of one (1) or more Death penalty/penalties, which
was/were automatically reduced or commuted to one (1) or more Reclusion
Perpetua or Life imprisonment;

13.f. For Conditional Pardon, the prisoner shall have served at least one-half (1/2)
of the minimum of his original indeterminate and/or definite sentence. However, in
the case of a prisoner who is convicted of a heinous crime as defined in Republic
Act No. 7659 and other special laws, he shall have served at least one

half (1/2) of the maximum of his original indeterminate sentence before his case
may be reviewed for conditional pardon.

13.g. 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

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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.

14. Rules on Parole and General Guidelines for Recommending Executive

Clemency The purpose of Act No. 4103 as amended, otherwise known as the
Indeterminate Sentence Law is to uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty. Under sec. 5 of the said act, it is duty of the Board of Pardons and
Parole to look into the physical, mental and moral record of prisoners who are
eligible for parole and determine the proper time of release of such prisoners on
parole. Rule 2.1.of the

14.a."RULE 2.1. Eligibility for Review of A Parole Case - an inmate's case may
be eligible for review by the board provided:

a. Inmate is serving an indeterminate sentence the maximum period of which

exceeds one (1) year;

b. Inmate has served the minimum period of the indeterminate sentence; c. Inmate's
conviction is final and executor;

In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at
the same time.

d. Inmate has no pending criminal case; and

e. Inmate is serving sentence in the national penitentiary, unless the confinement of

said inmate in a municipal, city, district or provincial jail is justified.

A national inmate, for purposes of these Rules, is one who is sentenced to a

maximum term of imprisonment of more than three (3) years or to a fine of more
than five thousand pesos; or regardless of the length of sentence imposed by the
Court, to one sentenced for violation of the customs law or other laws within the

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jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to

serve two (2) or more prison sentences in the aggregate exceeding the period of
three (3) years."

14.b. RULE 2.2. Disqualifications for Parole - Pursuant to Section 2 of Act No.
4103, as amended, otherwise known as the "Indeterminate Sentence Law", parole
shall not be granted to the following inmates:

a. Those convicted of offenses punished with death penalty of life imprisonment; b.

Those convicted of treason, conspiracy or proposal to commit treason or
espionage;

c. Those convicted of misprision treason, rebellion, sedition or coup d' etat; d. Those
convicted of piracy or mutiny on the high seas or Philippine waters; e. Those who are
habitual delinquents, i.e., those who, within a period of ten (10) years from the date
of release from prison or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, and falsification, are found guilty of any of
said crimes a third time or oftener;

f. Those who escaped from confinement or evaded sentence;

g. Those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms thereof;

h. Those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;

i. Those convicted of offenses punished with reclusion perpetua, or whose

sentences were reduced to reclusion perpetua by reason of Republic Act No. 9346

enacted on June 24, 2006, amending Republic Act No. 7659 dated January 1, 2004;
and

j. Those convicted for violation of the laws on terrorism, plunder and transnational
crimes."

14.c. RULE 2.3. Review Upon Petition or referral by the correctional and/or
other agencies - a parole case may be reviewed by the Board upon petition or

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referral by the correctional and/or other agencies if inmate is not otherwise

disqualified under Rule 2.2."

14.d. RULE 2.4 Transmittal of Carpeta and Prison Record- The Director or
Warden concerned shall send a prisoners prison record and carpeta to the Board at
least one (1) month prior to the date when his case shall be eligible for review.

14.e. 2.5 Publication of Names of Prisoners Being Considered for Parole The
Board shall cause the publication in a newspaper of general circulations the names
of prisoners convicted of heinous crimes or those sentenced o reclusion perpetua or
life imprisonment and whose sentence has been commuted to an indeterminate
prison term and may be considered for release on parole.

14.f. 2.6 Notice of Offended Party- in addition to the publication in a newspaper of

national circulation, the offended party or his immediate relatives in the event that
the offended party is unable or otherwise not available, shall be notified personally
or by registered mail and given a period of thirty (30) days from notice within which
to communicate their comment to the Board regarding the contemplated grant of
parole to the prisoners.

14.g. 2.7 Deferment of Parole When Safety Compromised- If the based on the
report on pre-parole investigation conducted on the prisoners, there is clear and
convincing evidence that the release on parole will endanger his own life or those of
his reltaivess or the life, safety and well-being of the victim, his relatives, his
witnesses and the community the release of the deferred until the danger ceases.

