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NON-INSTITUTIONAL CORRECTION

Board of Pardons and Parole - was created pursuant to Act No. 4103, as amended. It is the
intent of the law to uplift and redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty.

Functions
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of executive clemency;
3. To authorize the transfer of residence of parolees and    pardoners, order their arrest and
recommitment, or grant their final release and discharge.

 Basis for Grant of Parole

1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and remain at liberty
without violation of the law; and
3. His or her release will not be incompatible with the welfare of society.

How May Executive Clemency Be Exercised?

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Commutation – refers to the reduction of the duration of a prison sentence of a prisoner.

Commutation Allowed When:

1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty

Absolute Pardon - An act of grace, proceeding from the power entrusted with the execution of
the laws, Exempts the individual from the penalty of the crime he has committed.

Conditional Pardon - If delivered and accepted, it is a contract between the executive and the
convict that the former will release the latter upon compliance with the condition.
      
Example of a condition:
            Not to violate any of the penal laws of the country again.

      Reprieve - refers to the deferment of the implementation of the sentence for an interval of
time; it does not annul the sentence but merely postpones or suspends its execution

      Basis for Grant of Executive Clemency

      The BPP recommends to the President the grant of executive clemency when any of the
following circumstances are present:
    1. The trial or appellate court recommended in its decision the grant of executive clemency
for the prisoner
      2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed.

      3. Offender qualifies as a youth offender at the time of the commission of the offence
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      4. Prisoner is seventy years old and above;

      5. Prisoner is terminally-ill;
      6. Alien prisoners where diplomatic considerations and amity among nations necessitate
review and
      7. Other similar or analogous circumstances whenever the interest of justice will be served
thereby

      When Applications for Executive Clemency will not be favourably Acted Upon by The Board
of Pardon and Parole
      1. Convicted of evasion of service of sentence;
      2. Who violated the conditions of their conditional pardon;
      3. Who are habitual delinquents or recidivists;
      4. Convicted of kidnapping for ransom;
      5. Convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive
Dangerous Drugs Act of 2002;
      6. Convicted of offences committed under the influence of drugs 
      7. Whose release from prison may constitute a danger to society.

      Issues Confronting The Philippine Corrections System

      1. Overcrowding of Certain Prison Institutions/Jails
      2. Fragmented Set-Up of the Corrections System
      3. Lack of Information Technology Systems and Expertise
      4. Lack of/Inadequate Training - lack of awareness and understanding by some prison/jail
officials and staff on the rights of inmates.

      Petitions for parole shall be addressed to the Chairman or to the Executive Director of
the Board. However, the Board may, motu proprio , consider cases for parole, commutation of
sentence or conditional pardon of deserving prisoners whenever the interest of justice will be
served thereby.

      Minimum Requirements A Prisoner Must Meet Before Petitions for

      executive clemency may be reviewed.
    
          For Commutation of Sentence
1. The prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or
definite sentences.
          2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed before January 1, 1994.
          3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite
prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised
Penal Code, as amended.

          4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in
Republic Act No. 7659 and other special laws committed on or after January 1, 1994 and
sentenced to one or more Reclusion Perpetua or Life imprisonment.

          5. At least twenty (20) years in case of one (1) or more Death penalty/penalties, which
was/were automatically reduced or commuted to one (1) or more Reclusion Perpetual or Life
imprisonment.

           For Conditional Pardon

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           The prisoner shall have served at least one-half (1/2) of  the minimum of his original
indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a
heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served
at least one-half (1/2) of the maximum of his original indeterminate sentence before his case
may be reviewed for conditional pardon.

          For Absolute Pardon

          After he has served his maximum sentence or granted final release and discharge or
court termination of probation. However, the Board may consider a petition for absolute pardon
even before the grant of final release and discharge under the provisions of Section 6 of Act No.
4103, as amended,

as when the petitioner:

(1) is seeking an appointive/elective public position or reinstatement in the government service;

(2) needs medical treatment abroad which is not available locally;

(3) will take any government examination; or    

(4) is emigrating.

         Prisoners who escaped or evaded service of sentence are not eligible for executive
clemency for a period of one (1) year from the date of their last recommitment to prison or
conviction for evasion of service of sentence.

Bureau of Correction - Where the penalty imposed exceeds three years,

the offender shall serve his or her sentence in the penal institutions of the BuCor.

Carpeta - refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after 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.

District Jail - is a cluster of small jails, each having a monthly average population of ten or less
inmates, and is located in the vicinity of the court.

Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or
serving short-term sentences.

     - Jails include provincial, district, city and municipal jails managed and supervised by the
Provincial Government and the Bureau of Jail Management and Penology (BJMP), respectively,
which are both under the Department of the Interior and Local Government.

      Municipal and city prisoners are committed to municipal, city or district jails managed by the
BJMP.

      Prison -  refers to the national prisons or penitentiaries  managed and supervised by the
Bureau of Corrections, an agency under the Department of Justice.
             - prison refers to the national prisons or penitentiaries managed and supervised by the
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Bureau of Corrections, an agency under the Department of Justice.

      Provincial Jail - Where the imposable penalty for the crime committed is more than six
months and the same was committed within the municipality, the offender must serve his or her
sentence in the provincial jail which is under the Office of the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional

Pardon with or without Parole Conditions and Commutation of Sentence
as may be granted by the President of the Philippines.

Indeterminate Sentence Law

     The indeterminate sentence is composed of:

     1. a MAXIMUM taken from the penalty imposable under the penal code
     2. a MINIMUM taken from the penalty next lower to that fixed in the code.

 The law does not apply to certain offenders:

     1. Persons convicted of offense punished with death penalty or life imprisonment.
     2. Those convicted of treason, conspiracy or proposal to commit treason.
     3. Those convicted of misprision of treason, rebellion, sedition
        or espionage.
     4. Those convicted of piracy.
     5. Those who are habitual delinquents.
     6. Those who shall have escaped from confinement or evaded sentence.
     7. Those who violated the terms of conditional pardon granted to
        them by the Chief Executive.
     8. Those whose maximum term of imprisonment does not exceed one year.
     9. Those who, upon the approval of the law, had been sentenced
        by final judgment.
     10. Those sentenced to the penalty of destierro or suspension.

     Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of liberty and economic usefulness

          - It is necessary to consider the criminal first as an individual, and second as a member of

the society.

          - The law is intended to favor the defendant, particularly to shorten his term of
imprisonment, depending upon his behavior and his physical, mental and moral record as a
prisoner, to be determined by the Board of Indeterminate Sentence.

     The settled practice is to give the accused the benefit of the law even in crimes punishable
with death or life imprisonment  provided the resulting penalty, after considering the attending
circumstances, is reclusion temporal or less

     Procedure For Determining The Maximum and Minimum Sentence

          - It consists of a maximum and a minimum instead of a single fixed penalty.

          - Prisoner must serve the minimum before he is eligible

            for parole.
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          - The period between the minimum and maximum is indeterminate

            in the sense that the prisoner may be exempted from serving said indeterminate period
in whole or in part.

          - The maximum is determined in any case punishable under the RPC in accordance with
the rules and provisions of said code exactly as if the ISL had never been enacted.

          - Apply first the effect of privileged mitigating circumstances then consider the effects of
aggravating and ordinary mitigating circumstances.

          - The minimum depends upon the court’s discretion with the limitation that it must be
within the range of the penalty next lower in degree to that prescribed by the Code for the
offense committed.

          - NOTE: A minor who escaped from confinement in the reformatory

            is entitled to the benefits of the ISL because his confinement is not considered
imprisonment.

Parole – The suspension of the sentence of the convict after serving the minimum term of the
intermediate penalty, without being granted a pardon, prescribing the terms upon which the
sentence shall be suspended

       - May be given after the prisoner has served the minimum penalty; is granted by the Board
of Pardons and Parole under the provisions of the Indeterminate Sentence Law
Disqualification for Parole - The following prisoners shall not be granted parole:

      1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life
imprisonment;
      2. Those convicted of treason, conspiracy or proposal to commit  treason or espionage;
      3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
      4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
      5. Those who are habitual delinquents i.e. 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 oftener;
      6. Those who escaped from confinement or evaded sentence;
      7. Those who were granted Conditional Pardon and violated any of the terms thereof;
      8. Those whose maximum term of imprisonment does not exceed one (1) year or those with
definite sentence;
      9. Those suffering from any mental disorder as certified by a government
psychiatrist/psychologist;

      10.Those whose conviction is on appeal;

      11.Those who have pending criminal case/s.

