CHAPTER I

REVIEW ON THE RELEVANT TOPICS IN INSTITUTIONAL CORRECTION AND NON-

INSTITUTIONAL CORRECTION

The Philippine Correctional System

Correction is the forth pillar of the Criminal Justice System charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders. It is also defined as the study of Jail or Prison
Management and administration as well as the rehabilitation and reformation of criminals it includes all
government agencies, facilities, programs, procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. Considered to be the
weakest of the Five Pillars Namely Law Enforcement, Prosecution, Court, Corrections and Community because
of its inability to reform and rehabilitate the convicted criminals.

It is composed of Three Major and equally significant Components:

A. INSTITUTIONAL CORRECTIONS / INSTITUTION-BASED CORRECTIONS – CA1

Institution-Based Corrections comprise of prisons and jails that are concerned with prisoners serving
term of imprisonment, those under detention status and those for safekeeping
in selected cases. The jails and prisons are administered by the –

1. Bureau of Corrections of the DOJ for national penitentiaries.

2. Bureau of Jail Management and Penology of the DILG for municipal, city and district
jails.
3. Local Government Units with regard to provincial and sub-provincial jails.
4. Philippine National Police maintains detention facilities in its different police stations
nationwide.

Institutional based correctional practices. Offenders found guilty and sentenced by the court for confinement
are categorized based on the length of sentence.

B. NON-INSTITUTIONAL CORRECTIONS / COMMUNITY-BASED CORRECTIONS – CA2

Community-based Corrections pertain to probation, parole, pardon and other forms of executive
clemencies. These are being managed by the –

1. Parole and Probation Administration (PPA) of the DOJ.

PPA conducts a post-sentence investigation of petitioners for probation as referred by the courts, as well as
pre-parole/pre-executive clemency investigation for those referred by the Board of Pardons and Parole (another
DOJ agency), to determine the suitability of the offender to be reintegrated in the community instead of serving
their sentence inside an institution or prison. PPA further supervises probationers, parolees and conditional
pardonees to promote their rehabilitation and reintegration to the mainstream of society. It mobilizes the
community resources, especially through volunteer probation aides.

2. Board of Pardons and Parole (BPP)

Is authorized by law to grant parole to qualified prisoners. It also recommends to the President of the
Philippines the grant of executive clemency in the form of reprieve, commutation of sentence, conditional
pardon and absolute pardon.

3. Department of Social Welfare and Development

Moreover, assumes responsibility for the restorative part of the correction system by maintaining centers for
the care and restoration of youth and women who are in conflict with the law.

C. THERAPEUTIC MODALITIES – CA3

 2

The Therapeutic Community Modality Program (TCMP) is a self-help social learning treatment model
that utilizes the community as the primary therapeutic vehicle to foster behavioral and attitudinal change. In
this modality, the person learns and practices skills and responsibilities through structured activities that they
can transfer to the society upon their release. Each participant is expected to be a contributing member of the
community and develops the impetus to change by being a member of the community.

Generally, corrections, as a component of the system are responsible for:

• The MAINTENANCE of institution such as prisons, jails, halfway houses, and others.
• The PROTECTION of law-abiding members of society by keeping convicted offenders from
preying on society.
• The REFORMATION and rehabilitation of offenders in preparation for their eventual reintegration to the
mainstream of society and helping them lead a normal life after release.
• The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of
liberty will influence inmates and potential offenders to lead a life not in conflict or afoul with
the law.

Therapeutic Modality by Definition

According to Oxford Dictionary:

THERAPEUTIC means –( ther·a·peu·tic | /ˌTHerəˈpyoodik/ ) - Origin: mid-17th century: via modern Latin
from Greek therapeutikos, from therapeuein minister to, treat medically.

MODALITIES means – ( mo·dal·i·ty | /mōˈdalədē/ ) - early 17th century: from medieval Latin modalitas, from
modalis

Therapeutic Community

The Therapeutic Community (TC) is a style of treatment that engages the whole person in the recovery
process and challenges the individual to have a full, positive life with healthy supportive relationships and
satisfying work.

The TC is a self-help program whose primary goals are the cessation of substance abuse behaviors and
fostering personal growth. Community activities lead members to learn about themselves in the areas of
emotional, intellectual and spiritual condition, behavior management, and survival skills, which may include
vocational and/or educational assessments. The TC believes that people can change and that learning occurs
through challenge and action, understanding and sharing common human experiences.