15. Proceedings of the Board

15.a. Interview of Prisoners. — Any Board member or government official

authorized by the Board may interview prisoners confined in prison or jail to
determine whether or not they may be released on parole or recommended for
executive clemency. The Board or its authorized representatives shall interview an
inmate who was sentenced to Reclusion Perpetua or Life imprisonment, or whose
sentence had been commuted from Death to Reclusion Perpetua. Before an
interview, the Board may require a prisoner convicted of a heinous crime as defined
under Republic Act No. 7659 and other special laws to undergo

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psychological/psychiatric examination if the prisoner has a history of mental

instability, or in any case, if the Board finds a need for such examination in the light
of the nature of the offense committed or manner of its commission.

15.b. Publication of those Eligible for Executive Clemency/Parole. — The Board

shall cause the publication in a newspaper of general circulation the names of
prisoners convicted of heinous crimes or those sentenced by final judgment to
Reclusion Perpetua or Life imprisonment, who may be considered for release on
parole or for recommendation for absolute or conditional pardon

15.c. Objections to Petitions. — When an objection is filed, the Board may

consider the same by requesting the person objecting to attach thereto evidence in

support thereof. In no case, however, shall an objection disqualify from executive

clemency/parole the prisoner against whom the objection is filed.

15.d. Documents to be Considered. — The carpeta and prison record of the

prisoner and other relevant documents, such as the mittimus or commitment order,
prosecutor’s information and trial/appellate court’s decision of the case of the
prisoner shall be considered by the Board in deciding whether or not to recommend
executive clemency or to grant parole.

In case the prisoner has one or more co-accused who had been convicted, the
Board shall consider at the same time the prison records and carpetas of said co
accused

15.e. Factors to be Considered in Petition for Conditional Pardon,

Commutation of Sentence or Parole. — The following factors may be considered
by the Board in the grant of conditional pardon, commutation of sentence or parole:

a.the age of the petitioner, the gravity of the offense and the manner in which it was
committed, and the institutional behavior or conduct and previous criminal record, if
any; b. evidence that petitioner will be legitimately employed upon release;

c. a showing that the petitioner has a place where he will reside;

d. availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;

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e. attitude towards the offense and the degree of remorse; and,

f. the risk to other persons, including the victim, his witnesses, his family and friends,
or the community in general, the possibility of retaliation by the victim, his family and
friends.

15.f. Special Factors. — The Board may give special consideration to the
recommendation for commutation of sentence or conditional pardon whenever any
of the following circumstances are present:

a. youthful offenders;

b. prisoners who are sixty (60) years old and above;

c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a
cripple or is blind or similar disabilities;

d. serious illness and other life-threatening disease as certified by a government

physician;

e. those prisoners recommended for the grant of executive clemency by the

trial/appellate court as stated in the decision;

f. alien prisoners where diplomatic considerations and amity between nations

necessitate review;

g. circumstances which show that his continued imprisonment will be inhuman or

will pose a grave danger to the life of the prisoner or his co-inmates; and, h. such
other similar or analogous circumstances whenever the interest of justice will be
served thereby

15.g. Meetings — The Board shall meet in executive session regularly or upon the
call of the Chairman.

15.h. Quorum — A majority of all the members of the Board shall constitute a
quorum

15.i. Board Action — A majority of the members of the Board, constituting a

quorum, shall be necessary to recommend the grant of executive clemency or to
grant parole; to modify any of the terms and conditions appearing in a Release
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12Document, to order the arrest and recommitment of a parolee/pardonee; and to

issue certificate of Final Release and Discharge to a parolee/pardonee. The minutes
of the meeting of the Board shall show the votes of its individual members and the
reason or reasons for voting against any matter presented for the approval of the
Board. Any dissent from the majority opinion to grant or deny parole shall be
reduced in writing and shall form part of the records of the proceedings.

15.j. Executive Clemency/Parole of An Alien — The Board may recommend the

grant of executive clemency or grant parole to a prisoner who is an alien. In such a
case, the alien who is released on parole or pardon shall be referred to the Bureau
of Immigration for disposition, documentation and appropriate action.

16. Parole Supervision SECTION 27. Parole Supervision. — After release from
confinement, a client shall be placed under the supervision of a Probation and
Parole Officer so that the former may be guided and assisted towards rehabilitation.
The period of parole supervision shall extend up to the expiration of the maximum
sentence which should appear in the Release Document, subject to the provisions
of Section 6 of Act No. 4103 with respect to the early grant of Final Release and
Discharge.

