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ALBERT C.
PALOMIQUE, MS CRIM, CSMS

CICOSAT COLLEGES
Lingsat, City of San Fernando, La Union, Philippines 2500
Telefax No. (072) 607-11-18/(072) 242-26-98
Email address: cicosatc@yahoo.com
College of Criminal Justice System

Course Overview
Summer Term, A.Y 2019-2020
I. COURSE TITLE : NON-INSTITUTIONAL CORRECTIONS

II. COURSE CODE : CA2
III. COURSE DESCRIPTION : The course focuses on Presidential Decree 968, otherwise
known as ―Probation law of 1976 as amended‖, establishing a probation system in the Philippines, its
historical background, philosophy, concepts and operation on a new correctional system,
investigation, selection and condition of probation distinction between incarceration, parole,
probation and other forms of executive clemency total involvement of probation in the
administration of Criminal Justice System. This course also treats the study of Act 4103, as amended
otherwise known as the ―Indeterminate Sentence Law‖ that created the Board of Pardon and Parole,
system of releasing and recognizance, execution, clemency and pardon.
IV. CREDIT UNITS : 3 units
V. OBJECTIVES :
After completing this module, you are expected to explain fully the basic concepts, principles
and philosophy of the Probation system. Describe the relationships of the probation administration
with other pillars of the criminal justice system, recommend or provide solutions to problems involving
probation investigation and supervision. Discuss the operation of the probation in the country and
apply learned concepts in everyday life.
The Bachelor of Science in Criminology as one of the various programs offered in CICOSAT
Colleges dedicates this module in line with the institutional outcomes for you to manifest lifelong
learning and becoming a responsible member of the family, community and society as an exemplary
model to deter others in committing crimes, exercise the profession competently and generate new
knowledge contributory to national development by imparting knowledge with regards to
community based programs offered by the government. Helps you to express yourself effectively
using various modes of communication during the course and be able to work in a spirit of
collaboration and teamwork. Sharpen your critical and creative thinking to analyze and provide so-
lution discipline-related on moral challenges or problems and make sound decision as a profes-
sional in the field of correction and public safety. Moreover, it activates your global awareness,
community engagement by participating on various community/ industries activities relevant to the
field of specialization like community relation in addressing global and local concerns. Be responsible
socially and ethically by holding personal values and beliefs consistent with the institutions core values
as well as to become actively participate in professional/civic organization and engage in various
activities to promote empowered leaders. These serve as hallmark of the CICOSAT graduates and
indicators of the institution success.
The field of criminology is the study of crime and the various agencies of justice as they
operate and react to crime, criminals and victims. The College of Criminal Justice Education under
CICOSAT Colleges is committed to meet the national standards of competent instruction and training
ensuring the production of excellent and competitive graduates. Therefore, we are dedicated to
provide you with a strong leadership and professionalism in the different aspects of criminal justice
through the program outcomes by actively participating in the profession and by applying your
knowledge and skills in law enforcement, criminal jurisprudence and correctional administration. This
course will help you to engage in other related careers in the field of criminology like guest lecturer,
researcher, publicist, trainers etc. by sharing your expertise in community development. As you go
through the various activities, you can confidently communicate orally and in written from both in
English and Filipino, including local language in the conduct of law enforcement,
criminal jurisprudence and correctional administration.
VI. COURSE REQUIREMENT : Quizzes, Assignments, Major Examination.
VII. GRADING SYSTEM :
VIII. COURSE GUIDE :
This module includes course content and schedule which will serve as your guide in the
sequence of our lessons, the activities to be conducted as well the time and date of submission of
your outputs. Note that this module is good for 28 days only. It is a must that you read your lessons
based in the course schedules, follow the instructions strictly and submit the outputs on time indicated.
Late submission or failure to do the assigned task on time will be given consideration based on the
justification of your explanation but expect a deduction of points.
Please be patient and eager to read each lesson in every module and do your best to
accomplish the assigned task and activities per lesson. Remind yourself as well that all outputs must be
submitted and/or answered via online using Google Classroom for those with Internet connectivity. In
case you are not capable of submitting outputs online, you can do the activities using the space
provided or separate sheets on each lessons then submit the same on the indicated schedule.
Remember that distance learning mode assumes that you are independent learner, but feel free and
do not hesitate to reach me out via SMS (0910069657), via messenger (Account name : Aub Rey) or
via email (amocicosat13@gmail.com) for any questions or clarifications. I am much willing to guide
you and I will appreciate more if we can build up a good rapport in assisting you under this type of
learning modality.
For the assignments, rubrics are given in every activity. In answering via online or in the
provided answer sheet per lesson, please take note that there is an allotted time duration to avoid
any forms of dishonesty. For quizzes, corresponding points are given, in case when answering on your
module, remind yourself that erasures automatically a demerit on the total points or consider wrong. In
addition, aside from assignments and quizzes you need to be prepared for the major
examinations, (Midterm and Final Examination) to pass this course subject.
Good luck to you and I hope you will find this type of learning modality a fun learning as you
go over with each lessons and gain required competencies after completing this module.
“The best preparation for tomorrow is doing your best today”

– H. Jackson Brown Jr.
Aug 24- Sept 25, 2020
Module 1
Module 2
Sept 30 - Nov 6, 2020
Module 3
Module 4
Nov 13 - Dec 21, 2020

Module 5
Module 6
Other Related Laws
 Lesson 1. Introduction to Community-based Correction
 What is Non-Institutional Correction?
 Introduction to programs under Community based correction
 Entities under Philippine Correctional System
 Entities of the Government task for providing Community based-Correction
 Benefits of Community based-Correction
 Purposes
 Functions
 Current issues and concerns on Community based Correction
Lesson 1. PPA’s Role in providing Community-Based Correction

 Vision and Mission
 Mandate, Goals & Function
 Major Rehabilitation Programs
 PPA Seal
 PPA Organizational Structure
 Comparing Restorative Justice to Traditional Criminal Justice
 Service & Administrative Objectives of PPA
 Legal basis
Lesson 1. World of Probation as a Community-Based Corrections

 What is Probation all about?
 Basic Percept and Concepts on Probation
 Statutory attributes of Philippine Probation System
 Forerunners of Probation
 History of Probation (International Setting)
 History of Probation (Philippine Setting)
 PD 968 as amended by RA 10707
 Lesson 1. Executive Power of the President
 Executive Power of President
 Concept of Pardon & its kinds
 General guidelines for recommending executive clemency
 Lesson 1. What is Parole?

 Definition of Parole
 History of Parole (International Setting)
 Adoption of Parole in the Philippines
 Indeterminate Sentence Law (ISLAW)
 Rules on parole and General guidelines for Recommendation of Executive Clemency
 RA 10592
The best preparation for tomorrow is doing your best today”
Have you ever thought why there are people so called as criminals? Are you aware how our
criminal justice system works? What will happen once you have been convicted as a criminal? Is there
really a chance for new hope to reform when criminals committed in jail? Or is it justifiable that a
criminal can go back to the community and serve it’s sentence out of the premise of prison or jail?
How deep is your knowledge about our Correctional System in the Philippines?
As a Criminology student, you need to be armed with a plan that serves as your guide in your
mission as a future law enforcer and a public servant, a coordinates to direct you to have a better
understanding of the different principles, and a weapon not just to protect but buckled up yourself to
engage. Even so, your skills and knowledge will give you the supreme power as to prepare your
journey to save lives & properties, secure their safety and even sacrificing yourself for our country.
This module focus to explain what is community based correction as one of the approaches
used by the government correctional system to reform & rehabilitate person outside the premise of
correctional institutions like jail and prisons. It includes the introduction of the Philippine Correctional
system to understand its structures as well as recognizing the entities in charge in providing community
based programs. In addition, this module also emphasize to make you understand the benefits,
purpose and function of community based correction. In the last part, it is an eye opener for you to
examine and analyze the current issues and concerns of our correctional system with regards to
non-institutional corrections.
Remember in trying to search the answer on the essential or focus of the question :
Do convicts deserve to go back & undergo rehabilitation in the community? Or our
government must stick to its approach that criminals must serve and suffer their sentence in a
correctional institution because they deserve it?
This module consist of one lesson with the following topics:

Lesson 1. Introduction to Community-based Correction
 Topic 1. What is Non-Institutional Correction or Community based-
Correction?
 Entities under Philippine Correctional System
 Entities of the Government task for providing Community based-Correction
 Benefits of Community based-Correction
 Purposes
 Functions
 Current issues and concerns on Community based Correction
At the end of lesson 1, you shall be able to:

 Understand the goal of the government in the concept of using non-institutional
correction as an approach for rehabilitation and reformation of criminals;
 Appreciate the Community Based Correction by understanding the different programs
offered under non-institutional corrections;
 Examine and analyze the benefits, purpose and function of community-based
corrections in relation to its effectiveness;
 Recognize the structure of Philippine Correctional system together with the entities in
charge of providing Non-Institutional Correction programs; and
 Know the current issues and concerns on Community-based corrections.
Remember to search the answer on the essential or focus of the question :

ENGAGE
For simple infraction of laws or ordinances, people undergo COMMUNITY SERVICE. Does it
consider as Community-Based Correction? As it impose to require violators to render
community service in lieu o payment of fine and/or imprisonment? YES or NO?
At present, correctional as pillar of our criminal 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 reengage
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 definitely prejudicial to the government
considering that they consume so much government funds and resources. These are the
common reasons for the promotion of community-based correction approach in lieu of
institutional corrections.
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 in
jail or prison facilities. It is likewise refer to any sanctions in which convicts serve all or a portion
on their entire sentence in the community. Community based correction is a program which
deal with supervised rehabilitation of convicts within the community.
Non-Institutional Corrections/ Community-Based Treatment of Approach
 Community-based approach of corrections provides correctional supervision and services in

a community setting as an alternative to jail or prison.
 The Parole and Probation Administration (PPA) is the government agency that supervises the
activities of the probationer, parolee, pardonee and monitors compliance with conditions
imposed.
 It’s an effective method of accomplishing the changes in behavior of the offender by help
to become a law-abiding citizen.
 Significantly less expensive to supervise inmates in the community than to house them in se-
cure institutional facilities.
 Overwhelmed to an influx of offenders
 Designed to first time or non-serious offenders can avoid the stigma and pains of imprison-
ment and be rehabilitated in the community.
There is now a principle of NON-INSTITUTIONAL CORRECTION that works for the reintegration
of convicted individual to society which is known as RESTORATIVE JUSTTICE. It advocates the
alteration of the behavior of convicts through the use of holistic but non-incarcerated methods
of rehabilitation, (Braithwaire, 1900-1990). It is like helping the convicts to enter the society in a
way they can be accepted by the society. This system has its impact on the society in general
as well, as it helps the society understand and accept the fact that convicts are also part of the
society. (EzineArticles.com)
The above mentioned are the programs offered under Non-Institutional or Community-based Corrections
Pardon –(Absolute & Conditional )