Revolutions in the History of Correction

1. Age of Reformations- replaced corporal punishments exile and physical disfigurements with the
penitentiary.

2. Age of Rehabilitation- assumed that animals were handicapped persons suffering from mental or
emotional deficiencies. Under this individual therapy aimed at healing these personal
maladjustments became the preferred style.

3. Age of Reintegration- society becomes the patients as well as the offender. Much more emphasis is
placed on the pressures exerted on the offender by the social groups to which he belongs and on the
society that regulates his opportunity to achieve his goals.

Approaches in Corrections
 3

Institutional Corrections Non-Institutional Corrections

agencies and institution responsible for also known as the Community Based
maintaining physical custody of an offender. Corrections, it is a correctional activity that
(ex. Prison, jail, rehabilitation center) takes place outside the institution/ prison
(Traditional Method that requires walls.
incarceration) (ex. parole and probation)
(Modern Method that does not requires
incarceration. Also known as Community
Based Corrections.

Theories of Penology

1. Absolute Theories – these theory concerns with the legalistic approach on penal applications as a ground of
calling justice. The imposition of punishment is a retributive nature of justice reformation, deterrence, crime
prevention, self-defense and control. It adopts the principle of “nullum crimen, nulla sine poena lege” there
is no crime if there is no law punishing it.

2. Relative Theories – these theory concerns that punishment is a utility and usefulness of the society.

Classifications:

a. Reformative – reformation is the ultimate objective of punishment.

b. Exemplarity – punishing criminals will deter the others from committing crimes.
c. Protective – people must be protected from socially danger persons.

3. Compromisual Theory – this theory settles the concept of justification, sentiments and grounds for
punishment through compromises of conflicting views. Its objectives concern with retribution and
deterrence of criminals.

Punishment

It is the redress that the stake takes against an offending member of society that usually involves pain and
suffering.

Justifications of Punishment

1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the
society or the individual the opportunity of imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.

2. Expiation or Atonement –it is punishment in the form of group vengeance where the purpose is to
appease the offended public or group.

3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them
if they violate the law.

4. Incapacitation and Protection – the public will be protected if the offender has been held in conditions
where he cannot harm others especially the public.

5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility to the

offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen
and productive.

Who is a Prisoner?
 4

 a prisoner is a person who is under the custody of lawful authority.

 any person detained/confined in jail or prison for the commission of a criminal offense or convicted and
serving in a penal institution.
 a person committed to jail or prison by a competent authority for any of the following reasons: to serve
sentence after conviction, trial or investigation.

Classification- refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.

General Classification of Prisoners

 Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under the jurisdiction of
courts.

 Sentenced Prisoners
offenders who are committed to jail or prison in order to serve their sentence after final conviction by a
competent court. They are prisoners under the jurisdiction of penal institutions.

 Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the community against their harmful
behavior.

Types of Sentence Prisoners:

 National prisoners. Those whose sentence is more than three years and are sent to the Bureau of
Correction (BUCOR).
 Provincial Prisoners. Those who sentences of six months up to three years are sent to the provincial
jails.

 Municipal prisoners. Those whose sentence is up to six months and is sent to the municipal jail.

 City Prisoner. Those who are sentenced by City Courts to a maximum of three years will be sent to
serve their sentence in the city jail.

 Sentence Youth offender. Are sent to regional rehabilitation centers operated by the DSWD

Classification of Prisoners- there are 4 main classes of prisoners:

 Insular Prisoner- one who is sentenced to a prison term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment;
 Provincial Prisoner- one who is sentenced to a prison term of (6) months and one (1) day three years.
 City prisoner- one who is sentenced to a prison term of one (1) day to Three (3) years ; and
 Municipal Prisoner- one who is sentenced to a prison term of one (1) day to six (6) months.

Classification of Detainees- there are three (3) classes of detainees:

*Undergoing investigation;
*Awaiting or undergoing trial; and
*Awaiting final judgment

Non-Institutional Correction Agencies

 Parole and Probation Administration- There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which
shall exercise general supervision over all probationers (Sec 18, PD No. 968).

