Chapter 3 - Introduction to

Community Based Correction Program

Non-institutionalized Correction (Community Based Correction) – Refers to correctional activities
that may take place within the community. They are in the forms of Probation, Parole,
Conditional Pardon, Community works.

Concept: Community-based corrections include all correctional activities that take place
in the community. It embraces any correctional activity in the community that directly addressed
to the offender and aimed at helping him to become a law-abiding citizen.
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 correctional facilities and programs that
became known as community-based corrections. These facilities, located in neighborhoods, allowed
offenders normal family relationships and friendships as well as rehabilitation services such as counseling,
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 still 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:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.
 Executive Clemency
Clemency simply means LENIENCY or MERCY. A power given to a public official such as governor or president, to in some way
lower and to moderate the harshness of punishment impose upon a prisoner. Clemency is an act of grace its based-on policy
fairness, justice, and forgiveness. Its not a right but rather a PRIVILEGED.

Executive Clemency is the power of president in a state conviction to pardon a person convicted of a crime, commute the
sentence (shorten it, often to time already served it), or reduce it to death into another lower sentence

It is an EXECUTIVE FUNCTION and not a function of judiciary. It is also a non-delegable power and it can only be exercise by the
president of the Philippines personally.

The plenary power of the president to grant executive clemency

Executive power under SECTION 1 of ART, VII, 1987 PHIL, CONSTITUTION is defined as the power to enforce and
administer the law, which means carrying them into practical operation and performing their due observance

Another mandated power of the president of 1987 Phil, constitution authorized the president of the republic of the
Philippines to grant not only a pardon but also a reprieved, commutation of sentence, amnesty and remission of fine and
forfeiture.

“Section 19. Except in cases of impeachment or as otherwise provided in this constitution the president may grant
reprieve, commutations, pardon, and remit fines and forfeiture after conviction of final judgment.
Limitation of the exercise the power to grant Executive Clemency

1. It can’t be granted in case of impeachment

2. It can’t be granted in case of violations of the election laws without the favorable recommendation of the commission.
3. It can be grant only after conviction by the final judgment

Section 5, no pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulation can be
granted by the president without the favorable recommendation of the commission

CONSTITUTIONAL BASIS:
ART. VII, SEC. 19, 1987 PHILIPPINE CONSTITUTION
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Section 5, Article IX (Constitutional Commissions-The Commission on Elections)

No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and regulations shall be granted
by the President without a favorable recommendation of the Commission.
EXECUTIVE CLEMENCY BASICS

1. It is discretionary;
2. It may not be controlled by the legislature or reversed by the courts unless there is violation of the
Constitution; and
3. Executive Clemency must often be requested by application or petition before it is granted. In most
jurisdictions, these applications first must be filed with a reviewing agency such as the state board of pardon
and parole before being seen by the appropriate government head.

WHY IT IS EXTENDED?

In general, Executive Clemency is often extended for humanitarian reasons, such as to (1) an aged and (2) ill inmate
who needs specialized medical care. Inmates who suffer from serious, contagious, or life threatening illness or disease
and those prisoners with severe disability can now be recommended for executive clemency.
The condition of the inmate should be certified “under oath” by a physician of the Bureau of Corrections Hospital and
likewise certified under oath by a physician designated by the Department of Health (DOH
It is also extended in the following instances:
3. When there is real doubt about the guilt of the party.
4. When the sentence given is Apparently excessive
5. When the party is a political or personal friend of the President.
6. To clear the record of some who has demonstrated rehabilitation or public service.
Causes of total extinction of criminal liability under ARTICLE 89 of the Revised Penal Code (RPC)

1. Death of conviction – death of conviction extinguishes the criminal liability of a person at any stage of the criminal
proceeding. Civil liability is likewise extinguishes if death occurs before final judgment. There will be no body to serve the
penalty for the crime.

What are the effects of the death of the accused?

Death of offender before or during trial.

If death occurs before or during trial the criminal case must be dismissed. This is because of the preservation of the
constitutional rights of the deceased accused who would not be anymore in a position to defend himself.

Death of the offender pending appeal

The death of the accused pending the appeal of his conviction will extinguished his criminal liability as well as civil
liability arising from the crime committed. However civil liability arising from the sources other than the crime committed
survives and may be pursued in the separate civil action.

