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Parole Rules, Probation Law and Executive Clemency(Non-Institution-Based Corrections)First Edition

Philippine Copyright, 2013By: ChapterHouse Publishing Incorporated

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Published and Distributed by:ChapterHouse Publishing IncorporatedNovaliches, Quezon City

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ISBN:978-971-95775-0-8


TABLE OF CONTENTS

DEDiCATiON IIIACkNOwLEDgmENT VFOrEwOrDS VIIPrEFACE XI

ChAPTEr i COrrECTiONS: AN OvErviEw 1Introduction 1Five Pillars of the Criminal Justice System 3Meaning Of Corrections 4Institution-Based and Non-Institution-Based Corrections 4Government Entities/Agencies That Handle Institutional Corrections 5Government Agencies That Handle Non-Institution-Based Corrections 6Functions of Corrections 8

ChAPTEr ii PArOLE 11Parole and Executive Clemency 11Historical Background of Parole 12History of Parole in Australia 13Names to Remember in the History of Parole 13Two Pertinent Systems in the History of Parole 15History of Parole In The Philippines 16The Parole Investigation Process 19The Parole Supervision Process 25


ChAPTEr iii ExECuTivE CLEmENCy 27Meaning Of Executive Clemency 27Constitutional and Statutory Mandate 27Executive Clemency Investigation Process 28Guidelines for Recommending Executive Clemency 30Minimum Requirements to Quality for Executive Clemency 31Disqualifications for Executive Clemency 32

ChAPTEr iv PrOBATiON 35Historical Background of Probation in the Philippines 35The Parole and Probation Administration-Department of Justice (PPA-DOJ) 37History of Probation in Foreign Countries 38Important Dates to Remember In American History on Probation 40The History of Probation Law in the Philippines 42Important Dates to Remember in the Philippine Probation System 43Pertinent Laws to Remember in the Philippine Probation System 44The Probation Investigation Process 45Requirements on How to Avail Of the Benefits of Presidential Decree 968, As Amended 47Violations of the Following Special Laws Shall Disqualify an Offender to Avail of the Benefits of Presidential Decree 968, As Amended 49The Probation Supervision Process 52

ChAPTEr v rEhABiLiTATiON PrOgrAmS 57Community-Based Programs 57Parole and Probation Administration 61Other Special Programs 61


APPENDiCES 65A. Rules on Parole 65B. Amended Guidelines for Recommending Executive Clemency 74C. Indeterminate Sentence Law (Republic Act No. 4103, as amended) 85D. Presidential Decree No. 968, as amended Establishing a Probation System, Appropriating Funds Therefor and for Other Purposes 88E. The Revised Rules on Probation Methods and Procedures 98F. Parole and Probation Administration Omnibus Rules on Probation Methods and Procedures 101G. Resolution No. 24-4-10 123H. Probation Forms 130I. Parole and Probation Administration’s Special Programs 132J. Parole and Probation Administration’s Rehabilitation Activities 134K. Restorative Justice 136L. Republic Act No. 9344 “Juvenile Justice Welfare Act of 2006” 138

gLOSSAry 141

rEFErENCES 145


1COrrECTiONS: AN OvErviEw

ChAPTEr iCOrrECTiONS: AN OvErviEw

iNTrODuCTiON

During the early times, punishments for crimes were too harsh. Most infractions would often result in imprisonment as it was considered to be one of the most effective forms of correction. However, as societal conditions developed together with the introduction of more liberal ideas, humane correctional measures were introduced to minimize the burden on the state as well as on the offenders themselves. Consequently, conditional pardon was introduced and subsequently, this paved the way for other modes of temporary liberty for qualified first-time offenders

In the Philippines, the prospect of confinement or incarceration tortures the minds of first time offenders.

Thirty Six (36) years ago, Presidential Decree (P.D). 968 or otherwise known as the Adult Probation Law of 1976 was enacted through the efforts of the late Congressman Teodulo C. Natividad of Bulacan and signed into law by then President Ferdinand E. Marcos.

The Adult Probation Law of 1976 is viewed as one of the best accomplishments during the Martial Law years. It opened the gates of hope for those who were convicted for the first time. Instead of incarceration, many convicted individuals were placed under a community-based rehabilitation program and were given chances to mend their wrongdoings.

