MODULE I

INTRODUCTION TO NON-INSTITUTIONAL CORRECTION

At present, correction as a pillar of our justice system is in front of so many

problems and controversies. Among of its palpable problems are overcrowded jails
and prison facilities. Despite of public clamor, the government cannot afford to
lock-up all convicted individuals. Society has all the reasons to condemn convicts
but in so doing, they are just pushed for the continuance of their unlawful
activities. Study shows that many convicted persons who have been incarcerated in
jails or prisons, when they return to community are mostly reengaged to the same
kind of offense or to some other type of anti-social activities which if not with the
same degree with the first offense, is more serious. It is also an accepted fact that
putting all convicted individuals in jail or prison facilities will be prejudicial to the
government considering that they consume so much of government funds and
resources. These are the common reasons for the promotion of community-based
correction approach in lieu of institutional correction.

Community-based corrections are non-institutional based corrections which

are being considered as the best alternative for imprisonment. It is a
non-incarcerate system of correction. It is described as a method of rehabilitating
convicted felons without a need of placing them into jail or prison facilities. It is
likewise referring to any sanctions in which convicts serve all or a portion of their
entire sentence in the community. Community based correction is a program which
deal with supervised rehabilitation of convicts within the community.

At the end of this Chapter, students are expected to have:

1. Familiarized the concept of Criminal Justice System and recall its purpose
especially to correction.
2. Defined correction and identified its role as component of criminal justice system.
3. Illustrate and understand the present Philippine correctional set-up.
4. Grasp the concept and program of the community-based correction, its
advantages, and disadvantages.
Lesson 1

What is Criminal Justice System?

Criminal Justice System is defined as the machinery of the State or
government, which enforces the rules of conduct necessary to protect life and
property and maintain peace and order.

What are the five pillars of the criminal justice system in the Philippines?
In the Philippine Setting, the following are the pillars or components of the
Criminal Justice System:
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community

The first four components are the so-called formal Criminal Justice System,
Outside the formal organization, however, the community is the basic element or
informal pillar and considered the fifth component or pillar of the entire Criminal
Justice System.

The three (3) major components of the American CJS

The following are the major components of the American. Criminal Justice
System:
1. Law Enforcement
2. Courts
3. Corrections

Interrelationship of the different pillars

Some of the most crucial problems in the criminal justice system have
occurred as the result of the failure to recognize the effect that a change in the
system do not operate independently; but rather, the functions overlap.

If any one of the pillars is dysfunctional, the rest of the pillar suffers.
Surely, the same will result to a miscarriage of justice.

Although there is generally a broad agreement over the goals of the CJS,
there is far less agreement over the how best to attain these goals. Based on the
principles of check and balances, the enforcement, prosecution, judicial, and
correctional aspects of the systems are not vested within the authority of the same
agency.
 For example, giving the police the authority to arrest. prosecute and to
reform individuals would be an unacceptable practice. Such a system would
obviously pose a dangerous threat to individual liberty in the free society.

In such a case, the police will be acting as the enforcer. prosecutor, judge,
and executioner at the same time. This system will be in essence a "sidewalk
justice". This poses the threat of human rights violations being committed.

The Philippine CJS setting:

⮚ The Law Enforcement, particularly the Philippine National Police (PNP) is
under the Department of Interior and Local Government (DILG); while the
National Bureau of Investigation is an agency attached to the Department of
Justice (DOJ).
⮚ The Prosecution Service is under the DOJ, while the OMBUDSMAN is a
Constitutional body independent from even the three major and co-equal
branches of the government. On the other hand, the Public Attorney’s
Office (PAO) is also under the DOJ. Thus, the prosecution, generally
considered as the representative of the State in criminal cases, and the
Public Attorney’s Office, which also generally represents the accused or the
respondent in criminal cases belong to the same department of the
government.
⮚ The Courts, meaning the regular civil courts, including the Sandiganbayan2
and Special Criminal Courts 53, are under the supervision and control of the
Supreme Court.
⮚ The Correctional Institutions are either under the DOJ or the DILG:
● The Bureau of Corrections or the National Penitentiary is under the
DOJ.
● By virtue of R.A. 6975, the Bureau of Jail Management and Penology
(BJMP) oversees the City or Municipal Jails while the Provincial
government oversees the Provincial Jails Both are under the DILG.7
The Department of Social Welfare and Development (DSWD) is also
now deeply involved in the correctional process especially with
Children in Conflict of the Law (CICL) by virtue of R.A. 9344 or the
Juvenile Justice Welfare Act.

