Non-Institutional Correction

(Probation, Parole ad Executive Clemency)

An Instructional Material

JOHN RAY B DELA CRUZ, RCrim.

Instructor

Subject Code: Correctional Administration (CA) 2

Course Description: The course focuses on Presidential Decree 968, otherwise known as the “Probation
Law of 1976 as Amended, “establishing a probation system in the Philippines, its historical background,
philosophy, Concepts and operation as 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 the 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 Pardons and Parole, system of releasing and recognizance, execution,
clemency and pardon.

General Objectives: Upon completion of the course the students are expected to:

1. Interpret the provisions of laws related to probation, parole and executive clemency;
2. Explain fully the basic concepts, principles and philosophy of the Probation System as well as parole
and executive clemency;
3. Describe the relationships of the probation administration with the other pillars of criminal justice
system;
4. Recommend or provide solutions or problems involving probation investigation and supervision;
5. Discuss the operations of probation in the country;
6. Apply learned concepts in their everyday
 CHAPTER I
INTRODUCTION TO COMMUNITY BASED
CORRECTION PROGRAM
I. THE PRESENT PHILIPPINE
CORRECTIONAL SET-UP

A. WHAT IS CORRECTION?
Correction is the branch of the administration of CJS charged with the responsibility for the custody, supervision
and rehabilitation of convicted offenders. It is also define as the STUDY OF JAIL OR PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation and reformation of criminals. Further, it is define as a GENERIC TERM
that includes all government agencies, facilities, programs, procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of alleged offenders.

B. DUAL PURPOSE OF CORRECTIONS

1. To punish and
2. To rehabilitate the offender.

C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of criminal justice administration, it
utilizes the body of knowledge and practices of the government and the society in general involving the process of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.
Among the five pillars of the criminal justice system, corrections is the least heard, known or understood society seems to
have some reluctance to look at it although its role in the reformation and rehabilitation of offenders cannot be
overemphasized. Furthermore, jail administration and control in our country is distributed to at least, four agencies:

1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has supervision over the national penitentiary and
its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), under the DILG; which has the exclusive control over all cities, municipal and district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective provincial and sub-
provincial Jails; and
4. The DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of, among others, youthful offenders entered in detention canters for
juveniles, aside from these, Other agencies under this pillar are the: (Community
Based Correction)

1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ); and The Board of Pardons and
Parole also under the Department of Justice.
NOTA BENE: There are also LOCK-UP JAILS under the Philippine National Police (PNP); this fragmented administration of
jails often creates confusion since many are not aware of this set-up. Generally, corrections, as a component of the system
are responsible for:
1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and others.
2. The PROTECTION of law-abiding members of society by keeping convicted offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for their eventual reintegration to the mainstream of
society and helping them lead a normal life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of liberty will influence inmates
and potential offenders to lead a life not in conflict or afoul with the law.

D. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we implement to decongest our jails. But before we discuss these, allow
me to show you how congested our jails are as far as the national capital region is concerned.
Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail congestion is WORLDWIDE.
Some industrialized countries like the united States, experience it, let me cite a few examples: Rikkers
Island in New York is actually an island prison facility. It is overcrowded. To cushion the effect of congestion, two floating
dormitories were constructed to confine offenders therein; in 1995 or four years ago. Director General Keith
Hamburger of the Queensland services commission of
Australia reported that congestion is also a problem in his country.
In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship international who had toured some of the
jails in the National Capital Region (NCR) and the New Bilibid Prisons of the Bureau of corrections in
Municipal City observed and commented that in the 41 countries of the world he had travelled, most have a problem on
congestion. He added that this problem is PREVALENT IN THIRD WORLD COUNTRIES.
In our country, jail congestion, particularly in big cities and municipalities, has been a PERENNIAL PROBLEM ever since.
This problem, to borrow a parallelism, is a sleeping giant. Unfortunately, for jail administrators and personnel, the giant has
taken up and is stretching its enormous arms and legs. OPLAN DECONGESTION must be put in place to lay this giant
back to sleep. OPLAN DECONGESTION was formalized through the execution of a memorandum of agreement on
February 12, 1993. Among the public attorney’s office, the parole and probation administration, the Board of Pardons and
Parole which are all under the Department of Justice, and the Bureau of Jail Management and Penology which is under the
Department of the Interior and local government. The avowed PURPOSE of said agreement (MOA) was jail decongestion
through collective and cooperative efforts. Realizing that all helps available must be harnessed to effectively combat
overcrowding or congestion in jails, the said memorandum of agreement was EXPANDED on August 17, 1993 with the
inclusion of the National Prosecution service or (NAPROS) as the fifth party thereto. True to its form, the MOA spreads up
its intent through seminars. These offered opportunities to officials and personnel of the tasked agencies to familiarize
themselves with the mechanics of the agreement, as well as to offer avenue to discuss various aspects of how jails are to be
decongested.