16.a. Form of Release Document — The form of the Release Document shall be
prescribed by the Board and shall contain the latest 1” x 1” photograph and right
thumbprint of the prisoner.

16.b. Transmittal of Release Document. — The Board shall send a copy of the
Release Document to the prisoner named therein through the Director of
Corrections or Warden of the jail where he is confined who shall send a certification
of the actual date of release of prisoner to the Probation and Parole Officer.

16.c. Initial Report — Within the period prescribed in his Release Document, the
prisoner shall present himself to the Probation and Parole Officer specified in the
Release Document for supervision.

If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer
shall inform the Board of such failure, for appropriate action

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16.c. Arrival Report — The Probation and Parole Officer concerned shall inform the
Board thru the Technical Service, Parole and Probation Administration the date the
client reported for supervision not later than fifteen (15) working days therefrom.

16.d. Mandatory Conditions of Supervision. — It shall be mandatory for a client

to comply with the terms and conditions appearing in the release document.

16.e. Review and Modification of Conditions. — The Board may, upon the
recommendation of the Probation and Parole Officer, revise or modify the terms and
conditions appearing in the Release Document.

16.f. Transfer of Residence. — A client may not transfer from the place of
residence designated in his Release Document without the prior written approval of
the Regional Director subject to the confirmation by the Board

16.g. Outside Travel. — A Chief Probation and Parole Officer may authorize a client
to travel outside his area of operational jurisdiction for a period of not more

than thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director

16.h. Travel Abroad and/or Work Abroad. — Any parolee or pardonee under
active supervision/surveillance who has no pending criminal case in any court may
apply for overseas work or travel abroad. However, such application for travel
abroad shall be approved by the Administrator and confirmed by the Board

16.i. Death of Client. — If a client dies during supervision, the Probation and Parole
Officer shall immediately transmit a certified true copy of the client’s death certificate
to the Board recommending the closing of the case. However, in the absence of a
death certificate, an affidavit narrating the circumstances of the fact of death from
the barangay chairman or any authorized officer or any immediate relative where
the client resided, shall suffice.

17. Infraction/Violation of the Terms and Conditions of the Release Document:

17.aProgress Report. — When a parolee/pardonee commits another offense
during the period of his parole surveillance, and the case filed against him has not

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yet been decided by the court, a Progress Report should be submitted by the
Probation and Parole Officer to the Board.

17.b. Report of Parole Infraction/Violation. —Any violation of the terms and

conditions appearing in his Release Document or any serious deviation or non
observance of the obligations set forth in the parole supervision program shall be
immediately reported by his Probation and Parole Officer to the Board. The report
shall be called Infraction Report when the client has been subsequently convicted of
another crime.

17.c. Arrest of Client. — Upon receipt of an Infraction Report, the Board may order
the arrest or recommitment of the client.

17.d. Effect of Recommitment of Client. — The client who is recommitted to

prison by the Board shall be made to serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.

17.e. Cancellation of Pardon/Parole. — The Board may recommend the

cancellation of the pardon or cancel the grant of parole of a client if it finds that
material information given by said client to the Board, either before and after
release, was false, or incomplete or that the client had willfully or maliciously
concealed material information from the Board.

17.d.Review of Case of Recommitted Parolee. — The Board may consider the

case of a recommitted parolee for the grant of a new parole after the latter shall
have served one-fourth (1/4) of the unserved portion of his maximum sentence.

18. Termination of Parole and Conditional Pardon Supervision

18.a.Certificate of Final Release and Discharge — After the expiration of the

maximum sentence of a client, the Board shall, upon the recommendation of the
Chief Probation and Parole Officer that the client has substantially complied with all
the conditions of his parole/pardon, issue a certificate of Final Release and
Discharge to a parolee or pardonee. However, even before the expiration of
maximum sentence and upon the recommendation of the Chief Probation and

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Parole Officer, the Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No. 4103, as

amended. The clearances from the police, court, prosecutor’s office and barangay
officials shall be attached to the Summary Report

18.b. Effect of Certificate of Final Release and Discharge. — Upon the issuance
of a certificate of Final Release and Discharge, the parolee/pardonee shall be finally
released and discharged from the conditions appearing in his release document.
However, the accessory penalties of the law which have not been expressly remitted
therein shall subsist.

18.c. Transmittal of Certificate of Final Release and Discharge. — The Board

shall forward a certified true copy of the certificate of Final Release and Discharge
to the Court which sentenced the released client, the Probation and Parole Officer
who has supervision over him, the client, the Bureau of Corrections, the National
Bureau of Investigation, the Philippine National Police and the Office of the
President.