    Special Factors - The Board may give special consideration to the recommendation for
commutation of sentence or conditional pardon whenever any of the following circumstances
are present
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      1. Youthful offenders;
      2. Prisoners who are sixty (60) years old and above;
      3. Physical disability such as when the prisoner is bedridden,  a deaf mute, a leper, a cripple
or is blind or similar disabilities;
      4. Serious illness and other life-threatening disease as certified by a government physician;
  
  5. Those prisoners recommended for the grant of executive clemency by the trial/appellate
court as stated in the decision;
      6. Alien prisoners where diplomatic considerations and amity between nations necessitate
review;
      7. Circumstances which show that his continued imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-inmates; and,
      8. Such other similar or analogous circumstances whenever the interest of justice will be
served thereby.

Prison Record - refers to information concerning an inmate's personal circumstances, the

offense he committed, the sentence imposed, the criminal case number in the trial and appellate
courts, the date he commenced serving his sentence, the date he was received for confinement,
the place of confinement, the date of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison.

Probation - is a disposition under which an accused, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.

Progress Report - refers to the report submitted by the Probation and Parole Officer on the
conduct of the parolee/pardonee while under supervision.

Infraction Report -  refers to the report submitted by the Probation and Parole Officer on
violations committed by a parolee/pardonee of the conditions of his release on parole or
conditional pardon while under supervision.

Summary Report - refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter's final release and discharge.

Sentence - in law, is the penalty imposed by the court in a criminal case against a person,
known as the “accused”, who is found guilty of committing the crime charged.

CA – 2 – Non-Institutional Corrections Question

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer in each item corresponding to the letter of your choice. STRICTLY NO ERASURES
ALLOWED.
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1. Probation is granted to _______ who are sentenced to a prison term of not more than six (6)
years.
           A. Recidivist               C. Fist time offenders
           B. Second time offenders   D. Senior citizens

2. The child and youth welfare code of 1974 was promulgated on December 10, 1974by virtue
of what Presidential decree?
  A. P.D. 613                C. P.D. 916
  B. P.D. 603                D. R.A. 9344

3. What are emphasized under the custodial model of correctional institutions?

A.  Reintegration into society
B.  Security, discipline and order
C.  Rehabilitation and correction
D.  Physical and mental upliftment

4. What is the security classification of inmates who have two (2) or more escape records but
have served 8 years since recommitment?
 A. Minimum security        C. Optimum security
 B. Maximum security       D. Medium security

5. What is the security classification of an inmate who is criminally insane or with severe
personality or emotional disorder and is dangerous to others?
A. Minimum security         C. Maximum security
 B. Optimum security        D. Medium security

6. ________ program employs prisoners in various product or good productions tasks.

 A. Agricultural            C. Operational
 B. Industrial                D. Administrative

7. Which of the following statement is TRUE?

A.  A parolee may be authorized by the parole and probation officer to travel outside his
operational jurisdiction for a period of not more than thirty (30) days.
B.  Outside travel for a cumulative duration of more than thirty (30) days within a period
of one (1) year shall be considered transfer of residence
C.  It is not mandatory for the parolee to comply with the terms and conditions
appearing in the release document
D.  A parolee cannot transfer to a residence other than that indicated in the release
document without prior written approval of the board of pardon and parole

8. What is referred to as hustling inside the prison?

A.  Befriending a prison guard C.  Doing assigned prison assignment
B.  Selling illegal commodities D.  Reporting illegal activities

9. Juanito is 17 years old when he was convicted for the crime of theft. Can he apply for
probation under the adult probation system?
A.  No, because he is entitled for parole C.  No, because he is only 17 years old
B.  No, because his crime is theft D.  No, because he is convicted of a crime

10. It is a correctional model wherein criminals are punished because they have infringed the
rights of others and the security of the sanction should fit the seriousness of the crime.
A. Benefit of the clergy  C. Rehabilitation model
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 B. Custodial model   D. Just desert model

11. Who among the following may have his penalty suspended under PD 603?
A.  Eduardo who is 30 years old C.  Ronald who is 25 years old
B.  Peter who is 10 years old D.  Jack who is 20 years old

12. What document is issued to a parolee when the maximum period of his prison term has
expired?
A.  Certificate of final discharge C.  Certificate of final release
B.  Certificate of prison term completion D.  Certificate of final release and discharge

13. It was an age of response to the industrialization, urbanization, technological change and
advancement of science that had revolutionalized the landscape.
A. Age of reform            C. Age of correction
B. Age of reason           D. Age of enlightenment

14. Which model underscores the assumption that criminal behavior is caused by biological or
psychological conditions that require treatment?
A. Reform model            C. Community model
  B. Rehabilitation model    D. Medical model

15. What is the legal process that results in the removal of conviction from the official records?
 A. Exoneration             C. Expungement
 B. Restriction        D. Mitigation

