Bataan Heroes College

Correctional Administration 2
Non-Institutional Correction

Prepared by
JO1 Carlo C Rimas
Criminology Department
This module or any portion thereof may not be reproduced or used in any manner whatsoever
without the express written permission of the publisher except for educational purposes but with
a citation to this source.

For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City, Bataan,
Philippines

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JO1 Carlo C Rimas 2
Course Information
Course Title: Correctional Administration 2 – Non-Institutional Corrections
Program: Criminology
Course Code: CA 1
Credit Units: 3 units
Pre-requisite/s: Correctional Administration 1 - Institutional Corrections

Instructor Information
Name: Carlo C Rimas
Contact Information
a. Number: 0933-580-2709
b. Facebook Page: https://www.facebook.com/carlo.rimas.1
c. Email: [email protected]

Course Purpose and Description

The course will primarily focus on the different forms, types or kinds of Non-Institutional
Correction/Community Based Corrections/Non-Confinement Corrections. It includes the
different methods, forms, type or kinds of clemency. The processes of the grant, revocation,
cancellation, or disqualification of the party concerned as provided in the law, rules, guidelines
or manual.

Intended Learning Outcomes

Upon completion of this course, the students should be able to:
1. Know and understand the Criminal Justice System and the Non-Institutional
Corrections;
2. Appreciate and value the Advantages for Government and Correction or Community
Based Treatment;
3. Know the Extinction of Criminal Liability including the granting of Good Conduct
and Time Allowance and the Executive Clemencies;

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 4. Know and analyze the discussion on relevant provisions of Omnibus Rules on
Probation (PD 968) and Act no. 4103 or Indeterminate Sentence Law.
5. Understand the procedure, conditions and issuance of release or discharge order.

Course Schedule
Weeks Modul Module Intended
e No. Learning
Outcomes
1st and 1 I. Criminal Justice System and the Non-Institutional 1-2
2nd Corrections.
II. Advantages for Government
III. Advantages of Correction or Community Based
Corrections or Non-Confinement Corrections
versus Institutional or Confinement Corrections.
IV. Notable Personalities who contributed to
development of Non-Institutional Corrections
V. Important Definition of Terms
3rd and 2 I. Modification and Extinction of Criminal Liability 3
4th II. Social and Political Justifications for early
discharge or early release of PDLs via Amnesty,
Absolute Pardon, Conditional Pardon, Parole,
Commutation of Sentence, Allowance for Good
Conduct, and Probation.
III. Types of Clemency:
1. Executive Clemency –Pardon, Absolute or
Conditional, Commutation of Sentence, and
Reprieve
2. Judicial Clemency – Probation;
3. Legislative Clemency - Decriminalizing certain
acts, Repealed Penal/Criminal Laws;
4. Special Clemency (Executive-Legislative) –

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 Amnesty.

5th and 3 I. Discussion on ACT no. 4103 or Indeterminate 3-4

6th Sentence Law
II. Processes, Petition or Application and the Grant of
Pardon Absolute or Conditional, Parole, and
Probation as provided in their respective Laws, IRR,
Guidelines, Rules, and Manual of procedure.

7th and 4 I. Discussion on relevant provisions of Omnibus 5

8th Rules on Probation Law (PD 968)
II. The processes of monitoring, supervision,
reporting, denial, disqualification, cancellation,
suspension, revocation, early discharge, legal
sanctions for violating conditions, and issuance of
release/discharge order.
9th 5 Brief Discussion on Republic Act no. 10592 (GCTA Law) 5
and 2019 Revised Implementing Rules and Regulations of
RA 10592
FINAL ASSESSMENT

Module 1: Non-Institutional Correction

LEARNING OBJECTIVES
After studying this module, the students should be able to;
1. Know and understand the Criminal Justice System and the Non-Institutional
Corrections;
2. Appreciate and value the Advantages for Government and Correction or Community
Based Treatment;

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 3. Notable Personalities who contributed to development of Non-Institutional
Corrections;
4. Understand the different definition of terms.
1.1 NON-INSTITUTIONAL CORRECTIONS/REHABILITATION OR
COMMUNITY-BASED TREATMENT PROGRAM
- It refers to that method of correcting sentenced offenders without having to go to
prison/jail.
- It is intended to treat criminal offenders within the free community as alternatives to
confinement.
- It also includes all correctional activities directly addressed to the offender and aimed at
helping him to become a law-abiding citizen.
- Refers to the use of variety of officially ordered program based sanctions that permit
convicted offender to remain in the community under supervision as an alternative to
active imprisonment.
1.2 HISTORY

 On August 7, 1935, the 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 November 16, 1937, the Supreme Court of the Philippines declared the Probation
Law unconstitutional because of some defects in the law’s procedural framework
 In the year 1972, the House Bill no 393 was filed in Congress, which would establish a
probation system in the Philippines. Became pending in the Senate when Martial Law
was declared and Congress was abolished.
 In 1975 – The National Police Commission Interdisciplinary drafted a Probation Law.
After 18 technical hearings over a period of six (6) months, the draft decree was
presented to a selected group of 369 jurists, penologists, civic leaders and social and
behavioural scientists and practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country.