 It is a form of executive clemency which is exercise exclusively by the Chief
Executive.
KINDS:
A. ABSOULTE PARDON
 Refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition.
B. CONDITIONAL PARDON
 Refers to the exemption of an individual, within certain limits or conditions, from
punishment which the law inflicts for the offense he had committed resulting in the
partial extinction of his criminal liability.
Commutation of Sentence
 The reduction of the duration of prison sentence of a prisoner
Reprieve
 The deferment of the implementation of the sentence for an interval period of time; it
does not annul the sentence but merely postpones or suspends it’s execution
Amnesty
A special form of pardon bestowed to a certain person who are usually political offenders.
May be granted Before or After Conviction and needs the concurrence of the congress.
Probation
 A disposition under which a defendant, after conviction and sentence is released subject to
the imposed by the court and to the supervision of a probation officer.
Parole
 A conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence or indeterminate penalty.
You can watched this short video for more details about Executive Clemency, Probation & Parole
 https://youtu.be/pMyJFxQigYU
 https://youtu.be/RrlzRD6FoKQ
 https://youtu.be/kXUZhaWdc3c

Engage!
How deep is your knowledge with regards to our Correctional System? Who cater the needs
of detainees? Who cater the needs of the prisoners? How about to cater the needs of the
child in conflict with the law?
PHILIPPINE CORRECTIONAL SYSTEM

PCS- composed of the institutions in the government, civil society and the business sector that
are involved in the confinement, correction and restoration of person charged with or convicted
of delinquent acts or crimes.
Correction is the fourth pillar of the Philippine Criminal Justice system composed of two major
and equally significant components:
 Institutional-Based Correction
 Non-institutional- Based Correction ( Community Based Correction)
Both are being implemented by the three department of the executive branch of government.
Department of Justice (DOJ)

 It manages the national prisoners thorough its offices.
BUREAU OF COR-  it is given the principal task of the rehabilitation of prisoners
RECTIONS in national prisons so they can become useful members of
society.
BOARD OF PARDON  it recommends to the President the prisoners who are quali-
AND PAROLE fied for parole, pardon or other forms of executive clemen-
(BPP) cy in the form of reprieve, commutation of sentence, con-
ditional pardon, and absolute pardon.
PAROLE AND PRO-  It conducts post-sentence investigation of petitioners for
BATIONS ADMIN- probation as referred by the courts, as well as pre-parole or
ISTRATION (PPA) pre-executive clemency investigation to determine the sus-
tainability of the offender to be integrated in the communi-
ty instead of serving their sentence inside an institution or
prison. It exercise general supervision over all parolees and
probationers and promotes the correction and rehabilita-
tion of offenders outside the prison institution.
Department of Interior and Local Government

 It manages who are undergoing investigation, awaiting or awaiting trial, awaiting final
judgment and those who are convicted by imprisonment up to three years.
BUREAU OF JAIL MAN-  it has the jurisdiction over all municipal, city and dis-
AGEMENT AND PE- trict jails nationwide.
NOLOGY (BJMP)
PROVINCIAL LOCAL  it operates all provincial jails not turned over to the
GOVERNMENT UNITY BJMP
PHILIPPINE NATIONAL  It maintains detention facilities in its different police

POLICE station nationwide and custodial center inside the
PNP headquarters in Camp Crame
Department of Social Welfare and Development

 it operated RRCY and assumes responsibility for the restorative part of the correctional system by
maintaining centers for the care and restoration of abused women and children who are in conflict
with the law.
EXAMPLE:
MARILLAC HILLS
 a rehabilitation center for abused and troubled girls as well as female CICL. Located at Filin-
vest Corporation City, Alabang, Muntinlupa City.
NATIONAL TRAINING SCHOOL FOR BOYS

 a residential facility that provides care and rehabilitation to juvenile CICL located at Camp
Capinpin Compound, Sampaloc,Tanay Rizal.
NAYON NG KABATAAN
 a residential facility for abused, orphaned, abandoned, neglected and exploited children
ages 7-17 y/o. Located at Addition Hills, Welfare Compund, Mandaluyong City,
 Philippine Correctional System is fragmented in basis due to E.O 324 signed by the
former President Ramos on April 12, 1996.
A. Parole and Probation Administration (PPA)

 Conduct investigations of all cases in relation to parole, probation and pardon
 Responsible for the supervision of all parolees, probationers and conditional
pardon grantees
B. Board of Pardon & parole (BPP)

 Authority in granting parole
 Responsible for recommending the grant of pardon and executive clemency to
the president
C. Department of Social Welfare and Development (DSWD)

 Handling cases of Child in Conflict with the Law (CICL)
 You can visit this websites for more details about the entities mentioned above;
 http://probation.gov.ph/
 https://www.dswd.gov.ph/
The idea behind non-institutional correction program is that, most convicts can be effec-
tively held accountable for their crimes at the same time that 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 con-
victs within the community confers several benefits such as:
 The convicts will remains in the community in which he or she has responsibilities. He can con-
tinuously engage to his legitimate sources of livelihood to support himself and his family and
the government can collect taxed form him;
 Convicts under community- based correction are more capable to compensate their victims
through restitution or to pay-back the community through community service; and
 Community – based corrections programs do not expose convicts to the subculture of vio-
lence existing in jails or prisons.
Other benefits:
A. Strengthening family ties through avoidance of broken family relationships.
 The treatment and rehabilitation of convicted offender is done outside the institutional
facilities, hence family members will not suffer broken family due to imprisonment of one
if its members;
B. Prevention of Influence Contamination
 Putting convicted felon to prison may expose him to hardened criminals who might
influence him to be more hardened criminal than before;
C. Engagement of Community Involvement
 Rehabilitation can be more effective with the help of the members of the community.
D. Assurance of Individualizes Treatment Approach
 These programs provide individualize treatment program for the convicts which is if not
available, it is hard to attain in correctional institution.
 It is more economical than institutional-based correction on the part of the Govern-
ment.
PURPOSES COMMUNITY BASED CORRECTION PROGRAMS:

 Facilitating Convicts Reintegration
 Fostering Convicts Rehabilitation
 Providing an Alternative Ranger of Convicts Punishment
 Heightening convicts accountability
FUNCTIONS
 Client monitoring and supervision to ensure program compliance
 Ensuring public safety
 Employment assistance
 Individual and group counseling
 Educational training and literacy services
 Networking with other community agencies and business
 Reducing jail and prison overcrowding
CURRENT ISSUES AND CONCERN ON COMMUNITY-BASED CORRECTION

 Public resistance against non-institutional correction
 Punishment against rehabilitation and reintegration
 Convicted individual needs safety as well as the public
 Availability of rehabilitation services
 Education and training for rehabilitation service providers
 Coping with special needs of the convicts
The focus of this module is to explain the role of Parole and Probation
Administration as one of the entities providing community based-corrections in the
administration of justice. You are expected to internalize its function and appreciate their
responsibilities in the efforts for the holistic development and reformation of the criminals.
Furthermore, the enlightenment on how PPA helps the community, criminals and
the victims by means of providing rehabilitation as a resort of restorative justice are
included under this module , together with the statement of the vision, mission, goals,
functions and mandate of the administration. The detailed explanation of the
administration seal, rehabilitation programs offered by the administration, its organization-
al structure as well as the legal basis of its establishment and function is one of the em-
phasis topics to better understand the operation of the PPA.
Towards the end of this, after finishing this module you must be more aware and
can be able to help the administration in the pursue of achieving the restorative
justice by participating the programs, exert cooperation and extend
efforts in achieving the prime concern of the admin-
istration, to rehabilitate the criminals in our community as
part of the community based program.
Remember in trying to search the answer on the essential or focus of the ques-
tion :
As a future Criminologist and an aspirant public servant, may this module gives
you the insight on how to embrace other methods of giving rehabilitation
programs that fits on the needs of the victim and the criminals not solely in the
sense of retribution just because the criminal deserves to be punished. Are you ready to open
your minds and begin to understand in depth the role of PPA in leading the concept of restora-

Lesson 1. PPA’s Role in providing Community-Based Correc-
tion
 Vision and Mission
 Mandate, Goals & Function
 Major Rehabilitation Programs
 PPA Seal
 PPA Organizational Structure
 Comparing Restorative Justice to Traditional Criminal Justice
 Service & Administrative Objectives of PPA
 Legal basis
Module 2. Parole & Probation Administration


 Understand and appreciate the role of Parole and Probation Administration as an entity provid-
ing community-based correction;
 Explain and discuss the major rehabilitation programs offered by the PPA;
 Internalize the symbolism of the seal together with the structure of the administration, together
with the detailed qualification and duties of key personnel positions;
 Examine the difference of the Restorative justice from the traditional criminal justice and
 Know the legal basis of the functions of the Administration.

ENGAGE
Restorative Justice is the aim and main purpose of community based correction. When you
based on your observation in our present situation, is RESTORATIVE JUSTICE an effective
method in the search of true administration of justice?
VISION
A model component of the Philippine Correctional System that shall
enhance the quality of life of its client through multi-disciplinary pro-
grams and resources, an efficient organization, and a highly profes-
sional and committed workforce in order to promote social justice
and development.
MISSION
To rehabilitate probationers, parolees and pardoned and promote
their development as an integral persons by utilizing innovative inter-
ventions and techniques which respect the dignity of man and rec-
ognize his divine destiny.
FUNCTIONS GOALS
 to administer the parole and probation  Promote the reformation of criminal of-
system fenders and reduce the incidence of
 to exercise supervision over parolees, recidivism, and
pardonees and probationers  Provide a cheaper alternative to the
 to promote the correction and rehabili- institutional confinement of first-time
tation of criminal offenders offenders who are likely to respond to
individualized, community-based treat-
ment programs.
MANDATE
The Parole and Probation Administration is mandated to conserve and/or redeem convict-
ed offenders and prisoners who are under the probation or parole system.

 RESTORATIVE JUSTICE (RJ)
 VOLUNTEER PROBATION
ASSISTANT (VPA)
PROGRAM
 THERAPEUTIC
COMMUNITY (TC)
RESTORATIVE JUSTICE (RJ)

 It is a philosophy and a process whereby stakeholders in a specific offense resolve
collectively how to deal with the aftermath of the offense and its implications for the
future. It is a victim-centered response to crime that provides opportunity for those
directly affected by the crime - the victim, the offender, their families and the com-
munity - to be directly involved in responding to the harm caused by the crime. Its
ultimate objective is to restore the broken relationships among stakeholders.
 It process provides a healing opportunity for affected parties to facilitate the recov-
ery of the concerned parties and allow them to move on with their lives.
 It seeks to build partnerships to reestablish mutual responsibility for constructive re-

sponses to wrongdoing within our communities. It seek a balanced approach to the
needs of the victim, wrongdoer and community through process that preserves the
safety and dignity of all.

VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM
 It is a strategy by which the Parole and Probation Administration may be able to

generate maximum citizen participation or community involvement.
 Citizens of good standing in the community may volunteer to assist the probation
and parole officers in the supervision of a number of probationers, parolees and
conditional pardonees in their respective communities. Since they reside in the
same community as the client, they are able to usher in the reformation and reha-
bilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave the way for the offender, victim and
community to each heal from the harm resulting from the crime done. They can initiate
a circle of support for clients and victims to prevent further crimes, thereby be partici-
pants in nation-building.