E. LAW AND DECREES USUALLY AVAILED OF TO

DECONGEST JAILS
1. Presidential Decree No. 603, known as the child and young welfare code, suspends sentence of minor offenders whose
ages range from nine (9) years to under eighteen (18) years and place them in rehabilitation canters under the supervision
of the Department of Social Welfare and Development before they are released to the custody of their parents or to any
responsible person.
2. Batas Pambansa Bilang 85, authorizes the release of a detainee who has undergone preventive imprisonment equivalent
to the maximum imposable sentence for the offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in meritorious cases, the commutation of the prisoner’s sentence
through presidential action shall be upon the recommendation of the court which imposed the same; and ARTICLE 97,
which provides that a prisoner shall be entitled to a deduction from his prison term for good conduct; and
4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local
Jails to affect the immediate transfer of national
prisoners to the Bureau of corrections

5. Republic Act No. 9165- Comprehensive Dangerous

Drug Act of 2002 (July 4, 2002) -1st time minor offender (probation) for use 2 possession only./deport
6. Republic Act No. 9344 – Juvenile & Justice Welfare Act of 2006 (May)
7. Republic Act No. 6036, known as the release on recognizance law, provides for the release of offenders charged with an
offense whose penalty is not more than six (6) months and/or a fine of Two Thousand pesos (2,000) or both, to the custody
of a responsible person in the community, instead of a bail bond;
8. Republic Act No. 6127 fully deducts the period of the offenders’ preventive detention from the sentence imposed by the
courts;
9. Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look into the physical, mental
and moral record of prisoners to determine who shall be eligible for parole or conditional pardon.
10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976. Probation is, of course, a very
important legal instrument that contributes to the decongestion of Philippine jails.

F. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

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

1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison

The institution-based approaches has three levels and are manned by three different government agencies responsible for
the supervision and control of the numerous institutional facilities nationwide which provide safekeeping and rehabilitation
of inmates, namely:

1. The national prison’s and penal farms under the

2. Department of justice;
3. The provincial and sub-provincial jails under the provincial government; and
4. The City, Municipal and District Jails under the Department of Interior and Local Government.

The Bureau of corrections, headed by a non-uniformed director, under the department of Justice, supervises and controls
the national prisons and penal farms.
2. Non-Institutional Correction or Community-Based Approach- It refers to correctional activities that may take place
within the community or the method of correcting sentenced offenders without having to go to prison. Not all convicted
offenders have to serve their sentence behind bars. Some of them are allowed to stay in the community, subject to the
conditions imposed by the court. They are either granted probation, parole, conditional pardon or recognizance. The parole
and probation Administration under the Department of Justice is the government agency that supervises the activities of
the probationer, parolee and pardonee and monitors his compliance with conditions imposed.

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

DISTINCTION BETWEEN INSTITUTIONAL AND NON

INSTITUTIONAL CORRECTION

Institutional Non-Institutional
That aspect of the correctional enterprise That aspect of the correctional enterprise
that involves the incarceration and that includes pardon, probation, and
rehabilitation of adults and juveniles parole activities, correctional
convicted of offenses against the law, administration not directly connectable
and the confinement of persons to institutions, and miscellaneous
suspected of a crime awaiting trial and (activity) not directly related to
adjudication. institutional care.
II. COMMUNITY-BASED
CORRECTION PROGRAMS IN THE
PHILIPPINES
The Community-Based Treatment Programs are those programs that are intended to treat criminal offenders
within the free community as alternatives to confinement. It includes all correctional activities directly
addressed to the offender and aimed at helping him to become a lawabiding citizen. Community-based
correction programs began in the 1970s, 1980s, and 1990s. The programs offer an alternative to incarceration
within the prison system. Many criminologists believed a significant number of offenders did not need
incarceration in high security prison cells. Some inmates, who might otherwise have been ready to turn away
from a life of crime, instead became like the hardened criminals they associated with in prison. In response,
states, counties, and cities established local correctional facilities and programs that became known as
community-based corrections. These facilities, located in neighbourhoods, allowed offenders normal family
relationships and friendships as well as rehabilitation services such as counselling, instruction in basic living
skills, how to apply for jobs, and work training and placement.

III.ADVANTAGES OF COMMUNITY
BASED CORRECTION
1. Family members need not be victims also for the imprisonment of a member because the convict can still
continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who
will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be eliminated which is extremely
beneficial on the part of the government.

