Correctional Administration-1

Institutional-based Corrections
J01 Munding-milaham M. Abdurahman, MAIS
1. ML was convicted by final judgment of crime with
imprisonment of more than 3years.
ML is a?

A. Prisoner ( = < >) BUCOR

B. Detainee - BJMP

2. ML was convicted by final judgment of crime with

imprisonment of equal 3years.
ML is a?

A. Prisoner
B. Detainee
CORRECTION - a branch of the criminal justice
system concerned with the custody, supervision
and rehabilitation of criminal offenders.

PENOLOGY – the study of punishment of crime

or of criminal offenders. It includes the study of
control and prevention of crime through
punishment of criminal offenders.
INSTITUTIONAL CORRECTIONS - It is referring to any
Institutions that responsible for the rehabilitation
and reformation of the offender whether convicted,
on appeal or those awaiting for trial or decision of
the Court or by any Competent Authority through
Correctional Facilities, Dormitories, Asylums,
Safekeeping's or any other Institutions authorized by
the Competent Authority. (Ingcad)
CORRECTIONAL ADMINISTRATION - The
study and practice of a system or systematic
management of Jails or Prisons and other
institution concerned with the custody,
treatment and rehabilitation of criminal
offenders.

PENAL MANAGEMENT - The manner or

practice of managing or controlling places of
confinement as Jails or Prisons.
IMPORTANT TERMS
Admission - Manner of receiving national inmates, a
detainee or convicted person in a prison facility committed
by courts or other competent Authority to serve sentence
for a certain period or for temporary confinement.
Alcoholics - Those inmates who suffer from alcoholism or
those engaged in the improper compulsive intake of
alcohol which may result in physical, social and behavioral
problems.
Baroning- Process by which a prison inmate obtain wealth,
influence and power by means of selling tobacco.
Bisexual-Are those inmates who have a sexual attraction or
sexual behavior toward both males and females, and may
also encompass sexual attraction to people of any gender
identity or to a person irrespective of that person's
biological sex or gender.
Carpeta- Otherwise known as "inmate record or jacket",
contains the personal and criminal records of inmates,
documents related to his/her incarceration such as but
not limited to: commitment order, subpoenas, personal
identification, orders from the court, and all other papers
necessary Connected with the detention of an inmate.
Chief Custodial Officer- The personnel in-charge in the
overall supervision of all custodial functions.

Clustering of Jails- The designation of a municipal or city

Jail as a facility for one or more adjacent municipalities in
order to maximize the utilization of personnel and other
resources. The "host “city or municipality is named as a
district to accommodate inmates from the municipalities
clustered to it.
Commitment- Means entrusting for the
confinement of an inmate to a jail by a
competent court or authority, for the purposes
of safekeeping during the pendency of his/her
case
Commitment Order- A written order of the
court, or any other agency authorized by law to
issue, entrusting an inmate to a jail for the
purpose of safekeeping during the pendency of
his/her case.
Contraband-Any article, item, or thing
prohibited by law and/or forbidden by jail
rules that would pose as security hazards
or endanger the lives of inmates.
Conjugal Visitation - Refers to the visit by
the wife for a short period, usually an
hour, more or less, to her incarcerated
husband during which they are allowed
privacy and are generally understood to
have sexual contact.
Inmates with other Nationalities - Those inmates who
are foreign nationals.

Instrument of Restraint-A device, contrivance, tool or

instrument used to hold back, keep in, check or control
inmates; e.g., handcuffs

Jail-A place of confinement for city and municipal

detainees/prisoners, any fugitive from justice, or
person detained awaiting or undergoing investigation
or trial and/or pending transfer to the National
Penitentiary, and ‘or violent, mentally ill person who
endangers him/herself or the safety of others, duly
certified as such by the proper medical or health
officer, pending transfer to a mental institution.
Jail Aide- aka Trustee An inmate who requires less
supervision than other inmates. Although he/she may
be assigned special tasks, he/she has no special
privileges, and is not allowed to work alone nor
exercise any authority over other inmates.
Jail Incident-Any untoward or uncommon actions,
events, or conditions such as jail break, riot, noise
barrage, stabbing or assault upon personnel that
occurs in jail and perpetrated by any person, which
may or may not have followed or depended upon
another action of grave or serious consequences such
as escape, injury, death, fire, flood, earthquake, or
other calamity which affects the jail.
 Jailbreak- The escape from jail by more than two (2)
inmates by the use of force, threat, violence or
deceit or by breaching security barriers such as by
scaling the perimeter fence, by tunneling and/or by
other similar means or by burning or destructing of
the facility or a portion of the facility with or without
the aid of jail officer or any other person.

