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Community-Based Corrections in the Philippines

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Rey-an Tores
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0% found this document useful (0 votes)
16 views10 pages

Community-Based Corrections in the Philippines

Uploaded by

Rey-an Tores
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

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

CRIMINOLOGY DEPARTMENT
__________________________________________________________________________________________
NON-INSTITUTIONAL CORRECTIONS
Course Number: Correctional Administration 2 Instructor: Noime D. Petalino

Course Title: Non-Institutional Corrections Mobile Number: 09395797748

Module No.: 3 Email Address:


noimepetalinorcrim@[Link]
Duration: 2 weeks

I. LEARNING OUTCOMES

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


1. find the different Halfway houses in the Philippine setting;
2. identify the other forms of community-based corrections;
3. determine the laws about the other forms of community-based release; and
4. identify the different types of release.

II. TOPICS
1. COMMUNITY-BASED CORRECTION PROGRAMS
2. OTHER COMMUNITY-BASED CORRECTION PROGRAMS
3. ENTITIES OF THE GOVERNMENT TASK FOR PROVIDING COMMUNITY-BASED
CORRECTION
4. BENEFITS OF COMMUNITY-BASED CORRECTIONS
5. CURRENT ISSUES AND CONCERNS ON COMMUNITY-BASED CORRECTION
6. OTHER FORMS OF COMMUNITY-BASED RELEASE
7. GUIDE TO EARLY RELEASE
8. HALFWAY HOUSES

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

IV. COURSE CONTENT

COMMUNITY-BASED CORRECTION PROGRAMS


1. PROBATION – 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.
2. PAROLE – a conditional release from prison of a convicted person upon service of
the minimum of his indeterminate penalty.
3. PARDON – a form of executive clemency which is exercise exclusively by the Chief
Executive. Pardon may be given conditionally (Conditional Pardon) or
unconditionally (Absolute Pardon). For the purpose of Non-Institutional Correction, it
is the conditional pardon with parole conditions is under considerations.

Note: For simple infractions of laws or ordinances, Community Service may likewise
be considered as community-based correction. This is imposed to require the
violators to render community service in lieu of payment of fine and/or
imprisonment.

Other Community-Based Correction Programs


In other jurisdictions, parole, probation, and conditional pardon have always been a way of
community correction, but with the technological advancement and considering the psychology
of convicted people, correction programs have widened to accommodate the following:
1. Work releases;
1 | NON-INSTITUTIONAL CORRECTIONS
2. Day fine programs;
3. Electronic monitoring;
4. Home confinement;
5. Community service;
6. Halfway houses;
7. Boot-camp prisons;
8. Restitution
9. Check-in programs
[Link];
[Link];
[Link] justice centers;
[Link] checks;
[Link] checks; and
[Link] methods where there is a certain level of trust between offenders and people
involved.

Entities of the Government task for providing Community-Based Correction

1. Parole and Probation Administration (PPA)


 Conduct investigations of all cases in relation to parole, probation, and pardon.
 Responsible for the supervision of all parolees, probationers, and conditional
pardon grantees.
2. Board of Pardons and Parole (BPP)
 Authority in granting parole
 Responsible for recommending the grant of pardon and executive clemency to
the President.
3. Department of Social Welfare and Development (DSWD)
 Handling cases of Child in Conflict with the law (CICL)

Benefits of Community-based Corrections


1. Strengthening family ties through avoidance of broken family relationships. The
treatment and rehabilitation of convicted offender is done outside the institutional
facilities hence, family members will not suffer broken family due to imprisonment of
one of its members;
2. Prevention of Influence Contamination – putting convicted felon to prison may expose
him to hardened criminals who might influence him to be more hardened criminal than
before;
3. Engagement of Community Involvement – rehabilitation can be more effective with the
help of the members of the community;
4. Assurance of Individualized Treatment Approach – these programs provide
individualized treatment program for convicts which is if not available, it is hard to
attain in correctional institution;
5. It is more economical than institution-based correction on the part of the government.

Purposes
1. Facilitating convicts’ reintegration.
2. Fostering convicts’ rehabilitation.
3. Providing an alternative range of convict’s punishment.
4. Heightening convict’s accountability.

Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding

2 |NON-INSTITUTIONAL CORRECTIONS
Current Issues and Concerns on Community-based Correction
1. Public resistance against non-institutional correction
2. Punishment against rehabilitation and reintegration
3. Convicted individual needs safety as well as the public
4. Availability of rrehabilitation services
5. Education and training for rehabilitation service providers
6. Coping with special needs of the convicts