19. General Guidelines for Recommending Executive Clemency

19.a. Plenary Power of the President to Grant Executive Clemency- under sec.
19,art. VII of the constitution, except in cases of impeachment or as otherwise
provided in the constitution, the President may grant reprieves, commutations and
pardons and remit fines and forfeitures after conviction by the final judgment.

Executive clemency rests exclusively within the sound of discretion of the President
and exercises with the objective of preventing a miscarriage of justice or correcting
manifest in justice, such as when where of the law will result in manifest injustice.

19.b. Consideration of Cases for Executive Clemency- The Board may consider
cases for xecutive clemency upon or referral of the office of the President or
motuproprio

19.c. Extraordinary Circumstances- The Board shall recommend to the President

to grant of executive clemency only when there is exist extraordinary circumstances

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such that strict application of the law will result in manifest injustice, such as when
any of the following circumstances are present.

a. The trial court or appellate court in its decision recommended the grant of
executive clemency for the prisoners

b. Under peculiar circumstances of the case, the penalty imposed is too harsh
compared to the crime committed

c. Youthful offenders who are nine (9) years but under 18 years of age at the time of
the commission of the offense;

d. Prisoners who are seventy (70) years of age and above whose continued
imprisonment is inimical to their health on humanitarian grounds;

e. Those who are terminally-ill as certified by a panel of three (3) government

physicians composed of physician designated by the Director of the Malacañang
Clinic and a physician designated by the Sec. of Health

f. Alien prisoners where diplomatic considerations and amity among necessitate

review

g. Such other similar or analogous circumstances whenever the interest of justice

will be served thereby. However, the Board shall not favorably recommend petitions
for executive clemency of the following prisoners:

g.a.Those convicted of Evasion of Service of Sentence;

g.b.Those who violated the conditions of their Conditional Pardon;

gc.Those who are habitual delinquents or recidivists;

g.d.Those convicted of kidnapping for ransom;

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g.e.Those convicted of violation of RA NO.6425, otherwise known as ‘’Dangerous

Drugs Act of 1972” or RA NO. 9165, also known as “Comprehensive Dangerous
Drugs Act of 2002” ,and other drug related offenses;

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g.f.Those convicted of offenses committed under the influence of drugs; and

g.gThose whose release from prison may constitute a danger to society.

20. FORMS AND CONTENTS OF PETITION

Petition– when a petition is filed by, or on behalf of a prisoner, the form of said
petition shall substantially comply with the form prescribed by the board and shall
clearly show the following:

a.The prisoner’s biographic data;

b.The details of his conviction; and

c.The grounds upon w/c executive clemency is sought.

20.a. Procedure Referral to Government Agencies- the board may, in its

discretion, refer a petition for executive clemency to a probation and parole officer
who shall submit within 30 days from receipt of referral a Report on behavior,
character antecedents, mental and physical conditions of the petitioner, and the
results of the NBI records check.

The Board shall not refer matters pertaining to executive clemency for comment and
recommendations as follows:

20.a.aTo the Commission on Elections, if it involves violation of election law, rules

and regulations, as required by Sec. 5, art. IX-C of the Constitution which provides
that no pardon, amnesty, parole or suspension of sentence for violation of election
laws, rules and regulations shall be granted by the President without the favorable
recommendation of the Commission on election;

20.a.b.To the Secretary of National Defense and the Secretary of Interior and Local
Government, if a case for executive clemency involves crimes against national
security or public order or the law of nations; and

20.a.c.To the Department of Foreign Affairs, if the prisoner is an alien.

20.b. Transmittal of Carpeta and Prison Record – the Director or warden

concerned shall forward the prison record and carpeta of a prisoner being
considered for executive clemency.

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20.c. Notice to convicting Trial Judge, Prosecutor’s office, and Offended Party-
In all cases when a prisoner is being considered for executive clemency, the board
shall notify the ff. personally or by registered mail:

a.The convicting trial judge;

b.The prosecutor’s office that handled the prosecution;

c.The offended party or, in event that the offended party is unavailable for comment,
the immediate relatives of the offended party.

20.d. Publication of Names of those being Considered for Executive Clemency

– The Bureau shall cause the publication in a newspaper of national circulation the
names of prisoners who are being considered for executive clemency

21. Proceedings of the Board

21.aBoard Deliberation– any matter pertaining to executive clemency, including

petitions for executive clemency, shall be decided by the board only after
deliberation during a meeting where there is quorum.