Primary Goals of the CJS

The following are the primary goals of the Criminal Justice System (CJS):
1. To protect the members of the society. CJS is the formal instrumentality
authorized by the people of the nation to protect both their collective and
individual well-being.
2. The maintenance of peace and order. There is a need for political and
institutional stability as a goal of an organized society. Because crime and
disorder disrupt stability in the society, we have given the CJS the authority
to act as society's representative and to serve as the instrument by which
the existing order is maintained.

Enumerate the sub-goals or secondary goals

The following are the sub-goals of the Criminal Justice System:
 1. The prevention of crime
2. The suppression of criminal conduct by apprehending offenders for
prevention is ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6. The correction by socially approved means of the behavior of those who
violate the law.

Philosophical Approaches behind the CJS

The following are the Philosophical approaches behind the Criminal Justice
System.
1. The Adversarial Approach
The adversarial approach assumes innocence. The prosecutor
representing the state must prove the guilt of the accused. This
approach requires that the proper procedures are followed- procedures
designed to protect the rights of the accused.

The adversarial approach embodies the basic concept of equal

protection and due process. These concepts are necessary in order to
create a system in which the accused has a fair chance against the
tremendous powers of the prosecutors and the resources of the State.

Theoretically, the observance of due process will prevent the

prosecutor from obtaining a guilty verdict for an innocent defendant.
However, justice does not always prevail.

2. The Inquisitorial Approach

The inquisitorial system assumes guilt. The accused must prove that they
are innocent. This is the opposite of the adversarial approach. The
inquisitorial approach places a greater emphasis on conviction rather
than on the process by which the conviction is secured.

Distinguish the above philosophical approaches of the CJS

(a) As to the presumption:
The Adversarial Approach assumes the accused to be innocent, while the
Inquisitorial Approach assumes the accused to be guilty.

(b) As to the burden of proof:

The Adversarial Approach places the burden on the public prosecutor to
prove the guilt of the accused, while the Inquisitorial Approach places the
burden to the accused in proving his innocence.

(c) As to the emphasis:

The Adversarial Approach places emphasis on the process, while the
Inquisitorial Approach places. emphasis on the conviction of the accused.

What is the philosophical approach adopted by our CJS?

 Our Criminal Justice System adopts the Adversarial Approach. This is obvious
due to the greater emphasis on the observance of due process and of the litany of
rights in our Constitution's Bill of Rights.

Two principles of law that must be adhered to in our CJS?

The two (2) principles of law that must be adhered to in our criminal justice
system are the following:
1. The due process of law; and
2. The equal protection clause.

The principle of due process of law

Essentially, the concept of due process means that those who are accused of
the crimes and those who are processed through the criminal justice system must
be given the basic rights guaranteed by the Constitution.

As explained by the Supreme Court, the due process clause is elastic and
flexible to meet varied contingencies.

In essence, due process simply means compliance with the requisite NOTICE
and HEARING. The essence of due process is found in the reasonable opportunity to
be heard and submit any evidence one may have in support of one's defense. What
the law prohibits is not the absence of previous notice but the absolute absence
thereof and the lack of opportunity to be heard.

Criminal due process refers to the observance of Rules. of Criminal

Procedure issued by the Supreme Court of the Philippines and the Bills of Rights
embodied under Article III of the Philippine Constitution, and other statutes. The
criminal due process must be observed from the moment an investigation is
conducted up to the imposition of penalty and release of the offender.

Concept of equal protection clause

The equal protection clause in essence declares that the state may not
attempt to create or enforce statutes against a person solely because of specific
characteristics such as race, age, or sex. According to the Supreme Court, it must
be based on some reasonable classification.

The concept of 'criminal due process'

Criminal due process requires that the accused be tried by an impartial and
competent court in accordance with the procedure prescribed by law and with
proper observance of all the rights accorded him under the Constitution and
applicable statutes (ex. denial of preliminary investigation when proper).

The basic ingredient of criminal due process is a trial conducted in

accordance with the rudiments of fair play.
Who can invoke his right to criminal due process?
Any person under investigation of the crime may at all times invoke his right
to due process. The Bill of Rights (including the right to due process) is a litany of
weapons, which a person may use in order to resist or defeat any abuse or misuse
of governmental power. The Bill of Rights is foundationally directed against the
government.