Jail escape-It is an act of leaving from jail of an

inmate through unofficial and illegal ways or without
any legal order from the authorities
Jail Warden-Person charged with the overall
operational and administrative control of jail.

Illegal Contraband-Are those that are unlawful in

themselves and not because of some extraneous
circumstances (i.e. dangerous drugs, weapons,
potential weapons, explosives).

Lesbian-A female homosexual inmate, who

experiences romantic love or sexual attraction to
fellow female inmates.

Mentally-Those inmates who suffer from mental

illness and afflicted with or exhibiting irrationality and
mental unsoundness.
Mittimus Order -A warrant issued by a court
bearing its seal and the signature of the judge,
directing the jail or prison authorities to receive
inmates for the service of sentence.

National Inmates' Monitoring System (NIMS) -

dynamic stand-alone client application software
is used in Bureau of Jail Management and
Penology (BJMP) Jails nationwide in automating
the inmates' records
Nuisance Contraband-Those that may not be
classified as illegal under the Philippine laws but are
forbidden by jail rules le. cellphone, money or other
commodities of exchange such as jewelry, appliances
and gadgets, excessive wearing apparels and sleeping
paraphernalia, intoxicating liquor Cigarettes,
pornographic materials, gambling paraphernalia and
other products that are considered as instruments for
vices since they threaten the security, fire safety,
sanitation of the facility, and the orderly activities of
the jail.
Historical development of punishment and its basis

-Ur-Nammu Code 2050-2100 BCE. Tablets CE

-Code of Hammurabi by King Hammurabi in the

Babylon(from c. 1755-1750)

-Code of Hittites from c. 1650-1500 BCE

Code concerning more on Social issues

Code of Draco (Ultimate Severity) 7th century BC

-Ur-Nammu Code 2050-2100 BCE.
Code of Draco (Ultimate Severity) 7th century BC

And Draco himself, they say,

being asked why he made
death the penalty for most
offences, replied that in his
opinion the lesser ones
deserved it, and for the
greater ones no heavier
penalty could be found.