THERAPEUTIC COMMUNITY (TC)

 It is a self-help social learning treatment model used in the rehabilitation of drug of-
fenders and other clients with behavioral problems. TC adheres to precepts of ―right
living‖ - Responsible Love and Concern; Truth and Honesty; the Here and Now; Per-
sonal Responsibility for Destiny; Social Responsibility (brother’s keeper); Moral Code;
Work Ethics and Pride in Quality.
 It is an environment that helps people get help while helping themselves. It operates
in a similar fashion to a functional family with a hierarchical structure of older and
younger members. Each member has a defined role and responsibilities for sustaining
the proper functioning of the TC. There are sets of rules and community norms that
members commit to live by and uphold upon entry. The primary ―therapist‖ and
teacher is the community itself, consisting of peers, staff/probation and parole offic-
ers and even Volunteer Probation Aides (VPA), who, as role models of successful per-
sonal change, serve as guides in the recovery process.

PPA Administrator
-The administration is headed by Administrator which is appointed by the President
of the Philippines.
QUALIFICATION:
 At least 35 years of age
 Holder of Master Degree or its equivalent in either Criminology, Social Work, Cor-
rection, Penology, Psychology, Sociology, Public Administration, law, police sci-
ence or related fields
 Have at least 5 years supervision experience, or member of Philippine Bar with at
least 7 years of supervisory experience
DUTIES:
 Act as Executive Officer of the Administration
 Exercise supervision and control over all Probation Officer
 Promulgates subject to the approval of the Secretary of Justice and necessary
rules relative to the methods and procedures of the probation process
 Submits annual report to the Secretary of Justice, in such form as latter may pre-
scribe, concerning the operation, administration and improvement of the proba-
tion system
 Recommend to the Secretary of Justice the appointment of the subordinate per-
sonnel of the administration and other offices established in PD 986 as amended
 Provides for planning, research and evaluation of the probation system and pro-
gram
 Appoints citizen of good repute and probity to acts as a volunteer probation aids
 Generally performs such duties and exercise such powers as may necessary or in-
cidental to achieve the objectives of PD 968 as amended
ASSISTANT ADMINISTRATOR
-Also appointed by the President.
QUALIFICATION:
 At least 35 years of age
 Holder of Master Degree or its equivalent in either Criminology, Social Work, Cor-
rection, Penology, Psychology, Sociology, Public Administration, law, police sci-
ence or related fields
 Have at least 5 years supervision experience, or member of Philippine Bar with at
least 7 years of supervisory experience
DUTIES:
 Assist the Administrator in the planning, organizing, directing and controlling the
activities and function of the Administration
 Serves as Deputy to the Administrator and acts as such in the absence of the latter
 Assists in the formulation of the policies, rules and regulations and in the implemen-
tation and/or execution of the programs and projects of the Administration
 Perform such duties as may be assigned by the Administrator

REGIONAL PAROLE PROBATION OFFICER

 Appointed by the President in accordance with the Integrated Reorganization Plan
upon Recommendation of the Secretary of Justice
 Exercise supervision and control over all Provincial District and City Probation Officer
within his jurisdiction and performs such other duties as may be assigned by the Ad-
ministrator
QUALIFICATION:
 Possess at least Bachelor’s Degree with a major in social work, sociology, psycholo-
gy, criminology, penology, corrections, police science, police administration or re-
lated field
 Has at least 3 years of experience in work requiring any of the above mentioned
discipline or is member of Philippine Bar with at least 3 years of supervisory experi-
ence
DUTIES:
 Implements laws, policies, programs, rule and regulation of the Administration in the
Regional Office
 Provide economical, efficient and effective probation service to the people in the
region
 Coordinate with Regional Officer of the Department, Bureau and agencies in the
area
 Coordinate with local government units in the area; and
 Perform such functions as may be provided by law or may be assigned by the Ad-
ministrator
CITY/PROVINCIAL PAROLE/PROBATION OFFICER

 There should be at least Probation Officer in each Province and City who will be ap-
pointed by the Secretary of Justice upon recommendation of the Probation Admin-
istrator and in accordance with civil laws and rules
QUALIFICATION:
 Possess at least Bachelor’s Degree with major in Social Work, Sociology, Criminolo-
gy, Penology, Corrections, Police Science, Police Administration or related field
 Have at least 3 years of experience in work requiring any of the above mentioned
discipline or is a member of Philippine Bar with at least 3 years of supervisory experi-
ence.
DUTIES
 Investigate all person referred to him for investigation by the proper court or Admin-
istration
 Instruct all probationers under his supervision or the Volunteer Probation Aides (VPA)
on the terms and conditions of the probation
 Keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about on improvement in their con-
duct and conditions

 Maintain a detailed record of his work

 Submit such written reports as may be required by the Administration or the court
having jurisdiction over the probationer under his supervision
 Utilize community resources and enlist qualified residents of the Province, District or
City wherein he is assigned who are willing to act as a Volunteer Probation Aide.
 Supervise the training of Volunteer Probation Aides and oversee the latter’s supervi-
sion of probationers
 Exercise supervision and control over all field assistants, volunteer probation aides
and other personnel
 Receive for the court the restitution of the object of crime or its reparation, indemni-
fication of consequential damages, fine imposed and the cost of the proceeding as
pronounced on the probationer, when so required by the court
 Perform such other duties as may be assigned by the court or the Administration
FIELD ASSISTANTS,SUBORDINATE PERSONNER

 Assist Regional, Provincial, or city Probation officer as may be necessary to enable
them to carry out their duties effecticely. (Sec. 27, PD 968 as amended by RA 10707)
PROBATION OFFICER
 Conduct post-sentence investigation
 Assist the Provincial or City Probation Officer to carry out his duty effectively
 Deals directly with the VPA regarding the conduct of visitation and supervision and
provision of counseling and other social services appropriate to the rehabilitation of
the probationer.
VOLUNTEER PROBATION ASSISTANT (see Sec 6 of RA 10707)

 Assist the supervision of the probationer
 Does not receive any regular compensation for service except for a reasonable
travel allowance (voluntary work)
DUTIES
 Supervise, assist and guide the probationer under his charge and use all suitable
methods to bring an improvement in his conduct and conditions
 Prepare and submit a detailed record of his work such written report as may be re-
quired by the Probation Officer or the court having jurisdiction over the probation
under his supervision
 Perform other duties as may be assigned to him by the court of the Probation Office.


STAFF SERVICES
 Provides technical expertise for the most implementation of the program.
 Composed of different division divided into different sections
ADMINISTRATIVE DIVISION
-Responsible for providing the Administration with well planned, directed and co-
ordinated services relating to personnel, records, supplies, equipment, disburse-
ment, custodial and janitorial work.
SECTIONS:
 PERSONNEL SECTION – administer personnel management program of the admin-
istration which includes selection and placement, classification and pay, employ-
ee relations and personnel actions and transaction.
 INFORMATION SECTION- develops information program to disseminate the policies,

plans, activities and achievements of the Administration.
 GENERAL SERVICE SECTION-performs activities and functions related to the mainte-

nance and disposition of records, mails, transportation and general utility services,
procurement, storage and issuance of supplies, materials and equipment, messen-
ger and clerical services, collection and disbursement and maintenance of print-
ing and library facilities.
FINANCIAL AND MANAGEMENT DIVISION

- Responsible for providing the Administration with staff service and assistance in
budgeting, financial and management improvement.
SECTIONS:
ACCOUNTING SECTION- Keeps and maintains basic accounting records and
books of account reflecting the financial activities, transactions and condi-
tions of the Administration.
BUDGETING SECTION- Undertakes budgetary activities which include fund esti-
mates in support of operation, plans and programs, preparation of financial
work plans, allocation of funds to programs based on approved guidelines
and priorities, issuance of allotment advice and preparation of budget direc-
tives.
MANAGEMENT SECTION- develop plans and program objectives for the admin-
istration, make studies and initiates improve management system and proce-
dure to maintain harmony and eliminate over tapping of functions, improve
working conditions, reduce costs and promote maximum efficiency and con-
trol of manpower.

LEGAL AND INSPECTION DIVISION

 Responsible for providing various units of Administration with legal advice (Legal
Adviser)
 Prepares decisions and/or opinions of law brought before the Administration
 Prepares interpretation of law that may arise in connection with the implementa-
tion of or carrying out the provision of Probation Law
 Causes the inspections and auditing of activities, operation and personnel of the
Administration
CASE MANAGEMENT AND RECORDS DIVISION

 Manages and care of cases and records
 Provide consultative and technical services to operating units and offices of the
Administration in improving court services; case-work services; report writing and
case recording and assist in formulating performance standards thereof.
 Maintain a file of cumulative case records of all probationers and other offenders
subject to post-sentence investigation and/or supervision by the Administration.
 Monitor the over-all comparative performance of probation officers and filed
workers by the analysis of case records, direct observation, field visits and other
methods and submit recommendation in insuring uniformity and improving quality
of case records and probation services.
 Keep and maintain records of division, legal documents, histories and other rec-
ords pertinent to the probationers, probation officers and probation system in gen-
eral
 Development system of control of records to insure confidentiality of probation
records
 Liaison and establish linkage with various pillars the criminal justice system in main-
taining an efficient crime information system
 Performs such other duties as may be assigned from time to time
TRAINING DIVISION
 Responsible for the training programs/activities of the Administration which in-
clude the development of programs of instruction, training schedule, the conduct
of training and related activities and the preparation of resource materials and
training handouts.
 Functions:
 Train probation officers and probation aids, citizen volunteers and personnel of
the community agencies and institution providing service and assistance to pro-
bationers.
 Establish and operate national and regional centers
 Keep abreast with the changing philosophy of corrections, methods of correction-
al treatment, techniques of behavior modification, guidance and counseling and
resource development and management
 Evaluate training program, conduct researches on curriculum development and
enrichment and develop new method of instruction
 And others instructed by the Administration
COMMUNITY SERVICE DIVISION

 Establish and operate service center, community residential centers, sheltered
workshop and other facilities for the treatment and assistance of probation
 Assist social institution and agencies in the community in developing facilities, pro-
grams and services for probationers
 Maintain liaison with other government agencies and institutions available as refer-
ral resources for probationers
 Provide technical and consultative service to operating units and offices selection
of volunteers development and management of community resources and other
services.
 Assist in formulating standards of administration and operation of community treat-
ment facilities for probationers
And others instructed by the Administration
CLINICAL SERVICE DIVISION

 Provide diagnostic and clinical service on the psychiatric and psychological as-
pect of the probation process
 Conduct case studies on the probation referrals by the court of field offices
 Conduct test battery examination on applicants for employment in the Admin-
istration
And others instructed by the Administration
RESTORATIVE JUSTICE TRADTIONAL CRIMINAL JUSTICE
 Who has been hurt?  What laws have been broken?
 What are their needs? Whose obliga-  Who did it?

tions are these?
 What do the offender/s deserve?
 What are the causes?
 Who has a stake in the situation?
 What is the appropriate process to in-

volve stakeholders in an effort to ad-
dress causes and put things right?