21.b.Board Meetings - the Board shall meet once a week, or oftener upon call by
the chairman, to deliberate matters pertaining to executive clemency.

21.c. Quorum- a majority of all the members of the board shall constitute a
quorum.

21.d. Contents of Minutes of Board Meeting– the minutes of the meeting of the
Board shall show the votes of its individual members and the reasons for voting for
or against recommending the grant executive clemency.

-Where at least 4 members vote in favor of recommending the grant of executive

clemency,

- the vote of any dissenting member shall be reduced in writing and shall form part
of the records of the proceedings of the Board.

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21.e. Opposition to Grant of Executive Clemency– when an opposition to the

grant of executive clemency is filed, the board shall consider the same and may, in
its discretion, require the oppositor to submit supporting evidence.

21.f. 14.Documents to be Considered – in determining whether there exist

extraordinary circumstances such that the strict application of the law will result in
manifest injustice, and whether to recommend to the President the grant of
executive clemency, the board shall consider all relevant documents, such as the
carpeta and prison record of the prisoner, the mittimus or commitment order,
prosecutor’s information and the decision of the trial and appellate courts.

21.g. Board Recommendation, Resolution and Certification–at least 4 votes of

the members of the board shall be necessary to recommend the grant of executive
clemency.

-Said recommendation shall be contained in a resolution of the board to be

submitted to the Office of the President, the form of w/c shall substantially be as
follows:

21.g.a. The board discussed the matter concerning the grant of executive clemency
in favor of (name of prisoner), w/ the ff. circumstances:

a. a summary of the decision of the trial and appellate courts, indicating the crime
for w/c the prisoner was charged and convicted and the date when his conviction
became final;

b. his personal circumstances;

c. the place where he is serving his sentence and the date when commenced the
same;

d. the actual time spent in prison does not included Good Conduct Time Allowance.

21.g.b. After due deliberation, the Board has found extraordinary circumstances
present in the case such that the strict application of the law will result injustice.

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21.g.c. After due deliberation, the board, by the vote of at least 4 members, hereby
recommends to the President of the Phil. the grant of executive clemency in favor of
above named individuals.

21.h. Supporting Documents –the board shall submit all relevant documents to the
Office o the President along w/ its resolution recommending the grant of executive
clemency, including the ff. documents:

A.A summary in matrix form of the ff. information about the prisoner:

21.h.a.Name;

21.h.b. Crime for w/c convicted;

21.h.c. Penalty imposed;

21.h.d. Actual time spent in prison

21.h.e. If recommended for commutations;

21.h.f. Recommended commuted term;

21.h.g.Time to be served w/out commutation,

21.h.h. Time to be served w/ commutation

21.h.i. State whether

21.h.j. Convicted (prior or subsequent to conviction of crime for w/c executive

clemency is sought) for kidnap for ransom or any drug-related offense, and

21.h.k. Previously granted executive clemency.

21.h.lThe prisoner’s carpeta, prison record, and mittimus or commitment order.

21.h.m. The prosecutor’s information, the decision of the trial court, the decision of
the appellate courts, if any, and the certificate of finality.

21.h.n. Pertinent minutes of the board minutes

22. Guidelines After Grant of Executive Clemency Photos taken

fromhttps://www.google.com/

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22.a. Implementation of President’s Grant of Executive Clemency – Upon

receipt from the Office of the President of the documents evidencing the President’s
grant of executive clemency, the Board shall cause the immediate implementation of
said grant of executive clemency.

22.b. Certificate of Release– when the grant of executive clemency entitles the
prisoner to be released from prison, the Director of the Bureau of corrections of
Warden of the jail where he is confined shall, on the date of actual release of the
prisoner, send a certification of release to the Board and, if the document evidencing
the President’s grant executive clemency so states, to the concerned Probation and
Parole Officer.

22.c. Monitoring of Compliance w/ Conditions of Pardon– Where the president

grants conditional pardon to a prisoner, the Board shall monitor the prisoner’s
compliance w/ the conditions imposed for the duration of the period stated in the
document evidencing the President’s grant of executive clemency.

22.d. Presentation to Probation and Parole Officer- W/in the period prescribed in
the document evidencing the President’s grant of executive clemency, the prisoner
shall present himself to the Probation and Parole Officer concerned. The Probation
and Parole Officer shall informed the Board if the

prisoner fails to report w/in 45 days from the date of his release from confinement.

