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Non-Institutional Corrections

non institutional corrections
Non-Institutional Corrections




Non-Institutional Corrections







Board of Pardons and Parole - was created pursuant to Act No. 4103,
as amended. It is the intent of the law to uplift and redeem valuable
human material to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty.

      Functions
      1. To grant parole to qualified prisoners;
      2. To recommend to the President the grant of pardon and other
         forms of executive clemency;
      3. To authorize the transfer of residence of parolees and
         pardonees, order their arrest and recommitment, or grant
         their final release and discharge.

      Basis for Grant of Parole
      1. The prisoner is fit to be released;
      2. There is a reasonable probability that, if released, he
         or she will live and remain at liberty without violating
         the law; and
      3. His or her release will not be incompatible with the
          welfare of society.

      How May Executive Clemency Be Exercised?
      1. Reprieve
      2. Absolute pardon
      3. Conditional pardon
      4. Commutation of sentence.

      Commutation – refers to the reduction of the duration of a
      prison sentence of a prisoner.

      Commutation Allowed When:
      1. person is over 70 years old
      2. 8 justices fail to reach a decision affirming the
         death penalty

      Absolute Pardon - An act of grace, proceeding from the power
      entrusted with the execution of the laws, Exempts the individual
      from the penalty of the crime he has committed.

      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.
            Example of a condition:
            Not to violate any of the penal laws of the country again.

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

      Basis for Grant of Executive Clemency
      The BPP recommends to the President the grant of executive
      clemency when any of the following circumstances are present:
      1. The trial or appellate court recommended in its decision
         the grant of executive clemency for the prisoner
      2. Under the peculiar circumstances of the case, the penalty
         imposed is too harsh compared to the  crime committed
      3. Offender qualifies as a youth offender at the time of the
         commission of the offence
      4. Prisoner is seventy years old and above;
      5. Prisoner is terminally-ill;
      6. Alien prisoners where diplomatic considerations and amity
         among nations necessitate review and
      7. Other similar or analogous circumstances whenever the
         interest of justice will be served thereby

      When Applications for Executive Clemency will not be
      Favourably Acted Upon by The Board of Pardon and Parole
      1. Convicted of evasion of service of sentence;
      2. Who violated the conditions of their conditional pardon;
      3. Who are habitual delinquents or recidivists;
      4. Convicted of kidnapping for ransom;
      5. Convicted of violation of the Dangerous Drugs Act of 1972
         and the Comprehensive Dangerous Drugs Act of 2002;
      6. Convicted of offences committed under the influence of drugs
      7. Whose release from prison may constitute a danger to society.

      Issues Confronting The Philippine Corrections System
      1. Overcrowding of Certain Prison Institutions/Jails
      2. Fragmented Set-Up of the Corrections System
      3. Lack of Information Technology Systems and Expertise
      4. Lack of/Inadequate Training - lack of awareness and
         understanding by some prison/jail officials and staff on
         the rights of inmates.

      Petitions for parole shall be addressed to the Chairman or to
      the Executive Director of the Board. However, the Board may,
      motu proprio , consider cases for parole, commutation of
      sentence or conditional pardon of deserving prisoners whenever
      the interest of justice will be served thereby.

      Minimum Requirements A Prisoner Must Meet Before Petitions for
      executive clemency may be reviewed.
   
          For Commutation of Sentence
          1. The prisoner shall have served at least one-third (1/3)
             of the minimum of his indeterminate and/or definite
             sentence or the aggregate minimum of his indeterminate
             and/or definite sentences.
          2. At least ten (10) years for prisoners sentenced to
             Reclusion Perpetua or Life imprisonment for crimes or
             offenses committed before January 1, 1994.
          3. At least twelve (12) years for prisoners whose 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.
          4. At least fifteen (15) years for prisoners convicted of
             heinous crimes as defined in Republic Act No. 7659 and
             other special laws committed on or after January 1, 1994
             and sentenced to one or more Reclusion Perpetua or Life
             imprisonment.
          5. At least twenty (20) years in case of one (1) or more
             Death penalty/penalties, which was/were automatically
             reduced or commuted to one (1) or more Reclusion Perpetua
             or Life imprisonment.

