Correctional

administration
Non-Institutional Correction
NON – INSTITUTIONAL CORRECTION
Also known as Community Based
Approach to Correction. Deals on how to
reform and rehabilitate convicted
offenders outside the Prison. Not all
convicted offenders have to serve their
sentence behind bars. Some are
allowed to stay in the community,
subject to the condition imposed by the
government. It is also a way to
decongest the prison.
 ADVANTAGE OF COMMUNITY
BASED CORRECTION

1.The convict can still

continue to support his
family.

2. Avoid exposure to
hardened criminal.
 ADVANTAGE OF COMMUNITY
BASED CORRECTION
3. The government spends
much less when the offender
is released on probation than
if he is in prison.
4. Lessen overcrowding in
prison.
5. The offender and his family
are spared the
embarrassment and dishonor
 FORMS OF COMMUNITY
BASED PROGRAM
1.PROBATION
2.PAROLE
3.CONDITIONAL PARDON
First probation Law was
passed in Massachusetts in
1878, authorizing Mayor of
Boston to appoint a probation
officer for Suffolk Country. In
1891, probation was practice
state wide in Massachusetts
when another law was passed
making it mandatory for all
judges of lower courts to
appoint probation officers.
The first volunteer probation
officer was a shoemaker John
Augustus, who in 1841 secured
the release of a drunkard at
Boston court by acting as
surety. The offender turned to
a “sober, industrious citizen”
under his care.
In short…. JOHN AUGUSTUS IS
THE FATHER OF PROBATION
being the first PROBATION
OFFICER.
Who is the father of
Probation in
ENGLAND?

Ans. MATHEW DAVENPORT

HILL
THE PROBATION LAW IN THE
PHILIPPINES.
Probation was first introduced in the
Philippines during the American colonial
period (1898-1945) with the enactment
of Act No. 4221 of the Philippine
Legislature on 7 August 1935. This law
created a Probation Office under the
Department of Justice. On November 16,
1937, after barely two years of existence,
the Supreme Court of the Philippines
declared the Probation Law
unconstitutional because of some defects
in the law’s procedural framework.
THE FIRST PROBATION LAW IN
THE PHILLIPINES.

Act No. 4221 – Probation

Law of
1935.
Act No. 4221 – Probation Law of
1935.

Supreme Court of the Philippines

declared the Probation Law of 1935
unconstitutional because it
denies equal protection of Law.
On 24 July 1976, Presidential
Decree No. 968, also known as
Probation Law of 1976, was
signed into Law by the President
of the Philippines. Ferdinand
Emmanuel Edralin Marcos.
PD 968 – PROBATION LAW OF
1976.
Cong. Teodulo C. Natividad
authored the Adult Probation
Law, thus, he was considered
as the father of probation in
the Philippines.
PROBATION is a term derived
from the Latin word ”Probare”,
meaning “to prove”. As the
terms Latin etymology states ,
probation involves the testing
of an offender and his proving
that he is worth of his
freedom.
PROBATION is procedure
wherein a sentence of offender
is temporarily suspended and
he is permitted to remain in the
community, subject to the
control of the court and under
the supervision and guidance of
a probation officer. It is a
privilege granted of the court to
a person convicted of a crime or
criminal offense to remain with
the community instead of
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 waver of the right to
appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying
probation shall not be appealable.
IMPORTANT TERMS IN
PROBATION
PROBATION
-It is a disposition whereby a
defendant , after conviction of an
offense, the penalty of which does
not exceed 6 years imprisonment,
is released subject to the
conditions imposed by the
releasing court and under the
supervision of a probation officer.
PROBATIONER
means a person placed on
probation.
PROBATION OFFICER
means one who investigates
for the court a referral for
probation or supervises a
probationer or both.
POST SENTENCE
INVESTIGATION
An investigation conducted by
the probation officer used by
the court to determine the best
interest of the public as well as
that the defendant will be
served thereby.
POST SENTENCE INVESTIGATION
No person shall be placed on
probation except upon prior
investigation by the probation
officer and a determination by the
court that the ends of justice and
the best interest of the public as
well as that of the defendant will be
served thereby.
POST SENTENCE INVESTIGATION
The probation officer shall submit to
the court the Post Sentence
Investigation report on a defendant
Not later than sixty days from receipt
of the order of said court to conduct
the investigation. The court shall
resolve the petition for probation
not later than fifteen days after
receipt of said report.
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:
1. the offender is in need of
correctional treatment that can be
provided most effectively by his
commitment to an institution;
2. there is undue risk that during the
period of probation the offender will
commit another crime;
3. probation will depreciate the
seriousness of the offense
committed.
DISQUALIFIED OFFENDERS
FOR PROBATION.