22.e. Arrival Report – The Probation and Parole Officer shall submit his Arrival
Report to the Board, through the Technical Service of the Parole and Probation
Administration, w/in 15 working days from the date when the prisoner reported for
supervision.

22.f. Violation Report- If the prisoner granted conditional pardon violates any of the
conditions of his conditional pardon or commits any serious deviation or non
observance of the obligations imposed under the supervision program, the
Probation and Parle Officer concerned shall immediately submit a violation Report
to the Board.

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22.g. Infraction and Progress Report– If the prisoner granted conditional pardon is
charged w/ committing another offense during the period of his supervision, the
Probation and Parole Officer concerned shall periodically submit a Progress Report
to the Board detailing the progress of the case filed against the prisoner.

22.h. Death of the Prisoner Under Supervision- If a prisoner granted conditional

pardon dies during the period of supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of a prisoner’s death certificate to the
Board recommend the closing of the case.

22.i. Recommendation for Arrest of the Prisoner for Violation of Conditions of

Pardon

– Upon determination that a prisoner granted conditional pardon has violated the
conditions of his pardon, the Board shall recommend his arrest or recommitment to
the President

22.j. Summary Report

- Upon the expiration of the period stated in the document evidencing the
President’s grant of executive clemency, the Probation and Parole Officer concerned
shall submit to the Board, through the Chief Probation and Parole Officer, a
summary report on his supervision of the prisoner.

22.k. Certificate of Compliance w/ Conditional Pardon

- Upon receipt of the summary report, the Board shall, upon the recommendation of
the Chief Probation and Parole Officer that the prisoner granted conditional pardon
has complied w/ all the conditions of his pardon, issued a Certificate of Compliance
w/ Conditional Pardon.

22.l. Transmitted of Certificate of Compliance w/ Conditional Pardon - The

Board shall forward a certified true copy of the Certificate of Compliance w/
Conditional Pardon to the prisoner, the Court w/c imposed the sentence, the
Probation and Parole Officer concerned, the Bureau of Corrections, NBI, the PNP,
and THE Office of the President.

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22.m. EXECUTIVE CLEMENCY OF AN ALIEN - An alien who is released on

pardon shall be referred to the Bureau of Immigration for disposition, documentation
and appropriate action.

23. Repealing and Effectivity Clauses

23.a. Repealing Clause- The portions pertaining to executive clemency of the

Rules and Regulations of the BPP dated 20 Dec. 1989 and the Revised Rules and
Regulations of the BPP DATED 26 Nov. 2002 are hereby repealed, and all other
existing rules, regulations and resolutions of the DOJ and the Board w/c are
inconsistent w/ these Guidelines are likewise repealed.

23.b. Effectivity Clause

- These Guidelines shall take effect upon the approval by the Secretary of Justice
and 15 days after its publication in a newspaper of general circulation.

24. Probation

Photos taken from https://www.google.com/

Probation- is a form of non – institutional based correctional practices that gives a

sentenced convict the chance to reform and rehabilitate himself without having to
spend time in jails.

a. does not confine to prison a sentenced prisoner but rather released and undergo
personalized community based treatment.

b. A disposition under which a defendant , after conviction and sentence , is

released to the supervision of a probation officer subject to condition imposed by the
court.

c. The PROBATION OFFICER shall supervise and program the individual treatment
of the probationer under his care

d. At any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation.

e. The probationer, once arrested and detained, shall immediately be brought before
the court for hearing of the violation charged.
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f. If revoked, the court shall order the probationer to serve the sentence originally
imposed in prison.

24.a. PROBATION AND PAROLE ADMINISTRATION (PPA)is under the

Department of Justice 1.- supervises and controls all probation officers and
promulgates rules and procedures on probation process, subject to the approval of
the Secretary of Justice. The period of probation of a defendant sentenced to a term
of imprisonment of not more than one (1) year shall not exceed two years, and in all
other cases, said period shall not exceed six (6) years.

When the sentence imposes a fine only and the offender is made to serve
subsidiary in case of insolvency, the period of probation shall not be less than nor be
more than twice the total number of days of subsidiary imprisonment

24.b. ADVANTAGE OF PROBATIONare the following:

a. The person is spared the degrading, embittering and disabling experience of

imprisonment.

b. The offender can continue to work in his place of employment.

c. Family ties remain intact, thus preventing many broken home.

d. Less expensive.

e. Relieve prison congestion.