Criminal Justice System Models

What are the two most popular models of CJS?
The following are the most popular models of Criminal Justice System:
1. The Concept of Crime Control Model
This is based on the idea that the most important function of the CJS is
the repression of criminal conduct.

The model is justified by pointing out that the failure of the police and
other agencies of the criminal justice to bring the criminal conduct under
control leads to the breakdown of the public order, and, as a result, the
disappearance of social tranquility, which is an important condition of
human freedom. In this model, the administration of criminal justice must
stress "efficiency". increased capacity to apprehend, try. convict and
dispose of a high proportion of criminal offenders. The emphasis is placed
on speed and finality in dealing with those accused of the crime.

In this model, procedural issues such as the rights of the accused, which
some people blame as the culprit that allows offenders to escape justice,
must be secondary to protect society and control crime. The supporters of
this model contend that the collective rights of the society must take
precedence over the rights of the individual; where there is conflict over
this issue; collective public safety, immediate protection of the society and
general maintenance of public order is the primary consideration.

Underlying the assumption of this model is the feeling that the offender
is guilty- an assumption that contradicts the basic presumption of
innocence that is supposed to surround the accused under our system of
criminal justice.

The crime control model promotes punishment. Deterrence serves as the

philosophical underpinning of this model. The justice process is quick and
generally informal

2. The Concept of Due Process Model

It has the features of an obstacle course. Under this model, each of the
stage of the criminal justice process from arrest, prosecution, through the
courts disposition of the accused, is designed to present formidable
impediments to carrying the accused any further along in the process.

The primary consideration of the due process model is to protect the

rights of the accused, the individual freedoms and the general consideration
of liberty, the basic right. of an individual. However, this results to the delay
in the administration of justice.
 The saying that justice delayed is justice denied is often heard and
hurled as a criticism against this model. This model presumes that people
are considered basically good. As such, individuals are presumed innocent
until proven guilty.

Its primary concern is the rehabilitation and integration of offenders

back into society, and more particularly in assisting law violators to make a
deliberate conversion to a more responsible lifestyle.

The justice process is deliberate, formalized, thorough, and

individualized. It emphasizes treatment and not punishment of the
offenders. Treatment entails the establishment of community-based
alternatives to incarceration.

It must be stated that there will be guilty persons who will escape
punishment, and some guilty persons will be punished less severely than
they should be. But on the other hand, there will be fewer innocent persons
punished, and the number of guilty persons punished more severely than
they deserve will also be diminished.

What is the difference between the two?

(a) As to quality control:
Packer views both the systems as striving for the quality control in
very different ways. He suggests that the due process model emphasizes
"reliability" (i.e., society must be willing to live with the fact that some
guilty offenders will be found innocent in order to ensure that the innocent
persons are not unjustly convicted),

Whereas the crime control model emphasizes "efficiency" and

productivity (i.e., society must be willing to accept the fact that some
innocent people might well be incorrectly found guilty, but that the overall
improvement in the administration of justice and, supposedly, the
protection to society, would more than compensate for such mistakes).

(b) As to the primary concern of protection:

The primary concerns of the due process model are the protection of
individuals, individual freedom, and general maintenance of liberty.

Whereas the concern of crime control model is the collective rights of

the society that must take precedence over the rights of the individual;
where there is conflict over this issue, collective public safety must be the
first consideration.
 (c) As to the assumption of guilt or innocence:
In the Due Process Model, people are considered. basically good.
Individuals are presumed innocent until proven guilty.

Whereas in the Crime Control Model individuals are presumed guilty

until proven innocent, and the concern is with forcing conformity through an
external deterrence system
(d) As to the promotion of treatment/ punishment:
In the Due Process Model, the emphasis is on the treatment and not
the punishment of the offender. The concern is rehabilitating and
integrating offenders back into society, and more particularly in assisting
law violators to make a deliberate conversion to a more responsible
lifestyle. The justice process is deliberate, formalized, thorough, and
individualized. Treatment entails establishment of community-based
alternatives to incarceration.

What criminal justice model do we adopt in the Philippines?