IV.THE ROLE OF COMMUNITY

CORRECTIONS IN THE
CRIMINAL JUSTICE SYSTEM
Community sentence seeks to repair the harm the offender has caused the victim or the Community, provide
for public safety and rehabilitate and promote effective reintegration.
A community correction has traditionally emphasized REHABILITATION as its goal. The staff of community
correctional programs has two potentially competing roles that reflect different goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

V. BASIC PRINCIPLES UNDERLYING

THE PHILOSOPHY OF
COMMUNITY-BASED TREATMENT
PROGRAMS
The following are the basic principles underlying the philosophy of community-based treatment programs:

1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to custodial coercion is to
place him in physical jeopardy, thus drastically narrowing his access to sources of personal satisfaction and
reducing his self-esteem.
2. Restorative Aspect - There are measures expected to be achieved by the offender, such as an establishment
of a position in the community in which he does not violate the laws. These measures may be directed at
changing and controlling the offender. The failure of the offender to achieve these can result to recidivism.

3. Managerial Aspect - Managerial skills are special importance because of the sharp contrast between per
capital cost of custody and any kind of community program. It is easier to manage those undergoing
community based treatment programs than that of custodial control.

VI. SUBJECT COVERAGE

1. Probation - One of the most common forms of community correction is probation. Probation can be
thought of as a type of post-trial diversion from incarceration. A term coined by John Augustus, from the Latin
verb “probare”- to prove, to test.

It is a disposition under which a defendant after conviction of an offense, the penalty of which does not exceed
6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the
supervision of a probation officer. Furthermore, it is define as a sentence in which the offender, rather than
being incarcerated, is retained in the community under the supervision of a probation agency and required to
abide by certain rules and conditions to avoid incarceration.

2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become increasingly common for jurisdictions to include restitution orders
as part of probation. Money paid or services provided to victims, their survivors, or to the community by a
convicted offender to make up for the injury inflicted.

4. Halfway houses - Community-based residential facilities that are less secure and restrictive than prison or jail
but provide a more controlled environment than other community correctional programs. Goal of Halfway
House: The goal of halfway houses is to provide offenders with a temporary period of highly structured and
supportive living so that they will be better prepared to function independently in the community upon
discharge. What is home Confinement? It is a program that requires offenders to remain in their homes except
for approved periods of absence; commonly used in combination with electronic monitoring. Home
confinement is also known as home incarceration, home detention, and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the sentence of a convict after having serve the minimum of his
sentence without granting him pardon, and the prescribing term upon which the sentence shall be suspended.
2. Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation of
Sentence as may be granted by the President of the Philippines upon the recommendation of the Board of
Pardon and Parole.
a. Pardon It is a form of executive clemency granted by the President of the Philippines as
a privilege to a convict as a discretionary act of grace. It is an act of grace is extended to prisoners as a matter
of right, vested to the Chief Executive (The President) as a matter of power. Neither the legislative nor the
judiciary branch of the government has the power to set conditions or establish procedures for the exercise of
this Presidential prerogative. The following are the two types of pardon:

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever and restores to the individual his civil rights and remits the
penalty imposed for the particular offense of which he was convicted. Purpose:
a. To right a wrong
 b. To normalize a tumultuous political situation. Absolute Pardon is also granted by a President
to an imprisoned president the incumbent has deposed. Absolute Pardon is granted in order
to restore full political and civil rights to convicted persons who have already served their
sentenced and have reached the prescribed period for the grant of Absolute Pardon.
2. Conditional Pardon-It refers to the exemption of an individual, within certain limits or conditions;
from the punishment that the law inflicts for the offense he has committed resulting in the partial
extinction of his criminal liability. It is also granted by the President of the Philippines to release an
inmate who has been reformed but is not eligible to be released on parole.

b. Amnesty - A general pardon extended to a group of persons such as political offenders purposely to bring
about the return of dissidents to their home and to restore peace and order in the community.

c. Commutation of Sentence - An act of the president changing/ reducing a heavier sentence to a lighter one or
a longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of
years. It does not forgive the offender but merely to reduce the penalty pronounce by the court.

d. Reprieve - A temporary stay of the execution of sentence especially the execution of the death sentence.
Generally, Reprieve is extended to prisoners sentenced to death. The date of execution of sentenced is set
back several days to enable the Chief to study the petition of the condemned man for commutation of
sentenced or pardon.