SERVICE OBJECTIVES:
1. To provide the courts with relevant information and judicious recommendation for the
selection of offenders to be placed on probation.
2. To provide the Board of Pardons and Parole with necessary and relevant information which
can be used in determining a prisoner’s fitness for parole or any form of executive clemen-
cy.
3. To provide the Dangerous Drugs Board with pertinent information and prudent recommen-
dations for the determination of first-time minor drug offenders to be placed on suspended
sentence,
4. To effect the rehabilitation and the integration of the probationers, parolees pardonees
and first time minor offenders as productive, law abiding and socially responsible members
of the community.
5. To prevent recidivism and protect the community through a well-planned supervision of
probationers, parolees, pardonees, and first-time minor drug offenders.
6. To make use of innovative, ad financially and technically feasible projects to uplift the mor-
al, spiritual and economic condition of probationers, paroles, pardonees and first time mi-
nor drug offenders by utilizing available community resources as much as possible.
7. To continuously assess and improve professional performance in post-sentence, pre-parole/
executive clemency, and suspended sentence investigation, case management, and oth-
er related works.
8. To periodically review the Probation law and its implementing rules as to reconcile the
same with the evolving realties in the field.
9. To assiduously observe and uphold the professional ethics in the delivery of service.
ADMINISTRATIVE OBJECTIVES:
1. To optimize operations through:

A. maximum functioning of existing units according to their respective duties
B. Systematic expansion of services, according to the demands of probation work and availa-
ble resources.
C. Judicious utilization of limited agency resources so as to obtain desired results in the best
manner possible with the least expenditures of time, efforts and money.
2. To achieve a united approach to Agency goals through integrated planning and constant
coordination among all units.
3. To develop a more efficient and up-to date system for the collection, collation and analysis
of data relative to probation, parole and suspended sentence case loads, and their manage-
ment.
4. To recruit qualified employees and volunteer aides, and to promote their continuing profes-
sional development.
5. To continuously improve staff and the line service through adequate personnel supervision,
relevant research, and periodic evaluation.
6. To generate greater public and inter-agency support for probation through as integrated
and systematic public information programs
7. To activate the participation in the government’s jail decongestion program, and in this con-
nection, to give priority to detention prisoners in our public information drives.
8. To cooperate and coordinate with other agencies of the government in the accomplish-
ment of national program thrusts.

Laws/Rules/Regulations Description
-Presidential Decree No. The Probation Administration was created

968 ―The Probation by virtue of Presidential Decree No. 968,
Law of 1976‖ July 24, 1976 otherwise known as ―The Probation Law of
1976‖ to administer the probation sys-
tem.
-Executive Order 292 The Probation Administration was re-

―The Administrative Code of named ―Parole and Probation Administra-
1987‖ promulgated on tion‖ and given the added function of su-
November 23, 1989 pervising prisoners who, after serving part
of their sentence in jails are released on
parole or are granted pardon with parole
conditions.
-Sections 66 – 70 of Republic The Parole and Probation Administration
Act No. 9165 was given the duty of investigating and
―The Comprehensive Dan- supervising first--‐time minor drug offenders
gerous Drugs Act of 2002‖ Au- placed under suspended sentence.
gust 30, 2002
-Dangerous Drugs Board Res-

olution No. 2
July 19, 2005
- M e m o r a n d u m o f
Agreement between
Dangerous Drugs Board and
Parole and Probation
Administration
August 17, 2005
-Sections 54 and 57 of Repub- The Parole and Probation Administration
lic Act No. 9165 was given the task to supervise a person
―The Comprehensive who is placed on probation or community
Dangerous Drugs Act of service under the voluntary service pro-
2002‖ August 30, 2002 gram.
Republic Act No. 10389 The Parole and Probation Administration

―Recognizance Act of 2012‖ was given the responsibility of monitoring
March 26, 2014 and evaluating the activities of the person
released on recognizance.

Executive Order No. 468 The Parole and Probation Administration

―Revitalization of Volunteer was mandated to revitalize the Volunteer
Probation Aide Program‖ Oc- Probation Aide Program to heighten and
tober 11, 2005 maximize community involvement and par-
ticipation in the community--‐based pro-
gram of the Agency in the prevention of
crime, treatment of offenders, and criminal
justice administration.
Republic Act No. 10707 The amendments to P.D. 968 were: a) Sec-
―An Act Amending Presi- tion 4--‐ Grant of Probation, b) Section 9 – Dis-
dential Decree No. 968, oth- qualified Offenders, c) Section 16 – Termina-
erwise known as the Proba- tion of Probation, d) Section 24 – Miscella-
tion Law of 1976, as amend- neous Powers of Regional, Provincial and
ed‖ City Probation Officers, e) Field Assistants,
November 26, 2015 Subordinate Personnel, and f) Section 28 –
Volunteer Probation
Assistants

This module overview the world of probation as an offered individualized and community-
based correction. It includes the details in tracing the historical background on the evo-
lution of probation system in international and Philippine setting. It goes with the ex-
planation of the purposes, advantages and Ii focuses also on the provisions and
other legal basis in the practice of implementing probation law. After finishing this
module, you are expected to understand and be more aware how probation sys-
tem helps in promoting restorative justice and achieving the goal of our govern-
ment in the prevention of crime commission.
Remember in trying to search the answer on the essential or focus of the question :
As a future Criminologist and an aspirant public servant, may this module gives you
the insight on how to embrace other methods of giving rehabilitation programs that
fits on the needs of the victim and the criminals not solely in the sense of retribution just
because the criminal deserves to be punished.
Are you ready to open your minds and begin to understand deeper how probation system in
works?
Criminals are no doubt that needs rehabilitation and reformation. We, as part of the community
pillar have a great responsibility to help the government to eradicate the commission of the
crime and it’s an impact on the flow of our criminal justice system. But the question here is, do
criminals deserve to go back in the community to serve their sentence as an individualized cor-
rection treatment? What do you think? Well then, brace yourself and lets begin to understand
what is PROBATION all about.

Lesson 1. World of Probation as a Community-Based Corrections
 What is Probation all about?
 Basic Percept and Concepts on Probation
 Statutory attributes of Philippine Probation System
 Forerunners of Probation
 History of Probation (International Setting)
 History of Probation (Philippine Setting)
 PD 968 as amended by RA 10707
Module 3. Probation

 Understand the concept of probation system;
 Learn the basic percepts and statutory attributes of Probation;
 Trace the historical background and the evolution of Probation in international setting;
 Trace the historical background and the evolution of Probation in Philippines;
 Analyze how probation system works;
 Explain and discuss the related provisions and legal basis related to probation law .
 A term coined by John Augustus, from the Latin verb "probare" – which means to
prove or to test.
 It is a procedure under which the court releases a defendant found guilty of a
crime without imprisonment subject to the condition imposed by the court and
subject to the supervision of the probation service.
 It may be granted either through the withholding of sentence (suspension of im-
position of a sentence) or through imposition of sentence and stay or suspension
of its execution. The former generally considered more desirable.
 It is a privilege granted by the court to a person convicted of a criminal offense
to remain in the community instead of actually going to prison/jail.
 A disposition under which the defendant after conviction and sentence is re-
leased subject to the conditions imposed by the court and the supervision of a
probation officer
Note:
 Probation officer is one who investigate for the courts a referral for probation or
supervise a probationer or both while Probationer is one who is placed under pro-
bation,
Module 3. Probation
 As an individualize and community-based treatment, it creates relationship be-

tween the probationer and probation officer, the probation officer exercising
supervision over the probationer. This relationship assumes the willingness of the
probationer to be placed on probation.
 Probation supervision implies a systematic guidance and assistance of the pro-

bation officer for personalized treatment for the probationer. This constitutes the
probationary treatment. A community-based treatment underlines the goal of
re-integrating the probationer into the mainstream of the society. Hence, com-
munity involvement and support are important for the development, recreation
and education and other treatment and prevention programs aimed at reduc-
ing the alienation of the probationer form the community.
 As an opportunity for reformation. Probation is humane correctional treatment

of offender. Inherently, the concept recognized the lesser probability of refor-
mation if s duly convicted and sentenced offender is incarcerated thereby di-
rectly causing disruption of his normal family and social relationships. The oppor-
tunity to reform and assume a normal life is greatly enhanced when the of-
fender is released, after the conviction of sentence, to the custodial supervision
of a probation officer. At this juncture, it is must be noted that only offender
who are likely to respond to individualized and community-based treatment
programs can avail the probation. it is ultimate goal of probation that proba-
tioners be productive members of the society thereby assuming family as well
as community responsibilities.
 To prevent the commission o offense. As an alternative to incarceration. It rep-

resent enlightened and human correction system. Recognizing the likelihood
that crime is an outgrowth of a situation such as family problem or unemploy-
ment or the likelihood that crime is significantly related to other condition such
as when the offender is suffering from a mental illness or psychological abnor-
mality. Probation seeks to correct archaic belief that incarceration deters com-
mission of crimes. The means to achieve such is through individualized and
community based treatment. Moreover, long term imprisonment tends to erode
the offender’s capacity for responsibility and capability to a assume a respect-
able social life. The objective of probation therefore, is for the protection and
welfare of the society through prevention of the commission of crime.
Module 3. Probation
1. It is a ―once in a lifetime affair‖

2. Selective application
3. Persons under probation retain their civil rights
4. The suspension of the execution of sentence is conditional
5. Conditions of probation to be imposed by the court to protect public safety
and to foster the rehabilitation and reformation of the probationer.
6. Jurisdiction of the court is continuing in character
7. Post sentence investigation report is mandatory.
8. Supervision, guidance and assistance by the probation officer over the pro-
bationer
1. AS A SYSTEM OF INSTRUCTION
 The probationer will be placed under the supervision of probationer officer who
shall be directly in charge of supervising and monitoring the progress of the rehabili-
tation program based on the conditions imposed by the court. Such control of the
court shall considered continuing in character until such time that the court orders
the discharge from probation of the convict.
2. SUSPENDED IMPOSITION OF SENTENCE
 Probation consists of the conditional suspension of the execution of sentence while

the convict is placed under supervision and is given individual guidance and treat-
ment programs.
3. PROVISION FOR INDIVIDUALIZE TREATMENT PROGRAM
 The basic purpose for probation is to provide an individualized treatment program

offering a first time or unhardened convict as an opportunity to be rehabilitated
without institutional confinement or imprisonment, under the tutelage of probation
officer and under the continuing power of the court to impose institutional punish-
ment for his original offense in the event that he abuse such opportunity, and court
have a wide discretion to accomplish such intent.
Module 3. Probation
Probation was first legally established in the US. They are the country that first enacted
the law but its origin from English common law brought to us by the colonists.
(1) BENEFITS OF CLERGY

 The earliest device for softening brutal severity of punishment.
 Henry II in the 13th century compromised between church and state- member of
the clergy brought before the king’s court maybe claimed for that jurisdiction by
the Bishop or Chaplain requesting him on the ground that he is subject to the ec-
clesiastical court only.
 The benefit result the compromise is that jurisdiction is that jurisdiction is main-
tained with the Kings court but sentencing, Greater Leniency is done resulting to
escape from death penalty. King would not present evidence so if found guilty-
degraded or put to penance.
 It was fought for by Archbishop Thomas Becket and conceded by Henry II in 1176
in the aftermath of Becket's murder. It exempted clergy from trial or sentence in a
secular court on charges arising from a range of felonies and offences. This ex-
emption extended from tonsured clerics to include nuns, and later it was allowed
to all who could prove themselves literate by reading a verse of Scripture when
charged with certain violations of the law. The reasoning was that literacy was
the accepted test of clerical status. It was abolished by Parliament in 1827.
(https://www.encyclopedia.com/social-sciences-and-law/law/law/benefit-
clergy)
(2) JUDICIAL REPRIEVE

 another device for modifying the severity of law was the temporary with-
holding (suspend) of sentence used early English Judges.
 this is the temporary suspension of execution of sentence by the judge ei-
ther before or after judgment. Early 17th Century, with the establishment of
settlement in America, English courts began to grant reprieves to prisoners
under sentence of death on condition that they accept deportation/
transportation.
(3) REPRIEVE –(reprende-meaning make fade) is withdrawing of a sentence

for the period of time whereby execution is suspended either before or af-
ter judgment.
Module 3. Probation
(4)RECOGNIZANCE (Binding over Good Behavior)