— Plutarch, Life of Solon

Take note:
Auburn Correctional Facility (Auburn
Penitentiary) - Auburn Prison System
(Congregate System or New York System) – A
confinement of the prisoners in a single cell at
night and congregate work in shops during the
day.
Pennsylvania Correctional Facility -
Pennsylvania Prison System (Separate System)
– A confinement of prisoners in their own cells
day and night.
Pope Clement XI (1703) – Hospice De San Michelle in Rome
(Hospital of St. Michael)
-It is use for youthful offender
-The prisoners were classified according to their age and crime
they had committed.
-This placed was designed for incorrigible youths under 20 years
of age and on top of their doors an inscriptions is written which
reads, – It is little advantage to restrain the Bad by Punishment
unless render them Good by Discipline”
-At night they pray and sleep on separate cells for repentance
but at day time work in a large central hall isolation, solitary
work in the cells, bread and water diet, floggings and the black
hole were some of the punishment,
-In 1735, He established an institution for woman based on the
work of John Howard: For the correction and instruction of
profligate youth: That they who when, idle, were injurious, when
instructed might be useful to the State. 1704."
In 1773, JOHN HOWARD (1726-1790)
-High Sheriff of Bedfordshire
-The Greatest Prison Reformer
Typhus or Jail Fever
-As a young man he traveled to Europe hoping to help
in the relief of Lisbon after the disastrous earthquake of
1755.
-He was captured by the French and was held prisoner
for two months in conditions of great barbarity. Lucky
---he was returned to England as exchange prisoner.
-Having been influenced by Beccaria and through his
own experience he wrote a book entitled “The state of
the Prisons in England and Wales”.
ELMIRA REFORMATORY (1876)
It was established a link between the
community-based program and the penal
institution.
“The Hill or Junior”
The forerunner of Modern Penology.
Ancient forms of punishment (Death punishment
or Corporal punishment)
Death punishment - the infliction of the death
penalty upon a person who committed a serious
crime such as stoning to death, devour by animal,
breaking the wheel, quartering, Iron maiden and
the like.
Corporal punishment – the infliction of
torture.
Judicial condition of penalty
-Legal (Judicial) - The Penalty must be imposed by
the proper authority and by virtue of a judgment as
prescribed by law
-Definite (Specific) - The Penalty must be specific
and exact.
-Commensurate - The Penalty must be proportional
to the gravity or seriousness of the crime
committed
-Personal - The Penalty must be imposed only to the
person who committed the crime with no substitute
-Equal - The Penalty must be applied to all who
committed the crime. Due Process of law
Bureau of Jail Management and Penology (BJMP)
 On January 2, 1991, the Bureau of Jail Management
and Penology was created thru Republic Act 6975 as a
line Bureau under the Department of Interior and Local
Government (DILG).
o Municipal Jail – not more than 6 months
o City Jail – One Day to Three years
o District Jail – One day to Three years (BJMP Manual
2015)
o Provincial Jail – Six (6) months and One (1) day to
three (3) years - Provincial Jail in the Philippines is not
under the Jurisdiction of the Bureau of Corrections or
Bureau of Jail Management and Penology. They are
manage and controlled by the Provincial Government.
Contraband – any article, items or things that is contrary to
prison/jail rules and regulation. Anything prohibited by law
and/or forbidden by jail rules that would pose as security
hazards or endanger the lives of inmates.
Nuisance contraband - That is to be mailed
out, or personal property that must be sent
out as a result of excessive accumulation, shall
be forwarded at the inmate's expense in
accordance with the Program Statement on
Inmate Personal Property.
Prisonization - The socializing process by
which the inmate learns the rules and
regulation of the institution and the
informal rules, values, customs and general
culture of the penitentiary whether formal
or informal.

The process by which an inmate learns,

through socialization, the rules and
regulations of the prison culture.
Commitment order
vs
Mittimus order
Vs
Carpeta
MITTIMUS
It is a warrant issued by a court bearing its seal and the signature
of the judge directing the jail or prison authorities to receive the
convicted offender for service of sentence.
, Guilty 6years

COMMITMENT ORDER
It is a written order of a court or authority consigning a person to
jail or prison for detention.
Maria jail for the safekeeping… awaiting trial, under
investiagtion, waiting for final judgment.

CARPETA
Otherwise known as “inmate record of jacket”, contains the
personal and criminal records of inmates, documents related to
his/her case incarceration such as but not limited to: commitment
order, subpoenas, personal identification, orders from court, and
all other papers concerning with the detention of inmate.
PRISONER
Inmate who is convicted by final judgment.

DETAINEE
Inmate who is undergoing trial, investigation or
awaiting for final judgment.

JUAN CONVICTED BY FINAL JUDGMENT OF 1 YEAR

IMPRISONMENT?
- < 3 YEARS, bjmp, DETAINEe

Both of them are PDL.

