Republic of the Philippines

Laguna State Polytechnic University

Lopez, Satellite Campus
Lopez, Quezon

NON-INSTITUTIONAL
CORRECTION

Submitted by: Aristotle L. Arias

Submitted to: Sir Angelo Arandela
 CHAPTER I
INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM

I.THE PRESENT PHILIPPINE CORRECTIONAL SET-UP

Correction is the branch of the administration of CJS charged with the responsibility
for the custody, supervision and rehabilitation of convicted offenders. It is also define as
the STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as the
rehabilitation and reformation of criminals. Further, it is define as a GENERIC TERM that
includes all government agencies, facilities, programs, procedures, personnel, and
techniques concerned with the investigation, intake, custody, confinement, supervision,
or treatment of alleged offenders. There is the dual purpose of corrections to punish and
to rehabilitate the offender.

THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

           
1. Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of
criminal justice administration, it utilizes the body of knowledge and practices of the
government and the society in general involving the process of handling individuals who
have been convicted of offenses for purposes of crime prevention and control. Among the
five pillars of the criminal justice system, corrections is the least heard.  Jail
administration and control in our country is distributed to at least four agencies. 1 st he
BUREAU OF CONNECTIONS (BUCOR), under the DOJ which has supervision over the
national penitentiary and its penal farms. 2nd The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP) under the DILG which has the exclusive control over all city, municipal
and district Jails nationwide. The PROVINCIAL GOVERNMENTS, under DILG which
supervise and control their respective provincial and sub-provincial Jails. And the last The
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of,
among others, youthful offenders entered in detention centers for juveniles. The Parole
and Probation Administration (PPA) under the Department of Justice (DOJ) and the
Board of Pardons and Parole also under the Department of Justice are also under the
Correction.
 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.

DECONGESTION OF JAILS
Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail
congestion is WORLDWIDE. Some industrialized countries like the United States, experience it,
let me cite a few examples: Rikkers Island in New York is actually an island prison facility. It is
overcrowded. To cushion the effect of congestion, two floating dormitories were constructed
to confine offenders therein; in 1995 or four years ago. Director General Keith Hamburger of
the Queensland services commission of Australia reported that congestion is also a problem in
his country. In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship
international who had toured some of the jails in the National Capital Region (NCR) and the
New Bilibid Prisons of the Bureau of corrections in Municipal City observed and commented
that in the 41 countries of the world he had travel most have a problem on congestion. He
added that this problem is PREVALENT IN THIRD WORLD COUNTRIES.
In our country, jail congestion, particularly in big cities and municipalities, has been a
PERENNIAL PROBLEM ever since. This problem, to borrow a parallelism, is a sleeping giant.
Unfortunately, for jail administrators and personnel, the giant has taken up and is stretching its
enormous arms and legs. OPLAN DECONGESTION must be put in place to lay this giant back to
sleep.

OPLAN DECONGESTION was formalized through the execution of a memorandum of

agreement on February 12, 1993. Among the public attorney’s office, the parole and
probation administration, the Board of Pardons and Parole which are all under the
Department of Justice, and the Bureau of Jail Management and Penology which is under the
Department of the Interior and local government. The avowed PURPOSE of said agreement
(MOA) was jail decongestion through collective and cooperative efforts. Realizing that all
helps available must be harnessed to effectively combat overcrowding or congestion in jails, the
said memorandum of agreement was EXPANDED on August 17, 1993 with the inclusion of the
National Prosecution service or (NAPROS) as the fifth party.
LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

 Presidential Decree No. 603, known as the child and young welfare code, suspends
sentence of minor offenders whose ages range from nine (9) years to under eighteen
(18) years and place them in rehabilitation centers under the supervision of the
Department of Social Welfare and Development before they are released to the custody
of their parents or to any responsible person. 

