Andrei Vincent R.

Panganiban
BS-CRIM 3G

CA2: NON-INSTITUTIONAL CORRECTION

1. What is Correction as a Component of the Criminal Justice System- jail administration and
control in our country are distributed to at least, four agencies: the Bureau of Correction (BuCor)
under the DOJ, has supervision over the national penitentiary and its penal forms. Bureau of Jail
Management (BJMP) under the DILG, has exclusive control over all the city, municipal and district
Jails nationwide. Provincial Government under DILG, which supervise and control their respective
provincial and sub-provincial Jails; and Department of social Welfare and Development (DSWD)
which take care of among others, youthful offenders entered in detention centers for juveniles.
2. What is Jail Decongestion- has been a Prennial Problem ever since Oplan Decongestion was
formed through the execution of a memorandum of agreement on February 12, 1993.
3. Discuss the Laws and Decrees to Decongest Jails- the Constitution provides in section 13,
which Article III, that all persons, excepts those charged with offenses.
4. What is the Philippine Correction System- the Institution-Based Approach- the rehabilitation
of offenders in jail or prison. Non-Institutional Correction or Community-Based Approach- it
refers to correctional activities that may takes places within the community or the method of
correcting sentenced offenders without g=having to go to prison.
5. What are the Principles of Community-Based Rehabilitation Programs- HUMANITARIAN
ASPECT- Imprisonment is not always advisable. Restorative Aspect- these are measures expected
to be achieved by the offender, such as an establishment of a position in the community in which he
does not violate the laws. Managerial Aspect- are special importance because of the sharp contrast
between the peer capital cost of custody and any kind of community program.
6. What is the Nature of Probation in the Philippines- In criminal law it is a period of supervision
over an offender, ordered by a court instead of serving time in prison.
7. What is the Concept and Philosophy of Probation in the Philippines- First, it was a
conditional suspension of execution of a sentence- it denotes that the court assumes, a primary
role because a grant of probation is judicially dispensed and controlled. Second, it is personal care
or treatment and supervision over the probationer- indicates the administrative aspects of
probation through the supervision of a probation officer and from the point of view of social workers, a
social casework treatment.
8. Discuss the Essential Elements of Probation System Under Presidential Decree No. 968-
Probation is a single or one-time affair, Probation system is highly selective, Persons under probation
retain their civil rights like right to vote, or practice ones profession or exercise parental or marital
authority.
9. What to Consider in Determining whether an offender may be placed on probation- All
information relative to the character, antecedents, environment, mental and physical condition of the
offender and available institutional and community resource.
10. What grounds for the denial of Probation by the court- the offender is in need of correctional
treatment that can be provided most effectively by his commitment to an institution.
11. Where and When to file the Petition for Probation- The application shall be filed with the trial
court that tried and sentenced the offender at any time after conviction and sentence but within fifteen
(15) days after promulgation of judgement.
12. What is the given period to resolve the application for probation- within five days (5) after
receiving the report.
13. What is the mandatory conditions for probation? Are typically required to present themselves
to the probation officer for supervision and visitation at specified intervals.
14. What Grounds to effect Termination of probation supervision case? After the expiration of
the original or extended probation period and based on due consideration of the POs final report, the
trial court may order the final discharge of the probation upon finding that he has fulfilled the probation
terms and conditions.
15. When was the creation of the parole system in the Philippines? It came into existence by the
passage of Act 4103 as amended by Acts 4203 and 4225, otherwise known As the Indeterminate
Sentence Law, which took effect on Dec. 5, 1933.
16. What is 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 misbehaviour,
he shall be imprisoned.
17. What is Indeterminate Sentence Law? To uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of liberty and economic usefulness.
18. Who are Considered as National Prisoners? Serving prison of tree years and one day in prison
term to death.
19. What is the effect of the Recommitment of the Client? The client who recommitment 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.
20. What is the constitutional basis for granting executive clemency? Plenary Power of the
President to Grant Executive Clemency Under Section 19. Article VII of the Constitution.
21. Upon the recommendation of the BPP who will grant executive clemency- The President has
constitutional authority to grant executive clemency.
22. What is Pardon? Is a government decision to allow a person to be relieved of some or all of the
legal consequences resulting from a criminal conviction.
23. What is Absolute Pardon? Total extinction of the criminal liability of the individual to whom it is
granted without any condition what so ever resulting to the full restoration of the civil rights.
24. What is Conditional Pardon? When its effectiveness depend on fulfilment of a condition by the
offender, usually a lesser punishment as in the commutation of the death sentence.
25. When the Pardoning power of the President may not be exercised. Cannot pardon
impeached officials and cannot circumvent legislative or judicial processes.
26. What is Amnesty. A decision by a government to forgive people who have committed particular
illegal acts or crimes and not to punish them.
27. When amnesty may be granted- Usually for political crimes against the state, such as treason,
sedition, or rebellion.
28. What is the commutation of a sentence? Speech is the fastest method of communication
between people.
29. What is Reprieve? To delay the punishment of someone such as a condemned prisoner.
30. What is the purpose of reprieve? Is a suspension or postponement of a convicted person.
31. Who can benefit from the law of Good Conduct time allowance? The prisoners to deduct time
from their sentence for good behaviour.
32. What is Heinous Crime? Typically involves some form of extraordinary personal injury or death.
33. What is Preventive Imprisonment? Is an imprisonment that is putatively justified for non-
punitive purpose, most often to prevent further criminal acts.
34. What is Special Time Allowance for Loyalty? A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who having evaded his preventive imprisonment.
35. Who grant time allowance? Whenever lawfully justified, the Director of the Bureau of Correction,
Chief of the Bureau of Jail Management and Penology, and or the Warden of a provincial, district,
municipal or city jail.