Board of Pardons and Parole

 Grant parole to qualified prisoners
 Recommend to the President the grant of pardon and other forms of executive clemency
 Authorized the transfer of residence of parolees and pardonees, order their arrest, and
 5

 Recommitment, or grant their final release and discharge

Department of Social Welfare and Development-The substantive/functional areas of the staff bureaus shall
be:
Bureau of Child and Youth Welfare tasked for the care and protection of abandoned, neglected, abused or
exploited children and youth, delinquent offenders, the disturb, street children, victims of prostitution and
others for their social adjustment and economic self-sufficiency (Sec. I l, Chapter 4, Title XVI, Book IV, Ibid).

Different Executive Clemency

WHAT IS EXECUTIVE CLEMENCY?

 It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybe granted by
the president upon recommendation of the Board.

Reprieve- refers to the deferment of the implementation of the sentenced for an interval of time; it does not
annul the sentence but merely postpone or suspends its execution.

Pardon- is a form of executive clemency granted by the President of the Philippines as a Privilege extended to
a convict as a discretionary act of grace.

 Absolute Pardon- It refers to the total extinction of criminal liability of the 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 offenses of which he is convicted.

 Conditional Pardon- if delivered and accepted, it is a contract between the executive and the convict
that the former will release the latter upon compliance with the condition.

WHO MAY FILE A PETITION FOR CONDITIONAL PARDON?

-A prisoner who has served at least one-half (1/2) of the maximum of the original indeterminate and/or definite
prison term.

WHO MAY GRANT COMMUTATION OF SENTENCE AND PARDON?

-The President of the Philippines.

WHO MAY FILE A PETITION FOR ABSOLUTE PARDON? Ø 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.
IS A PRISONER WHO IS RELEASED ON PAROLE OR CONDITIONAL PARDON WITH PAROLE
CONDITIONS PLACED UNDER SUPERVISION? Yes, the prisoner is placed under the supervision of a
Probation and Parole Officer.
Commutation of sentence
Commutation- refers to the reduction of the duration of prison sentenced of a prisoner.

WHO MAY FILE A PETITION FOR COMMUTATION OF SENTENCE?

-The Board may review the petition of a prisoner for commutation of sentence if the following minimum
requirements are met:
 At least one-third (1/3) of the definite or aggregate prison terms;
 At least one half (1/2) of the minimum of indeterminate or aggregate minimum of the indeterminate
prison terms;
 At least ten (10) years for inmates sentenced to one (1) Reclusion Perpetua or one (1) life imprisonment,
for crimes/offenses not punishable under Republic Act No. 7659 and other special laws.
 At least thirteen (13) years, for inmates whose indeterminate and/or definite prison term were adjusted
to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the
Revised Penal Code, as amended;
 At least fifteen (15) years for inmates convicted of heinous crimes as defined in Republic Act No. 7659
committed on or after January 1, 1994 and sentenced to one (1) Reclusion Perpetua or one (1) life
imprisonment;
 At least eighteen (18) years for inmates sentenced to Reclusion Perpetua or life imprisonment for
violation of RA 6495, as amended, otherwise known as “The Dangerous Drugs Act of 1972”, or RA
 6

9165, known as “The Comprehensive Dangerous Drugs Act of 2002”, and for kidnapping for ransom,
or violation of the laws on terrorism, plunder, and transnational crimes;
 At least twenty (20) years, for inmates sentenced to two (2) or more Reclusion Perpetua or life
imprisonment even if their 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, as amended;

Probation- is a disposition under which an accused, after conviction and sentence is released subject to
conditions imposed by the court and the supervision of a probation officer.

Amnesty- is a general pardon extended to a certain class of people who are usually political
offenders.

Pardon Amnesty

Issued by the President Concurrence of congress and the courts

Granted after final sentence Granted before or after conviction by
the courts.

Parole- is a conditional release of an offender from a penal/ correctional institution after he has served the
minimum period of his prison sentence under the continued custody of the State and under conditions that
permit his re- incarceration if he violates a condition for his release.

WHO CANNOT BE GRANTED PAROLE?

 Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or
to a prison sentence without a minimum term of imprisonment.

WHO MAY GRANT PAROLE TO A PRISONER?

 The Board of Pardons and Parole, an agency under the Office of the Secretary of Justice.

WHEN MAY A PRISONER BE GRANTED PAROLE?

 Whenever the Board of Pardons and Parole finds that there is a reasonable probability that, if released,
the prisoner will be law-abiding and that the release will not be incompatible with the interest and
welfare of society.

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE?

 The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of
the maximum period of his sentence.