While death pending appeal extinguishes criminal liability, the supreme court may still review the case
The accused death pending appeal of his conviction results to automatic dismissal of the charge. The Supreme Court
may, however review the case and if the accused found innocent, shall render the appropriate judgment belated through it may
be vindicate his sullied honor and redeem his memory from unserved accusations.
2. SERVICE OF SENTENCE – After the convict served his sentence, criminal liability is automatically
extinguished. However, service of sentence does not extinguish his civil liability.
3. AMNESTY – Is granted by the proclamation of chief executive with the concurrence of the congress. It is a
public act of which the courts should take judicial notice
4. ABSOLUTE PARDON – looks forward and relieves the offender from the consequence of an offence of
which he has been convicted. An absolute pardon not only washed out the crime committed but also
removes all disabilities resulting from the conviction.
5. PRESCRIPTION OF PENALTY – it is the loss waiver of the state of its right to punished the convict. In other
words, prescription of penalty is the loss of forfeiture of the right of the government to execute the
sentence after lapse of certain time.
6. PRESCRIPTION OF OFFENSE – refers to loss of waiver of the right of the state to prosecute the offenders
after the lapse of time. It cannot be waived or extend since it is for benefit of the accused.
7. MARRIAGE OF THE OFFENDED WOMAN UNDER ARTICLE 344, OF RPC - Offender with the offended woman
after the commission of any of the crime of rape seduction, abduction, act of lasciviousness as provided in
art, 344 must be contracted by the offender in good faith.
8. EXPRESS REPEAL OF PENAL LAW - If law was enacted and its provide therein that the criminal liability of the accuse
is extinguish then it’s an EXPRESS REPEAL OF THE LAW
Causes of partial extinction of a criminal liability under ART 94, f the RPC
1) CONDITIONAL PARDON – any person who has been granted conditional pardon shall incur the obligations of compliance strictly with the
conditions imposed therein, otherwise, his non-compliance with any of the conditions specified shall result in the re -vocation of the pardon
and the provisions of article 159 shall applied to him.
2) COMMUTATION OF SENTENCE – simply means reduction or mitigation of penalty. The commutation of the original sentence for another for
different length.
“Commutation of sentence is the change of the decision of the court made by the chief executive”
3) GOOD CONDUCT AND TIME ALLOWANCW (GCTA) – credit earned by an inmate with reduces the duration of his incarceration. Its also refers to
the time subtracted from a sentence by prison authorities for good behavior or for other people.
SPECIAL TIME ALLOWANCE AFORA LOYALTY of a PRISONER – Refers to the deduction of 1/5 of the sentence of a prisoner who, having evaded
the service of sentence during the calamity, catastrophe.

WHO MAY GRANT GCTA? - The director of prison may grant the GCTA to an inmate who displays a good behavior rand who has no record of
breach of discipline or violations.

Computation of GCTA - A detainee shall only be granted GCTA if he voluntarily offers in writing to person such labor as may be assigned to him.

4) PAROLE – Release from imprisonment, but without full restoration of liberty as parolee is still in the custody of law although not in
confinement .
Parole consists in the suspension of the sentence of the convict, after serving the minimum term of the indeterminate penalty.
5) PROBATION – is a disposition which under the defendant, after conviction and sentence, is released subject to the conditions imposed by the
court and to the supervision of probation officer.
The instances when sentence may be suspended

The following instances or situations in criminal cases wherein the accused either an ADULT, MINOR can apply for and
/or be granted suspended sentences:

1) Where the accused become insane before sentence could be promulgated.

2) Where the offender, upon conviction by the trial court, filed an application for probation which has been granted.
3) When the offender needs to confined in rehabilitation center because of drug dependency although convicted to the crime
charge
4) Where the offender is youthful offender under art, 192, pd 603 otherwise proved as the CHILD AND YOUTHFUL WELCARE
CODE
5) Where the crime was committed when the offender is under 18 years of age and he is found guilty thereof with the
Accordance of R.A. NO. 9344 otherwise known as “juvenile and justice welfare act of 2006”
6) The death sentence shall be suspended upon a woman while she is pregnant or within one year after delivery
7) Suspension of sentence of a first time minor offender under ART, 66 of R.A. 9165 “dangerous drug act of 2002”

Suspension of execution of death sentence under art, 83 of RPC

1) WOMAN, while pregnant

2) WOMAN, within one year of delivery
3) A person over 70 years of age