 The word "recognizance" comes from the Latin recognoscere,
meaning "to recall to mind"
 It is a form of agreement which bound the defendant to good
behavior during release and committed the defendant to ap-
pear in court on a given date for trial or final disposition of his
case.
 Older method of suspending or deferring
 Direct ancestor or probation
 An ancient practiced developed on England on 14th century, it
is a measure of preventive justice involving and involves obliga-
tion or sworn promise to under court order of a person not yet
convicted that he would keep the peace and be of good be-
havior.
 Sureties on bail are usually required and the person who stood
surety has the power and duty to impose the condition and re-
turn the person to court if he commit another crime or fail to
comply with the conditions.
(5) TRANSPORTATION (Banishment)

 Used by England for 200 years
 The sending or putting away of an offender to another colony.
Used to attempt to substitute for brutal punishment at home on
opportunity for rehabilitation in a new country.
 A principal method of disposing offenders ridding country of
criminals
 Supplying new colonies with cheap labors
 Profited ship owners
 Substitute for brutal punishment
 The result of over congestion in the mainland
Module 3. Probation
The origins of probation can be traced to English criminal law of the

Middle Ages. Harsh punishments were imposed on adults and children alike for
offenses that were not always if a serious nature. Sentences such as branding,
flogging, mutilation and execution were common. During the time of King Hen-
ry VIII, for instance, no less than 200 crimes were punishable by death, many of
which were minor offenses.
This harshness eventually led to discontent in certain progressive seg-

ments of English society concerned with the evolution of the justice system.
Slowly, yet resolutely, in an effort to mitigate these inhumane punishments, a
variety of measures were devised and adopted. Royal pardons could be pur-
chased by the accused; activist judges could refrain from applying statuses or
could opt for a lenient interpretation of them; stolen property could be deval-
ued by the court so that offenders could be charged with a lesser crime. Also,
benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders
a degree of protection from the enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for good be-
havior," a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain courts
in due time began suspending sentences.
In the United States, particularly in Massachusetts, different practices

were being developed. "Security for good behavior," also known as good ab-
errance, was much like modern bail: the accused paid a fee as collateral for
good behavior. Filing was also practiced in cases that did not demand an im-
mediate sentence. Using this procedure, indictments were "laid on file" or held
in abeyance. To mitigate unreasonable mandatory penalties, judges often
granted a motion to quash based upon minor technicalities or errors in the pro-
ceedings. Although these American practices were genuine precursors to pro-
bation, it is the early use of recognizance and suspended sentence that are
directly related to modern probation.
Module 3. Probation
Two names are most closely associated with the founding of probation:
(1) Matthew Davenport Hill, an 18th century English barrister and judge; and
(2) John Augustus, a 19th Century Boston boot-maker.
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 par-
ent 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 reha-
bilitation, 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 tack the offender's progress and to keep a running account.
MATTHEW DAVEPORT HILL

 Considered as the Father of Probation in England
 An English Lawyer & Penologist, born on August 6, 1792 at Birmingham
 He conducted his experiment in Birmingham Court
 1481, he acted for and in behalf of juvenile offender, when he believes that; (a)
the individual is not fully corrupt, (b) there was reasonable hope of reformation
(c) when there could be found person to act as guardian they are kind enough
to take care of young convict.
Module 3. Probation
John Augustus, the "Father of Probation in USA," he is recognized as the first true proba-
tion officer. Augustus was born in Woburn, Massachusetts, in 1785. He died on June 21, 1859.
By 1829, he was a permanent resident of Boston and the owner of a successful boot-
making business ( Boston Shoemaker) start to work at age of 21 years of age. It was undoubtedly
his membership in the Washington Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were convinced that abusers of alco-
hol could be rehabilitated through understanding, kindness and sustained moral suasion, rather
then through conviction and jail sentences.
In 1841 at age of 57 he became interested in court work, John Augustus attended police
court to bail out a "common drunkard," the first probationer. The offender was ordered to ap-
pear in court three weeks later sentencing. He returned to court a sober man, accompanied by
Augustus. To the astonishment of all in attendance, his appearance and demeanor had dra-
matically 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 pro-
bationers taken under his wing. Close attention was paid to evaluating whether or not a candi-
date would likely prove to be a successful subject of probation. The offender's character, age
and the people, places and things apt to influence him/her were all considered.
Augustus was subsequently credited with founding Investigations, one of three main con-
cepts of modern probation, the other two being Intake and Supervision. Augustus, who kept de-
tailed notes on his activities, was also the first to apply the term "probation" to this process of
treating offenders. By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten 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 statute, enacted in Massachusetts shortly
after this death in 1859, was widely attributed to his efforts. Out of 2000 person whom he ex-
tended his help only 10 were ungrateful, out of 1100 cases only one case was forfeited.
Methods of Augustus
 Provide bail for temporary suspension of punishment of sentence
 Then he sought counsel and assist his charges in finding homes securing employment and
adjusting family difficulties
 At the End of probation he brought offender back to court-if no further charges are found-
judge imposes nominal fine cost if man is poor, August advanced fine as loan.
Module 3. Probation
Charles Lionel Chute

 He had helped promote public awareness and acceptance of probation as a field and as
a profession.
 He gave the field of probation an invaluable service and was instrumental in promoting
the continued and further growth of probation through his work in the National Probation
Association in USA.
EDWARD H. SAVAGE
 An ex-chief of police Boston named as the 1st paid probation officer in 1878.
GARDNER TUFTS (1880)

 Director of Massachusetts Board of State Charities and Corrections
 Reported that probation cases in juvenile offenders proved good and the legislature au-
thorize the City of Boston to appoint a probation officer for adults at the session.
 A stature was enacted permitting the appointment of probation officer for adults offender
in every city and town in the state.
Calvin Coolidge
 30th USA President who signed the 1st Federal Probation Act effective on March 4, 1925.
John Marshall
 US Chief Justice who used his discretion in modifying the prescribed penalties and gradually
developed more humane methods of dealing with violators of law.
Sammuel June Barrows

 1899, he became as one of the founders of Massachusetts Prison Association
 In 1990 appointed as the secretary of Prison Association of New York & began to campaign
the probation law soon after his appointment
 A practical humanitarian and thought that it is great pity to send so many persons found
guilty of crime to prison.
Governor Alexander H. Rice (1818-1895)

 the 30th governor of Massachusetts
 He signed the 1st probation law that was passed by the legislature of Massachusetts on
April 26, 1878. The law provided for the appointment and prescribed duties of a salaried
probation officer for the courts of Suffolk Country.
Module 3. Probation
Following the passage of that first statute, probation spread gradually throughout
the United States and subsequently to many other countries;
States statutory provision of Probation:
VERMONT
 The 2nd state to enact probation law with the signing of Vermont act of 1898 but the
first state to adopt the County Plan of Probation.
Each county court was required to appoint a probation officer whose duty is to
make an investigation of accused persons as the request of any court. They are author-
ized to recommend that such persons, if convicted, be placed on probation.
All court were permitted to use probation in any case regardless of age or of-
fense, after conviction and imposition of sentence, for such time and upon such condi-
tions as it may prescribe. Thus, Vermont unlike Massachusetts provided for probation only
after suspension of sentence.
An important provision was added that the compensation of each probation officer shall
be determined by the court that appointed him, shall be paid from the state treasury on
vouchers approved by the said court. An unusually liberal provisions, quite the opposite
of the requirement in Massachusetts and other states that the probation must pat trial
costs, permitted the officer to spend for their temporary support and travelling expenses.
Such reasonable sum as the court may deem expedient to be repaid to the officer out
of the state treasury on vouchers approved by the court.
Vermont act of 1898

Provided probation only after suspension of sentence of the execution of sentence.
=======================================================================
RHODE ISLAND
 The 3rd sate that passed probation law
 The 1st state who completely administered the probation system
 Act of 1899 empowered the Board of State Charities and Corrections to appoint a
state probation officer and additional probation officers, at least if whom be a wom-
an, to serve all courts in the state, The court were authorized ay any time before sen-
tence to provisionally place any offender, juvenile or adult, who can lawfully be ad-
mitted to bail, except persons charged with treason, murder, robbery, rape, arson or
burglary, under the control and supervision of a probation officer.
=======================================================================
NEW JERSEY
 The 4th sate to pass general probation law after New England model in 1900.
NEW YORK
 The 5th state to enact adult probation
CALIFORNIA
 The 6th state to enact adult probation and juvenile court laws, both in 1903.
CONNECTICUT AND MICHIGAN

 Next state to enact general probation law in 1903
Module 3. Probation
TAKE NOTE:
MASSACHUSETTS—occurred the first practical demonstration of probation, first use of term as
a court service and enactment of the 1st probation law.
CHICAGO—established the 1st juvenile court in 1899. The juvenile court movement contribut-
ed greatly to the development of probation as a legally recognized method of dealing with
offenders.. Illinois Juvenile Court formalize the intake process.
JUVENILE PROBATION DEVELOPS (1899) Minnesota and Illinois enacted laws giving
probation service to children only.
Probation was first introduced in the Philippines during the American colonial
period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine Legislature on 7 Au-
gust 1935. This law created a Probation Office under the Department of Justice, led by Chief
Probation Officer appointed by American Governor-General with the advice and consent of
the US Senate. Act 4221 provides that probation is for 1st time offenders 18 years of age and
above convicted of certain crimes. On November 16, 1937, after barely two years of exist-
ence, the Supreme Court of the Philippines declared the Probation Law unconstitutional be-
cause of some defects in the law's procedural framework.
People vs. Vera (CASE)
 It challenged the constitutionality of Act 4221 on 3 grounds
 Encroached the pardoning power of the Chief Executive
 It constitutes an undue delegation of legislative power; and
 It denies the equal orotection of the laws.
In 1972, House Bill No. 393 was filed in Congress, which would establish a pro-
bation system in the Philippines. This bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional. The bill was passed by the House of Represent-
atives, but was pending in the Senate when Martial Law was declared and Congress was
abolished.
In 1975, the National Police Commission Interdisciplinary drafted a Probation

Law. After 18 technical hearings over a period of six months, the draft decree was presented
to a selected group of 369 jurists, penologists, civic leaders and social and behavioral scien-
tists and practitioners. The group overwhelmingly indorsed the establishment of an Adult Pro-
bation System in the country.
On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of
1976, was signed into Law by the late President of the Philippines Ferdinand E. Marcos. The
operationalization of the probation system in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and proce-
dures; administrative and procedural manuals were developed; probation officers recruited
and trained, and the central agency and probation field offices organized throughout the
country. Fifteen selected probation officers were sent to U.S.A. for orientation and training in
probation administration. Upon their return, they were assigned to train the newly recruited
probation officers. The probation system started to operate on January 3, 1978. As more pro-
bation officers were recruited and trained, more field offices were opened.

