Ca PD 968
Ca PD 968
Ca PD 968
(Non-Institutional Corrections)
1
Release of prisoners based on Parole,
however, has to pass before a Board of Parole.
However, the members of this Board have no
personal knowledge of the offender’s background
before his prison term and his conduct and
actuations inside prison. They only rely on the
recommendations of the prison and his prison
records. Thus, there is every risk that unqualified
prisoners may be released because of this.
2
6. those who escaped from confinement or
evaded sentence;
3
in good faith or due to circumstances beyond the
prisoner’s control.
4
month period shall be considered as transfer of
residence.
5
recommend to the President that a similar certificate
be issued to a pardonee. Police, court, prosecutor,
and such other clearances as may be required by the
BPP shall be attached to the PPA recommendation.
A certified true copy of the CFRD shall also be
furnished the sentencing court.
6
Following factors will be considered by the
BPP in granting parole or conditional pardon:
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clemency. The Board or its authorized
representatives shall interview an inmate who was
sentenced to Reclusion Perpetua or Life
Imprisonment or whose sentence had been
commuted from Death to Reclusion Perpetua.
RULES ON PAROLE
8
Pursuant to Act No. 4103, otherwise known
as “The Indeterminate Sentence Law,” as amended
by, among others, Section 21. Title III, Book IV of
Executive Order No. 292 dated July 25, 1987,
otherwise known as “The Administrative Code of
1987”, the following Rules on Parole are hereby
promulgated:
RULE 1
GENERAL PROVISIONS
9
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;
c. “Director” refers to the Director of the Bureau
of Corrections;
10
i “Probation and Parole Officer” refers to the
Probation and Parole Officer undertaking the
supervision of the parolee;
RULE 2
RULES IN CONSIDERING PAROLE CASES
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4103, as amended, otherwise known as the
“Indeterminate Senate Law”, said Act shall not
apply, and parole shall not be granted, to the
following prisoners:
a. Those convicted of an offense punished
with the death penalty, reclusion
perpetua or life imprisonment;
b. Those convicted of treason, conspiracy
or proposal to commit treason or
espionage;
c. Those convicted of misprison of treason,
rebellion, sedition or coup d’ etat;
d. Those convicted of piracy or mutiny on
the high seas on Philippine waters;
e. Those who are habitual delinquents, be,
those who, within a period of ten (10)
years from the date of release from
prison or last conviction of the crimes of
serious or less serious physical injuries,
robbery, theft, estafa, and falsification,
are found guilty of any of said crimes a
third time or offender;
f. Those who escaped from confinement or
evaded sentence;
g. Those who having been granted
conditional pardon by the President of
the Philippines shall have violated any of
the terms thereof;
h. Those whose maximum term of
imprisonment does not exceed one (1)
year or those with definite sentence;
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i. Those suffering from any mental
disorder as certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal or
has not yet become final and executory;
13
RULE 2.3 Review Upon Petition or Mota
Proprio; Form and Contents of Petition – A
parole case may be reviewed by the Board upon
petition or motu proprio. Where a petition is filed
by, or on behalf of, a prisoner, the form of said
petition shall substantially comply what that
prescribed by the Board and shall clearly show the
following:
Part C. Procedure
14
RULE 2.6. Notice to Offended Party – In
addition to the publication in a newspaper of
national circulation, the offended party, or his
immediate relatives in the event that the offended
party is unable or otherwise not available, shall be
notified personally or by registered mail and given a
period of thirty (30) days from notice within which
to communicate their comment to the Board
regarding the contemplated grant of parole to the
prisoner.
15
friends, or the community in general, or
the possibility of retaliation by the
victim, his family and friends;
c. the gravity of the offense and the manner
in which it was committed, and
prisoner’s attitude towards the offense
and his degree of remorse;
d. evidence that the prisoner will be
legitimately employed upon release, or
has a place where he will reside; and
e. The age of the prisoner and the
availability of after-care services for the
prisoner who is old, seriously ill or
suffering from physical disability.
16
RULE 2.11. Quorum – A majority of all
the members of the board shall constitute a quorum.
RULE 3
RULES AFTER GRANT OF PAROLE
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contain the latest 1” x 1” photograph and right
thumbprint of the prisoner.
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inform the Board of such failure for the Board’s
appropriate action.
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RULE 3.10. Travel Abroad and/or Work
Abroad – Any parolee under active
supervision/surveillance who has no pending
criminal case in any court may apply for overseas
work or travel abroad. However, such application
for travel abroad shall be approved by the Parole
and Probation Administration and confirmed by the
Board.
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on the conduct of the parolee while under
supervision;
b. An Infraction Report when the parolee has
been subsequently convicted of another
crime;
c. A Violation Report when a parolee commits
any violation of the terms and conditions
appearing in his Release document or any
serious deviation or non-observance of the
obligations set forth in the parole
supervision program.
21
RULE 3.16. Summary Report – After the
expiration of the maximum sentence of a parolee,
the Probation and Parole Officer concerned shall
submit to the Board, through the chief Probation
and Parole Officer, a Summary report on his
supervision of a parolee.
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and Parole Officer concerned, the Bureau of
Corrections, the National Bureau of Investigation,
the Philippine National Police, and the Office of the
President.
RULE 4
REPEALING AND EFFECTIVITY CLAUSES
Signed
NILO C. MARIANO
Assistant Chief State Prosecutor
and Acting Chairman of the Board
Signed Signed
ESTER DE JESUS-AMOR GREGORIO F. BACOLOD
Member Member
Signed Signed
RAMON A. BARCELONA ARTEMIO C. ASPIRAS
Member Member
23
APPROVED:
Signed
SIMEON A. DATUMANONG
Secretary of Justice
ATTESTED:
Signed
REYNALDO G. BAYANG
Executive Director
GENERAL GUIDELINES FOR
RECOMMENDING
EXECUTIVE CLEMENCY
GENERAL PROVISIONS
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These guidelines do not restrict the plenary
authority granted to the President under Section 19,
Article VII of the constitution. The President may
review, revise, amend, revoke or affirm the
recommendation of the Board; refer any matter
pertaining to executive clemency to the Board or to
any other agency; or act motu proprio or upon the
recommendation of the Board or of any other
agency.
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c. Youthful offenders who are over nine (9)
years but under eighteen (18) years of age at
the time of the commission of the offense;
d. Prisoners who are seventy (70) years old and
above whose continued imprisonment is
inimical to their health on humanitarian
grounds;
e. Those who are terminally-ill as certified by a
panel of three (3) government physicians
composed of physician designated by the
Director of the bureau of Corrections, the
Director of the Malacanang Clinic, and a
physician designated by the Secretary of
Health.
f. Alien prisoners where diplomatic
considerations and amity among nations
necessitate review;
g. Such other similar or analogous
circumstances whenever the interest of
justice will be served thereby.
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d. Those convicted of Kidnapping for
Ransom;
e. Those convicted of violation of Republic
Act No. 6425, as amended, otherwise
known as “The Dangerous Drugs Act of
1972”, or Republic Act No. 9165, also
known as “The Comprehensive Dangerous
Drugs Act of 2002”, and other drug-related
offenses;
f. Those convicted of offenses committed
under the influence of drugs; and
g. Those whose release from prison may
constitute a danger to society.
PROCEDURE
27
days from receipt of referral a Report on the
behavior, character antecedents, mental and
physical condition of the petitioner, and the results
of the National Bureau of Investigation records
check.
28
SECTION 7. Notice to convicting Trial
Judge, Prosecutor’s Office, and Offended Party –
In all cases when a prisoner is being considered for
executive clemency, the Board shall notify the
following personally or by registered mail:
a. The convicting trial judge;
b. The prosecutor’s office that handled the
prosecution; and
c. The offended party or, in the event that the
offended party is unavailable for comment
or otherwise cannot be located, the
immediate relatives of the offended party.