24.c. WHO ARE DISQUALIFIED FOR PROBATION???

a. Those sentenced to serve a maximum term of imprisonment of more than 6

years.

b. Those convicted of subversion or any crime against National Security or Public

Order.

c. Those who have previously been convicted by final judgment of an offense by

imprisonment of not less than one month and one day and/or fine of not less than
200.00

d. Those who have been once on probation

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e. Those who are already serving sentence at the time the substantive provisions of
the probation law became applicable.

24.d. DIFFERENCE BETWEEN PAROLE AND PROBATION

Parole:

a. administrative function

b. the offender serves part of the prison sentence before his released.

c. Is an extension of institutional treatment

d. granted by the board.

Probation:

a. judicial function

b.the offender does not need to go to prison at all.

c. is a substitute for imprisonment.

d. granted by the judge.

24.e. Difference Between Parole and Mandatory or Conditional Release

PAROLE- the prisoner is released after he has served his minimum or part of his
sentence but before the expiration of his full sentence.

Mandatory Conditional Release-the prisoner is released under conditions of

parole after he has served his sentence minus his “good time” or “work time”
credits.

24.f. PAROLE AND INDETERMINATE PRISON SENTENCE

INDETERMINATE SENTENCE-is one with minimum and maximum periods of

imprisonment.

21 PAROLE-is a conditional release of an offender after he has served the minimum

period of his prison sentence.

****the prisoner is not eligible for parole consideration until he has served his
minimum sentence………

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25. GUIDE TO EARLY RELEASE OF PRISONERS

RELEASE ON RECOGNIZANCE RA 6036 is an act providing that bail shall not,

with certain exceptions, be required in cases of violations of municipal or city
ordinances and in criminal offenses when the prescribed penalty for such offenses is
not higher than arresto mayor and/or a fine of two thousand pesos or both.

The offender under custody can be released to a responsible person in the

community

25.a. Who may apply?

a. person charged with the violation of a municipal ordinance.

b. person charged with a light felony.

c. person charged with a criminal offense, the prescribed penalty of which is not
higher than 6 months (arresto mayor) or a fine of 2,000.00 pesos or both

25.b. When to apply?

-when the offender is committed to any BJMP jail.

25.c. Where to apply?

-the presiding judge of the court

26. RELEASE ON BAIL- -is the security given for the release of a person in custody
of the law, furnished by him or a bondsman, conditioned upon his appearance
before any court as required under the conditions provided by the law on bail.

Photos taken fromhttps://www.google.com/

26.a. Who may apply?-a person in custody of law.

26.b. When to apply?- before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court (MTC) in cities and Municipal Circuit Trial Court (MCTC)- before
conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua or life imprisonment.

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26.c. Where to apply?-to the court where case is pending. In the absence or
unavailability of the judge, another branch of the same court within the province or
city.

a. -if the accused is arrested in the province, city or municipality other than where
the case is pending, any Regional Trial Court of said place. In the absence or
unavailability of the judge, any Metropolitan Trial Judge or Municipal Circuit Trial
Judge therein.

b. -if not yet charged in court, any court in the province, city or municipality where
the person in custody is held

26.d. PREVENTIVE IMPRISONMENT- Batas PambansaBilang 85 authorizes the

release of a detained offender who has undergone preventive imprisonment
equivalent to the maximum imposable penalty for the offense charge.

26.e. Who may apply?-detention prisoner who is not a recidivist or who was
previously convicted twice or more times of any crime.

-detention prisoner who surrendered voluntary when upon being summoned for the
execution of sentence.

26.f. When to apply?-when the accused has undergone preventive imprisonment

for a period equal to or more than the possible maximum imprisonment of the
offense charged to which he may be sentenced and his case is not yet terminated,
he shall be released immediately without prejudice to the continuation of the trial or
the proceeding on appeal, if the same is under review.

-when the maximum penalty to which the accused may be sentenced is destierro,
he shall be released after 30 days of preventive imprisonment.

26.g. Where to apply?-the presiding judge of the court.

26.h. CHILD AND YOUTH WELFARE CODE (PD 603)- a youthful offender
including one who is emancipated in accordance with law, at the time of the
commission of the offense shall be EXEMPT from criminal liability and shall be
committed to the care of his or her father or mother, or nearest relative or family
friend in the discretion of the court and subject to its supervision.

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26.i. Who may apply?-a child nine (9) years of age or under at the time of the
commission of the offense.

-a child over nine (9) years and under 18 years of age at the time of the commission
of the offense, unless he acted with discernment.

26.j. When to apply?-when the person is youthful offender (CICL) at the time of the
commission of the offense.