CHAPTER II
THE NATURE OF PROBATION
IN THE PHILIPPINES

I. INTRODUCTION Most correctional authorities believed that probation is one of the most
effective and economical tools which society now has available for the care, treatment and rehabilitation of
certain adult and juvenile offenders against the law. Probation is a procedure wherein a sentence of offender is
temporarily suspended and he is permitted to remain in the community, subject to the control of the court and
under the supervision and guidance of a probation officer. It is a privilege granted by the court to a person
convicted of a crime or criminal offense to remain with the community instead of actually going to prison.
Presidential Decree No. 968 otherwise known as the Probation Law of 1976 recognizes such trend. However,
the Decree separates adult probation from juvenile probation for it expressly excludes those entitled to the
benefits under the provisions of Presidential Decree No. 603, known as the Child and Youth Welfare Code, and
similar laws. Statements of the principles, goals and objectives of the Probation Law are found in its Preamble.
The Preamble indicates six essential goals, to wit:

1. An enlightened and humane correctional system;

2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs instead of in1prisonment;
5. It is limited only to offenders who are likely to respond to probation favourably; and
6. It is economical or less costly than confinement to prisons and other institutions with rehabilitation
programs. To provide a less costly alternative to the imprisonment of first-time offenders, then President
Ferdinand E. Marcos issued on July 24, 1976 Presidential Decree No. 968 known as the Probation Law of 1976.
Under PD 968, the court may, after it shall have convicted and sentenced an accused and upon application of
said accused, suspend the execution of said sentence and place the accused on probation for such period and
upon such terms and conditions as it may deem best. First-time offenders were given a second chance to
maintain their place in society through a process of reformation, which is better achieved when he is not mixed
with hardened criminals within prison walls.

PROBATION DEFINE
The word probation is from the Latin word “probation” which means testing. the word probation is also said
to be originated from the Latin verb “probare” which means to prove.
In criminal law it is a period of supervision over an offender, ordered by a court instead of serving time in
prison. In the case of Frad v. Kelly, "Probation is a system of tutelage under the supervision and control of the
court which has jurisdiction over the convicted defendant, has the record of his conviction and sentence, the
records and reports as to his compliance with the conditions of his probation, and the aid of the local probation
officer, under whose supervision the defendant is placed." It consists of the conditional suspension of
punishment while the offender is placed under personal supervision and is given individual guidance or
treatment. The Philippine Probation Law of 1976, as enacted by Presidential Decree No. 968, defines probation
as, "a disposition under which a defendant, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer." This decree will take effect on January 2,
1978.

TERMS TO PONDER
As used in Section 3 of PD 968 and Section 4 of Parole and probation administration omnibus rules on
probation methods and procedure. The following shall, unless the context otherwise requires, be construed
thus:

1. Amicus Curiae – Means friend of the court

2. Absconding Petitioner- a convicted accused whose application for probation has been given due course by
the court but fails to report to the parole and probation office or cannot be located within a reasonable period
of time.

3. Absconding Probationer- an accused whose probation was granted but failed to report for supervision
within the period ordered by the court or a probationer who fails to continue reporting for supervision and/or
whose whereabouts are unknown for a reasonable period of time.

4. Defence Counsel/Counsel- lawyer of the petitioner

5. Petition- application for probation.

6. Petitioner - a convicted defendant who files an application for probation.

7. Probationer - means a person placed on probation.

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

9. Probation Investigation - The process of selection, diagnoses and planning with the client.

10. Probation Supervision- The continuous process of helping the client to follow through with the plans, re-
evaluation and working with the client in the process of planning his life to meet dynamic situation.

11. Probation Officer - public officer like the Chief Probation and Parole Officer (CPPO), Supervising Probation
and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and Probation Officer II (PPOII),
or Parole and Probation Officer I (PPOI), who investigates for the Trial Court a referral for probation or
supervises a probationer or does both functions and performs other necessary and related duties and
functions as directed.

12. Probation Office - refers either to the Provincial or City Probation Office directed to conduct investigation or
supervision referrals as the case may be;

13. Probation Order - order of the trial court granting probation

14. Prosecutor- lawyer of the victim.

15. Trial Court - refers to the Regional Trial Court (RTC) of the Province or City/Municipal Court which has
jurisdiction over the case.

16. Volunteerism - is a strategy by which the parole and probation administration may be able to generate
maximum citizen participation or community involvement in the overall process of client rehabilitation.