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SECTION 10. Board Meetings – The
Board shall meet once a week, or oftener upon call
by the chairman, to deliberate matters pertaining to
executive clemency.
30
mittimus or commitment order, prosecutor’s
information and the decision of the trial and
appellate courts.
“RESOLUTION NO.
re (Name of Prisoner or Prisoners)
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b. (His personal circumstances;)
c. (The place where he is serving his sentence
and the date when he commenced the same;
and)
d. (The actual time spent in prison [does not
include Good Conduct Time Allowance];)
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application of the law will result in manifest
injustice in the case(s) of the individual(s)
mentioned above and that said individual(s) deserve
the grant of executive clemency by the President.”
Where at least four (4) members vote in
favor of recommending the grant of executive
clemency, the vote of any dissenting member and
the reasons therefore shall be stated in the resolution
of the Board.
i. Name;
ii. Crime for which convicted;
iii. Penalty imposed;
iv. Actual time spent in prison (not including
Good Conduct Time Allowance)
v. If recommended for commutation:
(a) Recommended commuted term;
(b) Time to be served without
commutation;
(c) Time to be served with commutation
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executive clemency is sought)
for Kidnap for Ransom or any
drug-related offense; and
(b) Previously granted executive
clemency.
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prisoner to be released from prison, the director of
the Bureau of corrections or Warden of the jail
where he is confined shall, on the date of actual
release of the prisoner, send a certification of
release to the Board and, if the document
evidencing the President’s grant executive clemency
so states, to the concerned Probation and Parole
Officer.
35
SECTION 21. Arrival Report – The
Probation and Parole Officer shall submit his
Arrival Report to the board, through the Technical
Service of the Parole and Probation Administration,
within fifteen (15) working days from the date when
the prisoner reported for supervision.
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certificate, an affidavit narrating the circumstances
of the fact of death from the barangay chairman or
any authorized officer or any immediate relative
where the prisoner resided, shall suffice.
37
SECTION 28. Transmitted of Certificate
of Compliance with Conditional Pardon – The
Board shall forward a certified true copy of the
Certificate of Compliance with Conditional Pardon
to the prisoner, the Court which imposed the
sentence, the Probation and Parole Officer
concerned, the Bureau of Corrections, the National
Bureau of Investigation, the Philippine National
Police, and the Office of the President.
38
Done in Quezon City, this 26th day of June
2003.
Signed
NILO C. MARIANO
Assistant Chief State Prosecutor
And Acting Chairman of the Board
Signed Signed
ESTER DE JESUS AMOR GREGORIO F. BACOLOD
Member Member
Signed Signed
RAMON A. BARCELONA ARTEMIO C. ASPIRAS
Member Member
APPROVED:
Signed
SIMEON A. DATUMANONG
Secretary of Justice
ATTESTED:
Signed
REYNALDO G. BAYANG
Executive Director
Probation
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convict the chance to reform and rehabilitate
himself without having to spend time in jails.
Probation does not confine to prison a sentenced
prisoner but rather released and undergo
personalized community based treatment.
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imprisonment in case of insolvency, the period of
probation shall not be less than nor be more than
twice the total number of days of subsidiary
imprisonment as computed at the rate established in
article thirty-nine of the revised Penal code as
amended.
Advantages of Probation
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3. Those who have previously been convicted
by final judgment of an offense punished by
imprisonment of not less than one month
and one day and/or fine of not less than Two
Hundred Pesos (P200.00);
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served his term of commitment less “good time” nor
“work time” credits under the parole conditions and
under supervision until the expiration of the
maximum term for which he was sentenced. In
Parole, the prisoner is released after he has served
his minimum or part of his sentence but before the
expiration of his full sentence, while mandatory or
conditional or conditional release, the prisoner is
released under conditions of parole after he has
served his full sentence minus his “good time” or
“work time” credits.
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Centers under the supervision or custody of the
DSWD or released on probation to custody of
their parents or to any responsible person under
the supervision of the DSWD.
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offender but his family as well. Rehabilitation
efforts are focused on maintaining harmonious
relations between the offender, his family, and the
community, strengthening, and empowering them
altogether. Empowering the offender’s family
should be done through awareness building and
values formation regimen.
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rehabilitation programs constitutes a onerous drain
on the financial resources of the country; and
46
SEC. 3. Meaning of Terms. – As used in this
decree; the following shall, unless the context
otherwise requires, be construed thus:
47
only. An application for probation shall be deemed
a waiver of the right to appeal.
48
case where no bail was filed or that the defendant is
incapable of filing one, the court may allow the
release of the defendant on recognizance to the
custody of a responsible member of the community
who shall guarantee his appearance whenever
required by the court.
49
(a) sentenced to serve a maximum term
of imprisonment of more than six (6)
years;
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two (72) hours from receipt of said
order;
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(g) refrain from visiting houses of ill-
repute;
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probationer or the probation officer, revise or
modify the conditions or period of probation. The
court shall notify either the probationer or the
probation officer of the filing of such an application
so as to give both parties an opportunity to be heard
thereon.
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(a) The period of probation of a
defendant sentenced to a term of
imprisonment of not more than one
year shall not exceed two years, and
in all other cases, said period shall
not exceed six years.
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informed of the violation charged and to adduce
evidence in his favor. The court shall not be bound
by technical rules of evidence but may inform itself
of all the facts, which are material and relevant to
ascertain the veracity of the charge. A prosecuting
officer in any contested hearing shall represent the
State. If the violation is established, the court may
revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order
the probationer to serve the sentence originally
imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall
not be appealable.
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a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly and
indirectly to anyone other than the Probation
Administration or the court concerned, except that
the court, in its discretion, may permit the
probationer or his attorney to inspect the
aforementioned documents or parts thereof
whenever the best interest of the probationer makes
such disclosure desirable or helpful; Provided,
further, That, any government office or agency
engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said
documents for its official use from the proper court
or the Administration.
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His powers and duties shall be to:
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SEC. 20. Assistant Probation Administrator.
– There shall be an Assistant Probation
Administrator who shall assist the Administrator
and perform such duties as may be assigned to him
by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of
the Administration.
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by the President of the Philippines in accordance
with the Integrated Reorganization Plan and upon
the recommendation of the Secretary of Justice.
59
(b) instruct all probationer under his
supervision or that of the probation
aide on the terms and conditions of
their probation;
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(h) perform such duties as may be
assigned by the Court or the
Administration.
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SEC. 26. Organization. – Within twelve (12)
months from the approval of this Decree, the
Secretary of Justice shall organize the
administrative structure of the Administration and
the other agencies created herein. During said
period, he shall also determine the staffing patterns
of the Regional, Provincial, and City Probation
Offices with the end in view of achieving maximum
efficiency and economy in the operations of the
probation system.
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ranging from six months and one day to six years
and a fine ranging from Six Hundred (P600) to Six
Thousand Pesos (P6, 000.00) shall be imposed upon
any person who violates Section 17 thereof.
l. GENERAL PROVISIONS
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Section 2. Policy Objectives and
Declared Purposes. – These Rules are adopted to
carry out the purposes of PD 968, as follows:
64
Section 4. Definition of terms. – As used in
these Rules, unless the context provides otherwise,
the following terms shall be construed, thus:
65
(f) “Probation Office” – refers either to the
Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the
case may be; and
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Section 7. Time for Filing. – The applicant
shall file his application with the Trial Court at any
time after conviction and sentence but within the
period for perfecting his appeal as provided by the
Rules of Court.
67
Investigation (PSI) on the applicant and submit the
Post-Sentence Investigation Report (PSIR), within
sixty (60) days from receipt of the order of said
court to conduct such investigation with findings
and recommendations as stated in PD 968, as
amended.
68
Provided, That, in case where no bail
was filed or the applicant is
incapable of filing one, the trial court
may allow the release of the
applicant on recognizance to the
custody of a responsible member of
the community who shall guarantee
his appearance whenever required by
the trial court.
