URDANETA CITY

UNIVERSITY COLLEGE OF CRIMINAL

Owned and operated by the City Government of Urdaneta
JUSTICE EDUCATION
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NON-INSTITUTIONAL CORRECTION
OVERVIEW

Criminal Justice System defined

Criminal Justice System (CJS) is the machinery used by the society to prevent and control crime. It is the tool
of a democratic government to protect the people against criminality and other peace and order problems.

In theory, Criminal Justice System is an integrated process primarily concerned with apprehension, prosecution,
trial, adjudication, and correction of criminal offenders.

5 Pillars of the Criminal Justice System in the Philippines

1. Law Enforcement
2. Prosecution
3. Court
4. Corrections
5. Community
The Corrections Pillar

Correction is one branch of criminal justice concerned with the custody, supervision, and rehabilitation of
convicted offenders.

As a process, Correction refers to the reorientation or re-instruction of the criminal offender in order to prevent
him/her from repeating his deviant or delinquent actions. In correcting the deviant behavior of the offender, the
process does not consider the necessity of taking punitive actions.

APPROACHES TO CORRECTION

1.Institutional Corrections

 Contemporary Corrections
 Responsible for the reform and rehabilitation of offenders inside correctional facilities (Prisons or jails)
2.Non-Institutional Corrections

 Community-Based Corrections
 Alternative ways of reforming and rehabilitating offenders outside correctional facilities
 Correctional activities that takes place in the community that directly addressed to the offender and
aimed at helping him to become a law abiding citizen.

Non-Institutional Corrections

IC covers the following topics:

 Historical perspective of the Development of Community-Based Corrections;

 The Probation;
 Parole; and
 Other forms of non-institutional reformation.

CHAPTER 1

INTRODUCTION TO COMMUNITY-BASED CORRECTIONS

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the
community, subject to conditions imposed by the government. They are either granted Probation, Parole,
Conditional Pardon or Recognizance. Non-institutional corrections refer to that method of correcting sentenced
offenders without having to go to prison. Advantages of community-based corrections are:

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 1. Family members need not be victims also for the imprisonment of a member because the convict can still
continue to support his family, not to be far away from his children;
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;
and
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped
government.

PROBATION

Probation came from the Latin verb “probare” – to prove, to test. A term coined by John Augustus.

- By probation, a person convicted of a criminal offense is not sent to prison by the sentencing court. Instead,
he/she is released and placed under the supervision of a probation officer subject to the conditions which the
court may impose.

Probation, in other words, 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.

Probation, also is a privilege granted by the court; it cannot be availed of as a matter of right by a person
convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has
no disqualifications imposed by law.

Probation was an OLD PRACTICE. It was the influence of the following:

Benefit Of The Clergy

In the 13th Century, a compromise between the church and the king, wherein any member of the clergy brought
to trial in the king’s court shall be claimed from the jurisdiction by the bishop or chaplain representing him and
placed under the authority of the ecclesiastical court.

Judicial Reprieve

17th century – the practice of temporary suspension of the execution of sentence by the judge either before or
after judgment. Early in the 17th C – with the establishment of settlements in America, English courts began to
grant reprieves to prisoners under sentence of death on condition that they accept deportation

Recognizance

“binding over good behavior” The direct ancestor of probation - involves the obligation or promise under oath
that the accused must “keep the peace” or “be of good behavior”. Sureties or bail were usually required Usually
applied to any felony not capital. This led to the development of the first British Probation Service.

Transportation

Sending or putting away of an offender to another colony. It was an attempt to substitute for brutal punishment
at home and an opportunity for rehabilitation in a new country.

HISTORICAL BACKGROUND OF PROBATION

Matthew Davenport Hill: As a young professional in England, Hill had witnessed the sentencing of youthful
offenders to one-day terms on the condition that they be returned to a parent or guardian who would closely
supervise them. When he eventually became the Recorder of Birmingham, a judicial post, he used a similar
practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them. Hill had
police officers pay periodic visits to these guardians in an effort to track the offender's progress and keep a
running account.

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John Augustus, the "Father of Probation," is recognized as the first true probation officer.
In 1841, John Augustus attended police court to bail out a "common drunkard," edward savage the first
probationer. The offender was ordered to appear in court three weeks later for sentencing. He returned to court a
sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor
had dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped by
Augustus were alcohol abusers, nor were all prospective probationers taken under his wing. Close attention was
paid to evaluating whether or not a candidate would likely prove to be a successful subject for probation. The
offender's character, age, and the people, places, and things apt to influence him or her were all considered.

Augustus was subsequently credited with founding the investigations process, one of three main concepts of
modern probation, the other two being intake and supervision. Augustus, who kept detailed notes on his
activities, was also the first to apply the term "probation" to his method of treating offenders.
By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this number
forfeited their bond, a remarkable accomplishment when measured against any standard. His reformer's zeal and
dogged persistence won him the opposition of certain segments of Boston society as well as the devotion and
aid of many Boston philanthropists and organizations. The first probation

PROBATION IN THE PHILIPPINES

The adult probation as a reformation idea was twice attempted to be implanted in the country’s justice system.
First was in 1935 and second in 1972. On August 7, 1935, the Philippine Legislature passed Act No. 4221. This
Act created the Probation Office under the Department of Justice. The Act also granted probation to first-
time offenders 18 years old above and convicted of certain crimes.