Prison Classification
-Diagnosis – a stage where the prisoner’s case history is
taken and his personality studied.
-Treatment Planning – involves the formulation of a
tentative treatment program best suited to the needs of the
individual prisoner, based on the findings
-Execution of the treatment program - the actual
application of the treatment program designed for the
prisoner
-Re-Classification – the process of monitoring the response
of the prisoner to the treatment program and the conduct
of review of previous findings as compared to new
information currently available. Periodic analysis of inmates
continues from the time of the initial classification until his
release
Diversification - It is an Administrative device of correctional
institutions of providing varied and flexible types of physical
plans for the more effective custody, security and control
treatment programs of its Diversification populations.
AGE – prisoner who are seventeen years old and below should
be segregated from older groups to prevent the youthful
offenders from becoming hardened criminals.
SEX – Female and Male are separated away in separate
institution.
MEDICAL OR MENTAL CONDITIONS – Mentally ill, sexual
deviates physically handicapped and hospital patients need to
be segregated from the prison population because each group
needs special kinds treatments
DEGREE OF CUSTODY – is the most used factor for
diversification that is the extent of strict keeping necessary for
the prison in confinement.
The Philippine facilities in Bureau of Corrections (BuCor)
1. Old Bilibid Prison (Manila City Jail) – It is located at
Oroquieta Street in Manila. It was formally opened on
April 10, 1866 by a Royal Decree. (1847). (Now it is
under the BJMP)
2. San Ramon Prison and Penal Farm
3. Iwahig Prison and Penal Farm (Iuhit Penal Settlement)
4. New Bilibid Prison (NBP)
5. Davao Prison and Penal Farm (Dapecol)
6. Sablayan Prison and Penal Farm
7. Leyte Regional Prison (LRP)
8. Correctional Institution for Women (CIW)
 BUREAU OF CORRECTION

According to Security
-Minimum security (Brown)
-Medium security (Blue)
-Maximum security (Tangerine)
According to Risk
 High Risk inmate
 High Profile inmate
 Ordinary inmate
Prison Custodial Division - The guarding or penal
safekeeping, it involves security measures to
insure security and control within the prison.
 SECURITY OFFICERS – the commanding
Officers
 SUPERVISING PRISON GUARD – the supervise
groups of guards details of several posts
 SENIOR PRISON GUARD – take charge of
squad or escort guard assigned to important post
such as the control gates
 PRISON GUARD – the lowest in Rank assigned
to sentinel post such as Guard Houses and Gates
Administrative Branch
 PERSONNEL MANAGEMENT BRANCH - Assignment of Personnel,
Procedures of Selection, Preparation of Personnel report and Individual
record file
 PROPERTY AND SUPPLY BRANCH - Take charge of the safekeeping of
equipment and supplies and material needed for the operation of the Jail
 RECORDS AND STATISTIC BRANCH - Keep and maintain booking sheets
and arrest report, keep an orderly record of fingerprints and photographs
and Present/prepare statistical data of inmates
 BUDGET AND FINANCE BRANCH - take charge of all financial matters
such as budgeting, financing, accounting, and auditing
 MESS SERVICE BRANCH - Take charge of the preparation of the daily
menu, prepares, and cook the food and serve it to inmates.
 GENERAL SERVICE BRANCH - Responsible for the maintenance and
repair of jail facilities and equipment. It is also task with the cleanliness and
beautification of the jail compound
 MITTIMUS COMPUTING BRANCH - tasked to received court decisions
and compute the date of the full completion of the service of sentence of
inmates
Correctional Administration (CA-2)
Non-Institutional Corrections
PAROLE AND PROBATION ADMINISTRATION
Task to investigate petitioners for Probation & Supervision of Probationer, Parolees,
and Conditional Pardonees.

BOARD OF PARDONS AND PAROLE

They grant the Parole and recommending authority for grant of Executive Clemency by
the President of the Philippines

DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT

Renders services for Child in Conflict with the Law (CICL)

Act No. 4221 of the Phil. Assembly (Probation Act) -
Established an adult probation law but was abolished in
1937 after two (2) years of existence on the ground of
unconstitutionality in the case of People vs. Vera, 37 O.G.
164.
o The People of the Philippine Islands and Hong Kong
& Shanghai Banking Corporation, petitioners, vs. JOSE O.
VERA, Judge of the Court of First Instance of Manila, and
MARIANO CU UNJIENG, respondents.
o Unconstitutional because it denies the equal
protection of the laws and constitutes an unlawful
delegation of legislative power and, further, that the
whole Act is void: that the Commonwealth is not
estopped from questioning the validity of its laws
Take note: History of Presidential Decree 968 “Adult
Probation Law of 1976”
o Reestablished the adult probation law which was
signed by President Ferdinand Marcos
o Approved July 24, 1976. “Probation law of 1976
o January 3, 1978 was took effect
PROBATION - 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.