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1.3 ADVANTAGES FOR GOVERNMENT

 Offenders’ family need not suffer since the offender will not be separated from them and
he will be able to go on with his life and livelihood thereby enabling him to support his
family.
 Community will also be involved so that crime becomes less hard to control.

1.4 ADVANTAGES OF COMMUNITY BASED CORRECTION

 Not all convicted offenders have to serve their sentence behind bars. Some are allowed to
stay in the community, subject to conditions imposed by the government. They are either
granted Probation, Parole, Conditional Pardon or Recognizance.
 Family member need not be victims also for the imprisonment of a member because the
convict can still continue to support his family, not to be far away from his children;
 Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prison who will only influence him to a life of a criminal;
 Rehabilitation can be monitored by the community thus corrections can be made and be
more effective; and
 Cost of incarceration will be eliminated.

1.5 NOTABLE PERSONALITIES

a) Capt. Alexander Maconochie (Father of Parole) - The Superintendent of a penal colony

at Norfolk Island in Australia who introduced a progressive humane system to substitute
for corporal punishment. When a prisoner earned a required number of marks, he was
given ticket of leave, which is the equivalent of parole. The first thing that Maconochie
did was to eliminate the Flat Sentence, a system that had allowed no hope of release until
the full time had been served. Then he developed a Mark System whereby a convict
could earn freedom by hard work and good behavior. This put the burden of release on

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 the convict. As Maconochie said, “when a man keeps the key of his own prison, he is
soon persuaded to fit it into the lock.”
b) Elam Lynds - Warden of the Auburn and later of Sing Sing (which he built), was one of
the most influential persons in the development of early prison discipline in America. He
is described as having been a strict disciplinarian who believes that all convicts were
cowards who could not be reformed until their spirit was broken. To this end, he devised
a system of brutal punishments and degrading procedures, many of which remained as
accepted practice until very recent times
c) Ellen Cheney Johnson - American prison reformer, founded the New England Women’s
Auxiliary Association to the United States Sanitary Commision, worked with homeless
and vagrant women after the Civil War through the Dehham Asylum for Discharged
Female Prisoners, and served as superintendent of the Massachusetts Reformatory Prison
for Women at Framingham.
d) Frederick-Auguste Demetz - He was famous for the establishment of agricultural
colony for delinquent boys in France in 1839. The boys were housed in cottages with
house fathers as in charge. The system was based on reeducation rather than force. When
discharge the boys were place under the supervision of a patron.
e) J. Edgar Hoover - First director of Federal Bureau of Investigation.

f) Jean Jacques Villian - Father of Penitentiary Science.

g) John Augustus - Boston boot maker who is called the “Father of Probation” in the
United States because of his pioneering efforts to campaign for more lenient sentences
for convicted criminals based on their backgrounds. In 1841, Augustus approached the
Boston, Massachusetts police court and persuaded them to let a ‘common drunkard’ be
left in his care instead of going to prison. The conditions were that a fine needed to be
paid and the offender must return before the court in three weeks. After three weeks of
being in Augustus’ care, in which Augustus found him a job and made him sign a pledge
to stop drinking, the offender and Augustus returned to astonish the court. The offender
was completely sober and his appearance demeanor had drastically improved. The court
allowed Augustus to take more and more offenders into his custody.

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h) Olin Guy Blackwell – He was the fourth and final warden of Alcatraz Federal
Penitentiary, which was situated on Alcatraz Island, California, US.
i) Sanford Bates - He was the first Director of Federal Bureau of Prisons.

j) Sir Evelyn Ruggles Brise - He was a Director of English Prisons and after visiting
Elmira in 1897, he established the Borstal Institution near Rochedi, in Kent. The Borstal
Institution of England became the earliest best reform institution for young offenders.

k) Sir Walter Crofton - Chairman of the Director of Irish prisons. In 1856, Crofton
introduced the “Irish System”, later on called the progressive stage system.
l) Zebulon R. Brockway - In 1876, the New York State Reformatory at Elmira was
established with Brockway as Superintendent. Brockway introduced in Elmira a new
institutional program for boys from 16 to 30 years of age.

1.6 Simple Recall/Definition of Terms

a) Absconding Petitioner - Person whose application has given due course by the court but
fails to report to the probation officer of his location cannot be located.

b) Absconding Probationer - Person whose probation is granted but failed to report for
supervision within the period order by the court of his location is unknown.

c) Absolute Pardon - Refers to the total extinction of the criminal liability of the individual
to whom it is granted without any condition. It restores to the individual his civil and
political rights and remits the penalty imposed for the particular offense of which he was
convicted.

d) Amnesty - It is an act of the sovereign power granting oblivion or a general pardon for a
past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually
exerted in behalf of certain classes of persons, who are subject to trial but have not yet
been convicted (Brown vs. Walker, 161 US 602).

e) Benefit of the Clergy - Church people are exempted from governmental punishment but
are prosecuted in accordance with the laws of the church.