OTHER FORMS OF COMMUNITY-BASED RELEASE


Aside from probation and parole, other modes of non-institution-based corrections are:
 Presidential Decree 603, otherwise known as the Child and Welfare Code;
 Batas Pambansa Bilang 85 for those who have already served the maximum period of
the imposable penalty in detention but whose cases are still pending in the court; and
 Republic Act 6036, otherwise known as the Law on Release on Recognizance, places
under the custody of prominent persons in the community for those who cannot post bail,
persons charged with offenses involving a violation of a municipal or city ordinance, and in
criminal cases where the prescribed penalty is not higher than arresto mayor (six months)
and/or a fine of two thousand pesos or both.
 Republic Act 6127 fully deducts the period of the offender's preventive detention from
the sentence imposed by the Courts.
 The Revised Penal Code under Article 96 also provides that in meritorious cases, the
commutation of the prisoner's sentence through Presidential Action shall be upon the
recommendation of the court which imposed the same.
 Presidential Decree Number 1508 provides among others, that for Criminal offenses
imposable with imprisonment of thirty (30) days or less, the parties thereto, must first try
to settle the case amicably at the barangay level, and only when no settlement can be
reached, a complaint be entertained by the court.

GUIDE TO EARLY RELEASE OF PRISONERS

RELEASE ON RECOGNIZANCE
 The offender under custody can be released to a responsible person in the community as
provided under Republic Act 6036.

Who may apply?


 a person charged with the violation of a municipal ordinance.
 A person charged with a light felony.
 A person charged with a criminal offense, the prescribed penalty of which is not higher
than 6 months (arresto mayor) or a fine of P 2,000.00 or both)

When to apply?
3 |NON-INSTITUTIONAL CORRECTIONS
 When the offender is committed to any BJMP jail.

Where to apply?
 The Presiding Judge of the court.

RELEASE ON BAIL

 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.

Who may apply?


 A person in custody of the law.

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.

Where to apply?
 The Court where the case is pending. In the absence or unavailability of the judge, another
branch of the same court within the province or city.
 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.
 If not yet charged in court, any Court in the province, city, or municipality where the
person in custody is held.

PREVENTIVE IMPRISONMENT
 Batas Pambansa Bilang 85 authorizes the release of a detained offender who has
undergone preventive imprisonment equivalent to the maximum imposable penalty for
the offense charged.

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 voluntarily when upon being summoned for the
execution of sentence.

When to apply?
 accused has undergone preventive when the 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 of 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 thirty (30) days of preventive imprisonment.

Where to apply?
 The Presiding Judge of the Court

4 |NON-INSTITUTIONAL CORRECTIONS
CHILD AND YOUTH WELFARE CODE (PD603) FAMILY COURTS ACT (RA8369)

The offender under custody can be released to a responsible person in the community as
provided under Republic Act 6036.
A youthful Offender (a child, minor, or youth) including one who is emancipated in accordance
with the 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.
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 eighteen (18) years of age at the time of the
commission of the offense unless he acted with discernment.

When to apply?
 When the person is a youthful offender at the time of
the commission of the offense.

Where to apply?
 The Court suspended the sentence upon
recommendation by the Department of Social
Welfare and Development (DSWD) or other agency or
agencies authorized by the Court.

EXECUTIVE CLEMENCY
(Executive clemency refers to commutation of Sentence. Absolute Pardon and Conditional
Pardon with or without parole conditions, as may be granted by the President of the Philippines
upon the recommendation of the Board of Pardons and Parole)
Who may apply?
 A prisoner: not eligible for Parole

5 |NON-INSTITUTIONAL CORRECTIONS
 Who has not been sentenced to another prisoner term within one (1) year from the date of
his last recommitment to the jail or prison from where he escaped;
 Who has not violated any condition of his discharge parole or conditional pardon;
 Who is not suffering from a mental illness or disorders certified by a movement
psychiatrist;

When to apply?
 Commutation of the sentence once the prisoner has served at least 1/3 of the minimum of
his indeterminate sentence;
 Conditional Pardon - once the prisoner has served % of the minimum of his indeterminate
sentence;
 Absolute Pardon - Ten (10) years must have elapsed from the date of petitioner's release
from confinement, or five (5) years from the expiration of his maximum sentence,
whichever is more beneficial to him.

Where to apply?
 The President of the Philippines, through the Chairman, Board of Pardons and Parole.

PAROLE
Act 4103, as amended, authorizes the Board of Pardon and parole to grant parole to a prisoner
who has served the minimum sentence of his indeterminate prison term. (Parole is a conditional
release from prison of a prisoner who has served part of his sentence, allowing the prisoner to
complete his term of punishment outside the prison if he satisfactorily complies with the terms of
the Parole).

Who may apply?


 A convicted offender: not convicted of an offense punished with the death penalty or life
imprisonment;
 Not convicted of treason, conspiracy or proposal to commit treason; of misprision of
treason, rebellion;
 Not convicted sedition or espionage;
 Not convicted of piracy;
 Not a habitual delinquent;

Philippines-Japan Halfway House

6 |NON-INSTITUTIONAL CORRECTIONS
 a center for helping former drug addicts, prisoners, psychiatric patients, or others to adjust
to life in general society.