           For Conditional Pardon
           The prisoner shall have served at least one-half (1/2) of
           the minimum of his original indeterminate and/or definite
           sentence. However, in the case of a prisoner who is convicted
           of a heinous crime as defined in Republic Act No. 7659 and
           other special laws, he shall have served at least one-half
           (1/2) of the maximum of his original indeterminate sentence
           before his case may be reviewed for conditional pardon.

          For Absolute Pardon
          After he has served his maximum sentence or granted final
          release and discharge or court termination of probation.
          However, the Board may consider a petition for absolute
          pardon even before the grant of final release and discharge
          under the provisions of Section 6 of Act No. 4103, as amended,
          as when the petitioner: (1) is seeking an appointive/elective
          public position or reinstatement in the government service;
          (2) needs medical treatment abroad which is not available
          locally; (3) will take any government examination; or
          (4) is emigrating.

         Prisoners who escaped or evaded service of sentence are not
         eligible for executive clemency for a period of one (1) year
         from the date of their last recommitment to prison or
         conviction for evasion of service of sentence.

Bureau of Correction - Where the penalty imposed exceeds three years,
the offender shall serve his or her sentence in the penal institutions
of the BuCor.

Carpeta - refers to the institutional record of an inmate which
consists of his mittimus or commitment order issued by the Court after
conviction, the prosecutor's information and the decisions of the
trial court and the appellate court, if any; certificate of non-appeal,
certificate of detention and other pertinent documents of the case.
District Jail - is a cluster of small jails, each having a monthly
average population of ten or less inmates, and is located in the
vicinity of the court.

      Jail - is defined as a place of confinement for inmates under
      investigation or undergoing trial, or serving short-term
      sentences.
           - Jails include provincial, district, city and municipal
             jails managed and supervised by the Provincial Government
             and the Bureau of Jail Management and Penology (BJMP),
             respectively, which are both under the Department of the
             Interior and Local Government.

      Municipal and city prisoners are committed to municipal, city
      or district jails managed by the BJMP.

      Prison -  refers to the national prisons or penitentiaries
      managed and supervised by the Bureau of Corrections, an agency
      under the Department of Justice.
             - prison refers to the national prisons or penitentiaries
               managed and supervised by the Bureau of Corrections,
               an agency under the Department of Justice.

      Provincial Jail - Where the imposable penalty for the crime
      committed is more than six months and the same was committed
      within the municipality, the offender must serve his or her
      sentence in the provincial jail which is under the Office of
      the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional
Pardon with or without Parole Conditions and Commutation of Sentence
as may be granted by the President of the Philippines.

Indeterminate Sentence Law

     The indeterminate sentence is composed of:
     1. a MAXIMUM taken from the penalty imposable under the penal code
     2. a MINIMUM taken from the penalty next lower to that fixed in the code.

     The law does not apply to certain offenders:
     1. Persons convicted of offense punished with death penalty or
        life imprisonment.
     2. Those convicted of treason, conspiracy or proposal to commit
        treason.
     3. Those convicted of misprision of treason, rebellion, sedition
        or espionage.
     4. Those convicted of piracy.
     5. Those who are habitual delinquents.
     6. Those who shall have escaped from confinement or evaded sentence.
     7. Those who violated the terms of conditional pardon granted to
        them by the Chief Executive.
     8. Those whose maximum term of imprisonment does not exceed one year.
     9. Those who, upon the approval of the law, had been sentenced
        by final judgment.
     10. Those sentenced to the penalty of destierro or suspension.

     Purpose of the law: to uplift and redeem valuable human material
     and prevent unnecessary and excessive deprivation of liberty
     and economic usefulness

          - It is necessary to consider the criminal first as an
            individual, and second as a member of the society.

          - The law is intended to favor the defendant, particularly
            to shorten his term of imprisonment, depending upon his
            behavior and his physical, mental and moral record as a
            prisoner, to be determined by the Board of Indeterminate
            Sentence.

     The settled practice is to give the accused the benefit of the
     law even in crimes punishable with death or life imprisonment
     provided the resulting penalty, after considering the attending
     circumstances, is reclusion temporal or less.

     ISL does not apply to destierro. ISL is expressly granted to
     those who are sentenced to imprisonment exceeding 1 year.