II. CONCEPT AND PHILOSOPHY OF

PROBATION
A. CONCEPT OF PROBATION
P.D 968 as amended, otherwise known as the probation law of 1976 defines probation. The court
convicts and sentences the defendant but the execution of the sentence, whether it imposes a fine only or a
term of imprisonment is suspended and the defendant is released on probation. Probation implies that during
the period of time fixed by the court, the defendant is provided with individualized community based
treatment including conditions he is required by the court to fulfil his correction and rehabilitation which might
be less probable if he were to serve a prison sentence, and for this purpose, he is placed under the actual
supervision and visitation of a probation officer. If the defendant violates any of the conditions of his
probation, the court may revoked his probation and order him to serve the sentence originally imposed. On the
other hand, if he fulfils with the terms and conditions of his probation, he shall be discharge by the court after
the period of probation, where upon the case against him shall be deemed terminated. His final discharged
shall operate to restore to him all civil rights lost or suspended as result of his conviction and to fully discharge
his liability for any fine imposed as to the offense for which probation was granted. However, he shall continue
to be obliged to satisfy liability resulting from the crime committed by him. The basic legal conceptions of
probation in the Decree are twofold: First, it as a conditional suspension of the execution of sentence - It
denotes that the court assumes a primary role because a grant of probation is judicially dispensed and
controlled. Second it is a personal care or treatment and supervision over the probationer - It indicates the
administrative aspect of probation through the supervision of a probation officer and from the point of view of
social workers, a social casework treatment.

PROBATION IS A COURT FUNCTION In the Probation Law, the court assumes a dual role. First, when it
acts in accordance with the jurisdiction it acquires over the accused and proceeds to determine his guilt.
Assuming an affirmative finding of the offender's guilt beyond reasonable doubt, the court would convict and
sentence said offender. Second, when the court determines whether or not to grant probation upon
application of the offender. Sections 3(a) and 4 of the Decree clearly show this dichotomy. The Decree defines
probation in Section 3 as "a disposition under which the defendant, after conviction and sentence, is released
subject to the conditions imposed by the court and to the supervision of a probation officer. It is evident from
this provision that an offender will be released on probation only after conviction and sentence. Furthermore,
Section 4 underlines the necessity of filing an application with the trial court before the suspension of the
execution of the court's judgment. The petition for probation may be filed by a petitioner directly with the trial
court which exercises jurisdiction over his case. If the court finds that the petition is in due form and that the
petitioner is not disqualified from the grant of probation it shall refer the same to the Provincial or City
Probation Officer within
Its jurisdiction as the case may be. The court shall order the Provincial or City Probation Office to conduct a
postsentence investigation of the petitioner. Only upon the filing of an application for probation after
conviction and sentence and a determination that the offender does not fall under any of the disqualifications
set forth in the Decree may the court suspend the execution of sentence.
The Post-Sentence Investigation is an indispensable requisite to a grant of probation. The Probation Law
provides: "No person shall be placed on probation except upon prior investigation by the probation officer
and a determination by the court that the ends of justice and the best interest of the public as well as that of
the defendant will be served thereby."
The scope of the investigation must be consistent with the purposes of probation. In general, it is a fact finding
inquiry into all information relative to the character, antecedents, environment, mental and physical condition
of the offender, and available institutional and community resources. Upon the termination of the Post-
Sentence Investigation, 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 purpose of
the report is to assist the court in determining whether or not the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby. The recommendation contained in the report is
merely persuasive and is in no way binding upon the court. Considering the foregoing and compliance
therewith, the court will promulgate a probation order. Probation is a privilege and, as such, its grant rests
solely upon the discretion of the court. The grant of probation results in the release of the petitioner subject to
the terms and conditions imposed by the court, and to the supervision of the Probation Office.33 As to the
conditions to be imposed by the court, they are enumerated in Section 10 of the Presidential Decree No. 968.
The jurisdiction and control of the court which arises from an imposed sentence, remains with the court even
after a grant of probation. This is evident in Sections 32 and 40 of the Rules on Probation Methods and
Procedures. Section 32 provides: "During the period of probation the court, motu proprio, or on motion of the
probation officer or of the probationer, may revise or modify the conditions or terms of the probation order."
In case of violation of the terms and conditions imposed by the court, Section 40 provides "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 and shall commit the probationer."
This power of the court underlines the non-punitive and non-repressive aspect of probation. Such constitutes a
sufficient threat to the probationer to fulfil all terms and conditions imposed by the court.
PROBATION IS an ADMINISTRATIVE PROCESS Once the court has granted probation to an offender
and has duly imposed the terms and conditions of the probation, the probation officer has the bounden duty to
see to it that the probationer observes all terms and conditions imposed by the court. Probation supervision is
then a primarily an administrative process. The primary purposes of probation supervision are:

a. To carry out the conditions set forth in the probation order;

b. To ascertain whether the probationer is following said conditions; and
c. To bring about the rehabilitation of the probationer and his reintegration into the community.
d. To carry out these purposes the Probation Law upon its approval carried with it the establishment of a
Probation Administration an agency under the Department of Justice, which shall exercise general
supervision over all probationers. The Administration shall have regional offices organized in
accordance with the field service area pattern established under the Integrated Reorganization Plan.
There shall be at least one probation officer in each province and city who shall be appointed by the
Secretary of Justice upon recommendation of the Administrator and in accordance with civil service
law and rules. At this juncture, it is to be emphasized that in spite of the fact that the Probation
Administration is an executive agency, control of the courts over the probationer is not lost. The basis
for such is the first paragraph of Section 13 of the Decree which provides that "the probationer and his
probation program shall be under the control of the court who placed him on probation subject to
actual supervision and visitation by a probation officer."