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given to him by the Trial Court. If
not, the Probation Officer on case
may write the applicant in his court
given address or personally visit
applicant’s place to schedule an
initial interview at the Probation
Office.
70
In case applicant has a criminal record(s),
such should be verified with the proper government
agency (ies) as to its disposition/resolution that
has/have to be properly reflected in the PSIR. For
the sake of obtaining additional information or
clarify conflicting data, the investigating Probation
Officer on case may conduct further investigation
and interview to avoid discrepancies of
fact/information.
71
Section 19. Nature of Interview. – The data
and information gathered from the interview of the
applicant and/or other persons and from other
collateral informants, as well as law enforcement
agencies, shall be strictly privileged and
confidential in nature.
72
date and time, his/her health condition and other
related factors.
73
iii. personal circumstances, educational,
economic-socio civic data and information about the
applicant;
74
of origin of applicant especially if he plan to reside
thereat while on probation, if ever his application
will be granted; and
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V. FULL BLOWN COURTESY
INVESTIGATION AND
TRANSFER OF CONDUCT OF REFERRAL
INVESTIGATION
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relationship, upbringing, behavior of
the applicant for probation in the
community are residents of the place
of his origin.
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the referral investigation as mentioned in Section 27
of these Rules.
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(b) The grant of probation has the effect of
suspending the execution of
sentence. The Trial Court shall order
the release of the probationer’s cash
or property bond upon which he was
allowed temporary liberty as well as
release the custodian on ROR front
his undertaking.
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(a) to present himself to the Probation
Office for supervision within 72 hours
from receipt of said order; and
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Trail Court of as embodied in its
decision or resolution;
81
Section 37. Indemnification. – Payment for
civil liability shall be done using the following
modes:
VIII. SUPERVISION OF
PROBATIONERS
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Section 38. Purpose. – The primary purposes
of probation supervision are:
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i. give instruction to the client
using PPA Form 4 in order to
reinforce probationer’s awareness
of the probation conditions
specified in the Probation Order
in a language or dialect
understood by him;
84
Section 41. Outside Travel. –
85
Section 42. Change of Residence: Transfer
of Supervision. –
86
Form 3), and other investigation and
supervision records by the sending
probation office for purposes and in
aid of continuing effective probation
supervision treatment over said
probationer.
87
(a) During the probation supervision period,
the Trial Court may motu propio or upon
motion by the city or provincial parole
and probation office or by the
probationer or his lawyer.
88
Officer on case to immediately conduct a fact-
finding investigation on any alleged or reported
violation of probation condition(s) to determine the
veracity and truthfulness of the allegation.
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a Violation Report (PPA From 8)
containing its findings and
recommendations duly prepared and
signed by the SPPO, SrPPO, PPO II.
PPO I concerned and duly noted by
the CPPO for the court’s resolution.
d. statements or
affidavits of
apprehending officers
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and offended parties;
and
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probationer shall immediately be brought before the
Trial Court for a hearing of the violation charged.
92
(b) If the probation period has been
revoked, the trial Court shall
order the probationer to serve
the sentence originally imposed
in the judgment of his case for
which he applied for probation.
X. EARLY TERMINATION
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1. Those who are suffering from serious
physical and/or mental disability
such as deaf-mute, the lepers, the
crippled, the bed-ridden, and the like;
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(f) Significant growth in self-
esteem, self-discipline and
self-fulfillment.
(2) An approved
application for
scholarship,
observation tour or
study grant for a
period not less than
six (6) months; or
(3) An approved
application for
immigration.
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(4) An approved
application to take the
Bar and Board
Examinations.
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supervision over the probationer
shall prepare the motion for the
modification of probation, i.e., early
termination addressed to the Court
which has control the supervision
over the probationer concerned in
accordance with Section 12 of the
Probation Law of 1976, as amended.
The motion shall bear the approval of
the head of the City or Provincial
Parole and Probation Office without
prejudice to the latter taking the
initiative for preparing said motion.
97
5. Should the motion be approved by
the Trial Court, the procedure for
termination, due to successful
completion of probation specified in
the rules shall apply.
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submission thereof: and undertake
other related activities. They may be
designated to identify, generate, tap
local community resources or
conduct such activities on skills
training and sports and cultural
programs for clients.
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Section 59. Caseload. –
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(b) probation revocation for cause under
Section 49 (a-c) of these Rules;
101
(e) recommendation to discharge the
probationer from probation and the
restoration of all his civil rights; and
102
not lost or suspended even during the
probation period.
103
copy furnished the RDs and PPA Planning Staff
with their respective Semestral Accomplishment
Progress Reports containing among others, list and
brief description of their work accomplishments for
the quarter, their encountered problems and
suggested solutions, and other related matters.
XV. MISCELLANEOUS
PROVISIONS
104
of a probationer obtained under PD No. 968, as
amended, and these Rules, otherwise known as the
probation investigation and supervision records,
shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Parole
and Probation Administration, the Trial Court or
other court(s) concerned, except that the court of
origin (Trial Court) may, in its sound discretion
permit the probationer or his attorney to inspect the
aforementioned documents or parts thereof
whenever the best interact of the probationer makes
such disclosure desirable or helpful: Provided that
any government office or agency engaged in the
correction or rehabilitation of offenders or any
researchers (i.e., psychologists, sociologists,
graduate students, academicians, etc.) may, if
necessary, obtain copies of said documents from the
Trial Court of the Parole and Probation
Administration for official and/or research (graduate
or special studies) purposes and other similar
undertakings for the sake of public policy, justice
and public interest.
105
Section 72. Authority to Issue Rules or
Rulings and Administer Programs and Projects. –
106
(6) assist in giving amelioration,
provident and welfare
benefits; and other social
economic development and
transformation programs,
projects and activities for
probationers, their immediate
families and other
dependents; and
107
implement the provisions of PD No. 968, as
amended, the pertinent provisions of Executive
Order No. 292 (Administrative Code of 1987) and
these Rules.
108
Presidential Decree 603, otherwise known as the
Child and Welfare Code; Batas Pambansa Bilang 85
for those who have already served the maximum
period of the imposable penalty in detention but
whose cases are still pending in the court; and
Republic Act 6036, otherwise known as the Law on
Release on Recognizance, which places under the
custody of prominent persons in the community for
those who cannot post bail, persons charged with
offenses involving violation of a municipal or city
ordinance and in criminal cases where the
prescribed penalty is not higher than arresto mayor
(six months) and/or a fine of two thousand pesos or
both. Republic Act 6127 fully deducts the period of
the offender’s preventive detention from the
sentence imposed by the Courts.
109
RELEASE ON RECOGNIZANCE
The offender under custody can be released to a
responsible person in the community as provided
under Republic Act 6036.
When to apply?
When the offender is committed to any BJMP jail.
Whereto apply?
The Presiding Judge of the court.
RELEASE ON BAIL
Bail is the security given for the release of a
person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before
any court as required under the conditions provided
by the law on bail.
When to apply?
110
Before or after conviction by the
Metropolitan Trail Court,
Municipal Trial Court, MTC in
cities and Municipal Circuit Trial
Court (MCTC)
Before conviction by the
Regional Trial Court of an
offense not punishable by death,
reclusion perpetua or life
imprisonment.
Where to apply?
The Court where case is pending.
In the absence or unavailability
of the judge, another branch of
the same court within the
province or city.
If the accused is arrested in the
province, city or municipality
other than where the case is
pending, any Regional Trial
Court of said place. In the
absence or unavailability of the
Judge, any Metropolitan Trial
Judge or Municipal Circuit Trial
Judge therein.
If not yet charged in court, any
Court in the province, city or
municipality where the person in
custody is held.
111
PREVENTIVE IMPRISONMENT
Batas Pambansa Bilang 85 authorizes the release of
a detained offender who has undergone preventive
imprisonment equivalent to the maximum
imposable penalty for the offense charge.
112
Where to apply?
The Presiding Judge of the Court
When to apply?
When the person is youthful offender at the time of
the commission of the offense.
