EXECUTIVE

CLEMENCY 2021-2022 1

A ACABADO CORRECTIONAL
ADMINISTRATION 2
NON-INSTITUTIONAL
CORRECTION
(READ THE ATTACHED DOCUMENT, WRITE
WHAT YOU HAVE LEARNED BASED ON THE
OBJECTIVES OF THIS CHAPTER)
PAROLE
ABSOLUTE PARDON
COMMUTATION OF
SENTENCE

SUBMITTED BY:
JOMMEL GEROLA
ACABADO
BS CRIMINOLOGY 2-A

SUBMITTED TO:

MR. ANGELO P. ARANDELA

PART-TIME INSTRUCTOR
LSPU LOPEZ SATELLITE CAMPUS
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CHAPTER I
INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM

When we hear the word "corrections" the first thing that most people will think of is jail or
prison; some custodial institution. Many people don't realize that the same term also applies to
non-custodial alternatives such as parole or probation, programs and/or facilities specifically
designed for juvenile offenders and halfway houses. First thing and for most, Correction is the
branch of the administration of our Criminal Justice System charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders.

Last semester, we tackled about the correction. It 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. It is also defined as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and reformation of criminals. In addition, it
includes all government agencies, facilities, programs, procedures, personnel, and techniques
concerned with the investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders. In todays, Philippine Correctional set up, among the five pillars of the criminal
justice system, corrections are the least heard, known or understood society seems to have some
reluctance to look at it although its role in the reformation and rehabilitation of offenders cannot
be overemphasized. Furthermore, jail administration and control in our country is distributed to at
least, four agencies:
1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has supervision
over the national penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG;
which has the exclusive control over all city, municipal and district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their
respective provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which
takes care of, among others, youthful offenders entered in detention centers for juveniles.

Furthermore, another learning I learn is the Institutional Corrections which is the aspect of
the correctional enterprise that involves the incarceration and rehabilitation of adults and juveniles
convicted of offenses against the law, and the Another one is the 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 Pardonees and monitors his compliance with conditions imposed.
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In addition, there is an advantage which it comes in implying COMMUNITY-BASED

CORRECTION. First are the family members need not be victims also for the imprisonment of a
member because the convict can still continue to support his family. Next is the 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. Rehabilitation also, can be monitored by the community thus
corrections can be made and be more effective. And lastly 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.

Next is 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:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

Next one is the basic principles underlying the philosophy of community-based treatment
programs. The 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. Next is the 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.
Next is the Probation. One of the most common forms of community correction is probation.
Probation can be thought of as a type of post-trial diversion from incarceration. A term coined by
John Augustus, from the Latin verb “probare”- to prove, to test.
It is a disposition under which a defendant after conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer. Furthermore, it is defined as a
sentence in which the offender, rather than being incarcerated, is retained in the community under
the supervision of a probation agency and required to abide by certain rules and conditions to avoid
incarceration.
The Diversion specialized for juvenile offender or CICL. Another one is the Restitution.
In recent years it has become increasingly common for jurisdictions to include restitution orders
as part of probation. Money paid or services provided to victims, their survivors, or to the
community by a convicted offender to make up for the injury inflicted. Halfway houses -
Community-based residential facilities that are less secure and restrictive than prison or jail but
provide a more controlled environment than other community correctional programs.
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In this chapter also, I learned the different other aspects of corrections.

1. Parole - It is the process of suspending the sentence of a convict after having serve the minimum of
his sentence without granting him pardon, and the prescribing term upon which the sentence shall be
suspended.
2. Executive Clemency that refers to Absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be granted by the President of the Philippines upon
the recommendation of the Board of Pardon and Parole.

a. Pardon It is a form of executive clemency granted by the President of the Philippines as a

privilege to a convict as a discretionary act of grace. It is an act of grace is extended to
prisoners as a matter of right, vested to the Chief Executive (The President) as a matter of
power. 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. The
following are the two types of pardon:

1. Absolute Pardon-It 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.
2. Conditional Pardon-It 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.

b. Amnesty - A general pardon extended to a group of persons, such a political offender

purposely to bring about the return of dissidents to their home and to restore peace and
order in the community.

c. Commutation of Sentence - An act of the president changing/ reducing a heavier sentence to a

lighter one or a longer term into a shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely to reduce the penalty
pronounce by the court.

d. Reprieve - A temporary stay of the execution of sentence especially the execution of the
death sentence. Generally, Reprieve is extended to prisoners sentenced to death. The date
of execution of sentenced is set back several days to enable the Chief to study the petition of the
condemned man for commutation of sentenced or pardon.