A. PHILOSOPHY OF PROBATION
The Probation adheres to the following philosophy:
1. There is no single cause for delinquent behaviour. Human beings are extremely complicated. It is not possible
to trace complex pattern of Human behaviour to any single cause;

2. Delinquent and criminal acts are symptoms. The offender against our law is exhibiting a symptom of social or
psychological disturbance, just as a headache is a symptom of a physical disturbance. This means that the
juvenile delinquent or adult offender is in need of treatment. The job of Probation Administration is to find out
what the problems are beneath the symptom and to recommend appropriate treatment plans;

3. That the individual has the ability to change and modify his anti-social behaviour with the right kind of help;

4. The central goal of probation Administration is to enhance the safety of the community by reducing the
incidence of Criminal acts by person previously convicted. The goal is to achieve through counselling, guidance,
assistance, surveillance and restraint of the offender to enable their reintegration into society as law abiding
and productive members;

5. The basic idea underlying a sentence to probation is very simple. Sentencing is in large part concerned with
avoiding future crimes by helping the defendant learn to live productively in the community which he has
offended;

6. This is of course not to say that probation should be used in all cases, or it will always produce better results.
There are many goals of sentencing some of which in given case may require the imposition of a sentence to
imprisonment even in the face of a conclusion that the probation is more likely to assure that the public that
the particular defendant will not offend again.

7. By the same token however, it can be said that probation is a good bit more than the “matter of grace” or
“leniency” which characterizes the philosophy of the general public and of many Judges and legislators on the
subjects. Probation is an affirmative correction to a tool which is used not because is maximum benefits to the
defendant, but society which is sought to be served by the sentencing criminals;

8. An adequate correctional system will place great reliance on appropriately funded and manned probation
services, within such context probation services. Within such context probation can lead to significant
improvement in the preventive effects of the criminal law, at much less of a financial burden than the more
typical prison sentence;

9. Imprisonment as a sole cure for prevalence of Crime is no Longer recognized. Prisons are in themselves
often productive of crime and Destructive of the keepers as well as kept

10. It is generally concealed that probation a matter of privilege to be granted refused at discretion of the
State. The applicant has already been convicted and sentenced by the court and it is only the mercy of that he
may be given probation;

11. No violation of probation conditions should result in automatic revocation;

12. No physical would undertake to prescribe treatment for sick man unless he has report of his ailment and
condition (diagnosis), a judge should not pass judgment on a man without postsentence investigation report.
III.ELEMENTS AND
CHARACTERISTICS OF
PROBATION
A. ELEMENTS OF PROBATION

A. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION

1. A post sentence investigation report which will serve as the informational for the court’s decision to
grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety and to faster the rehabilitation
and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation officer.

B. ESSENTIAL ELEMENTS OF THE PROBATION

SYSTEM UNDER PRESIDENTIAL DECREE NO. 968

The following are the essential elements of the probation system under Presidential Decree No. 968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
3. Persons under probation retain their civil rights, like the right to vote, or practice one's profession,
or exercise parental or marital authority.

B. CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community based treatment programs instead of imprisoning
them.
5. It is limited to offenders who are likely to respond favourably there to.
6. It is less costly than the confinement of all offenders in prisons.

IV.OBJECTIVES AND PURPOSE OF

PROBATION
A. OBJECTIVES OF PROBATION
The following are the fundamental objectives of a
Probation Agency
1. Assist the court in matters pertaining to sentencing
2. Promote community protection by supervising and monitoring the activities of persons on
probation
3. Promote the betterment of offenders by ensuring that they receive appropriate rehabilitation
services

B. THE PURPOSE OF THE PROBATION LAW

The purpose of the Probation Law as stated in Section 2 thereof reiterates the above-mentioned characteristics
and vests in them the mandate of law. It provides that the purpose of the Decree is to:
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
2. Provide an opportunity for the reformation of a penitent offender which might be less probable if
he were to serve a prison sentence; and
3. Prevent the commission of offenses.
V. ADVANTAGES, BENEFITS AND
SAVINGS OF PROBATION
A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer benefits and advantages not only to society in general
but more soon the part of the offender and the government. Specifically the following are the advantage of
probation:
1. Probation prevents crime by offering freedom and aid only to those who are not likely to assault
society again.
2. It protects the society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
3. It conform the modern humanistic trends in Penology.
4. It prevents youthful of first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
6. It reduces recidivism and overcrowding of jails and prisons.
7. It reduces the burden of police forces and institution in feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights which was previously lost or suspended as a
result of conviction.
11. It has been proven effective in developing countries that have adopted it.
12. It is advocated by the United Nations in its various congresses in crime prevention and treatment of
offenders