Where to apply?
113
The Court that suspended the sentence upon
recommendation by the Department of Social
Welfare and Development (DSWD) or other agency
or agencies authorized by the Court.
EXECUTIVE CLEMENCY
(Executive clemency refers to commutation of
Sentence. Absolute Pardon and Conditional Pardon
with or without parole conditions, as may be
granted by the President of the Philippines upon the
recommendation of the Board of Pardons and
Parole)
When to apply?
Commutation of sentence – once
the prisoner has served at least
114
1/3 of the minimum of his
indeterminate sentence;
Conditional Pardon - once the
prisoner has served ½ of the
minimum of his indeterminate
sentence;
Absolute Pardon – Ten (10) years
must have elapsed from the date
of petitioner’s release from
confinement, or five (5) years
from the expiration of his
maximum sentence, whichever is
more beneficial to him.
Where to apply?
The President of the Philippines, through the
Chairman, Board of Pardons and Parole, Manila
PAROLE
Act 4103, as amended, authorizes the Board
of Pardon and parole to grant parole to a prisoner
who has served the minimum sentence of his
indeterminate prison term. (Parole is a conditional
release from prison of a prisoner who has served
part of his sentence, allowing the prisoner to
complete his term of punishment outside the prison
if he satisfactorily complies with the terms of the
Parole).
115
with death penalty or life
imprisonment;
Not convicted of treason,
conspiracy or proposal to commit
treason;
Not convicted of misprision or
treason, rebellion, sedition or
espionage;
Not convicted of piracy;
Not a habitual delinquent;
Not having escaped from
confinement or evaded sentence;
Not granted conditional pardon
by the Chief Executive and has
not violated the terms thereof;
Whose maximum term of
imprisonment exceeds one (1)
year or those with a definite
sentence;
Not suffering from mental
disorder;
Whose conviction has become
final and executory;
With no pending case/s
When to apply?
Upon proving that the prisoner, who is confined in a
jail or prison to serve an indeterminate prison
sentence, has served the minimum period of said
sentence.
Where to apply?
116
The executive director of the Chairman, Board of
Pardons and Parole, DOJ Agencies Bldg., Diliman,
Quezon City
A convicted offender:
Sentenced to served a maximum
term of imprisonment of not
more than sis (6) years;
Not convicted of subversion, or
any crime against national
security or public order;
Not previously convicted by final
judgment of an offense punished
by imprisonment of not less than
one (1) month and one (1) day
and/or fine of not less than
P200.00;
Not having been on Probation
under the provisions of PD 968;
117
Who is yet to serve his sentence
at the time the substantive
provisions of PD 968 became
applicable.
When to apply?
After conviction and sentence, a convicted
offender or his counsel may file a petition for
Probation.
Where to apply?
The Presiding Judge of the court.
PAROLE
Act 4103, as amended, authorizes the Board
of Pardons and Parole to grant parole to a prisoner
who has served the minimum sentence of his
indeterminate prison term (Parole is a conditional
release from prison of a prisoner who has served
part of his sentence, allowing the prisoner to
complete his term of punishment outside the prison
if he satisfactorily complies with the terms of the
parole)
118
not a habitual delinquent;
not having escaped from confinement or
evaded sentence;
granted conditional pardon by the Chief
Executive and has not violated the terms
thereof;
whose maximum term of imprisonment
exceeds one (1) year or those with a definite
sentence;
not suffering from mental disorder;
whose conviction has become final and
executory;
with no pending case/s
When to apply?
Upon proving that the prisoner, who is
confined in a jail or prison to serve an indeterminate
prison sentence, has served the minimum period of
said sentence
Where to apply?
The Executive Director of the Chairman,
Board of Pardons and Parole, DOJ Agencies Bldg.,
Diliman, Quezon City
EXECUTIVE CLEMENCY
(Executive Clemency refers to Commutation
of Sentence, Absolute Pardon and Conditional
Pardon, with or without parole conditions, as may
be granted by the President of the Philippines upon
the recommendation of the Board of Pardons and
Parole)
119
Who may apply?
A Prisoner:
not eligible for parole;
who has not been sentenced to another
prison term within one (1) year from the
date of his last recommitment to the jail or
prison from where he escaped;
who has not violated any condition of his
discharge on parole or conditional pardon;
who is not suffering from mental illness or
disorder as certified by a government
psychiatrist;
When to apply?
Commutation of sentence – once the
prisoner has served at least 1/3 of the
minimum of his indeterminate sentence;
Conditional pardon – once the prisoner
has served ½ of the minimum of his
indeterminate sentence;
Absolute pardon – 10 years must have
elapsed from the date of petitioner’s
release from confinement, or 5 years
from the expiration of his maximum
sentence, whenever is more beneficial to
him.
Where to apply?
The President of the Philippines, through the
Chairman, Board of Pardons and Parole, Manila
120
In line with the thrust to attain an effective
and efficient implementation of rehabilitation
programs, the agencies involved in Corrections
jointly maintains with other agencies the
Philippines-Japan Halfway House in Muntinlupa.
The Asian Crime Prevention Foundation and
various Japanese NGOs donated the edifice. The
NAPOLCOM Technical Committee on Crime
Prevention and Criminal Justice, The Asia Crime
Prevention Philippines (ACPPI) and the Department
of Justice operate the institution.
121
Polytechnic College extends non-formal education
and seminar on values formation to the residents.
Said activity is duly accredited by the Department
of Education (DepEd). The Makati Golden Lions
continuously provides assistance to the released
clients with basic tools and a certain amount of
pecuniary assistance.