In line with the thrust to attain an effective and efficient implementation of rehabilitation
programs, the agencies involved in Corrections jointly maintain with other agencies the
Philippines-Japan Halfway House in Muntinlupa. The Asian Crime Prevention Foundation and
various Japanese NGOs donated the edifice. The APOLCOM Technical Committee Crime
Prevention and Criminal Justice, The Asia Crime Prevention Philippines (ACPPI), and the
Department of Justice operate the institution.
The facility provides a select number of released and about-to-be-released prisoners with short-
term residential facilities and services for social rehabilitation. It is manned by a Social Services,
Homelife, and Administrative Support Staff. Upon the generous sponsorship of the Asia Crime
Prevention
Foundation and the Nagoya West Lions Club, the Overseas Ohsaki Construction Corporation also
constructed the Halfway House Workhouse. Moreover, the Nagoya West Lions Club donated skills
training equipment and tools to include high-speed sewing machines for leathercraft making.
Several programs and services such as casework and medical and health services, and
placement services are counseling services, productivity training homelife services continuously
being provided to prepare inmates to become upon their release. Likewise, the Muntinlupa
Polytechnic useful and productive citizen in the mainstream of society formation to the residents.
Said activity is duly accredited by the continuously assists the released clients with College
extends non-formal education and seminar on values Department of Education (DepEd). The
Makati Golden Lions basic tools Sand a certain amount of pecuniary assistance.

*End of Module 3

7 |NON-INSTITUTIONAL CORRECTIONS
V. ACTIVITY/EXERCISE
Name: ________________________________________________________Year/Section:_______
Instructor: KARLA JOY A. ARDILLO _______
Subject: Non-Institutional Corrections Module No.3

Submit this activity in a hardcopy format or submit via the submission link posted on our
virtual platform.

Research about the different Halfway houses in the Philippines. Please provide the date of its
foundation and its location.

VI. ASSESSMENT/EVALUATION
Test 1. MULTIPLE CHOICE. Encircle the letter of the best answer. Submit this activity in a
hardcopy format or submit via the submission link posted on our virtual platform.
8 |NON-INSTITUTIONAL CORRECTIONS
1. It is an alternative to incarceration granted after a convicted person served a part of his
sentence and is allowed to complete a sentence at large, subject to restrictions and
supervision.
A. Probation
B. Work release
C. Parole
D. Halfway houses
2. It is an alternative to incarceration that allows convicted prisoners to remain at large and
under varying degrees of restriction and supervision and certain conditions imposed by
the court.
A. Probation
B. Work release
C. Parole
D. Halfway houses
3. A correctional institution that has the authority to detain a person awaiting trial of
adjudication or confine convicted offenders for a short period.
A. Halfway houses
B. Penal colonies
C. Jails
D. All of these
9. A correctional institution that has the authority to detain convicted offenders for longer or
extended periods, including those who are waiting for their death sentence.
A. Halfway house
B. Farmhouse
C. Jail
D. Prison
[Link] is an Act that fully deducts the offender’s preventive detention period from the
sentence imposed by the Court.
A. RA 6036
B. RA 6127
C. BP 85
D. PD 603
11. What Article in the Revised Penal Code provides that in meritorious cases, the
commutation of the prisoner’s sentence through Presidential action shall be upon the
recommendation of the Court which imposed the same?
A. Art. 83
B. Art. 95
C. Art. 96
D. Art. 89
[Link] Act that provides for criminal offenses imposable with imprisonment of thirty (30)
days or less, the parties thereto, must first try to settle the case amicably at the
barangay level.
A. RA 9344
B. RA 7160
C. PD 1508
D. PD 924
[Link] Act is otherwise known as the Law on Release on Recognizance.
A. RA 6036
B. RA 6127
C. BP 85
D. PD 603
[Link] is an Act known as the Probation Law for juvenile offenders.
A. RA 6036
B. RA 6127
C. BP 58
D. PD 603
15. A law that states for those who have already served the maximum period of the
imposable penalty but whose cases are still pending in the court.
A. RA 6036

9 |NON-INSTITUTIONAL CORRECTIONS
B. RA 6127
C. BP 85
D. PD 968

Test 2. TRUE OR FALSE. Write True if the statement is correct and False it is not.
______ 1. Non-institutional corrections or community-based corrections are the best alternatives
for imprisonment.
_______2. The most popularly and widely used non-institutional correction program is probation.
_______3. Overcrowded jails and prison facility is a major problem of our judicial system.
_______4. Public resistance against rehabilitation programs within the community is one of the
issues regarding implementing community-based correction.
_______5. Community-based correction programs provide individualized treatment program for
the offender, which is, if not available. It is hard to attain in correctional institutions.

Test 3. IDENTIFICATION. Read and understand the statements below. Write your answers in
the space provided. Submit this activity in a hardcopy format or submit via the submission link
posted on our virtual platform.
_______1. It is a conditional release from prison of a convicted person upon service of the
minimum of his 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 isa 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.
______4. It is a form of executive clemency which is exercise exclusively by the Chief Executive.
______5. These programs provide individualize treatment programs for the offender which is, if
not available, is hard to attain in correctional institutions.

10 |NON-INSTITUTIONAL CORRECTIONS

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