26.k. Where to apply?- the court that suspended the sentence upon
recommendation by the Department of Social Welfare and Development (DSWD) or
other agency or agencies authorized by the Court

Self-Help: You can also refer to the sources below to help you further
understand the lesson

Foronda,M.A. (2014). Correctional Administration: Non-institutional Based Correction

(2nd Ed.). Philippines. Wiseman’s Books Trading, Inc.

Guerrero, B.B. (2018). Community-Based Correction in the Philippines: Non-

institutional Correction. Philippines. Wiseman’s Books Trading Inc.

Let’s Check

Let us try the following activities to check your understanding in this unit.

Activity1.Identification.In the space provided, write the term/s being asked in the
followingstatements: (One point each)

_________________1.It is a conditional release from prison of a convicted person

upon service of the minimum of his/her indeterminate penalty.

_________________2. It is defined as a method of rehabilitating convicted felons

without a need of placing them into jail or prison facilities.

_________________3. It is a disposition, under which a defendant after conviction

and sentence, is released subject to the conditions imposed by the court

and to the supervision of a probation officer.

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________ 4.It is a form of executive clemency which is exercise

exclusively by the Chief Executive

5. These programs provide individualize treatment program for

the

offender which is if not available is hard to attain in correctional

institution.

6. Probation as a term was derived from the Latin verb which

means

to Prove or to test

7. The KatarunganPambarangay is takes charge of all

disputes

between and among parties residing in the same village, city or municipality
which

are punishable by imprisonment not exceeding 1 year and a fine not

more exceeding;

8. He/she will served as the chairman of the Board of Pardons

and Parole

9. This is considered as judicial function and a substitute for

imprisonment

10.When probation order become effective?

Activity2.True or False.In the space provided, write T if the givenstatement is true

and F if false. (One point each).

1. Non-institutional corrections or community-based corrections the best alternative

for imprisonment

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2. The most popularly and widely used non-institutional corrections program is

probation

3. Overcrowded jails and prison facility is a major problem of our judicial system

4. Public resistance against rehabilitation program within the community is one of

the issues regarding the implementation of community-based correction 5.
Community-based correction programs provide individualize treatment program for
the

offender which is if not available , it is hard to attain in correctional institution. 6. The

advantage of Parole is the family members need not be victims also for the
imprisonment of a member because the convict can still continue to support his
family

and not to be far away from his/her children.

7. The Board of Pardons and Parole is also handling cases of child in conflict with
the law

8.President of the Philippines is the authorize to grant parole

9.Whenever a probationer is under medication, the government will shoulder his/her

Treatment.

10. Reprieve is also applicable to prisoner having a sentence of reclusion perpetua

Let’s Analyze

Let us try the following activities to knowhow deep you’re understanding

about the topics of this unit.

1. Discuss the advantages of community-based corrections compared to institution-

based correction.

___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
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____
___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____ __________________

___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____

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________________
_______________________________________________________

___________________________________________________________________
____
___________________________________________________________________
____ __________________

2. In your own understanding enumerates the factors on inmates being denied their
application of executive clemency.

___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____

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___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____ __________________

___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____
___________________________________________________________________
____ __________________

In a Nutshell

In this part you are going to jot down what you have learned in this unit. The said
statement of yours could be in a form of concluding statements, arguments, or
perspective you have drawn from this lesson. The two items is done for you.

1. Community-based correction has a lot of goals include easing institutional

crowding and cost; preventing future criminal behavior through surveillance,
rehabilitation, and community reintegration; and addressing victims’ needs through
restorative justice. Thus, two things are abundantly clear. First, building jails and
prisons is a costly endeavor. Second, there are legal limits that define how many
prisoners a single correctional institution can hold. Therefore, one goal of
community based-corrections programs is to ease institutional crowding in jails and
prisons by drawing from the population of convicted offenders who are predicted to
be less risky to the outside community.

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2. Safety of the public is an important concern for any offender supervision program.
To maintain public safety, offenders under supervision should be assessed to
determine the degree of risk posed by their participation in community programs.
Offenders who pose a serious danger to society or to themselves should not be in a
community corrections program. Instead, these offenders should be incarcerated in
jail or prison until they are no longer dangerous to themselves or others. For those
on community supervision, compliance with court-ordered sanctions is carefully
monitored by trained community officers. Finally, violations of supervised conditions
are taken seriously for those who cannot or will not comply with the conditions.

Now it’s your turn!

1.

2.

3.

4.

5.

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