1. sentenced to serve a
maximum term of
imprisonment of more than
six years;
DISQUALIFIED OFFENDERS
FOR PROBATION.

2. Convicted of any offense

against the security of the
State;
DISQUALIFIED OFFENDERS FOR
PROBATION.

3. who have previously been

convicted by final judgment of an
offense punished by imprisonment
of not less than one month and
one day and/or a fine of not less
than Two Hundred Pesos;
DISQUALIFIED OFFENDERS
FOR PROBATION.

4. who have been once on

probation under the
provisions of this Decree; and
DISQUALIFIED OFFENDERS
FOR PROBATION.

5. who are already serving

sentence at the time the
substantive provisions of this
Decree became applicable
pursuant to Section 33 hereof.
1976.
Conditions of Probation. 
Every probation order
issued by the court shall
contain conditions
requiring the probationer .
CONDITION OF PROBATION
  - 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;
CONDITION OF PROBATION
- report to the probation
officer at least once a month
at such time and place as
specified by said officer.
CONDITION OF PROBATION
- devote himself to a
specific employment and not
to change said employment
without the prior written
approval of the probation
officer;
CONDITION OF PROBATION
- refrain from visiting houses of
ill-repute;
CONDITION OF PROBATION
- abstain from drinking
intoxicating beverages to excess;
CONDITION OF PROBATION
- permit to probation officer or
an authorized social worker to
visit his home and place or work;
CONDITION OF PROBATION
- reside at premises approved
by it and not to change his
residence without its prior written
approval;
PERIOD OF PROBATION
When the sentence imposes a fine
only and the offender is made to
serve subsidiary imprisonment in
case of insolvency, the period of
probation shall not be less than nor
to be more than twice the total
number of days of subsidiary
imprisonment as computed at the
rate established.
SUBSIDIARY IMPRISONMENT
- imprisonment to be
suffered by the convict who
cannot pay his/her fine or has
no property with which to
meet the fine at the rate of
one day for each eight pesos.
PAROLE
PAROLE ( Act. No 4103 )
- A decision by an authority
constituted accordingly by statute to
determine the portion of the sentence,
which the inmate can complete outside
of the institution. It is the status of
serving the remainder of the sentence
of a convict in the community in
accordance with the rules and
regulations set-up by the Board of
Parole.
- Administrative function.
PAROLE
The release of prisoners before
the expiration of his maximum
sentence. “a method of
selectively releasing an
offender from an institution
after the prisoner served the
minimum sentence of
imprisonment imposed by law.
Ex. Prision Mayor – 6 yrs. & 1
day to 12yrs.

Minimu Medium Maximum

m
6 yrs. & 8 yrs. & 10 yrs. &
1 day to 1 day 1 day to
8 yrs. to 10 12 yrs.
yrs.
 TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND
THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties Time Time Time Time

included in the
  penalty in its minimum period medium period maximum
entirety
12 years and 1 day 14 years, 8 months
From 12 years and 1 17 years, 4 months
to and
Reclusion temporal day and 1 day to 20
14 years and 8 1 day to 17 years
to 20 years. years.
months. and 4 months.

Prision mayor,
absolute
6 years and 1 day 6 years and 1 day 8 years and 1 day 10 years and 1 day
disqualification and
to 12 years. to 8 years. to 10 years. to 12 years.
special temporary
disqualification

2 years, 4 months
Prision correccional, 6 months and 1 day and 4 years, 2 months
6 months and 1 day
suspension and to 2 years and 4 1 day to 4 years and
to 6 years.
destierro months. and 1 day to 6 years.
2 months.

From 1 month and From 2 months and From 4 months and

Arresto mayor From 1 to 2 months.
1 day to 6 months. 1 day to 4 months. 1 day to 6 months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
The minimum period of
imprisonment of 6 years?

Ans. 6 months and 1 day to 2

years & 4 mos.
DISQUALIFIED FOR PAROLE

Those convicted of offenses

punished with death penalty
or life-imprisonment;
DISQUALIFIED FOR PAROLE
those convicted of treason,
conspiracy or proposal to
commit treason; to those
convicted of misprision of
treason, rebellion, sedition or
espionage;
DISQUALIFIED FOR PAROLE

to those convicted of piracy;

to those who are habitual
delinquents
HABITUAL DELINQUENTS
Within a period of 10 years
from the date of his last
release or conviction of a
crime is found guilty for the
third time or more. Ex.
Serious or less serious
physical injury.
RECIDIVIST
One who at the time of his
trial for one crime, shall have
been convicted by final
judgment of another crime
embraced in the same title of
the RPC.
DISQUALIFIED FOR PAROLE