     Procedure For Determining The Maximum and Minimum Sentence

          - It consists of a maximum and a minimum instead of a single
            fixed penalty.

          - Prisoner must serve the minimum before he is eligible
            for parole.

          - The period between the minimum and maximum is indeterminate
            in the sense that the prisoner may be exempted from serving
            said indeterminate period in whole or in part.

          - The maximum is determined in any case punishable under the
            RPC in accordance with the rules and provisions of said
            code exactly as if the ISL had never been enacted.

          - Apply first the effect of privileged mitigating
            circumstances then consider the effects of aggravating and
            ordinary mitigating circumstances.

          - The minimum depends upon the court’s discretion with the
            limitation that it must be within the range of the penalty
            next lower in degree to that prescribed by the Code for the
            offense committed.

          - NOTE: A minor who escaped from confinement in the reformatory
            is entitled to the benefits of the ISL because his confinement
            is not considered imprisonment.

Parole – The suspension of the sentence of the convict after serving
the minimum term of the intermediate penalty, without being granted a
pardon, prescribing the terms upon which the sentence shall be suspended.
       - May be given after the prisoner has served the minimum
         penalty; is granted by the Board of Pardons and Parole under the
         provisions of the Indeterminate Sentence Law.

      Disqualification for Parole - The following prisoners shall
      not be granted parole:

      1. Those convicted of an offense punished with Death penalty,
         Reclusion Perpetua or Life imprisonment;
      2. Those convicted of treason, conspiracy or proposal to commit
         treason or espionage;
      3. Those convicted of misprision of treason, rebellion, sedition
         or coup d'etat;
      4. Those convicted of piracy or mutiny on the high seas or
         Philippine waters;
      5. 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;
      6. Those who escaped from confinement or evaded sentence;
      7. Those who were granted Conditional Pardon and violated any
         of the terms thereof;
      8. Those whose maximum term of imprisonment does not exceed one
         (1) year or those with definite sentence;
      9. Those suffering from any mental disorder as certified by a
         government psychiatrist/psychologist;
      10.Those whose conviction is on appeal;
      11.Those who have pending criminal case/s.

      Special Factors - The Board may give special consideration to
      the recommendation for commutation of sentence or conditional
      pardon whenever any of the following circumstances are present
      1. Youthful offenders;
      2. Prisoners who are sixty (60) years old and above;
      3. Physical disability such as when the prisoner is bedridden,
         a deaf mute, a leper, a cripple or is blind or similar
         disabilities;
      4. Serious illness and other life-threatening disease as
         certified by a government physician;
      5. Those prisoners recommended for the grant of executive clemency
         by the trial/appellate court as stated in the decision;
      6. Alien prisoners where diplomatic considerations and amity
         between nations necessitate review;
      7. Circumstances which show that his continued imprisonment will
         be inhuman or will pose a grave danger to the life of the
         prisoner or his co-inmates; and,
      8. Such other similar or analogous circumstances whenever the
         interest of justice will be served thereby.

Prison Record - refers to information concerning an inmate's personal
circumstances, the offense he committed, the sentence imposed, the
criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for
confinement, the place of confinement, the date of expiration of
the sentence, the number of previous convictions, if any, and his
behavior or conduct while in prison.

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

      Progress Report - refers to the report submitted by the
      Probation and Parole Officer on the conduct of the
      parolee/pardonee while under supervision.

      Infraction Report -  refers to the report submitted by the
      Probation and Parole Officer on violations committed by a
      parolee/pardonee of the conditions of his release on parole or
      conditional pardon while under supervision.

      Summary Report - refers to the final report submitted by the
      Probation and Parole Officer on his supervision of a
      parolee/pardonee as basis for the latter's final release
      and discharge.

Sentence - in law, is the penalty imposed by the court in a criminal
case against a person, known as the “accused”, who is found guilty of
committing the crime charged.

Youth Offender - is defined as a child, minor or youth who is over
nine years but under eighteen years of age at the time of the
commission of the offense.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

2 comments to '' Non-Institutional Corrections "

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  1. Is this a reviewer for a Philipines Criminology Board exam?

    ReplyDelete
  2. Yes. It is a supplementary review material for those who will be taking the criminology board examination.

    ReplyDelete

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