The Philippines adopts the Due Process Model in its criminal justice process
Lesson 2

Correction as one of the pillars of Criminal Justice System is sometimes

considered as the weakest pillar. This is so because of its failure to deter
individuals in committing crimes as well as the reformation of inmates as evident
by the increasing number of inmates. Hence, the need of penal reforms to
rehabilitate inmates and transform them to become law-abiding citizens after
their release.

WHAT IS CORRECTION?
Correction is the branch of the administration of Criminal Justice System is
concerned with the responsibility for the custody, supervision, and rehabilitation
of convicted offenders. It is also defined as the STUDY OF JAIL OR PRISON
MANAGEMENT AND ADMINISTRATION as well as the rehabilitation and reformation
of criminals.

Correction as a process, is the orientation of the criminal offender to prevent

him or her from repeating his delinquent actions without the necessity of taking
punitive action but rather the introduction of individual measures of reformation.

Further, it is defined as a GENERIC TERM that includes all government

agencies, facilities, programs, procedures, personnel, and techniques concerned
with the investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders.

PURPOSE OF CORRECTION
1. Deterrence
 Concept of Deterrence
Deterrence is one of the most meaningful principles of corrections. Its
concept is that punishing the criminal will reduce the incidence of criminal
behavior in a society.

Two major applications of deterrence

a. The concept of general deterrence
This can be thought of as the power of criminal law and the agencies
of criminal justice to deter offenders from committing crimes. The threat
of arrest, conviction, and imprisonment then prevents a person from
committing a crime, which in the absence of these sanctions might
otherwise commit.

b. The concept of special deterrence

This form of deterrence, theoretically, is designed to prevent further
crimes by someone who has already experienced the sanctions imposed by
the law through the mechanisms of the courts and imprisonment.

2. Rehabilitation
Concept of rehabilitation
The goal in this purpose links the criminal behavior with abnormality or
some form of deficiency in the criminal. It assumes that human behavior is the
product of an antecedent causes and that to deal effectively with any deviant
behavior, these various cases must be identified- be they physical, moral,
mental, social, vocational, or academic. Once the problems have been
diagnosed and classified for treatment, the offender can be corrected by the
right psychological therapy.

3. Reintegration
Concept of reintegration
This model is a more practical and realistic extension of the rehabilitative
philosophy. Like the rehabilitative model, it views the offender as needing
help-but at the same time it recognizes that criminal behavior is often the
result of disjunction between the offender and the society.

The reintegrative model realizes that society and the individual are
inseparable, and therefore the offenders' environment is also emphasized. If
the offenders are to be helped, then they must be assisted in coping with the
forces of the everyday environment to which they will return upon release from
prison.

4. Isolation and Incapacitation

Concept of isolation and incapacitation
The idea of incapacitation rests on the idea that convicted criminals should
be rendered physically unable to continue their criminal acts- whether this is
accomplished by imprisonment and thereby the removal of the individual from
society or by the imposition of death penalty in criminal cases. In contrast,
 isolation is the major impetus behind the exile and the method of
transportation of dealing with the offender.

5. Punishment
Concept of punishment
The general concept is that it is the infliction of some sort of pain on the
offender for violating the law. In the legal sense, it is more of an individual
redress or personal vengeance. Punishment therefore defined as the redress
that the state takes against the offending member. Punishment is also a form of
disapproval for certain behaviors that is followed by the imposition of penalty.
Punishment makes the offender stigmatized and penalized. 191 What are the
justification of punishment?

Limitation of punishment
The following are the limitations of Punishment:
a. Makes the criminal cautious in concealing his criminal activities
resulting to unsolved crimes;
b. Stigmatizes the criminal and isolates him from society;
c. Makes him a martyr or a hero;
d. Develop in the criminal an anti-social grudge and strong resentment to
authority;
e. Punishment does not deter, repair damage to society or reconstruct
the personality of the offender,
Some trends of punishment
The following are some trends of punishment:
1. Developments of exemptions
2. Executive Clemency
3. Decline in the severity of punishment
4. Growths of modifications in imprisonment
5. Indeterminate Sentence
6. Suspended Sentence or Reprieve
7. Probation
8. Conditional Pardon
9. Short Sentences and
10. Fines

SIMPLE RECALL:

PUNISHMENT AND THE CRIMINAL

Punishment is the redress that the state takes Against an offending member
of society that usually involves pain and suffering. It is also the penalty imposed on
an offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty
Affected by burning, beheading, hanging, breaking at the wheels, pillory,
and other forms of medieval executions.
2. Physical Torture
 Affected by maiming. mutilation, whipping and other inhumane or
barbaric forms of inflicting pain.
3. Social Degradation
Putting the offender into shame or humiliation.
4. Banishment or Exile
The sending or putting away of an offender which was carried out by
prohibition against coming into a specified territory such as an island to
where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

EarlyForms of Prison Discipline

1. Hard Labor - productive works.
2. Deprivation - deprived of everything except the essentials of existence.
3. Monotony - giving the same food that is "off" diet or requiring the prisoners
to perform drab or boring daily routine.
4. Uniformity - "we treat the prisoners alike", "the fault of one is the fault of
all".
5. Mass Movement-mass living in cellblocks, mass eating, mass recreation,
mass bathing.
6. Degradation- uttering insulting words or languages on the part of prison staff
to the prisoners to degrade or break the confidence of the prisoners.
7. Corporal Punishment- imposing brutal punishment or employing physical
force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement- non-communication, limited news, "the
lone wolf".
Contemporary Forms of Punishment
1. Imprisonment
Putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners
by requiring them to undergo institutional treatment programs.
2. Parole
A conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to
free life under the guidance and supervision of a parole officer.
3. Probation
A disposition whereby a defendant after conviction of an offense, the
penalty of which does not exceed six years imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
4. Fine
It is an amount given as a compensation for a criminal act.
5. Destierro
The penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.

Justification of Punishment
1. Retribution
 The punishment should be provided by the state whose sanction is
violated, to afford the society or the individual the opportunity of imposing
upon the offender suitable punishment as might be enforced. Offenders
should be punished because they deserve it.
2. Expiation or Atonement
It is punishment in the form of group vengeance where the purpose is
to appease the offended public or group.
3. Deterrence
Punishment gives a lesson to the offender by showing to others what
will happen to them if they violate the law.
4. Incapacitation and Protection
The public will be protected if the offender has been held in
conditions where he cannot harm others especially the public. Punishment is
affected by placing offenders in prison so that society will be ensured from
further criminal depredations of criminals.
5. Reformation or Rehabilitation
It is the establishment of the usefulness and responsibility of the
offender. Society's interest can be better served by helping the prisoner to
become law abiding citizen and productive upon his return to the
community by requiring him to undergo an intensive program of
rehabilitation in prison.

THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

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.

Correction is the fourth pillar of the criminal justice system. This pillar takes
over once the accused, after having been found guilty, is meted out the penalty for
the crime he committed. He can apply for probation, or he could be turned over to
a non-institutional or institutional agency or facility for custodial treatment and
rehabilitation. The offender could avail of the benefits of parole or executive
clemency once he has served the minimum period of his sentence.

Furthermore, jail administration and control in our country is distributed to at

least, four agencies:

1. The BUREAU OF CORRECTIONS (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, aside from these,
 Other agencies under this pillar are the: (Community Based Correction)

1. The Parole and Probation Administration (PPA) under the Department of

Justice (DOJ); and
● Conduct investigations of all cases in relation to parole, probation, and
pardon.
● Responsible for the supervision of all parolees, probationers, and
conditional pardon grantees.

2. The Board of Pardons and Parole also under the Department of Justice.
● Authority in granting parole
● Responsible for recommending the grant of pardon and executive
clemency to the president

3. Department of Social Welfare and Development (DSWD)

- Handling cases of Child in Conflict with the Law (CICL)

NOTE: There are also LOCK-UP JAILS under the Philippine National Police (PNP); this
fragmented administration of jails often creates confusion since many are not aware
of this set-up.

Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses,
and others.
2. The PROTECTION of law-abiding members of society by keeping
convicted offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for
their eventual reintegration to the mainstream of society and helping
them lead a normal life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of
isolation and denial of liberty will influence inmates and potential
offenders to lead a life not in conflict or afoul with the law.
Lesson 3

APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two approaches, and these are, the
Community based and institution-based systems.

1. The Institution-Based Approach

- The rehabilitation of offenders in jail or prison
- The institution-based approaches have three levels and are manned by
three different government agencies responsible for the supervision and
control of the numerous institutional facilities nationwide which provide
safekeeping and rehabilitation of inmates, namely:
a. The national prisons and penal farms under the Department of
justice.
b. The provincial and sub-provincial jails under the provincial
government; and
 c. The City, Municipal and District Jails under the Department of
Interior and Local Government.