The concept of probation stems from faith in man’s capacity to change for the better and in the
ultimate good that will redound to society by rebuilding rather than destroying those who have
offended it.
Thus, as early as the thirteenth century, efforts were made to mitigate the harshness of penal
laws through more enlightened and rehabilitative approaches in the treatment and correction
of offenders. These included the release of accused members of the clergy to ecclesiastical au-
thorities, judicial reprieve or temporary suspension of sentence or execution, deportation, and
release on recognizance wherein a misdemeanant bound himself before the court to ―keep the
peace and be on good behavior.‖ These practices in early English Courts became the forerun-
ners of probation which was later established in England and the United States.
In the Philippines, provisions for juvenile probation has been embodied in Article 80 of the Re-
vised Penal Code since its enactment in 1932. Thus, sentence was suspended for offenders under
16 years of age accused of a grave or less grave felony, who were then placed in the care and
custody of public or private entities. This was amended on December 10, 1974 by Presidential
Decree No. 603, known as the Child and Youth Welfare Code, and by Presidential Decree No.
1179 which set the age of minority to below 18 years of age at the time of the commission of the
offense. Likewise, Republic Act No. 6425 or the Dangerous Drugs Act of 1972 provided for the sus-
pension of sentence and probation of a first-offender under 18 years of age at the time of the
commission of the offense but not more than 21 years at the time when judgment should have
been promulgated.
The move to integrate adult probation in the Philippine criminal justice system began early in the
twentieth century when the Philippine Legislature approved Act No. 4221 on August 7, 1935. This
created a Probation Office under the Department of Justice, and provided probation for first
offenders 18 years of age and above who were convicted of certain crimes. Unfortunately, there
were defects in the law’s procedural framework so that, on November 16, 1937, the Supreme
Court declared it unconstitutional in the case of People of the Philippines vs. Vera on the
grounds of ―undue delegation of legislative power‖ and violation of the ―equal protection of the
law‖ clause.
A second attempt was made when then Congressmen Teodulo C. Natividad and Ramon D.
Bagatsing introduced House Bill No. 393 during their last months in Congress. Passed in the Lower
House, this was pending in the Senate when Martial Law was proclaimed in 1972.
The agitations for the adoption of an adult probation law continued. In 1973, the technical staff
of the Bacolod City Police Advisory Council, headed by Lt. Col. Arcadio S. Lozada and assisted
by US Peace Corps Volunteer Alvin L. Koenig, prepared a proposed Probation Decree which in-
corporated pertinent provisions of the Natividad and Laurel Bills. This was submitted to the Secre-
tary of Justice and the National Police Commission after a thorough perusal by a study commit-
tee of the Integrated Bar of the Philippines and subsequent indorsement by its national Board of
Directors.
Module 3. Probation
Late in 1975 the National Police Commission, sitting en banc and headed by
Defense Secretary Juan Ponce Enrile who was the concurrent Chairman of NAPOL-
COM, heard the report ―Meeting the Challenge of Crime‖ of the Philippine delega-
tion to the 5th United Nations Congress held in Geneva, Switzerland in September 1975.
At that time, the Philippines was among the few participating countries without an
adult probation system. Citing the role of probation in an integrated approach to
crime prevention, the delegation urged priority action on the establishment of the sys-
tem. This was the turning point that led to the passage of the law. The Inter-Disciplinary
Committee on Crime Prevention created in 1974 by Secretary Enrile and chaired by
Commissioner Teodulo Natividad, then pursued the preparation of the probation de-
cree. Eighteen technical hearings were conducted, attended by 60 resource persons,
after which the draft decree was presented at the Seminar on the Probation System
sponsored by the NAPOLCOM, Philippine Constabulary and Integrated National Police,
and the University of the Philippines Law Center on April 24, 1976. This was studied and
overwhelmingly endorsed by 369 participants representing various sectors of society. A
final draft of the decree was subsequently prepared, then reviewed and endorsed to
the President of the Philippines by the Minister of Justice, Minister of National Defense,
and Chief Justice of the Supreme Court.
Thus, the law was born on July 24, 1976. It was during the closing ceremonies of the
First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo,
Quezon City, that President Ferdinand E. Marcos signed Presidential Decree (P.D.) No.
968, otherwise known as the Probation Law of 1976, in the presence of nearly 800 rep-
resentatives of the country’s criminal justice system.
The startup of the probation system in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and
procedures; administrative and procedural manuals were developed; probation offic-
ers recruited and trained, and the central agency and probation field offices orga-
nized throughout the country. The 1st Batch of probation officers during their observa-
tion tour of US Probation System (Los Angeles Training Academy on April 1, 1977). Fif-
teen selected probation officers were sent to United States for orientation and training
in probation administration. Upon their return, they were assigned to train the newly re-
cruited probation officers.
The probation system started to operate on January 3, 1978. As more probation officers
were recruited and trained, more field offices were opened.
Module 3. Probation
1932
Probation System in the Philippines started with the enactment of Juvenile Probation
Law for those under the age (16) as embodied in Article 80 of the PRC, Act No. 3815
which become effective on January 1, 1932 which have been amended by PD 603 on
December 10, 1974 also known as Child and Youth Welfare Code, as further amened
by PD 1179, PD 1210 and RA 7610 also RA 9165 suspension of sentence and probation of
a first-offender under 18 years old.
AUGUST 7, 1935
Act No. 4221 also known as First Adult Probation Law was enacted by the Philippine Leg-
islature. It created the Probation office under the Department of Justice led by Chief
Probation Officer appointed by the American Governor-general. The Philippines then
was a territory under USA.
In People of the Philippines vs. Vera, 37 O.G 164, the constitutionality of the 1st Adult Pro-
bation Law (Act 4221) was challenged under 3 principal grounds:
 That said trespasses upon the power to exempt from punishment of the execution
 That it constitutes an undue delegation of legislative power; and
 It denies the equal protection of the laws
November 16, 1937

The Supreme Court declared the probation law, as an unconstitutional on the following
grounds:
 The act was a surrender of legislative power to the provincial board for its applica-
tion was left to their determination in providing for the salary appropriation, although
there are no provisions that fixed imposed any standard of guide in the exercise of
the provisional board’s discretionary power
 That the unwarranted delegations of the power created a situation for discrimination
and inequality to exist as one province may appropriate the necessary funds for the
salary of probation officer while another may refuse or fail to do so, hence, it contra-
vened the equal protection of the law clause for the person who may enjoy the
benefits of probation.
Cong. Teodulo C, Natividad & Cong Ramon D. Bagatsing

 Introduced for the second time the adult probation in the country in House Bill 393.
The measure was passed in the Lower House and was pending in the Senate when
Martial Law was proclaimed in September 21, 1972 by the President Ferdinand Mar-
cos. The Bill eliminated the undesirable features of the 1935 Probation Act.
INTER-DISCLIPNARY COMMITTEE ON CRIME PREVENTION (IDCCP)

 RA 4864 as amended otherwise known as Police Act of 1966 mandates the National
police Commission (NAPOLCOM) to formulate a national crime prevention program
for the country.
Module 3. Probation
November 13, 1974

 The IDCCP was created to undertake the formulation of national crime prevention
program. It composed of the representatives of the five pillars of the Philippine
Criminal Justice System and other sectors to come up and to formulate a strategy
to reduce crime/
TEODULO C. NATIVIDAD
 The Commissioner of the NAPOLCOM was designated in charge of the Inter-
Disciplinary Committee (IDC) by then Defense Secretary Juan Ponce Enrile, who
was also concurrent Chairman of the NAPOLCOM.
April 24, 1976

 The draft of proposed law was presented in a seminar on the probation system
sponsored by the national police commission in the UP Law Center attended by
369 participants,
 2 foreign experts participated in the seminar and serve as consultants:
 Dr, Torsten Erikson – former UN Interregional Adviser on Crime Prevention and
Criminal Justice
 Dr. A Lamonth Smith – Director for Research Program, Planning and Evaluation,
Department of Corrections of Arizona
July 22-24, 1976

The first National Conference on Crime Control was held at Camp Aguinaldo for the
final forum on the proposed institutionalization of Adult Probation in the country.
July 24, 1976

It was on the historic date that late Pres. Marcos signed the PD 968 otherwise known
as Probation Law of 1976.
Teodulo C. Natividad was appointed as 1st Probation Administrator at the same time
the chairman of NAPOLCOM. He is known as the Father of Probation in the Philip-
pines.
Module 3. Probation
PD 968 This law implies to adult convicts and 1st
July 24, 1976 time minor drug offenders (Section 70, RA
Probation Law 9165), and CICL (Sec 42, RA 9344).
(BELOW ARE THE AMENDMENTS)
PD 1257 Participation of the prosecutor in the deter-
December 1, 1977 mination of the application for probation
Amended section 4,7,15 & 33 of PD 968
Batas Pambansang Bilang 76 (BP 76) It provides for maximum probationable peri-
June 13, 1980 od of 6 years and one day
Amend sec. 9 of PD 968
PD 1990 It returned the original maximum probation-

Promulgated on October 5, 1985, published on able period to only 6 years
December 30, 1985, took effect on Jan. 15,
1986,
Signed by Pres. Marcos
Amends the Section 4 and 9 of PD 968
Executive Order 292 Introduced new features of Probation:
Administrative Code of 1978
By President Corazon Aquino  Changed the name of agency as Pro-
Signed on September 21, 1987 bation Administration into Parole and
Probation Administration (PPA)
 Transferred the supervision of parolees
and pardoned from Municipal courts
into PPA
 Created technical service under the of-
fice of Administrator which shall serve as
ARM of the Board of pardon and parole
in the supervision of parolees and par-
donees
 It mandated PPA to perform functions
( see PPA)
Pres. Fidel Ramos declared July 18-24 every

year as
PAROLE AND PROBATION WEEK in proclama-
tion No. 405 issued on July 13, 1994
RA 10707 Amending PD 968
Approved on November 26, 2015.
RA 9433 ―Juvenile Justice and Welfare Act of Amends the Section 4 of PD 968
2006 ‖ signed by Pres. Arroyo on April 28, 2006 Section43. Probation as an alternative to
effected on May 20, 2006. imprisonment:
―The court may, after it shall have convicted

and sentence a CICL. And upon applica-
tion at any time, place the child on proba-
tion in lieu of service of her/his sentence tak-
ing into account the best interest of the
child. ‖
Module 3. Probation
PRESIDENTIAL DECREE No. 968

July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
WHEREAS, one of the major goals of the government is to establish a more enlightened and hu-
mane correctional systems that will promote the reformation of offenders and thereby reduce the
incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation pro-
grams constitutes an onerous drain on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who
are likely to respond to individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:

(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.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context oth-
erwise requires, be construed thus:
(a) ―Probation‖ is a disposition under which a defendant, after conviction and sen-
tence, 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 proba-
tion or supervises a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem best.
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 applica-
tion shall be deemed a waiver of the right to appeal, or the automatic withdrawal of a pend-
ing appeal.
An order granting or denying probation shall not be appealable.
(AMENDED by BP 76, PD 1990, RA 9344 & RA 10707)
Module 3. Probation
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 there-
by.
Section 6. Form of Investigation Report. The investigation report to be submitted by the proba-
tion officer under Section 5 hereof shall be in the form prescribed by the Probation Administra-
tor and approved by the Secretary of Justice.
Section 7. 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 proba-
tion not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may
allow the release of the defendant on recognize the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
Amended by PD 1257
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 insti-
tutional 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 impris-
onment of not less than one month and one day and/or a fine of not less than Two Hundred
Pesos;
(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 be-
came applicable pursuant to Section 33 hereof
(AMENDED by BP 76 , PD 1990 & RA 10707)
Module 3. Probation
Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(MANDATORY)
(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;s
(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:

(CONDITIONAL)
(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.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance,
at which time the court shall inform the offender of the consequences thereof and explain
that upon his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for the offense under which
he was placed on probation.
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.
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 supervi-
sion 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 re-
spect to him that was previously possessed by the court which granted the probation.
Mo
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 impris-
onment 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 es-
tablished, in Article thirty-nine of the Revised Penal Code, as amended.
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 be-
fore 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 modify-
ing the terms and conditions thereof shall not be appealable.
Amended by PD 1257
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 probation-
er upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
(AMENDED BY RA 10707)
Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly
or indirectly to anyone other than the Probation Administration or the court concerned, ex-
cept that the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer
make such disclosure desirable or helpful: Provided, Further, That, any government office or
agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the proper court or the Administration.
Section 18. 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 Ad-
ministration, 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.
Module 3. Probation
Section 19. Probation Administration. The Administration shall be headed by the Probation Ad-
ministrator, hereinafter referred to as the Administrator, who shall be appointed by the Presi-
dent of the Philippines. He shall hold office during good behavior and shall not be removed
except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers
and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of
his Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental
to achieve the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administra-
tor who shall assist the Administrator perform such duties as may be assigned to him by the lat-
ter and as may be provided by law. In the absence of the Administrator, he shall act as head
of the Administration.
He shall be appointed by the President of the Philippines and shall receive an annual salary of
at least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eli-
gible for Appointment as Administrator or Assistant Probation Administrator, a person must be
at least thirty-five years of age, holder of a master’s degree or its equivalent in either criminolo-
gy, social work, corrections, penology, psychology, sociology, public administration, law, po-
lice science, police administration, or related fields, and should have at least five years of su-
pervisory experience, or be a member of the Philippine Bar with at least seven years of supervi-
sory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional
offices organized in accordance with the field service area patterns established under the In-
tegrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed
by President of the Philippines in accordance with the Integrated Reorganization Plan and up-
on the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall
also be appointed by the President of the Philippines, upon recommendation of the Secretary
of Justice, with an annual salary of at least twenty thousand pesos.
Module 3. Probation
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 upon recom-
mendation of the Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thou-
sand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the Adminis-
trator;
(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 supervi-
sion;
(e) prepare a list of qualified residents of the province or city where he is assigned who are will-
ing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter’s supervision of probation-
ers;
(g) exercise supervision and control over all field assistants, probation aides and other person-
nel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their duties and functions
under this Decree. They shall also have, with respect to probationers under their care, the
powers of police officer. (AMEMNDED BY RA 10707)
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Offic-
ers. No person shall be appointed Regional or Assistant Regional or Provincial or City Probation
Officer unless he possesses at least a bachelor’s degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science, administration, or related
fields and has at least three years of experience in work requiring any of the abovementioned
disciplines, or is a member of the Philippine Bar with at least three years of supervisory experi-
ence.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary
of Justice shall organize the administrative structure of the Administration and the other agen-
cies created herein. During said period, he shall also determine the staffing patterns of the re-
gional, provincial and city probation offices with the end in view of achieving maximum effi-
ciency and economy in the operations of the probation system.
Module 3. Probation
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them
to carry out their duties effectively.
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 prom-
ulgated pursuant to this Decree.
AMENDED BY RA 10707
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six thou-
sand pesos shall be imposed upon any person who violates Section 17 hereof.
Source: Malacañang Records Office
RESOURCES
[PDF] Presidential Decree No. 0968, July 24, 1976
[Republic Act No. 10707] NOVEMBER 26, 2015

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE ―PROBATION LAW OF 1976‖, AS AMENDED
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to
read as follows:
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant for a probationable penalty and upon ap-
plication by said defendant within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best. No application for probation shall be entertained or grant-
ed if the defendant has perfected the appeal from the judgment of conviction: Provided, That
when a judgment of conviction imposing a non-probationable penalty is appealed or re-
viewed, and such judgment is modified through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been re-raffled. In a case involv-
ing several defendants where some have taken further appeal, the other defendants may ap-
ply for probation by submitting a written application and attaching thereto a certified true
copy of the judgment of conviction.
―The trial court shall, upon receipt of the application filed, suspend the execution of the sen-
tence imposed in the judgment.
―This notwithstanding, the accused shall lose the benefit of probation should he seek a review
of the modified decision which already imposes a probationable penalty.
―Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. The filing of the application shall be deemed a waiver of the right to appeal.
―An order granting or denying probation shall not be appealable.‖
Module 3. Probation
SEC. 2. Section 9 of the same Decree, as amended, is hereby further amended to read as fol-
lows:
“SEC. 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 (6) years;
―b. convicted of any crime against the national security;
―c. who have previously been convicted by final judgment of an offense punished by imprison-
ment of more than six (6) months and one (1) day and/or a fine of more than one thousand
pesos (P1,000.00);
―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 be-
came applicable pursuant to Section 33 hereof.‖
Other laws prescribing disqualification for probation:
BP 881 ( Omnibus Election Code of the Philippines)

Section 264 Penalties:
 Any person found guilty of any election offense shall be punished with imprisonment of not
less than one year but not more than six years and shall not be subject to PROBATION.
RA 6727 ( Wage Rationalization Act)

Section 12:
 Any person, corporation , trust, firm, partnership, association or entity which refuse or fails to
pay any prescribed increase or adjustments in the wage rates made in accordance in this
act shall be punished by fine not less than 25 thousands nor more than 100 thousand pesos
or imprisonment of not less than two years not more than four years or both at the discre-
tion of the court and not entitled for under Probation law.
RA 9165 ( Comprehensive Dangerous Act of 2002)

Section 24
 Non applicable of the Probation law for drug traffickers and Pushers.
EXCEPT: Probation and Community Service under the Voluntary Submission program & 1st time
minor drug offender.
SEC. 3. Section 16 of the same Decree, as amended, is hereby further amended to read as fol-
lows:
“SEC. 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 dis-
charge of the probationer upon finding that he has fulfilled the terms and conditions of his pro-
bation and thereupon the case is deemed terminated.
―The final discharge of the probationer shall operate to restore to him all civil rights lost or sus-
pended as a result of his conviction and to totally extinguish his criminal liability as to the of-
fense for which probation was granted.
―The probationer and the probation officer shall each be furnished with a copy of such order.‖
Module 3. Probation
SEC. 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their terri-
torial jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of a police officer. They shall be
considered as persons in authority.‖

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Proba-
tion Officers shall be assisted by such field assistants and subordinate personnel as may
be necessary to enable them to carry out their duties effectively.‖

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Pa-
role Officers in the supervised treatment program of the probationers, the Probation
Administrator may appoint citizens of good repute and probity, who have the willing-
ness, aptitude, and capability to act as VPAs.
―VPAs shall not receive any regular compensation except for reasonable transporta-
tion and meal allowances, as may be determined by the Probation Administrator, for
services rendered as VPAs.
―They shall hold office for a two (2)-year term which may be renewed or recalled any-
time for a just cause. Their functions, qualifications, continuance in office and maxi-
mum case loads shall be further prescribed under the implementing rules and regula-
tions of this Act.
―There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the Pro-
bation Administrator, the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for effective utilization,
coordination, and sustainability of the volunteer program.‖
Module 3. Probation
WHO CAN APPLY FOR PROBATION?

 Any sentenced offender, not disqualified, can apply for probation before serving their prison/jail
sentence.
WHERE AND WHEN SHALL THE APPLICATION BE FILED?

 The application shall be filed with the trial court that tried and sentenced the offender at any time
after conviction and sentence but within fifteen (15) days after promulgation of judgment.
HOW TO APPLY FOR PROBATION?

 Apply within fifteen (15) days from promulgation of judgment.
 The application shall be in the form approved by the Secretary of Justice as recommended by the
PPA Administrator,
 The court will suspend the execution of sentence and refer the application to the proper probation
office for the conduct of post-sentence investigation (PSI).
NOTE:
PSI is mandatory, it is pre-requisite in granting probation. The court has no jurisdiction to render decision
whether to grant or deny the application in the absence of PSI.
 The probation officer must submit the Post-Sentence Investigation Report (PSIR) within sixty (60) days
upon receipt but the period may be extended in meritorious cases for a period that will be ap-
proved by the court.
 Pending submission of the PSIR and the resolution of the application, the defendant may be tempo-
rarily released under bail or be released on recognizance of a responsible member of the communi-
ty, if defendant is incapable of posting bail.
PROCEDURES IN APPLIYING PROBATION

 Accused or his counsel files a petition for probation with the trial court that convicted him within 15
days after the conviction (perfecting no. days of appeal)
 The court determines his qualifications within 15 days
 If qualified, the case is referred to the parole and probation officer for PSI (post-sentence investiga-
tion) also furnishing the Prosecutor an notice for comment on said probation application and to sub-
mit the same within 10 days
 The PSIR (Post-Sentence investigation Report) is submitted by the Parole and Probation Officer to
court within 60 days – the information used by court whether to grant or deny the petition of proba-
tion
 The court may grant of deny the petition for probation within 5 days after the receipt of PSIR.
(RESOLVE)
Legal effects of Filling Application for Probation

 The court may suspend the execution of sentence upon receipt of the petition of probation
 Pending the submission of the PSIR and the resolution on the application, the applicant may be al-
lowed on temporary liberty under his bail, on a new bail or release on recognizance.
 Such petition is deemed a waiver of the right of the petitioner to appeal his conviction
 The judgment in criminal case becomes final
MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR PROBATION ON REMAND OF THE CASE TO
THE TRIAL COURT?
As a rule, probation and appeal are mutually exclusive remedies. However, if the judgment of conviction
that was appealed imposed non-probationable penalty and the same was modified through the imposi-
tion of probationable penalty or conviction for a lesser crime, which is probationable, the accused shall
be allowed to apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial court, which tried
and convicted the accused or in a trial court where such case has been re-raffled.
Module 3. Probation
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.
WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?

a. Those who are sentenced to serve a maximum term of imprisonment of more than six (6)
years;
b. Those who are convicted of any crime against the national security ( Art 134 to 157 except
135, 140 and 152 of the RPC)
c. Those who have previously been convicted by final judgment of an offense punished by im-
prisonment of more than six (6) months and one (1) day and / or a fine of more than one thou-
sand (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions of this Decree;
e. Those who are already serving sentence at the time the substantive provisions of this Decree
became applicable
WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?

Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg.
881 (Omnibus Election Code);
(2) Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization Act, as amended);
(3) Offenders found guilty of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act
of 2002, except Sections 12, 14, 17, and 70.
THE COURT WILL NOT GRANT PROBATION IF IT FINDS THAT;

 If the offender can be treated better in a mental institution or other places for correction
 The offender is a risk to the community
 The offense is grievous to th eyes of the community.
ARE ALL QUALIFIED, CONVICTED PERSONS AUTOMATICALLY ENTITLED TO PROBATION?
 No. The court will not grant probation if, after investigation the probation officer finds that:
a. The offender can be treated better in an institution or in other places for correction; b.
The offender is a dangerous risk to the community; or c. Probation will lessen the gravity of
the offense.
WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY THE COURT?