However, two years after its implementation, on November 16, 1937, the Supreme Court declared it
unconstitutional because of its constitutional and procedural defect. In 1972, House Bill No. 393 was filed
in the Congress with the purpose of establishing a probation system in the country. Its provisions removed the
defects of the previous law that made it constitutionally and procedurally defective. Despite the Congress
passing the bill, HB No. 393 gathered dust in the Senate of the Philippines upon declaration of Martial Law.

In 1975, the late Assemblyman Teodulo C. Natividad introduced another proposed probation decree. The
proposed decree was presented on April 24, 1976. The bill underwent eighteen (18) technical hearings and
submitted to a selected group of jurists, penologists, civil leaders, social and behavioral scientists and law
practitioners before it was endorsed for approval.

Finally, on July 24, 1976, President Ferdinand E. Marcos signed the proposed decree known as Presidential
Decree No. 968 (PD 968) or the “Adult Probation Law of 1976”. With its enactment, it created the Probation
Administration. The late Congressman Teodulo C. Natividad recognized as the Father of Philippine Probation
was appointed its first Administrator. With PD 968, probation became an added component of Philippine
Corrections System and proved its institutional worth. On November 23, 1989, with the passage of Executive
Order No. 292 or “The Administrative Code of 1987”, the Probation Administration became PAROLE AND
PROBATION ADMINISTRATION (PPA).

CHAPTER 2

PD 968 THE PROBATION LAW OF THE PHILIPPINES

Mission

To rehabilitate probationers, parolees and pardonees and promote their development as integral persons by
utilizing innovative interventions and techniques which respect the dignity of man and recognize his divine
destiny.
Vision

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A model component of the Philippine Correctional System that shall enhance the quality of life of its clients
through multi-disciplinary programs and resources, an efficient organization and a highly professional and
committed workforce in order to promote social justice and development.
Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted offenders and
prisoners who are under the probation or parole system.
Goals
The Administration's programs sets to achieve the following goals:
1. To promote the correction and rehabilitation of an offender by providing him with personalized
community-based treatment;
2. To provide an opportunity for his reformation and reintegration into the community;
3. To prevent the commission of offense; and
4. To uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty.
Functions
To carry out these goals, the Agency through its network of regional and field parole and probation offices
performs the following functions:

 to administer the parole and probation system

 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders.

Act No. 4221 – effectivity date, August 7, 1935 ; the first probation law in the Philippines

PD 968 - effectivity date , January 3, 1978 ; The Probation Law of the Philippines

Amendatory Laws to PD 968

PD 1257 - effectivity date, December 1, 1977 ; amended the period within which application for probation must
be made.

BP 76 - effectivity date, June 13, 1980 ; amended the maximum penalty for qualification for probation.

PD 1990 - effectivity date,January 15, 1986 ; amended BP 76 back to its original form and made probation and
appeal exclusive remedies.

Probation is as a Privilege

Probation is a privilege granted by the court; it cannot be availed of as a matter of right by a person convicted of
a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has no
disqualifications imposed by law.

Probation as a Matter of Right

Probation is a mere privilege for adult offenders. However, under R.A. 9344 or Juvenile Justice and Welfare Act
of 2006, a Child in Conflict with the Law (CICL) is granted the right to probation as an alternative to
imprisonment if qualified under the Probation Law.

Application for Probation

Probation will not be granted except upon the application by the accused.

Section 4. Grant of Probation.  An application for probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

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May an accused in a joint trial apply for probation even if the other co-accused appealed their
conviction?

Yes. In a case involving several defendants where some have taken further appeal, the other defendants may
apply for probation by submitting a written application and attaching thereto a certified true copy of the
judgment of conviction.

When can a petitioner file his application for probation?

The law says that the application should be made within the period for perfecting an appeal or within 15 days
from the promulgation of notice of judgment.

However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006 – The court may, after it
shall have sentenced a Child In Conflict with the Law and upon application at anytime placed the child on
probation in lieu of service of his sentence.

Where can we file the application for probation?

The application for probation be filed directly to the trial court that heard and sentenced the person applying for
probation.

What are the procedures in applying for Probation?

1. The offender or his counsel files a petition with the convicting court

2. The court determines convict qualifications and notifies the prosecutor of the filing of the petition

3. The prosecutor submits his comments on such application within 10 days from receipt of the notification

4. If petitioner is qualified, his application is referred to the probation officer for post-sentence investigation

5. The post-sentence investigation report (PSIR) is submitted by the probation officer to the court within 60 days

6. The court grants or denies the petition for probation within 15 days upon receipt of the PSIR. (as amended by
PD 1257).