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f) 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.

g) Client - Refers to a parolee/pardonee who is placed under supervision of a Probation and

Parole Officer.

h) Commutation of Sentence - Refers to the reduction of the duration of prison sentence of

a prisoner.

i) Conditional Pardon - Refers to the exemption of an individual, within certain limits or

conditions, from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability.

j) Executive Clemency - Under Section 19 Article VII of the Constitution, except in cases
of impeachment or as otherwise provided therein, the President may grant reprieves,
commutations and pardons, and remit fines and forfeitures, after conviction by final
judgment. Executive clemency rests exclusively within the sound discretion of the
President, and is exercised with the objective of preventing a miscarriage of justice or
correcting a manifest injustice.

k) 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.

l) National Prisoner - One who is sentenced to a maximum term of imprisonment of more

than three (3) years or to a fine of more than five (5) thousand pesos; or regardless of the
length of sentence imposed by the Court, to one sentenced for violation of the customs
law or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, or
to one sentenced to serve two (2) or more prison sentences in the aggregate exceeding the
period of three (3) years.

m) Pardonee - Refers to a prisoner who is released on conditional pardon.

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n) Parole - The conditional release of an offender from a penal or 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.

o) Parole Supervision - Refers to the supervision/surveillance by a Probation and Parole

Officer of a parolee/pardonee.

p) Petitioner - A convicted defendant who files a formal application for probation.

q) Probation - Disposition under which a defendant after conviction and sentence, is release
subject to condition imposed by the court and to the supervision of a probation officer.

r) Probationer - Means a person placed on probation (PD No. 968).

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

t) Post-Sentence Investigation/PSI - This is the vehicle used to find out the petitioner’s
legal qualifications and his suitability for probation. It is also used in establishing the
diagnosis for his favorable response to the community-based and individualized
correction program.
u) Recognizance - It “is a mode of securing the release of any person in custody or
detention for the commission of an offense who is unable to post bail due to abject
poverty. The court where the case of such person has been filed shall allow the release of
the accused on recognizance as provided herein, to the custody of a qualified member of
the barangay, city or municipality where the accused resides” (Section 3, RA No. 10389).
v) Release Document - Refers to the Conditional Pardon/Absolute Pardon issued by the
President of the Philippines to a prisoner or to the “Discharge on Parole” issued by the
Board.
w) Remission - The President may prevent the collection of fines or confiscation of
property.
x) 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.

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y) Sanctuary - A city or region or church where state agents were forbidden to enter for
purposes of arresting the accused.
z) 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.

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 Review Questions
Name: _______________________________________________ Score: ________________
Year & Section: _______________________________________

INSTRUCTION: Read and analyze the directions, questions and choices CAREFULLY.

Part I. True or False. Write TRUE if the statement is correct and FALSE if not on the
space provided before each number. (2 points each)

____________1. Probation was first introduced in the Philippines during the Spanish Colonial
period.
____________2. Institutional Corrections/Rehabilitation refers to the method of correcting
sentenced offenders without having to go to prison.
____________3. Non-Institutional Corrections gives advantages to the government for the
community will also be involved so that crime becomes less hard to control.
____________4. Non-Institutional Corrections also gives advantages to the government for the
offender’s family need not suffer since the offender from them and he will be able to go on with
his life and livelihood thereby enabling him to support his life.
____________5. Philippine Public Administration (PPA) is an agency of the Philippine
government under the Department of Justice responsible for providing a less costly alternative to
imprisonment of offenders who are likely to respond to individualized community-based
treatment programs.
____________6. Imprisonment is the suffering that is inflicted by the State for the transgression
of a law.
____________7. Penal laws shall have a retroactive effect in so far as they favor the person
guilty of a felony, who is not a habitual criminal.
____________8. No felony shall be punishable by any penalty not prescribed by law prior to its
commission.
____________9. Plurality of crimes is a single crime consisting of a series of acts but all arising
from one criminal resolution.
____________10. Continued crimes consist in the successive execution by the sa

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References
[1]Mercedes A. Foronda (2007). Correctional Administration (Non-Institutional Corrections).
Quezon City: Wiseman’s Books Trading.

[2] Retrieved on July 11, 2017 from http://www.authorstream.com/Presentation/corpuzrhemrick-

2126541-correctional-administration/

[5]Retrieved on July 11, 2017 from http://pastlifevintage.com/products/john-augustus-first-

probation-officer-1939-hardcover

[6]Retrieved on July 11, 2017 from http://www.authorstream.com/Presentation/corpuzrhemrick-

2126541-correctional-administration/

[9] Retrieved on July 11, 2017 from http://probation.gov.ph/establishment-development-

probation-administration

[10] Retrieved on July 11, 2017

from http://www.nyc.gov/html/prob/html/about/history.shtml

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