PROBATION

Another form of non-institutional corrections practices that gives a sentenced convict the chance to
reform and rehabilitate himself without having to spend time in jails.

Probation does not confine to prison a sentenced prisoner but rather released and undergo
personalized community based treatment.

 It derived from the Latin word “Probatio” which means Testing Period.

 Originated in England in the year 1841.

 In English common law, one such practice is known as benefit of clergy.

 Another practice was judicial reprieve, whereby a convicted offender could ask a judge to
suspend the sentence on the condition that the offender displays future good behavior.

 Practiced by the English Court in early 17th century, where they grant reprieves to prisoners
under sentence of death on the condition that they accept deportation or transportation.

Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898-1945) with
the enactment of the Act no. 4221 of the Philippine Legislature on August 7, 1935.

 In 1972, House bill no. 393 was filed in congress, which would establish a probation system in
the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the
1935 law as unconstitutional.

 Congressmen Teodulo C. Natividad and Ramon Bagatsing introduced “ An Act

establishing Probation in The Philippines, Providing Probation Offices, therefore and other
Purposes.”

 On July 24, 1976, Presidential Decree 968 also known as Adult Probation Law of 1976,
signed into law by the President of the Philippines.

Probation – is a disposition under which a defendant, after conviction and sentence, is released to the
supervision of a probation officer subject to conditions imposed by the court. The purposes are as
follows:

The purposes are as follows:

 To protect society through controlled programs of supervision of offenders;

 To promote the correction and rehabilitation of an offender by providing him with individual
treatment;
 To provide opportunity for the reformation of a particular offender which might be less
probable if he were to serve a prison sentence;
 To re-integrate the offender into the society
Advantages of Probation

1. Seen as more helpful than imprisonment in serving the ends of justice and protecting society as
a whole, probation spares the offender the degradation, embitterment and disabling of
imprisonment would only confirm them in criminal ways.

2. It gives the probationers the chance to work, live with his family preventing broken homes and it
gives the government an opportunity to save funds for the practice of probation is less
expensive which only amounts to ten percent of the usual cost of sending criminals to prison.

3. This will serve to decongest our seven national prison facilities which are overpopulated.

Who are disqualified for probation?

1. Those sentenced to serve a maximum term of imprisonment of more than six (6) years;

2. Those convicted of subversion or any crime against National Security or the Public Order;

3. Those who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/ or fine of not less than two Hundred
Pesos (200.00);

4. Those who have been once on probation under the provisions of this Decree; and

5. Those who are already serving sentence at the time the substantive provisions of the Probation
Law became applicable

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 (72) hours from receipt of the 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 specific employment and not to change said employment without the prior
written approval of 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 the probation officer or an authorized social worker to visit his home and place of work;

j. Reside at premises approved by it and not to change his residence without its prior written
approval; or

k. Satisfy any other conditions related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

What is the Difference of Probation from Imprisonment and Parole?

1. Probation is an alternative to imprisonment. Instead of being confined in prison, the

probationer is released to the community by the court with conditions to follow and is placed
under the supervision of PO.

2. Parole is a conditional release of a prisoner whereby he is placed under the supervision of a

Parole Officer after serving his minimum sentence.

3. Probation is a community-based approach to reformation of offenders, while imprisonment

adopts the institutionalized approach.

4. Probation is judicial function while Parole is an administrative function.

5. Probation is handled by the Probation Administration while parole is administered by the

Parole Board

6. Probation is enjoyed only once while Parole may be granted more than once, depending on
good behavior during imprisonment.

7. Probation is more beneficent because it restores full civil rights to the probationer upon
termination unlike parole.

“How long is the period of probation?

A.Not more than 2 years if the sentence is imprisonment for 1 year or less
B.Not more than 6 years if the sentence is imprisonment for more than 1 year but not more than 6
years.
Note: Probation starts upon issuance of the court granting probation.

PRESIDENTIAL DECREE No. 968 July 24, 1976

This Decree shall be known as the Probation Law of 1976.

PROBATION PURPOSE

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and

(c) prevent the commission of offenses.

MEANING OF TERMS

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a
probationer or both.

PROBATIONER -a person who is serving a probationary or trial period

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.

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
waiver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

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

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.
Form of Investigation Report. The investigation report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by the
Secretary of Justice.

Period for Submission of Investigation Report. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said court to
conduct the investigation. The court shall resolve the petition for probation not later than five days after
receipt of said report.

The Probation Administration. There is hereby created under the Department of Justice an agency to be
known as the Probation Administration herein referred to as the Administration, which shall exercise
general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for the
proper execution of its functions.

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 caseloads shall be provided in the rules promulgated pursuant to this
Decree.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATION LAW OF
1976”