PURPOSE OF PROBATION
o Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment.
o Provide an opportunity for the reformation of a
penitent offender.
o Prevent omission of offense.
 PRESIDENTIAL DECREE 968
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may,
after it shall have convicted and sentenced a defendant and upon application at any
time of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions as it may
deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a

fine only. An application for probation shall be filed with the trial court, with notice to
the appellate court if an appeal has been taken from the sentence of conviction. The
filing of the application shall be deemed a waiver of the right to appeal, or the
automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

 REPUBLIC ACT 10707
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further
amended to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable penalty
and upon application by said defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best. No application for
probation shall be entertained or granted if the defendant has perfected the appeal from
the judgment of conviction: Provided, That when a judgment of conviction imposing a
non-probationable penalty is appealed or reviewed, and such judgment is modified
through the imposition of a probationable penalty, the defendant shall be allowed to
apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been re-raffled. In a case
involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution
of the sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he
seek a review of the modified decision which already imposes a probationable
penalty.

“Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. The filing of the application shall be deemed a
waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

Take note:
o Confidentiality of Records - The investigation report and the supervision history
of a probationer obtained under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or
the court concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents or parts
thereof whenever the best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the proper court or the
Administration.
o Violation of Confidential Nature of Probation Records. The penalty of
imprisonment ranging from six months and one day to six years and a fine ranging
from hundred to six thousand pesos shall be imposed upon any person who violates
Section 17 hereof. “BAWAL KA PA SA PROBATION”
Requirements on how to avail the benefits of P.D 968, as
amended
o Section 8. Criteria for Placing an Offender on Probation. In
determining whether an offender may be placed on
probation, the court shall consider all information relative, to
the character, antecedents, environment, mental and physical
condition of the offender, and available institutional and
community resources. Probation shall be denied if the court
finds that:
a. The offender is in need of correctional treatment that can
be provided most effectively by his commitment to an
institution; or
b. There is undue risk that during the period of probation
the offender will commit another crime; or
c. Probation will depreciate the seriousness of the offense
committed.
Section 10. Conditions of Probation. Every probation
order issued by the court shall contain conditions
requiring that the probationer shall:
o Present himself to the probation officer designated
to undertake his supervision at such place as may be
specified in the order within seventy-two hours from
receipt of said order; (Within 72 Hours)
o Report to the probation officer at least once a
month at such time and place as specified by said
officer. (Once per Month) “Parang Monthsary niyo
Girlfriend or Boyfriend”
Republic Act No. 10707 - an act amending
Presidential decree 968, otherwise known as the
“Probation Law of 1976”, as amended

The benefits or advantages of Probation

o The government spends much less when an
offender is released on probation than that offender
be placed behind bars (jails/prisons).
o The offender and the offender’s family are
spared the embarrassment and dishonor of
imprisonment.
MODIFICATIONS OF CONDITIONS FOR
PROBATION (DAU)
o At any time During supervision
o After summary hearing when the
probationer violated any of its conditions
o Upon application by the probation officer or
the probationer himself
DEVELOPMENT OF PAROLE

PAROLE - A method by which a prisoner who has

served a portion of his sentence is conditionally
released but remains in legal custody, the condition
being that in case of misbehavior, he shall be
imprisoned.

PAROLE - French word “PAROLE D’ HONEUR”

meaning “Word of Honor”.
Section 4. Grant of Probation. Subject to the provisions of this
Decree, the court may, after it shall have convicted and sentenced
a defendant and upon application at any time of said defendant,
suspend the execution of said sentence and place the defendant
on probation for such period and upon such terms and conditions
as it may deem best.