16. The judge will base the grant of probation on the report of the _____.
 A. Social worker        C. Prosecutor
 B. Probation officer       D. Police officer

17. When can a drug user or one who is in possession of drugs be placed on probation?
A.  First time offender
B.  First time offender and less than 21 years old
C.  Second time offender and less than 21 years old
D.  Second time offender

18. Which of the following is considered in the grant of conditional pardon?

A.  Good conduct shown
B.  Discipline of the prisoner
C.  Old age provided that he was not yet 60 years old at the time of his commitment to
prison
D.  Length of time spend in prison

19. What do you call the pathway between a two towers?

A. Catwalk                 C. Pathway
B. Hall way                D. None of these

20. To what penal farm were political prisoners in the 1870’s confined?
A.  Sablayan penal colony C.  Iwahig penal colony
B.  San ramon prison penal farm D.  Davao penal colony
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21. A married prisoner is visited by his wife and they are granted time for their marital sexual
obligations. This privilege is called?
A. Conjugal partnership    C. Conjugal incentive
B. Conjugal vacation       D. Conjugal visit

22. What is the movement in 1790 which held that offenders were out of touch with God thus,
they were given bibles and placed in isolation?
A. Reformatory movement    C. Quaker reform movement
 B. Church reform movement  D. Crime prevention movement

23. Where shall Laureta be confined if his sentence is six (6) months or less?
A. Provincial jail        C. City jail
 B. Municipal jail          D. New bilibid prison

24. It is a judicial action or legal disposition that allows the offender to remain in the community
subject to conditions imposed by court order.
A. Commutation         C. Reprieve
B. Probation              D. Parole

25. Which agency performs the evaluation of prisoners fitness and qualifications for the grant of
parole and pardon?
A.  National police commission
B.  Board of pardon and parole
C.  Department of social welfare and development
D.  National bureau of investigation

26. Which of the following institutions is included under the corrections sub- system?
A.  Drug rehabilitation center C.  Jails
B.  Police D.  Drug enforcement units

27. The theory which affords the society or the individual who was wronged the opportunity to
impose upon the offender such suitable punishment as may be enforced?
A. Retribution           C. Deterrence
B. Reformation           D. Expiation

28. Who among the following may have his penalty suspended under PD 603?
A.  Pablo who is 25 years old C.  Martin who is 20 years old
B.  Juan who is 10 years old D.  Pedro who is 19 years old

29. Sonny is convicted for a crime that carries a prison sentence of more than eight (8) years
and one (1) day. Can Sonny avail of probation?
A.  No C.  He will serve 1/ 2 of the sentence in jail
B.  He will be pardoned D.  Yes
30. The target of behavior change effort for inmate is not criminality per se but the variety of
problem behavior surrounding criminal lifestyles. Which of the following is NOT a problem
behavior?
A.  Ability to relate with others C.  Ability to logically and rationally think
B.  Ability to control anger and frustration D.  Deficiency in social skills

 31. Which among the following are the major goals of corrections?
A.  Punishment, confinement, retribution, treatment
B.  Retribution, deterrence, incapacitation, rehabilitation
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C.  Deterrence, retribution, punishment, treatment

D.  Deterrence, punishment, incapacitation, treatment
 
32. Which of the following should NOT a probationer do?
A.  Make periodic office report C.  Work regularly to support his family
B.  Go and play in a gambling den D.  Stay away from bad associates

 33. Force is used only by correctional institutions to:

A.  Exact respect C.  Show physical strength and power
B.  Enforce discipline D.  Perform assignments

 34. The Supreme Court automatically reviews the cases of criminals convicted and
meted out the penalty of:
A.  12 years 6 months and one day C.  Death
B.  Life imprisonment D.  6 years, one month and 1 day

 35. Presidential Decree No. 968 established the __________ system.

  A. Civilian police          C. Juvenile justice
       B. Family welfare            D. Adult probation

 36. What correctional institution houses accused persons awaiting trial?

           A. Rehabilitation center     C. Jail
           B. Half- way house          D. Prison
 
37. The following are identified as correctional dilemmas EXCEPT
A.  Ambivalent correctional strategies and technique
B.  Unclear statement of correctional mission
C.  Government support for funding requirement
D.  Inadequacy of correctional personnel
 
38. The ________ theory in crime causation focuses on the criminal    disorders, chromosomes
irregularity and abnormal brain activity.
           A. Psychological theory     C. Sociological theory
           B. Biological theory        D. Political theory