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior investigation
by the probation officer and a determination by the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on
probation, the court shall consider all information relative, to the character, antecedents, environment, mental
and physical condition of the offender, and available institutional and community resources. Probation shall be
denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment
to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) 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 a fine of not less than Two Hundred Pesos;

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 (d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions
requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.

What are the Rules on Outside Travels?

 Probation officer authorized the probationer to travel outside the area of the operation for a period of 10
days but not exceeding 30 days.

 If 30 days, Probation must file 5 days before travel a request to travel outside for the approval of
Probation authorities.

 If more than 30 days, Probation Authorities shall recommend for Court Approval.

What are the Rules on Change of Residence?

 The probationer must file a request for change of residence at the city or provincial Parole and
Probation officer to the court approval.

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  If approved, the RTC which has jurisdiction over the place shall have full control of the probationer.

Can applicant reject the grant of probation?

The law does not oblige the defendant to accept the grant of probation, especially when he feel that the terms
and conditions thereof are too onerous for him.

Bail or Recognizance pending petition for probation

Pending the submission of the PSIR and the resolution on the application, the applicant may be allowed on
temporary liberty under his bail, on a new bail, or released on recognizance.

Section 11. Effectivity of Probation Order. 

a. The probationer must present himself to his probation officer within 72 hours
b. Report to his probation officer at least once a month
c. Not to commit another crime
d. Comply with any other lawful conditions
imposed by the court.

Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the 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 such an application
so as to give both parties an opportunity to be heard thereon. The court shall inform in writing the probation
officer and the probationer of any change in the period or conditions of probation.

When can the Court Modify the Conditons Probation?

 at any time during supervision

 after summary hearing when the probationer violated any of its conditions
 upon application by the probation officer or the probationer himself

Period of Probation: the period of probation may be shortened or made longer, but not to exceed the period set
in the law

Note: only the judge who heard and decided the case has the power to grant, deny, modify, revoke and
terminate probation. .

Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be under
the control of the court who placed him on probation subject to actual supervision and visitation by a probation
officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case, a copy
of the probation order, the investigation report and other pertinent records shall be furnished said Executive
Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(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.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less than nor to 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.

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Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may issue a
warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once
arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a case,
the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers
arrested under this provision. 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.

What if the probationer violated the conditions of probation?

 The probation officer investigates the alleged violation and if it is established,

 a report is submitted to the court. Depending upon the nature and seriousness of the violation, there
can be modification of the conditions or revocation of probation by the judge.
 There is also the possibility of arrest including criminal prosecution of probationer in the event of
commission of another offense. The revocation proceeding is summary.
 If the court finds the probationer guilty of serious violation of the conditions of probation, the
offender may be ordered to serve the original sentence imposed

If the probationer committed a crime while under probation, what would be the
consequences?

 The probationer will be arrested for violation of the condition of probation

 Prosecution of the new crime committed
 The court will order the serving of the original sentence of the previous offense

2 Grounds of Revocation of Probation

1. Failure to comply with conditions of probation.

2. Commission of another offense

Section 16. Termination of Probation. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.

When is Probation terminated?

After the probationer has satisfactorily completed the probation period, the Probation Officer shall submit
termination report to the court containing the ff:

 condition of probation
 program of supervision /response to treatment
 recommendation

What are the ways of terminating probation?

1. After period of probation with satisfactory compliance with conditions of probation.

2. Other ways of terminating probation

 Termination before the expiration of the period (served at least 1/3 of the imposed period but not
less than 6 months)
 Termination by pardon of the probationer
 Deportation of the probationer – when an alien on probation is deported, probation will necessary
be terminated.
 Death of probationer.

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What are the rights restored after termination of Probation?

 All civil rights suspended when the offended was convicted and sentenced are restored after the
termination of probation

 Liability to pay a fine is also discharged in case of subsidiary imprisonment.

The probationer and the probation officer shall each be furnished with a copy of such order.

Final report of Probation

At least 30 days before the expiration of the period of probation, the probation officer shallsubmit a final report
to the court which shall indicate the following:

 The program of supervision and treatment followed in dealing with the probationer.
 The response of the probationer to supervision and treatment
 The response of the supervision.
 The recommendation as to whether or not the probationer may be discharged from probation.
 Such otehr information that may be required by the court.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice. His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions of
their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use all suitable
methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act as
probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as probation
aides.

Probation Aides shall not receive any regular compensation for services except for reasonable travel allowance.
They shall hold office for such period as may be determined by the Probation Administrator. Their
qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this Decree.

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References:

Correctional Administration: Non-Institutional Corrections

Chief. Supt. Mercedes A. Foronda (Ret.) DPA, PH.D.

INTERNET REFERENCES

https://wasalakknows.wordpress.com/2020/04/18/non-institutional-corrections/

https://en.wikipedia.org/wiki/Parole_and_Probation_Administration_(Philippines)

https://probation.gov.ph/wp-content/uploads/2018/12/Agency_Profile_a.pdf

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