Annex A
CARPETA
1. Pre-Parole Report/Pre-Executive
Clemency Investigation Report
2. Prison Record
3. Fiscal’s Information
4. Court’s Decision
5. Commitment Order on Final Sentence
6. Certificate of Detention
7. Certificate of No Appeal, or if appealed,
the decision of the Appellate Court
8. If a National Prisoner, a Certification
from the Warden stating the reason(s) for
prisoner’s continued confinement in that
jail
122
9. Agreement/Manifestation under R.A.
6127
10. In Estafa, Swindling and Illegal
Recruitment cases, a certification that
prisoner has no pending case
SAMPLE OF FORMS TO BE ACCOMPLISH BY THE JAIL OFFICERS
AND INMATES
I. PERSONAL DATA
Children:
NAME AGE OCCUPATION
123
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Socio-Economic Background:
Family Relationship Major Family Problems
( ) Very Satisfactory ( ) No Apparent Problem
( ) Satisfactory ( ) Economic
( ) Fair ( ) Mental/Physical Illness
( ) Poor ( ) Marital Problem
( ) One-Parent Family
Major Family Problems Family Reputation in the Community
( ) Parent-Child Conflict ( ) Very Satisfactory
( ) Siblings Conflict ( ) Satisfactory
( ) Others ( ) Fair
( ) Poor
Family Economic Status Physical Home Condition
( ) More than Adequate ( ) Very Satisfactory
( ) Adequate ( ) Satisfactory
( ) Inadequate ( ) Fair
( ) Below Poverty Level ( ) Poor
Stability of Residence
( ) Stable
( ) Occasional Change
( ) Frequent Change
( ) No Stability
Occupation Prior to Imprisonment:_________________________________
Work While in Prison if any: _____________________________________
Other Employable Skills: ________________________________________
Highest Educational Attainment: __________________________________
Other Training/s Completed: _____________________________________
State of Physical Health but Mental Health shall be determined by Physician/
Psychologist of the Bureau of Corrections: __________________________
_____________________________________________________________
124
Extent of Participation: ( ) Principal ( ) Accomplish ( ) Accessory
Co-Defendants (Names, Disposition, Custody Status): _________________
_____________________________________________________________
Appellate Court _________________________ G. R. No. ______________
Expiration of Sentence with GCTA: MIN.______________________
Source/Position
Particulars
________________________________
____________________________
________________________________
____________________________
______________________Philippines,
________________________, 2000
Submitted by:
125
________
_____________________
N
ame and Signature
________
_____________________
Positi
on and Designation
______________________________
Position
Total ind:
Criminal Case(s)/ No(s)
6. Court(s): RTC,
7. Appealed to the Court of
Appeals/Judgement
8. Commencing:
9. Date Received:
126
10. Credit for Preventive Imprisonment
under RA 6127: 5 yr(s) 3 month(s) 6 day(s)
11. Expiration of Sentence(s) with GCTA:
(Act. No. 3816 and Special Credit under
Act No. 2409): Min: Max
12. Time Served with GCTA: 5 yr(s)
8 month(s) 3 day(s)
13. Time to be Served with GCTA:
Min: SERVED
Max 0yr(s) 3month(s) 12day(s)
Time to be Served without GCTA:
Min: SERVED Max
0yr(s) 3month(s) 28day(s)
14. Number of Previous Convictions: 0
For what crime(s):
15. Loss of GCTA: __________General
Conduct: _________ Where
Confined:NBP
16. PENDING CASES:
Case No. Cases Court
17. Co-accused (Name(s) & Prison No(s).:
18. REMARKS AND
RECOMMENDATION
____________________________________
____________________________________
Checked by: _________________ FILE NO
Date: _________________
Prepared By:
____________________ _________________
Chief, Computer Section Chief, Documents Section
127
___________________________
Date
NAME:_____________________Where Confined:___________
Prison No. _________
Residence: ____________________________________________
Civil Status:_______Birth Date: _______________ Birth Place:
____________________________________
Occupation: _______________ Age: ____ Religion: ___________
Edn. Att. _________
CRIME/S:
______________________________________________________
Crim.Case/sNo/s._______________________________________
Sentence/s MIN:_______________ MAX:___________________
MIN:_______________MAX:____________________
MIN:_______________ MAX:___________________
Court/s:_______________________________________________
Appealed to the Courts of Appeals: ____________________
Judgement:_____________Commencing:____________________
Date received: _________________
Credit for preventing imprisonment under RA 6127
_____________________________
Expiration of sentence/s with OCTA (ActNo. 3815 a Special Credit
Under Act No.
2409): Min:___________ Max: ____________________________
Min:___________ Max: ____________________________
Time served with OCTA : _________ years _______ months
__________ days
No. of prev. conviction__ For what crime/s:
____________________________________
Gen. Conduct: ____________________________________
Pending case/s (Crime. Case/s No./s &
Court/s):_________________________________
128
Co-accused (Name and Prison No.):
________________________________________
REMARKS & RECOMMENDATION: ____________________
____________________________________________________
____________________________________________________
___________
JailWarden
JUDGE
129
CRIME. CASE NO. ____________CRIME: __________
CRIME:__________________________
___________________
Director of Prisons
INFORMATION
The undersigned Persecutor II, of the City of ________
accused Juan De La Cruz, for the crimes of _______________,
commuted as follows:
130
certain _______ who is presently large and will be prosecuted
separately as soon as arrested, with deliberate intent, with intent of
gain and without the knowledge and consent of the owner thereof, did
than and there take, steal and carry away scrap iron plates all worth
P___________, belonging to _________________the damage and to
prejudice of the latter in the amount aforestated.
CONTRARY TO LAW.
City of __________ Date:___________________
prosec
utor
Prosecutor
APPROVED:
_______________________________
City Prosecutor
Witnesses:_________________Address:_______________________
Address of the Accused: __________________________________
CERTIFICATION
131
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
BRANCH 3, CEBU CITY
SENTENCE
SO ORDERED.
132
_______________
____
Judge
LETTER HEAD
CERTIFICATION
____
___________________________
Clerk of court
133
Republic of the Philippines
Province of Cebu
Cebu Provincial Detention and Rehabilitation Center
OFFICE OF THE PROVINCIAL WARDEN
Cebu City
CERTIFICATE OF DETENTION
________________________
Acting Provincial Warden
DETAINEE’S MANIFESTATION
For Republic Act no. 6127
134
1. That I am a detention prisoner of Bagong
Buhay Rehabilitation Center, charged for ______________
docketed an Criminal Case No. _______ before Branch
______, _______________, Cebu City.
2. That I am not a recidivist nor has been
convicted twice or more times of any crime.
3. That I have been fully appraised of the
conditions, regulations and disciplinary rules imposed upon
convicted prisoners.
4. That I voluntarily agree to abide by said
disciplinary rules imposed upon convicted persons so that I
may be given full credit of my preventive imprisonment
under the provisions of R.A. 6127.
In witness whereof, I hereunto sign this
instrument this ____ day of _________ 2002 at Bagong
Buhay Rehabilitation Center, Lahug, Cebu City.
________________________
Signature of Detention Prisoner
CERTIFICATION
_________________________
Jail Warden
135
SUGGESTED SUPPLEMENTAL READINGS:
136
Gerry D. Billy. Local Corrections And
Communities: Working Together. Corrections
Today (ISSN 0190-2563, USPS 019-640)
Published by the American Correctional
Association Inc., 4380 Forbes Blvd., Lanham, MD,
October 2000.
137
delivered at the Corrections Summit on 22 October
2002 at the Hyatt Regency Hotel, Pasay City in
celebration of 7th National Correctional
Consciousness Week.
138
Sponsorship Speech of Party List
Representative Loretta Ann P. Rosales on House
Bill 5114 which seeks the Abolition of the Death
Penalty, August 28, 2002 at the House of
Representatives.
139
Aquilino Q. Pimentel, Jr. The Unlucky 21: Time to
Review the Death Penalty. Criminal Justice
Journal, Vol. XVI 1998, p. 3-17.
CHAPTER II
COMMUNITY-BASED CORRECTIONS
140
based Non-Governmental Organizations and
People’s Organizations are the communities
organized, are to play a crucial role in the service
and protection of the people. The maintenance of
peace and order, in the protection of life, liberty and
property and in the promotion of the general welfare
are essential for the enjoyment of the blessings of
democracy.
141
“The role of non-governmental
organizations or what we may call, in a way, the
mobilized sector of the community pillar in the
criminal justice system cannot be overemphasized
vis-à-vis their telling impact on the rest of the
criminal justice system. In the absence of a militant
public to exert pressure on prosecutors, judges and
all personnel to speedily prosecute cases”…nothing
will happen.
142
years the blueprint has not completely been carried
out with.
143
through the full support and active participation of
the organized people at the grassroots. And the
mechanism to achieve this is the sustainable
implementation of all Sectoral Action Plans for
Moral Recovery Programs through the activation of
the barangay concept to make it more relevant in the
conduct of national affairs.
144
Through this project, Lupon members and
Barangay Chairmen will be armed with the skills
and knowledge to settle disputes, which, in turn,
will go a long way towards lessening the number of
cases entering the already overloaded prosecution,
court and corrections pillar. The bottom line of this
is a great reduction in budgetary requirements,
which the government can no longer afford to
sustain in the prosecution of cases and treatment of
inmates.
145
government. The task of the government, says the
Plan, goes far beyond the mechanism of law
enforcement but involves the importance and
greater participation of the community for effective
social defense.
146
that the community plays not only for effective
corrections but for the entire criminal justice system
as well. In fact, it is not only important, it is the only
way to effectively and cost-efficiently contain the
scourge of crime.
147
Truly without the active involvement of the
community, the criminal justice system would
simply not work.
148
specialist at the Virginia Department of Corrections
Academy for Staff Development.
149
One jail facility that picked up the idea of
involving the family is the Licking County Jail in
Newark, Ohio, which is worth mentioning here.
One of its innovative treatment programs for the
facility residents is to bring in the separated
family of the inmate so they could spend time
together two times a week. In these visits, the
family creates learning and bonding opportunities
aimed to make the family intact and serve as a
useful mechanism for successful re-entry of the
offender to the community.