- The Bureau of corrections, headed by a non-uniformed director, under

the department of Justice, supervises and controls the national prisons
and penal farms.

2. 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 must 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 pardonee and monitors his
compliance with conditions imposed.

What is a community-based correction?

It is a sanction in which offenders serve some or all their sentence in the
community. It is sometimes referred to as non-institutional corrections. The
subfield of corrections in which offenders are supervised and provided services
outside jail or prison.

Concept and rationale of community-based corrections

Community-based corrections apply not only to changes in the traditional

location and use of prisons but also to the inclusion of specific correctional efforts
within this new design. the government is forced to consider community-based
corrections as an alternative to imprisonment. This is probably the result of an
effort to relieve the pressure of an overcrowding.

Prison administrators have realized that massive and isolated prisons do not
provide the best setting for correctional efforts. To achieve the correctional goals
of imprisonment, institutional programs and inmates must interact more with the
society

DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTION

Institutional Non-Institutional

That aspect of the correctional That aspect of the correctional

enterprise that involves the enterprise that includes pardon,
incarceration and rehabilitation of probation, and parole activities,
adults and juveniles convicted of correctional administration not directly
offenses against the law, and the connectable to institutions, and
confinement of persons suspected of a miscellaneous (activity) not directly
crime awaiting trial and adjudication. related to institutional care.

DECONGESTION OF JAILS
Jail congestion is not a recent phenomenon, nor is it confined in the Philippines
alone. Jail congestion is WORLDWIDE. Some industrialized countries like the
United States, experience it, let me cite a few examples: Rikkers Island in New
York is an island prison facility. It is overcrowded. To cushion the effect of
congestion, two floating dormitories were constructed to confine offenders
therein: in 1995 or four years ago. Director General Keith Hamburger of the
Queensland services commission of Australia reported that congestion is also a
problem in his country.

In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship

international who had toured some of the jails in the National Capital Region (NCR)
and the New Bilibid Prisons of the Bureau of corrections in Municipal City observed
and commented that in the 41 countries of the world he had traveled, most have a
problem on congestion. He added that this problem is PREVALENT IN THIRD
WORLD COUNTRIES.

In our country, jail congestion, particularly in big cities and municipalities, has
been a PERENNIAL PROBLEM ever since. This problem, to borrow a parallelism, is
a sleeping giant. Unfortunately, for jail administrators and personnel, the giant has
taken up and is stretching its enormous arms and legs. OPLAN DECONGESTION
must be put in place to lay this giant back to sleep.

OPLAN DECONGESTION was formalized through the execution of a

memorandum of agreement on February 12, 1993. Among the public attorney’s
office, the parole and probation administration, the Board of Pardons and
Parole which are all under the Department of Justice, and the Bureau of Jail
Management and Penology which is under the Department of the Interior and
local government. The avowed PURPOSE of said agreement (MOA) was jail
decongestion through collective and cooperative efforts. Realizing that all helps
available must be harnessed to effectively combat overcrowding or congestion in
jails, the said memorandum of agreement was EXPANDED on August 17, 1993,
with the inclusion of the National Prosecution service or (NAPROS) as the fifth
party thereto.

True to its form, the MOA spreads up its intent through seminars. These offered
opportunities to officials and personnel of the tasked agencies to familiarize
themselves with the mechanics of the agreement, as well as to offer avenue to
discuss various aspects of how jails are to be decongested.

2. LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

a. Presidential Decree No. 603, known as the child and young welfare
code, suspends sentence of minor offenders whose ages range from
nine (9) years to under eighteen (18) years and place them in
rehabilitation centers under the supervision of the Department of Social
Welfare and Development before they are released to the custody of
their parents or to any responsible person.

b. Batas Pambansa Bilang 85, authorizes the release of a detainee who

has undergone preventive imprisonment equivalent to the maximum
imposable sentence for the offense he is charged with’

c. Article 96 of the Revised Penal Code, provides that in meritorious

cases, the commutation of the prisoner’s sentence through presidential
action shall be upon the recommendation of the court which imposed
the same; and ARTICLE 97, which provides that a prisoner shall be
entitled to a deduction from his prison term for good conduct; and

d. DOJ Memorandum Circular no. 6 which directs all wardens or anyone

in-charge of local jails to effect the immediate transfer of national
prisoners to the Bureau of corrections.

e. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002

(July 4, 2002) -1st time minor offender (probation) for use 2
possessions only.

f. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

g. Republic Act No. 6036, known as the release on recognizance law,

provides for the release of offenders charged with an offense whose
penalty is not more than six (6) months and/or a fine of Two Thousand
pesos (2,000) or both, to the custody of a responsible person in the
community, instead of a bail bond.

h. Republic Act No. 6127, fully deducts the period of the offenders’
preventive detention from the sentence imposed by the courts.

i. Republic Act No. 4103, as amended, creating the Board of Pardons and
Parole tasked to investigate the physical, mental, and moral record of
prisoners to determine who shall be eligible for parole or conditional
pardon.

j. Presidential Decree No. 968, July 24, 1976, is the Philippine

Probation Law of 1976. Probation is a very important legal instrument
that contributes to the decongestion of Philippine jails.
Lesson 4

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.

The idea behind non-institutional correction programs is that most convicts can
be effectively held accountable for their crimes at the same time they can fulfill
legitimate living standards in the community. Most convicts do not pose an
imminent danger to themselves or to others and can therefore remain in the
community to maintain relationships. Rehabilitating convicts within the community
confers several benefits such as:
a. The convict will remain in the community in which he or she has
responsibilities. He can continuously engage his legitimate sources of
livelihood to support himself and his family and the government can
collect taxes from him.
b. Convicts under community-based correction are more capable to
compensate their victims through restitution or to pay back the
community through community service; and
c. Community-based corrections programs do not expose convicts to the
subculture of violence existing in jails and prisons.

ADVANTAGES OF COMMUNITY-BASED CORRECTION

1. Family members need not be victims also for the imprisonment of a member
because the convict can 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.
BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED
TREATMENT PROGRAMS
The following are the basic principles underlying the philosophy of
community-based treatment programs:

1. 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.

2. 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.

3. Managerial Aspect - Managerial skills are special importance because of the

sharp contrast between the per capital cost of custody and any kind of
community program. It is easier to manage those undergoing
community-based treatment programs than that of custodial control.

SUBJECT COVERAGE
1. 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.

2. Diversion
– Directing offenders away from the traditional process of imprisonment.
– This means diverting incarcerated offender to special programs and
institutions instead of warehousing them in conventional prison.
– Usually for juvenile offender or CICL

3. 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.

4. 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.

Goal of Halfway House: The goal of halfway houses is to provide offenders

with a temporary period of highly structured and supportive living so that
they will be better prepared to function independently in the community
upon discharge.

What is home Confinement?

It is a program that requires offenders to remain in their homes except for
approved periods of absence; commonly used in combination with electronic
monitoring. Home confinement is also known as home incarceration, home
detention, and house arrest.

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
It shall refer 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.

Purpose:
a. To right a wrong
b. To normalize a tumultuous political situation.
 It is also granted by a President to an imprisoned president the
incumbent has deposed. Absolute Pardon is granted in order to
restore full political and civil rights to convicted persons who have
already served their sentenced and have reached the prescribed
period for the grant of Absolute Pardon.

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.

It is also granted by the President of the Philippines to release an

inmate who has been reformed but is not eligible to be released on
parole.

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.

Other Community-Based Correction Programs

In other jurisdictions, parole, probation and conditional pardon have always
been a way of community correction, but with technological advancement and
considering the psychology of convicted people, correction programs have widened
to accommodate the following:
1. Work releases;
2. Day fine programs;
3. Electronic monitoring:
4. Home confinement;
5. Community service;
 6. Half-way houses;
7. Boot camp prisons;
8. Restitution;
9. Check-in programs;
10.Mediation;
11.Curfews;
12.Restorative justice centers
13.Drug checks;
14.Alcohol checks; and
15.Other methods where there is a certain level of trust between the
offenders and the people involved. (EzineArticles.com)

Current Issues and Concerns on Community-based Correction

1. Public resistance against non-institutional correction
2. Punishment against rehabilitation and reintegration
3. Convicted individual needs safety as well as the public
4. Availability of Rehabilitation Services
5. Education and training for rehabilitation service providers
6. Coping with special needs of the convicts