Chapter iCOrrECTiONS: AN OvErviEw

introduction


2 PArOLE ruLES, PrOBATiON LAw AND ExECuTivE CLEmENCy

As provided under republic Act 4103 or the indeterminate Sentence Law, the prisoner may qualify for release on parole upon service of his minimum sentence. For those who have been meted out the sentence of reclusion perpetua or life imprisonment, the prisoner may apply for Executive Clemency, specifically for a Commutation of Sentence or Conditional Pardon with parole conditions. Under the commuted sentence, the prisoner may qualify for release on parole.1

The grant of probation, parole and conditional pardon with parole conditions is collectively called ‘community-based correctional programs’ that necessitates the formulation of ‘Rehabilitation Programs’ of these convicted individuals who need to live lawful and productive lives.

Filipinos should be aware that once a person is convicted; there are still ways on how to get out from prison and a chance to start life anew through community-based corrections. This means that a convicted offender who possesses the qualifications prescribed by law and has the sincere desire to mend his/her ways, community-based corrections measures may be implemented. He can apply for probation (an alternative to imprisonment), be qualified for parole (to qualify for parole, the offender must have served first the minimum sentence) and or Executive Clemency (its various forms fall under the acronym ACCRA- Absolute Pardon, Conditional Pardon, Commutation of Sentence, Reprieve and Amnesty). 2

The Corrections Pillar is the state’s response to separate criminal offenders from the general public for the latter’s protection. Snarr notes that “corrections is the systematic and organized efforts directed by a society that attempt to punish offenders, protect the public from offenders, change offenders behavior, and if possible, compensate the victims”.3

In the Philippines today, the Corrections Pillar may either be institution-based or Non-institution-Based also known as Community-Based. Either way, the goals of corrections rehabilitation and the reformation of the offender intend to help him re-enter society and become a law-abiding as well as productive member.

1. Retrieved from: http://www.chanrobles.com/REVISED%20RULES%20AND%20REGULATIONS%20OF%20THE%20BOARD%20OF%20PARDONS%20AND%20PAROLE.pdf. Date Accessed: June 19, 2013. 2. Retrieved from: http://www.lawphil.net/administ/doj/res_24-4-10_2010.html. Date Accessed: June 19, 2013. 3. Snarr, Richard W. Introduction to Corrections. 2nd edition, 1992.



ThE FivE PiLLArS OF ThE CrimiNAL JuSTiCE SySTEm ArE:

1. Law Enforcement

2. Prosecution

3. Courts

4. COrrECTiONS – either institution Based or Non-institution Based Corrections

5. Community

The Law Enforcement Pillar is responsible for apprehending law violators. It enforces the law with due diligence and justice for public interest.

Should a valid ground exist; a case may be raised in the Prosecution Pillar to determine whether or not there is probable cause that a crime was indeed committed. Should there be none, then it shall be dismissed. However, if there is a probable cause, the case will be elevated to the Court for trial and proper disposition.

The Court has the jurisdiction to try the case and determine responsibility to determine whether or not there is proof beyond reasonable doubt that the accused indeed committed an illegal act. Should there be sufficient evidence to convict the accused being charged of an offense, then the court shall make him accountable for his crime. Otherwise, the accused shall be acquitted.

After conviction by the court, the accused enters the Corrections Pillar. If the penalty is imprisonment of six (6) years and below, and if the accused possesses all the qualifications and none of the disqualification as enumerated in PD 968, he may avail himself of probation and serve the terms and conditions thereof in the Community.

If the penalty is below three (3) years, he should serve his penalty at the Municipal, City, District and Provincial Jails. One has to serve his/her sentence at the National Prisons and Penal Farms if the prisoner’s sentence is an imprisonment of more than three (3) years.

Five Pillars of the Criminal Justice System



mEANiNg OF COrrECTiONS:

COrrECTiONS - It is one of the Pillars of the Criminal Justice System which undertakes the reformation and rehabilitation of offenders for their eventual absorption into the social and economic streams of the community through institutional or Community-based program.

- It is the 4th Pillar of the Criminal Justice System which is tasked to rehabilitate and reform penitent offenders. It is derived from the root word “correct” which simply means to make right or change from wrong to right.

COrrECTiONS, as its root word ‘correct’ implies, focuses on correcting a problem or series of problems in the society. It refers to a broad category of activities ranging from incarceration of offenders, to assisting ex-offenders in securing employment if possible.