 39.  This was the period when concepts of liberalism, nationality, equality and individualism
dominated social and political thinking in the 18th century in England.
           A. Age of reform          C. Age of discernment
           B. Age of rehabilitation D. Age of reason

 40. What does the classical theory provide?

A.  Criminal behavior is inherited and therefore could be controlled by regulating the
production of families
B.  Criminal behavior is learned in interaction with other persons in a process of
communication
C.  Crime and delinquency are symptoms of social and penalty disorders
D.  The basis for criminal liability is human free will and the purpose of penalty is
retribution
 
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41. What correctional goal is referred to when the offender is rendered physically unable to
commit a crime in the future?
           A. Deterrence              C. Rehabilitation
           B. Incapacitation          D. Retribution
 42. Under the UN standard minimum rules for the treatment of prisoners, which of the following
are the two (2) basic principles under the rules of general application to prisoners?
1. There shall be not discrimination on grounds of race, color, sex, language, religion, political or
other opinion, national or social origin, birth or other status
2. It is necessary to respect the religious beliefs and moral precepts of the group to which a
prisoner belongs
3. The treatment of prisoners should emphasize not their exclusion from the community, but
their continuing part in it.
4. Unconvicted prisoners are presumed to be innocent and shall be treated as such

           A. 2 and 3                  C. 1 and 2

           B. 3 and 4                  D. 4 and 1

 43. When does punishment have a deterrent effect?

A.  Punishment reduces the capacity of an individual to commit a crime
B.  Punishment is serious compared with the nature of offense
C.  Punishment disgraces the offender before the public
D.  Punishment serves as an example to the public thus, discouraging the commission of
offense

 44. Who espoused the idea that criminality increases in proportion as one approaches the
equator?
           A. Lombroso                 C. Ferri
           B. Garofalo                D. Montesquieu

 45. This is an investigation of behavior based on subject’s responses to questions concerning

activities in which they have engaged.
           A. Victimization study      C. Social study
           B. Self- report study       D. Criminological research
 
46. Antonio Lava was sentenced to serve a maximum term of imprisonment of not more than six
(6) years. He applied for probation but his application will not be considered if:
1.  He was convicted of subversion of any crime against national security or public interest
2.  He was previously convicted by final judgment of an offense punished by imprisonment of
not less than one (1) month and one (1) day and / or a fine of not less than Php 200.00
3.  He was previously granted probation
4.  He was previously granted parole

           A. 1, 2 and 3             C. 2, 3, and 4

           B. Any of those listed     D. 3, 4, and 1

47. Which of the following is an open correctional institution known to be the best and “prison
without walls”?
A.  Sablayan penal colony C.  San Ramon prison and penal farm
B.  Iwahig penal colony D.  Davao penal farm

 48. Among the following factors, which would best determine the extent to which prison
functions are subdivided?
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A.  Operating programs C.  Inmate population and size of the prison/ jail

B.  Adequacy of resources D.  Number of prison staff

49. What law is very supportive for the convicted prisoner after he completely served the
minimum sentenced of his indeterminate prison term of his incarceration can be eligibility for his
early release;
A. Executive Clemency b. PD 968    c. RA 4103      d. RA 4130    

50. Aside from the name, offense committed and the court imposing the sentence, what
information about an alien offender should be reported to the Commissioner of Immigration?
A.  His educational background and profession
B.  Name of his wife and children
C.  His age, weight and height
D.  His nationality and number of his alien certificate of registration
 
51. What theory provides that criminal behavior is learned in interaction with other persons in
the process of communications?
           A. Strain theory                     C. Social disorganization theory
B. Psychoanalytical theory D. Differential association theory

 52. How are habitual offenders who have been involved in prostitution, drugs, numbers and
shoplifting called?
           A. “Punk”                  C. “Cool”
           B. “The life”            D. “Square”

 53. Who said that punishment should not be more secure than necessary to deter crime
because excessive punishment is unjustified?
           A. Charles Goring        C. Raffaeli Garofalo
           B. Robert Peel             D. Jeremy Bentham

 54. What idea was advocated by John Howard?

A.  Corporal punishment is more effective than other punishment
B.  Prisons should be under the control of the police
C.  Public labor by offenders should be abolished
D.  Reformation will not occur inside penitentiary

 55. When can some prisoners have disciplinary authority over their co- inmates?
A.  When they show “macho” image
B.  When they are of senior age over those to be supervised
C.  When they are of good behavior, more technically skilled and properly trained
D.  When they have grease money