 Batas Pambansa Bilang 85, authorizes the release of a detainee who has undergone
preventive imprisonment equivalent to the maximum imposable sentence for the
offense he is charged with’
 Article 96 of 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; and ARTICLE 97, which provides
that a prisoner shall be entitled to a deduction from his prison term for good conduct;
and

 DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local
jails to effect the immediate transfer of national prisoners to the Bureau of corrections.

 Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002) -1st
time minor offender (probation) for use 2 possession only. /deport

 Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

 Republic Act No. 6036, known as the release on recognizance law, provides for the
release of offenders charged with an offense whose penalty is not more than six (6)
months and/or a fine of Two Thousand pesos (2,000) or both, to the custody of a
responsible person in the community, instead of a bail bond;

 Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention
from the sentence imposed by the courts;

 Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to
look into the physical, mental and moral record of prisoners to determine who shall be
eligible for parole or conditional pardon.

 Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976.
Probation is, of course, a very important legal instrument that contributes to the
decongestion of Philippine jails.
 APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM
            The Philippine Correctional System has two approaches, and these are, the Community
based and institution-based systems.

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches has three levels and are manned by three different
government agencies responsible for the supervision and control of the numerous
institutional facilities nationwide which provide safekeeping and rehabilitation of inmates,
namely:
1. The national prison’s and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government; and
3. The City, Municipal and District Jails under the Department of Interior and Local
Government.
The Bureau of corrections, headed by a non-uniformed director, under the department
of Justice, supervises and controls the national prisons and penal farms.

2. Non-Institutional Correction or Community-Based Approach- It refers to correctional

activities that may take place within the community or the method of correcting
sentenced offenders without having to go to prison.
Not all convicted offenders have to serve their sentence behind bars. Some of them are
allowed to stay in the community, subject to the conditions imposed by the court. 
They are either granted probation, parole, conditional pardon, or recognizance. The
parole and probation Administration under the Department of Justice is the government
agency that supervises the activities of the probationer, parolee and pardon and monitors
his compliance with conditions imposed.

COMMUNITY-BASED CORRECTION PROGRAMS IN THE PHILIPPINES  

The Community-Based Treatment Programs are those programs that are intended to treat
criminal offenders within the free community as alternatives to confinement. It includes all
correctional activities directly addressed to the offender and aimed at helping him to become a
law-abiding citizen.  
Community-based correction programs began in the 1970s, 1980s, and 1990s. The
programs offer an alternative to incarceration within the prison system. Many criminologists
believed a significant number of offenders did not need incarceration in high security prison
cells. Some inmates, who might otherwise have been ready to turn away from a life of crime,
instead became like the hardened criminals they associated with in prison.
In response, states, counties, and cities established local prisons and programs that became
known as community-based corrections. These facilities, located in neighborhood allowed
offenders normal family relationships and friendships as well as rehabilitation services such as
counselling instruction in basic living skills, how to apply for jobs, and work training and
placement.
ADVANTAGES OF COMMUNITY-BASED CORRECTION 
1. Family members need not be victims also for the imprisonment of a member because
the convict can continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and
be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be eliminated
which is extremely beneficial on the part of the government. 
 
THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM

Community sentence seeks to repair the harm the offender has caused the victim or the
Community, provide for public safety and rehabilitate and promote effective reintegration.
A community correction has traditionally emphasized REHABILITATION as its goal. The staff
of community correctional programs has two potentially competing roles that reflect
different goals. Seeing that offenders comply with the orders of community sentences and
helping offenders identify and address their problems and needs.

BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED TREATMENT

PROGRAMS 

The following are the basic principles underlying the philosophy of community-based
treatment programs:

Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to custodial

coercion is to place him in physical jeopardy, thus drastically narrowing his access to sources of
personal satisfaction and reducing his self-esteem. Restorative Aspect - There 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. These measures may be directed at changing
and controlling the offender. The failure of the offender to achieve these can result to
recidivism.  Managerial Aspect - Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community program. It is
easier to manage those undergoing community-based treatment programs than that of
custodial control.