B. BENEFITS OF PROBATION
Probation has the following benefits:
1. It protects society
A. from the excessive cost of detention
B. from the high rate of recidivism of detained offender
2. It protects the victim
A. it provides restitution
B. it preserves justice
3. It protects the family
A. it does not deprive the wife and children of husband and father
B. it maintains the unity of a home
4. It assists the government
A. it reduces the population of prisons and jail
B. it lessens the clogging of courts
C. it lightens the load of prosecutors
5. It helps the offender
A. it maintains his earning power
B. it provides rehabilitation in the community
C. it restores his dignity
6. It justifies the philosophy of men
A. that life is sacred
B. that all men deserve a second chance
C. that and individual can change
D. that society has the moral obligation to lift the fallen

C. SAVINGS OF PROBATION
The following are the savings of probation:
1. Probation is one tenth the cost of detention. As illustrated, the per capita cost of maintaining one offender in
the Philippines is estimated at Php 11,000.00 annually, while it costs only Php 300.00 to maintain one offender
on probation.

2. This means savings of Php 30,000.00 when 10,000 of 40,000 offenders are on probation annually. It is
expected that at least one third of the prisons and jail population in the country would benefit from probation.

3. The average per capita income of a Filipino in 2003 according to the National Statistics and

Coordination Board (NSCB) was Php 30,703.00. It means that when 10,000 probationers are making

a living they will produce Php 307,030,000.00 in goods and service annually. A part of this goes to the
government in forms of taxes. Indeed, detention makes tax eaters while probation makes TAX PAYERS.

4. The cost of constructing and preparing prisons and jails is enormous which would run to at least Php
10,000,000 annually in order to accommodate 40,000 offenders.

5. The probation system saves the government a total of Php 4.678 Billion in terms of prisoner’s maintenance
in jails and prisons all over the country.

6. Philippine Probation System adheres to the concept of Restorative Justice. Thus, a total of Php 137.923
Million has been paid to clients’ victims and/or their heirs

7. The biggest savings of probation aside from money are, however, in the forms of human resources, dignity,
time and opportunity for development, which are most needed by our society.

VI. PROBLEM AREAS OF THE

PROBATION LAW
1. Presidential Decree No. 968 will cover civilians tried and convicted by military tribunals. Section 1 provides:
"it shall apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree
No. 603 and similar laws." Section 9 on disqualified offenders does not include those convicted by military
tribunals. What are the "similar laws" referred to in Section 1? Two can readily be mentioned-The Dangerous
Drugs Act of 1972 and the Articles of War.

2. The cut-off point at six years imprisonment for extending the benefits of probation refers to the sentence
actually imposed, not that prescribed by law for the offense committed. The probation law does not disqualify
one who has been convicted of an offense penalized by DESTIERRO, such as that of killing or inflicting serious
physical injuries under the exceptional circumstances in Article 247 of the Revised Penal Code or concubinage
insofar as the concubine is concerned in Article 334, of the same. Unlike Section 9(a), Section 9(c) has
reference to the penalty imposed by law. Under Section 9(d), one who has been on probation only under the
Juvenile Delinquency Act of 1924, Article 80 of the Revised Penal Code, or the Child and Youth Welfare Code
will not be disqualified. Under disqualification (e), those who will serve sentence after the substantive
provisions of the Decree shall become operative will be permitted to do so, according to one view. The reason
given is that otherwise it would have been unnecessary for the law to specify the time at which the offender
concerned should be serving his sentence. Another view, however, points to the principle of separation of
powers.

4. Probation, it is argued, as laid out by the Decree is primarily a judicial function , while the service or
execution of sentence is an executive one. When the convict is delivered to the hands of the prison authorities,
to subsequently allow the judiciary to reach him by suspending the further service of his sentence and placing
him on probation would constitute an intrusion into the prerogatives of the executive to whom belongs the
exclusive power to grant reprieves, commutations and pardons and remit fines and forfeitures. Therefore,
according to this view, offenders who are already serving sentence, no matter when they start or may be
found to be serving sentence, are NOT qualified for the benefits of the Decree.

5. It cannot be made at any time after conviction and sentence, but rather extends only up to the actual
commitment of the defendant to prison for the service of his sentence, and not thereafter. The defendant may
apply for probation in case of appeal from a judgment of conviction. He may apply for probation as long as he
has not begun serving his sentence, and obviously this does not happen if the sentence has not become final
and executory, such as during the pendency of an appeal.