to those who have escaped

from confinement or
evaded sentence
DISQUALIFIED FOR PAROLE

to those who having been

granted conditional pardon by
the Chief Executive shall have
violated the terms thereof
DISQUALIFIED FOR PAROLE

to those whose maximum

term of imprisonment does
not exceed one year.
DISQUALIFIED FOR PAROLE

Those suffering from mental

disorder as certified by
government psychiatrist.
DISQUALIFIED FOR PAROLE

Those whose conviction is on

appeal or has not yet became
final.
DISTINCTION OF PAROLE AND
PROBATION
PAROLE PROBATION
Administrative function Judicial function exercise
exercise by the executive by the court.
branch of the gov’t.
Granted to a prisoner Granted to a convict
only after he has served immediately after
minimum of his sentence. conviction.
Extension of Institutional Substitute for
correction. imprisonment
parolee probationer
Supervised by parole Supervised by probation
officer officer
PARDON
Pardon
is a form of executive clemency granted
by the President of the Philippines as a
privilege extended to convict as a
discretionary act of grace. Neither the
legislative nor the judiciary branch of
the government has the power to set
conditions or establish procedures for
the exercise of this Presidential
prerogative. It is highly political in
nature and is usually granted in
response to popular clamour or to aid in
the return to normalcy of a political
situation that might affect the country if
not addressed.
Pardon
An act of grace extended to
prisoners as a matter of right,
vested to the chief executive
as a matter of power.
2 KINDS OF
PARDON
ABSOLUTE PARDON
refers to the total extinction of the
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 offense of which
he was convicted.
CONDITIONAL PARDON
refers to the exemption of an individual,
within certain limits or conditions; from
the punishment that the law inflicts for
the offense he has committed resulting
in the partial extinction of his criminal
liability. It is also granted by the
President of the Philippines to release
an inmate who has been reformed but is
not eligible to be released on parole.
NATURE OF CONDITIONAL PARDON
It is that of a contract or
agreement between the person
conditionally pardoned and the
state or government
authorities. Violations of the
terms of the pardon by the
pardonee will be a ground for
the re-arrest of the pardonee,
however, if he does not break
the terms of agreement, then
he will be free, as pardoned.
Limitation of the Pardoning Power
1. It may be granted after final
conviction
2. It may not be granted for
offenses in impeachment
3. It may not be granted for civil
contempt
4. No pardon, parole or suspension
of sentence for violations election
related offenses without the
recommendation of the
Commission of Elections
AMNESTY
Amnesty
Is a general pardon granted to
groups of law violators,
usually those who committed
political crimes, with the
concurrence of the law
making body.
Amnesty - A special form of
pardon exercised by the President
of the republic is amnesty.
Amnesty is a general pardon
extended to a certain class of
people who are usually political
offenders. While pardon is
likewise issued by the President
and is also political in nature, it is
an exclusive act of the President
where the courts and Congress
has no say whatsoever.
Nature of Amnesty
Amnesty is by general nature
a blanket pardon covering
persons or group of persons
who committed crimes
against the state, like
rebellion, sedition, etc., or
any political offense. It may
be granted after conviction,
during trial, or before trial,
but with concurrence of the
 DISTINCTION OF AMNESTY AND PARDON
AMNESTY PARDON
1. Application Generally to political Generally to ordinary
crimes and offenders crimes and offenders

2. Effect Obliterates the Relieves the offender

effects of conviction of the penalty but
as if the act was not the effects of
criminal conviction stay
3. Congress Concurrence Concurrence not
required required
4. When given Even before After final conviction
conviction
5. To whom given Usually to a class of To specific individual
person
COMMUTATIO
N
COMMUTATION OF SENTENCE
- The reduction of the duration
of a prison sentence. It is another
prerogative of the President. 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 sentence. Commutation
does not forgive the offender but
merely reduces the penalty of life
imprisonment or death sentence
REPREIVE
REPRIEVE
Like Pardon, Reprieve is also another
prerogative exercised by the President
of the Philippines. Generally, is
applied to death sentences already
affirmed by the Supreme Court. But is
can also be invoked in another cases
that have become final. It is the
temporary stay of the execution of a
sentence. In death sentences, the
date of execution of the death convict
is held in abeyance for a certain period
to enable the Chief to temporarily stay
execution of sentence.
R.A 7438
DEFINES THE RIGHTS OF AN
ACCUSED UNDER CUSTODIAL
INVESTIGATION.
R. A 6981
WITNESS PROTECTION
PROGRAM ACT
ACT NO. 3326
LAW ON PRESCRIPTION OF
PENALTY
R.A 6127 -Grant of full
time credit

P.D 85 - Preventive
Imprisonment

ACT NO. 3316 – Basis for

granting Good Conduct
Time Allowance