150
much disunity, backbiting, jealousy, and pride
towards one another. Neighborhoods no longer
exist. We have become afraid to be our brother’s
keepers so that crimes continue to proliferate even
in broad daylight. Criminals know that most of the
people have become a bunch of cowards that they
ply their nefarious trade without any tinge of fear
that people who witnessed their dastardly acts will
stand as witness against them in court. And for the
few exceptions, the law even has to pass a Witness
Protection Program to protect witnesses against
criminals who have become too bold.
151
lot are fenced too high and when we can afford a
car, we have its glasses tinted so that we can be safe
from the prying (or is it frying?) eyes of others. We
call this privacy? No, it is siege mentality, which is
the aftermath of losing our sense of neighborhood or
community. It is the result of a strong sense of
insecurity and distrust, of playing safe brought by
the lack of peace and order.
152
whatever good the criminal justice pillars will ask
them to do. Let us take this as opportunity to
organize and mobilize them for community
protection against crime and against unscrupulous
traders and businessmen who are exploiting and
impoverishing the people.
153
“Magtatagumpay ang iilang masasama kung ang
nakararaming mabubuti ay magsasawalang kibo.
154
understanding that by engaging in a life of crime,
this offender that they ostracized has also affected
the community members, their families and loved
ones and even themselves personally too. Therefore,
crime is a two way process that affects every one
and that needs to be understood by everyone before
it can be exorcised from the community. It is
important for inmates to feel that the public has not
forgotten them.
155
acceptance from criminal justice practitioners, is
described as building healthy communities.
156
the American Correctional Association in the entire
United States. While still in the planning stage for
the construction of this facility about two decades
ago, it was already considered that this jail would
operate in a manner different from the traditional
means of incarceration. To realize such, requires a
wide range of meaningful treatment programs for
the inmates, who in turn, need the active
participation of the community.
157
coalition on paper or it maybe an existing coalition
that is only good at meeting and making plans but
not competent enough when it comes to
implementation.
158
and in the rehabilitation of offenders. A strong
spirit of volunteerism should surface in the
community and can only be achieved through
awareness building and conscientization process.
Part and parcel of this education process is the
realization by the community that effective
treatment and rehabilitation of offenders
ultimately benefit everyone.
159
producing healthy, positive, and socially responsible
children and adolescents.
160
that this, in the long run, will spell benefits for the
public.
161
understanding of the situations facing correctional
officers and offenders. Of particular value are open
houses on special occasions for media practitioners,
political officials (especially those hostile toward
corrections but holding positions that are valuable to
corrections and the criminal justice system),
prosecutors and judges, local business professionals,
academic community, church leaders and special
interest groups that view themselves as correctional
watchdogs.
162
cooperation, working together of the inmates and
the community. This is very effective in fostering
familiarity, friendship, favorable public opinion for
the inmates and the corrections service. These
community activities could also be capped by
allowing the inmates to perform cultural programs
and speak to the audience to explain their situations.
To achieve maximum impact, maximized media
coverage should be worked on.
163
The inmate will then proceed on to talk
about the hardships and loneliness of life behind
bars, about the high incidence of suicides in prison,
about how their lives were destroyed, how they lost
their friends, family and how they miss their
children. The inmate will talk about how society
and the economy became severely affected because
so many people have become like him. That peace
and order became a problem and made the people
impoverished because of this. This kind of talk will
surely discourage potential offenders among the
audience and contribute to the reduction of crime.
164
public opinion that would be valuable in the success
of their work.
165
In the efforts to enlist the support and
participation of the community, the role of the
media is extremely important for two reasons. One
is that the media has the capacity to reach out to the
widest segment of the population. Secondly, the
media is a very strong force in the formation of
public opinion. The media presents opportunities
that can lead speedily, easily and surely to a more
positive image and increased public support.
166
However, it is not easy to tap the media to
become a force in corrections work. For one, there
is lot of corruption in the media. Envelopmental
journalists abound. They are known in the
profession as the ACDC mediamen. ACDC means
Attack and Collect, Defend and Collect. A journalist
attacks somebody by writing unfavorable stories on
that somebody because he was paid. The one
attacked in the press will also pay a media man to
defend him in exchange for a fee.
167
love which only the parents especially, the mother
can give.
168
very young can achieve correcting society as a
means to correct criminals. The curriculum in the
schools for values education is a passive one; it is
not enough to make our people morally upright.
169
follow the rules even with nobody looking.
However, if a person does not believe in God, even
if many guards are assigned to watch that person, he
will commit crime at the slightest moment he sees
the chance.
170
volunteer mentors come from religious groups and
they are supported by law enforcement and
corrections agencies.
171
them to come up with action project to deal with the
problem.
172
convicted offenders. It has everything needed for an
effective corrections work: funds, human resources,
skills, product, employment, etc. Moreover, it will
be valuable in training inmates and giving them life
skill experiences that will surely prove valuable in
their effort to successfully reenter society upon
release.
173
for inmates at the said facility. The computers are
discarded by various state agencies, which are
turned over to the Surplus Property Division of
Tennessee. The Surplus Property Division in turn
forwards these to the South Central where inmates
trained by the Education Department clean, repair
and upgrade these computers.
174
death, the employers are not responsible because it
is the prisons that take care of these matters.
175
released offender has successfully transferred his
prison livelihood project in the free society.
176
comes. So that instead of the businessmen
swallowing all these government agencies, they
should be given to NGOs. As a first step, the
following should be adopted so that the government
will not be caught with its pants down:
177
neighbors and the community at
large.
178
the convicts they are supposed to be
correcting, the Ombudsman and the
Commission on Audit should also be
tightly guarded. The best agency to do
this is the CELDA which was one of the
recommendations in the earlier chapters;
179
civic organizations, church, schools,
business organizations, etc;
180
campaign on the community to raise
the awareness of the community on
the ill effects of crime on the
economy and moral fiber. How it
stunts economic development that
will make life harder to bear and that
economic progress can only be
attained in a crime-free atmosphere;
181
security detainees and inmates are
cleanliness campaign, tree-planting
or reforestation campaign, repairing
school buildings whether public or
private in coordination with the
DECS, market buildings in
coordination with the LGUs, doing
road repairing work in coordination
with the DPWH in exchange for
some subsidies to the prison or jail
maintenance, harnessing some
detainees for speaking in schools or
communities with the end in view of
“terrorizing” the people to become
afraid of committing crimes;
182
fact, in some areas even private
hospitals and schools are receiving
support from the LGUs;
183
The idea for this concept is taken
from the Public Safety Coordination
Councils in the state of Florida. All
the 67 counties of Florida have
organized this council in compliance
with the Community Corrections
Partnership Act of 1991, which was
passed by the Florida State
Legislature to ensure the active
participation of the community in the
treatment and rehabilitation of
offenders.
184
The group should have a cadre who will be a
policeman assigned in the community. Policemen
should not only be assigned at the town centers but
every barangays should have one to supervise the
barangay police force and the CJGs. The residents,
the CJGs, the Barangay Council for his
performance, will periodically evaluate the
policeman assigned in the barangay and low rating
will mean administrative sanction against the
policeman for inefficiency in controlling crime.
185
the victim and full
participation by the victim,
offender and community.
The restorative process of
involving all parties is
fundamental to achieving the
restorative outcome of
reparation and peace.
Restorative Justice is different from
contemporary criminal justice in several
ways.
First, it views criminal acts
more comprehensively –
rather than defining crime as
simply lawbreaking, it
recognizes that offenders
harm victims, communities
and even themselves.
Second, it involves more
parties in responding to
crime- rather than giving key
roles only to government and
the offender, it includes
victims and communities as
well.
Finally, it measures success
differently- rather than
measuring how much
punishment is inflicted, it
measures how much harm
are repaired or prevented.