Probation may be granted whether the sentence imposes a term

of imprisonment or a fine only. An application for probation shall
be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The
filing of the application shall be deemed a waiver of the right to
appeal, or the automatic withdrawal of a pending appeal.
1837 - FIRST PAROLE LAW WAS PASSED IN
MASSACHUSETTS. At the same time Captain
Maconochie, In charge of the English Penal
Colony in Norfolk Island, Australia, introduce
a system whereby a prisoner was given a
“TICKET OF LEAVE” (the equivalent of parole)
after earning a certain required number of
marks.
1856 - Parole was also featured in
Irish Prison System based on an
indeterminate sentence and the
mark system
DR. SAMUEL G. HOWE OF BOSTON - First
man to use the word “PAROLE”. He used
the word in a letter to the Prison
Association of New York in 1869, after
some American Prison Reforms who
observed that the Irish Prison System
paved the way for the approval of the law
and the creation of Elmira Reformatory
REVIEW OF CASES FOR PAROLE - Unless otherwise
disqualified under Section l5 of these Rules, a case
for parole of a prisoner shall be reviewed upon a
showing that he is confined in prison or jail to serve
an indeterminate sentence.
o The maximum period of which exceeds one (1)
year, pursuant to a final judgment of conviction;
o That he has served the minimum period of said
sentence.
o Inmate’s conviction is final and executory
o Inmate has no Pending Criminal case
o Inmate is serving sentence in the national
penitentiary unless confinement in a municipal, city,
district, city and/or provincial jail, is justified.
SEC. 14. GRANT OF PAROLE - A prisoner may
be granted parole whenever the Board finds
that there is a reasonable probability that if
released, he will be law-abiding and that his
release will not be incompatible with the
interest and welfare of society.
SEC. 15. DISQUALIFICATION FOR PAROLE - The following prisoners shall not be granted
parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or
Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or
espionage, misprision of treason, rebellion, sedition or coup d'etat, piracy or mutiny on
the high seas or Philippine waters;
c. 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;
d. Those who escaped from confinement or evaded sentence;
e. Those who were granted Conditional Pardon and violated any of the terms thereof;
f. those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;
g. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;
h. Those whose conviction is on appeal;
i. Those who have pending criminal case/s.
EXECUTIVE CLEMENCIES (PARC)

PARDON (Absolute/conditional) - It is a form of

Executive Clemency which is exercised by Chief
Executive.
 ABSOLUTE PARDON

Given without any condition attached to it and it is

the sole power of the president to grant it to that
person whose qualification is qualified? Except in
cases of impeachment (Art. 7, sec 19 of 1987
Philippine Constitution) take note only qualified
individual if several persons it will fall under Amnesty
provided he did not failed to any of provision in
granting amnesty.
 CONDITIONAL PARDON

Serves the purpose of releasing a prisoner who

is already reformed or rehabilitated but who
cannot be paroled because the parole law does
not apply to him. Thus a prisoner serving a
determinate sentence or life imprisonment is
excluded from the benefits of the parole law.
However reformed he may be given conditional
pardon.
 PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY
Extinguishes the criminal liability It does not extinguish the criminal liability of the
of the offender offender
It does not include the civil liability The offended party can waive the civil liability of the
to pay offender
Granted only after conviction Must be made before the institution of the criminal
action in cases where the law allows pardon by the
offended party. Also it must be extended to both
offenders.
AMNESTY - It is an act of the sovereign power
granting oblivion general pardon for a past
offense usually granted in favor of certain
classes of persons who have committed
crimes of a political character, such as
Treason, Sedition, Rebellion and etc.
 AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or before May be given only after final conviction
trial
Looks backward Looks forward
REPRIEVE - temporary suspension of the execution of
sentence (usually extended to death penalty
prisoners). This word simply means “to make back” or
the withdrawing of the sentence for an interval of
time. It is the temporary stay if the execution of
sentence exercised by the President