How are we to carry out corrections and rectify faults if an offender has already been convicted? Answer: Through the implementation of institution-based and non-institution-based corrections.

iNSTiTuTiON-BASED AND NON-iNSTiTuTiON-BASED COrrECTiONS:

1. iNSTiTuTiON-BASED COrrECTiONS

institution-based Corrections refers to the means of correcting an individual by placing him/her to an institution or place where he/she can be treated well until he/she becomes fully recovered and accepted by the community.

meaning of Correctionsinstitution-Based and Non-institution-Based Corrections



If an accused has been involved in several forms of offenses and may therefore be a risk to the community, then he deserves to be incarcerated and corrected inside the jail rather than to enjoy the benefits of a community-based rehabilitation program. The jail and the prison are both institutions; therefore when the accused is placed to serve his sentence inside the jail or prison, Institution-Based Corrections is being implemented.4

government Entity/Agencies that handle institutional Corrections:

• The Bureau of Jail Management and Penology (BJmP) under the Department of Local and Interior Local Government;

• Local Government Units - Provincial Jails which are under the supervision of Provincial Governors; and

• Bureau of Corrections (BuCOr) under the Department of Justice.

It is noteworthy that while it is true that Provincial Jails are institutions for inmates sentenced to prison terms of six (6) months and one (1) day to three (3) years, they are not under the supervision and control of BJmP but rather of Local government units (Lgus) under the supervision of Provincial governors.

This is so because as early as 1910, the 1st Provincial Jail System was established during the American regime. In view of the said system, every province was mandated by the American colonizers to establish its own provincial jail under its supervision and control.

On the other hand, municipal, District and City Jails are under the supervision and control of the BJMP. These jails handle prisoners whose imprisonment does not exceed three (3) years.

Bear in mind that those who are convicted to three (3) years and one (1) day or longer are under the supervision and control of the Bureau of Corrections.

4. Bohm, Robert M. and Haley, Keith N. Introduction to Criminal Justice 5th Edition. McGraw Hill: United States. 2008.

government Entity/Agencies That handle institutional Corrections



2. NON-iNSTiTuTiON-BASED COrrECTiONS.

Non-institution-Based Corrections community based-programs such as probation, suspended sentence for first time minor offenders, parole and conditional pardon.

government Agencies that handle Non-institution-based Corrections

• The Parole and Probation Administration (PPA) headed by an Administrator;

• The Board of Pardons and Parole (BPP) headed by the Chairman (Secretary of Justice ); and

• The Department of Social Welfare and Development (DSwD) with the Secretary as its head.

PPA is mandated by law to handle the investigation of all cases for probation, parole & executive clemency, and the supervision of probationers, parolees and conditional pardonees. However, despite the wide scope of its responsibility, it is a reality that PPA-DOJ is the least heard among all other components of the Criminal Justice System due to the confidentiality of records. Section 17 of PD 968 as amended strictly states that only the PPA-DOJ and the court are authorized to read matters regarding the convicted person who applied for probation.

BPP is responsible for the grant of parole and recommending Executive Clemency to the President.

DSwD renders services for Children in Conflict with the Law (CiCL). republic Act 9344 or the Juvenile Justice welfare Act of 2006 states that a CiCL who is 15-year-old or under, during the time of the commission of the offense, shall be exempted from criminal liabilities. On the other hand, those who are 16 and 17 years-old should be assessed if they acted on discernment when they committed the crime.5

Through Non-institutional Corrections, there is no need to place an offender in an institution. Instead of serving his sentence inside a jail, he can be brought back to his community under the supervision of a Probation and Parole Officer for probation, parole and Executive Clemency cases. If the case involves a CICL, the offender is remanded under the supervision of a Social Worker.

5. Retrieved from : http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html. Accessed on June 20, 2013.

government Agencies That handle Non-institution-Based Corrections



This type of corrections administers the treatment plans and the supervision programs of the offender which are pertinent in restoring their dignity and self-esteem in developing productivity and effectiveness as members of the free society.

COrrECTiONS ENTiTiES/AgENCiES OF ThE gOvErNmENT:

D.1 For Institution-Based Corrections

• Bureau of Corrections

• Bureau of Jail Management and Penology

• Local Government Units (Provincial Jails)

D.2 For Non-Institution-Based Corrections

• Parole and Probation Administration

• Board of Pardons and Parole (DOJ)

• Department of Social Welfare and Development


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