186
Three Principles Form the foundation for RJ
ON RESTORING DIGNITY
187
entrance into prison. Literally, the face is lost and
good name tarnished. It takes years to regain such
self-esteem broken by the thought of rejection and
anger. What the volunteers in prison service do is
to let the prisoners realize they have not forfeited
their status as children of God. We always say,
“We condemn the sin but not the sinner.” Despite
the person’s wrongdoing, he or she does not lose the
dignity of being created unto the image and likeness
of God. A person may be weak but not necessarily
wicked. Whether or not a person is guilty of a
crime, he remains a child of God worthy or being
forgiven after an act of reparation and
administration of justice.
HEALING HURTS
188
On the part of the prisoners, hurts are undeniable.
There are at least three pains that a prisoner
endures: (1) The pain of having lost dignity, (2)
the pain of being separated from loved ones and
from the outside world and (3) the pain of having an
uncertain future.
189
ties, it is a pain to be separated from our families. If
going abroad for greener pastures already creates
such a pain, a person who is forced to leave his
family for detention experiences much. It is indeed
painful if not totally traumatic. When I was in
Rome for my studies, I experienced the agony of
being away from my loved ones. Believe you me; it
was unbearable. I was not imprisoned for a crime.
It was only an act of obedience to my bishop. But I
felt I was jailed. I would, therefore, imagine how
difficult it would be for an inmate to stay in prison.
190
help them overcome this pain; it is through our
sharing of the Word of God that we can influence
their thoughts and attitude. We can give them hope.
BUILDING COMMUNITY
191
the community. Sharing of one’s faith experience
drawn from an insight on the Word of God creates
that fraternal bond among people who share the
same struggles and aspirations. There are other
means known to you who directly work for the
prisoners. I feel it is superfluous to mention them at
this juncture.
ANNEX “A”
-Manila Bulletin-
192
If detention were necessary, the youth offenders
would be transferred to youth detention homes set
up by local governments and non-government
organizations.
193
An initial amount of P50 million was set aside for
the creation of the JJWC.
194
Non-institutional or
community-based
approach
Non-institutional correction of
offenders, on the other hand, is under the
Rehabilitation Bureau, which is also an
agency of the Ministry of Justice. As its
name implies, the Rehabilitation Bureau
is in charge of the treatment of offenders
that are not confined in prison facilities.
This bureau supervises the
administration of probation, parole and
after-care services for ex-prisoners who
were already released from prisons. It
should be noted that only about five
percent of sentenced adult offenders
come under imprisonment, the rest are
screened off and dealt with by other
means instead of incarceration. On the
other hand, sentenced juvenile offenders
who actually go to prison are even
smaller at only less than one-half of one
percent.
195
matters, and encouraging crime
prevention activities. It clarified the
purpose of rehabilitative treatment …the
need for professional services were
clearly recognized. To ensure effective
probation and parole services, the above-
mentioned law also required regularly
employed probation officers as the
mainstay of the system who has
sufficient expertise in behavioral
sciences. While volunteer workers were
assigned a subsidiary position with
professional probation officers.
196
adult offenders, the Adult Parole Board
and the Adult Probation Office became
responsible for screening inmates age 23
and older for parole and subsequently
supervising their release.
197
Regional Parole Boards are the ones who
decide whether to release an inmate on
parole based on the recommendation of
the classification committee and the
investigation report. The probation officer
who will handle the candidate upon
release prepares these documents.
Inmates to be released on parole will
then undergo a pre-release orientation
program for about two weeks prior to his
release.
198
bodies are under the Public Security
Examination Commission, which is an
organ external to the Ministry of Justice.
199
1. standardized planning and
implementation on matters concerning
budget, staff and most importantly, the
treatment programs for inmates.
2. standardized qualification,
examination and recruitment of
appropriate correctional personnel.
3. systematic training to ensure
that correction staffs possess the
knowledge and skills required to perform
duties well.
4. improvement of institutional
managerial skills through interaction
among the different penal institutions.
5. improvement of treatment
methods and techniques through mutual
cooperation and assistance between
penal institutions.
200
Participants of the Crime Prevention
Campaign (1978-1998)
201
5000000 Series6
Others
Speech contest
4000000 1006100
Public lectures
Round table discussion 1013684
202
Table 2. Number of Cooperative
Employers by Occupation (1998)
Occupation Number %
Construction 571 85.9
Manufacturing Industry 34 5.1
Service Entrepreneur 13 2.0
Wholesaler, retailer 1 0.2
Constructor of 7 1.1
electricity, gas and 7 1.1
water supply 1 0.2
Transportation 0 0.0
Agriculture, forestry & 31 4.7
fishery
Mining Industry
Others
Construction 571 85.9
Manufacturing Industry 34 5.1
Service Entrepreneur 13 2.0
Wholesaler, retailer 1 0.2
Constructor of 7 1.1
electricity, gas and 7 1.1
water supply 1 0.2
Transportation 0 0.0
Agriculture, forestry & 31 4.7
fishery
203
Mining Industry
Others
Total 665 100.0
Occupation Number %
204
Test Your Self…
Exercise F
205
___________ 5. What workshops operated
outside of the prison walls, which are
either owned and managed directly by
the state or managed by private sectors
cooperating with the prisons.
206
11,
12.
13.
207
facilities even built separate visitation
areas so that children and their
incarcerated mothers can be given the
chance to spend memorable times to
play, read or do worthwhile things
together. Overnight visits in the context
of parenting programs are also allowed.
208
rampant and posing a menace to society.
These soft crimes include possession of
small doses of drugs, credit card abuse
and other petty criminal mischiefs. This
new jail system was put in place to
save on cost if the soft offenders
were confined in expensive high-
security prisons. Another benefit is
that these special inmates need not
be exposed to the hardened
criminals or recidivists, which might
influence them to become criminal-
minded upon their release.
209
are “caged” in cells that are
padlocked while guards watch 24
hours to ensure that the cells remain
padlocked. In this approach, staffs
possess excellent interpersonal
communication skills and maintain
good relations with the inmates
based on friendship and respect. This
is the basis of a safe and orderly facility
rather than threat and coercion.
However, just in case, prison security is
compromised, there is a highly trained
team to respond to the emergency with
dispatch to quell any untoward incident.
210
information and documentary shows
for its community partners.
211
Communicable Diseases in Prisons.
To enhance the crew’s talent, a
journalism/radio/TV professional was
hired as consultant to train the crew
on the use of cameras, TV show
production, scriptwriting, music and
graphics. Nevertheless, what is
unique in PNN is that mostly the
inmates themselves operate it.
212
calculating and scheming. In fact, the
state of Wisconsin has them too.
213
specialists were gathered to share their
collective knowledge, experience and
skills in designing the super maximum
prison.
214
area and in case of alarm, will
automatically pan, tilt and zoom the
area.
215
Another Supermax Prison, the
Colorado State Penitentiary (CSP),
worked on the supermax inmates by
starting with research on the type of
anti-social personalities they were
dealing with. They studied the inmates’
value systems that drive them to such
fits of uncontrollable behavior. They then
designed programs that jibed with the
type of anti-social personalities in CSP.
216
period while the failure rate of other
supermax prisons is 33 percent. Another
measure of its success is the fact that
CSP was the first supermax prison to be
accredited by the American
Correctional Association (ACA) and
only recently, was again reaccredited.
Furthermore, CSP was included in the
1997 ACA publication, Best Practices:
Excellence in Corrections. And lastly, CSP
has been the object of visit by criminal
justice practitioners from far and wide.
217
In the face of rising drug use in the
early 1970s, the state of New York
passed the Rockefeller Drug Law
making it mandatory for sentenced
drug offenders to spend from 15
years to life in prison for selling at
least 2 ounces of drugs or
possessing at least four ounces. In no
time, the United States used this as
model for a national law. This was copied
by the nation. As a result, approximately
150,000 drug offenders were sent to
prison every year increasing the prison
population four times.
218
violent offenders instead of prison
time, should turn to intensify
prevention and education programs,
and putting up voluntary treatment
centers.