The probationer must:
a. Appear before the probation officer within 72 hours;
b. Report to the probation officer at least once a month;
c. Not commit another offense; and
d. Comply with any other conditions imposed by the court.
HOW LONG IS THE PERIOD OF PROBATION?

a. Not more than 2 years if the probationer was sentenced to imprisonment of 1 year or less;
b. Not more than 6 years if the probationer was sentenced to imprisonment of more than 1
year.
Note: probation starts upon issuance of the court granting probation
Module 3. Probation
MAY THE OFFENDER BE RELEASED WHILE THE APPLICATION FOR PROBATION IS PENDING?
At the discretion of the court, the probationer may be released:
a. On the same bond filed during the trial;
b. On a new bond; or
c. To the custody of a responsible member of the community (if probationer is unable to file the
bond).
HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

An offender can be granted probation only once in a lifetime.
WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATION ARE VIOLATED?

The probation officer investigates the alleged violation and if it is established, a report is submit-
ted 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 possibil-
ity 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 seri-
ous violation of the conditions of probation, the offender may be ordered to serve the original
sentence imposed.
OUTSIDE TRAVEL
 10days but not exceeding 30 days – probation officer may authorized the travel of proba-
tioner outside the area of operation
 If 30 days – it must be file 5 days before the travel outside, approved by Probation authorities
 If more than 30 days, probation authorities shall recommend for Court Approval.
CHANGE OF RESIDENCE
 Probationer must file a request for change of residence at city or provincial Parole and Pro-
bation Officer to the court approval.
 It approved, the RTC which has jurisdiction over the place have full control of the probation-
er
TAKE NOTE THIS TERMINOLOGIES:

 PROBATIONER – a person placed on probation
 ABSCONDING PROBATIONER – a person whose probation was granted but failed to report
for supervision or fails to continue reporting for supervision or whose whereabouts are un-
known for a reasonable period of time.
 PROBATION OFFICER – one who investigates for the court a referral for probation or one who
supervises a probationer or both.
 PETITIONER – an accused or defendant who files a formal petition for probation
 ABSCONDING PETITIONER – a convicted defendant whose application for probation has
been given due course by court but fails to report to the probation office or cant be locat-
ed within a reasonable period of time.
Module 3. Probation
Role of Probation in the Correctional System
Probation is a part of the correctional system. It cannot be properly considered as

an independent subject. It is only a phase of penology, and therefore, it must be viewed in
its relation to other aspects of the enforcement of the criminal laws and its proper perspec-
tive. It is a part of an entire structure and only a single feature of a well-rounded correction-
al process. Probation is a form of treatment of the convicted offender. It is not a clemency,
pity or leniency to the offender, but rather a substitute for imprisonment. There are some
offenders who must go to prison for their own good and for the good of the society be-
cause their presence in the community constitutes a threat to law and order. Other less in-
ured to crime can remain in the community after conviction where they are given a
chance to conform to the demands of the society. Probation is compared to an out-
patient. The out-patient does not need to be confined in a hospital because his sickness is
not serious. However, the patient must remain under the care and supervision of his family
physician in order that his sickness will not become serious. Similarly, the probationer does
not need to go to prison, but he should remain under the supervision and guidance of his
probation officer in order that he will not become a more serious offender.
Probation is given in cases that the ends of justice do not require that the offender
go to prison. This is also when all the following circumstances exist: that there is a strong like-
lihood that the defendant will reform; that there is a little danger of seriously injuring or
harming members of the society by committing further crimes; that the crime he commit-
ted is not one that is repugnant to society; that he has no previous record of conviction;
and that the deterrent effect of imprisonment on other criminals is not required. The person
who is placed on probation is not a free man because he is required to live within specified
area. He is deprived of certain rights and privileges of citizenship, but he retains some other
rights and is entitled to the dignity of man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the ― National Commission of Law Ob-
servance and Enforcement, ― page 146 of Report No. 9) states the purpose of probation as
follows:
“ Probation, like parole and imprisonment, has as its primary objective the protection of soci-
ety against crime. Its methods may differ, but its broader purpose must be to serve the great
end of all organized justice – the protection of the community… probation is an extension of
the powers of the court over the future behavior and destiny of the convicted person such as
is not retained in other dispositions of criminal case…
2. “ … in probation ( there ) is the recognition that in certain types of behavior problems

which come before the courts confinement may be both an unnecessary and an inade-
quate means of dealing with the individuals involved; unnecessary because in that particular
case the end sought, i,e., the protection of society, may be achieved without the cost of
confinement, and inadequate because the prison sentence may create difficulties and
complications which will make more, rather than less, doubtful the reinstatement of that par-
ticular individual as a law-abiding citizen. “
Here are the other purposes of Probation system aside on what’s indicated under Section 2
of PD 968:
A. To establish a more enlightened and humane correctional system that will promote the
reformation of offenders and thereby reduce the incidence of recidivism; and
B. To avid confinement of all offender in prisons and other institutions for rehabilitation that
surely constitutes an onerous drain on the financial resources of the government.
Module 3. Probation
Advantages of Probation
Probation is more advantageous than imprisonment. In probation, the man is spared

the degrading, embittering and disabling experience of imprisonment that might only confirm
them in criminal ways. On the other hand, the offender can continue to work in his place of
employment. Family ties remain intact, thus preventing many a broken home. Also, probation
is less expensive which is only one tenth as costly as imprisonment. To the extent that proba-
tion is being used today – about 60% of convicted offenders are given probation – this type of
sentencing therefore, will greatly relieve prison congestion. Chief Justice Taft of the United
States Supreme Court in a case decided by that Court mentioned the purpose of the federal
Probation Act as follows:
“ The great desideratum was the giving to young and new violators of law a chance
to reform and to escape the contaminating influence of association with hardened or veter-
an criminals in the beginning of the imprisonment… Probation is the attempted saving of a
man who has taken one wrong step and whom the judge think to be a brand who can be
plucked from the burning at the time of the imposition of the sentence. ―
What are the other advantages of probation?

 The government spends much less when an offender is released on probation than that
offender be placed behind bars (jails/prisons).
 The offender and the offender’s family are spared the embarrassment and dishonor of
imprisonment.
 The offender is able to continue working and can therefore earn income, pay taxes and
pay damages to the victim of the crime.
 It prevents crime by giving freedom and rehabilitation only those convict who are not like-
ly to re-commit violation of penal laws,
 It protects the society by placing the probationer under supervision of probation officer.
 It conforms to the concepts of restorative justice.
 It gives another chance in life and provides opportunity to be rehabilitated to the penitent
convict.
 It prevents first time convict to become criminal.
 More economical or less costly on the part of the government
 Provides solution of overcrowded jail and prison facilities.
 It restores successful probationers his civil rights
 It makes the probationer a tax payer instead of tax eater.
Module 3. Probation
MODULE 6
LESSON 1- REPUBLIC ACT NO 6063, RELEASE ON
RECOGNIZANCE LAW, PROVIDES FOR THE RELEASE
OF THE OFFENDERS CHARGE WITH AN OFFENSE
WHOSE PENALTY IS NOT MORE THAN SIX(6)
MONTHS AND OR A FINE OF TWO THOUSAND
PESOS (₱2000) OR BOTH. TO THE CUSTODY OF A
RESPONAIBLE PERSON IN THE COMMUNITY.
INSTEAD OF BAIL OR BOND
LESSON 2- REPUBLIC ACT NO 6127, FULLY

DEDUCTS THE PERIOD OF THE OFFENDER'S
PREVENTIVE DETENTION FROM THE SENTENCE
IMOSED BY THE COURT
LESSON 3- BATAS PAMBANSA BILANG 85,

AUTHORIZES THE RELEASE OF A DETAINEE WHO
HAS UNDERGONE PREVENTIVE IMPRISONMENT
EQUIVALENT TO MAXIMUM IMPOSABLE SENTENCE
FOR THE OFFENSE HE IS CHARGE WITH

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ALBERT C.

PALOMIQUE, MS CRIM, CSMS

College of Criminal Justice System

I. COURSE TITLE : NON-INSTITUTIONAL CORRECTIONS

VII. GRADING SYSTEM :

VIII. COURSE GUIDE :

“The best preparation for tomorrow is doing your best today”

Nov 13 - Dec 21, 2020

Lesson 1. PPA’s Role in providing Community-Based Correction

Lesson 1. World of Probation as a Community-Based Corrections

 Lesson 1. What is Parole?

This module consist of one lesson with the following topics:

At the end of lesson 1, you shall be able to:

Remember to search the answer on the essential or focus of the question :

At present, correctional as pillar of our criminal justice system is in front of so many

Community-based corrections are non-institutional based corrections which are being

Non-Institutional Corrections/ Community-Based Treatment of Approach

 Community-based approach of corrections provides correctional supervision and services in

Pardon –(Absolute & Conditional )

Remember to search the answer on the essential or focus of the question :

PHILIPPINE CORRECTIONAL SYSTEM

Department of Justice (DOJ)

Department of Interior and Local Government

PHILIPPINE NATIONAL  It maintains detention facilities in its different police

Department of Social Welfare and Development

NATIONAL TRAINING SCHOOL FOR BOYS

A. Parole and Probation Administration (PPA)

B. Board of Pardon & parole (BPP)

C. Department of Social Welfare and Development (DSWD)

PURPOSES COMMUNITY BASED CORRECTION PROGRAMS:

CURRENT ISSUES AND CONCERN ON COMMUNITY-BASED CORRECTION

This module consist of one lesson with the following topics:

Module 2. Parole & Probation Administration

At the end of lesson 1, you shall be able to:

Remember to search the answer on the essential or focus of the question :

Module 2. Parole & Probation Administration

 RESTORATIVE JUSTICE (RJ)

RESTORATIVE JUSTICE (RJ)

 It seeks to build partnerships to reestablish mutual responsibility for constructive re-

Module 2. Parole & Probation Administration

VOLUNTEER PROBATION ASSISTANT (VPA) PROGRAM

 It is a strategy by which the Parole and Probation Administration may be able to

Module 2. Parole & Probation Administration

THERAPEUTIC COMMUNITY (TC)

Module 2. Parole & Probation Administration

Module 2. Parole & Probation Administration

REGIONAL PAROLE PROBATION OFFICER

CITY/PROVINCIAL PAROLE/PROBATION OFFICER

Module 2. Parole & Probation Administration

 Maintain a detailed record of his work

FIELD ASSISTANTS,SUBORDINATE PERSONNER

VOLUNTEER PROBATION ASSISTANT (see Sec 6 of RA 10707)

Module 2. Parole & Probation Administration

Module 2. Parole & Probation Administration

 INFORMATION SECTION- develops information program to disseminate the policies,

 GENERAL SERVICE SECTION-performs activities and functions related to the mainte-

FINANCIAL AND MANAGEMENT DIVISION

Module 2. Parole & Probation Administration

LEGAL AND INSPECTION DIVISION

CASE MANAGEMENT AND RECORDS DIVISION

COMMUNITY SERVICE DIVISION

CLINICAL SERVICE DIVISION

RESTORATIVE JUSTICE TRADTIONAL CRIMINAL JUSTICE