COMMUTATION OF SENTENCE – reduction, reducing,

lessening, lowering, MITIGATING or deduction of the
sentence. It is an executive clemency that changes a
heavier sentence to a less serious one, or a longer
prison term to a shorter period.
Recognizance – A mode of securing the release of
any person in custody or detention for the
commission of an offense who is unable to post bail
due to abject poverty. The court where the case of
such person has been filed shall allow the release
of the accused on recognizance as provided herein,
to the custody of a qualified member of the
barangay, city or municipality where the accused
resides.
R.A. 6036 (Release of Recognizance of August 4,
1969), as amended Republic Act 10389
"Recognizance Act of 2012″.
o An act providing that bail shall not, with
certain exceptions, be required in cases of
violations of municipal or city ordinances;
o Criminal offenses when the prescribed
penalty for such offenses is not higher than
arresto mayor and/or (Six (6) Months)
o A fine of two (Php. 2,000) thousand pesos or
both.
o A kind of release where in a prisoner will be
turn over to somebody with probity to the
community
Section 7, R.A. 10389. Disqualifications for Release on Recognizance. – Any of the
following circumstances shall be a valid ground for the court to disqualify an accused
from availing of the benefits provided herein:
a) The accused bad made untruthful statements in his/her sworn affidavit
prescribed under Section 5(a);
b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;
c) The accused had been found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of bail or release on
recognizance without valid justification;
d) The accused had previously committed a crime while on probation, parole or
under conditional pardon;
e) The personal circumstances of the accused or nature of the facts surrounding
his/her case indicate the probability of flight if released on recognizance;
f) There is a great risk that the accused may commit another crime during the
pendency of the case; and
g) The accused has a pending criminal case which has the same or higher penalty
to the new crime he/she is being accused of
Section 8, R.A. 10389. Qualifications of the Custodian of the
Person Released on Recognizance. – Except in cases of
children in conflict with the law as provided under Republic
Act No. 9344, the custodian of the person released on
recognizance must have the following qualifications:
a) A person of good repute and probity;
b) A resident of the barangay where the applicant resides;
c) Must not be a relative of the applicant within the fourth
degree of consanguinity or affinity; and
d) Must belong to any of the following sectors and
institutions: church, academe, social welfare, health sector,
cause-oriented groups, charitable organizations or
organizations engaged in the rehabilitation of offenders duly
accredited by the local social welfare and development
officer.
Take note: If no person in the barangay where
the applicant resides belongs to any of the
sectors and institutions listed under paragraph
(d) above, the custodian of the person released
on recognizance may be from the qualified
residents of the city or municipality where the
applicant resides.
Section 9, R.A. 10389. Duty of the Custodian – The
custodian shall undertake to guarantee the
appearance of the accused whenever required by
the court. The custodian shall be required to
execute an undertaking before the court to produce
the accused whenever required. The said
undertaking shall be part of the application for
recognizance. The court shall duly notify, within a
reasonable period of time, the custodian whenever
the presence of the accused is required. A penalty
of six (6) months to two (2) years imprisonment
shall be imposed upon the custodian who failed to
deliver or produce the accused before the court,
upon due notice, without justifiable reason.
THANK YOU AND GOOD LUCK!
Take note:
 Galley Slavery - A kind of human chattel, often a prisoner of war, assigned to his
duty of rowing long, low, narrow, single decked ships propelled by sails, usually rowed
by criminals. A type of ship used for transportation of criminals in the 16th century
 Hard Labor – a sentence of time to a work house where inmates performed
manual labor all day, every day.
 Penal Transportation - the relocation of convicted criminals, or other persons
regarded as undesirable, to a distant place, often a colony for a certain term; later,
specifically established penal colonies became their destination. While the prisoners
may have been released once the sentence was served, they generally didn't have the
resources to get themselves back home.
 Ergastulum – They will attach to bench & forced to do hard labor during their
imprisonment.
 Branding - During the ancient time, what was the method by which offenders were
inflicted pain through burning red hot iron which was used to stamp the first letter of
his offense in the forehead or cheek
 Flagellation - The act of methodically beating or whipping the human body
 Prison ship “Hulk” (Floating Hell or Hell on the Water) - It was converted as prison
in order to ease the congestion in prison. But this resulted into a more degrading life
for both prisoners and guards. This even last for 85 years and no segregation was made
between youth, man and woman
Take note:
William Penn
Manuel Montesinos
Frédéric-Auguste Demetz (France)
François-Marie Arouet (Voltaire)
Sir Evelyn Ruggles Brise
Director Zebulon R. Brockway
Take note:
Twelve tables (Lex Duodecim Tabularum)
Justinian Code (Corpus Juris Civilis Justiniani)
urgundian Code (Lex Burgundionum)
Tang Code
Benefits of Clergy (non secular court)
Securing Sanctuary (13th century )

Take note:
Walnut Street Jail (Walnut Street State Prison)
Maisone Force
Maine State Prison
Mamertime Prison
Underground Cistern (Greek "box or basket)
Sing-Sing Correctional Facility