219
minded approach failed to bring about
positive change in the offender. In 1986,
a team of psychologists reviewed the
state’s correctional system practices. The
researchers came up with
recommendations to address the
system’s weaknesses and failures. Thus,
the Cognitive Self-Change (CSC)
Program was born.
220
They are familiar and maybe even
friendly with the inmates considering that
they are exposed to each other most of
the time. To be effective, these line
people are given prior training on how to
do the program while the mental health
professionals and psychologists provide
facilitation, guidance and supervision.
221
and examine the thinking and behavior
that went with the crime. And then the
group members will be made to describe
the kind of thinking and reaction they
should hold in order not to commit the
same response that led them to where
they are now. In the process of
undergoing CSC, group members help
one another in mastering its intricacies.
222
rather than raging emotion that
leads to uncontrollable fits of anger
and then violence, trouble and
crime.
223
offenders. This in turn led to a
realignment of resources away from the
expensive incarceration mode to the
treatment mode.
1. The cost of
certain services such as probation and
out-of-home placement shall be
shouldered by the parents;
2. Courts may
order the families of youthful offenders to
224
attend counseling together with the
offender;
3. The health
insurance policies of parents may also be
accessed to pay for the juvenile
offender’s upkeep while in the custody of
the state. This will include medical care
and drug treatment expenses for the
juvenile offender.
It is hoped that by hurting the
pockets of parents, they will become
more conscious and careful in nurturing
responsible youths.
225
prepared applicants. The Connecticut
Department of Corrections (CDOC)
ensures this through a partnership with
the statewide community college system.
Together, corrections and academe
developed a criminal justice pre-
employment curriculum and internship
that gives the students practical
knowledge, skills and attitude to become
a well-grounded and adequately
prepared entry-level corrections officer.
226
system where a released inmate will not
be found wanting in whatever support
from family and relatives including even
the very distant ones. In the US, a person
becomes independent upon reaching the
age of 18 and he has to get out of his
parents’ house whether he has a job or
not. Once a person becomes
independent, no support is ever
extended to him even by his own parents
or siblings. So much so that when a man
becomes incarcerated, there is no family
to rely on for support especially at the
most vulnerable time in the few months
after his release.
227
educational programs offered in
Florida state prisons.
1. improve p
reducing idleness and providing
incentives for good behavior;
2. reduce st
utilizing inmate labor to produce goods
and services; and
3. improve i
closely resembling work set-up to outside
business enterprises.
228
learn solid technical skills and actual
work experiences needed to get a
job upon release. They also acquired
the skills on how to conduct
themselves responsibly especially
with bosses and fellow workers that
are not easy to get along with. In
short, they are taught the
interpersonal skills to go through
life in a positive and acceptable way.
229
turned out include furniture, upholstery,
metal factory, cut and sew operation, and
signs. Before an inmate could be
accepted to work, however, he must be
of good behavior and complies with all
the treatment and education
programming he is designed to undergo.
The Louisiana State Penitentiary at
Angola is also another prison facility that
is comprehensive in its treatment and
rehabilitation program for its long-term
inmates. They are provided with
meaningful educational and training
opportunities, gainful work, good
recreational activities, maintain positive
family relations, and spiritual formation.
To maintain order and discipline, each
inmate is his “brother’s keeper.” Every
inmate is responsible for the actuations
of all the others. There is collective
responsibility and collective guilt. The
infraction of one is the infraction of all
and their privileges are collectively
withdrawn when this happens. This
moves the inmates to discipline their
ranks and report to prison authorities
anyone who threaten the stability of the
facility. For example, if a weapon will be
found that have been produced in a
workshop, the entire area will be closed
thereby affecting the work of all those
assigned there. This in turn will affect the
income of the inmates working there.
230
Inmates are then in no mood to violate
the rules, knowing that other inmates will
suffer. And they are discouraged from
doing this knowing that other inmates
who want to ensure that their privileges
are available will always be watching and
apt to report them.
231
These older inmates but trained to
become wiser has been programmed to
become positive role models for newly
arriving, younger, laden with anger
inmates. The prison staff makes use of
their services and training to give
orientation to the new arrivals, serve as
counselors, tutors, vocational instructors
and religious ministers for those who
graduated from the bible college.
232
outside and that the traditional classroom
experience is not effective with these
special learners. With SAFETY-NET,
learning is no longer confined to the
traditional styles of reading for the entire
class but has become interactive, fun and
challenging. There is a wide array of
programs, teaching aids and lesson plans
available on the website along with
discussion forums and a place to share
student projects. Teachers in every
subject will find readily available
resources to help them reach students
who normally would not imbibe
knowledge in traditional classroom
settings and would need more than a
written report of materials they have
studied to learn. The program also allows
teachers to participate in professional
development workshops and seminars
through these facilities.
233
Test Your Self…
Exercise G
234
___________ 1. What
Medium Security male
prisoner in the state of Ohio
operates a closed-circuit
video television station called
Prison News Network
Broadcasting Program.
235
recommended for violent, high-risk
offenders.
236
job upon release. They also acquired the
skills on how to conduct themselves
responsibly especially with bosses and
fellow workers that are not easy to get
along with them.
South Africa
2. affectionate family
cooperation.
237
The community should be able to
make the inmate feel accepted upon his
return. The business community in
particular should be able to give the
chance to the released youth to be
employed and prove himself worthy. The
RC program has tapped an employment
agency to place the offender for work
commensurate to his qualifications and
expectations upon release. As part of its
community support building efforts, RC
program embarked on information
campaign in schools, offices,
communities and even international
audiences with speakers talking from
their personal experiences who led a life
of violence and crime making the
message very forceful but very
convincing.
238
values and morals combined with life
skills building exercises aimed at
regaining the offender’s self-respect and
sense of responsibility. The second
activity is a three-month self-study effort
through experiential learning but with
facilitated group discussions designed to
lead to self-discovery and self-
transformation. Part of the activities is an
emotional intelligence workshop.
239
Sweden
1. Probation.
240
2. Probation with community
service.
241
offenders with drug abuse problems
undergo compulsory treatment while
under probation and be healed as a
condition for not going to prison to
serve his sentence.
5. Conditional sentencing.
This sanction is applied to first-time
offenders where the sentencing
court see that the offender will not
likely to commit another crime. This
conditional sentencing penalty will
be revoked if the offender commits
another crime within two-years from
his original sentencing. The offender
242
is not supervised and virtually scot-
free. Sometimes the penalty is
combined with community service as
a way to repay for the offender’s
misdeeds. In other times, the
penalty can also be combined with a
fine if the offender does not want to
render community service; either
out of a sense of shame or the
offender’s circumstances renders
him unable to perform such service.
243
Canada
244
Test Your Self…
Exercise H
245
successfully return young offenders back
into mainstream society.
246
___________ 8. The tasked are supervising
the treatment of offenders charged with
prostitution-related offenses, possession
or trafficking of small amounts of drugs,
and other similar non-violent crimes.
247
SUGGESTED SUPPLEMENTAL READINGS:
248
Correction Bureau, Ministry of Justice,
Japan. Correctional Institutions in Japan.
1990, p. 7.
249
Lesley Ann van Selm. Reintegration
Center for South Africa’s Juvenile
Offenders. Corrections Today (ISSN 0190-
2563, USPS 019-640) Published by the
American Correctional Association, 4380
Forbes Blvd., Lanham, MD 20706-4322,
July 2001.
250
Thomas Powell, Jack Bush and Brian
Bilodeau. Vermont’s Cognitive Self-
Change Program; A 15-Year Review.
Corrections Today (ISSN 0190-2563,
USPS 019-640) Published by the
American Correctional Association., 4380
Forbes Blvd., Lanham, MD 20706-4322,
July 2001.
251
Blvd., Lanham, MD 20706-4322, February
2001.
252
4380 Forbes Blvd., Lanham, MD 20706-
4322, June 2002.
253
Rehabilitation Bureau, Ministry of Justice,
Japan. The Community-Based Treatment
of Offenders System in Japan, 1999.
254
255