6. The rule of automatic withdrawal of pending appeal applies in case the application for probation is made
when the appellate court has already rendered its decision, there being no indication in the probation law to
the contrary, and the operation of such rule being in accordance with the maxim that laws should be liberally
construed in favour of the accused.

7. The application for probation may be in any form, whether written or oral. While Section 4 of the Decree
states that the application shall be filed with the court, this does not necessarily mean that it should be in
writing, even if a written form would definitely be more convenient to the court. A liberal construction of the
law beneficial to the accused would not consider the use of the term 'filed' by the law, as impliedly requiring a
written form.

8. Defendant is not entitled as a matter of right to the assistance of counsel in the investigation. The probation
law does not have a provision guaranteeing the right to counsel in such investigation. The constitutional
guarantee that in all criminal prosecutions the accused shall enjoy the right to be heard by him and counsel and
that any person under investigation for the commission of an offense shall have the right to counsel would not
seem to apply because the investigation by the probation officer is neither prosecutory nor accusatory in
character. It is merely a fact-finding inquiry.

9. Neither is the constitutional guarantee against self-incrimination that no person shall be compelled to be

a witness against himself, available in the investigation. The said guarantee does not depend upon the nature
of the proceedings in which it is invoked, of course, and it may be availed of as long as the questions objected
to would incriminate the person who 'is asked to answer the same. But it is an established doctrine that where
the answer to a question, however self-incriminating, may not be used as evidence of criminal liability of the
respondent because there is a law prohibiting its use for that purpose, then the privilege against self-
incrimination may not be validly invoked to justify refusal to answer the question. Section 17 of the Probation
Law provides that the investigation report and the supervision history of the probationer obtained under this
decree shall be privileged, i.e., it may not legally be used as· evidence of liability. We raise one question,
though. The same Section 17 itself provides that "the investigation report and the supervision history x x x
shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation
Administration or the court concerned x x x." If the defendant cannot invoke the privilege against self-
incrimination during the investigation, would not the incriminating answers given prejudice the court in
deciding whether it will grant probation or not?

10. Pending submission of the investigation report and the resolution of the petition for probation, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case, or on recognizance.

11. While the grant or denial of probation is not appealable, certiorari will lie, under the general law on
certiorari. This is not appeal for he does not question the findings of fact of the trial court but only the
reasonableness of the order based thereon and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper, court alleging the facts with certainty and praying
that judgment be rendered annulling or modifying the proceeding as the law requires of such tribunal, board or
officer. The petition shall be accompanied by a certified true copy of the judgment or order subject thereof,
together with copies of all pleadings and documents relevant and pertinent thereto.

12. The grant of probation does not erase, modify of otherwise affect the offender's CIVIL LIABILITY.
Probation is a substitute for imprisonment and other criminal penalties, not a mode of discharging the civil
liability, which is owed not to the State but to the offended party. The sentence, which is suspended from
execution, means only the imposition of the criminal penalties, not the civil liability. If it were otherwise, the
offended party would have to file a separate civil action thereby creating multiplicity of suits, contrary to public
policy. In fact, civil indemnification might be imposed as a condition for probation under Section 10 (k) of the
Probation Law. Indeed, under Article 112 in relation to Article 113, of the Revised Penal Code, except in case of
extinction of his civil liability in accordance with the provisions of the civil law, the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime committed by him, even if he has served his
sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of service, or any other reason.

VII. PROBATION UNDER PD NO.

603 AS AMENDED BY REPUBLIC
ACT NO. 9344
The Presidential Decree (PD) 603 is known as the Child and Youth Welfare Code. The Decree was signed by his
Excellency President Ferdinand Marcos on December 10, 1974 and took effect on June 10, 1975. It provides for
the grant of probation to youthful offender as an alternative to imprisonment. It is considered as the second
probation law of the Philippines which is intended only for minors. Presidential Decree No. 603 applies to
youthful offenders. It suspends the sentence of minor offenders whose ages range from 9 years old but not
more than 21 years old (now 18) the time of the commission of the offense and places them to rehabilitation
center. It states, "If after hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him, the court shall determine the imposable
penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend further proceedings and shall commit such minor to the custody or care of
the Department of Social Welfare, or to any training institution operated by the government, or duly licensed
agencies or any other responsible person, until he shall have reached 21 years of age (now 18), or for a shorter
period as the court may deem proper.
NOTA BENE: The age of minority is lowered from 21 to 18 years old.
RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344 Sec. 5 of Republic act No. 9344: Rights of the
Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including
but not limited to: xxx (m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law; xxx
Sec. 42 of Republic act No. 9344: Probation as an Alternative to Imprisonment. - The court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child
on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this
purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby
amended accordingly.
Sec. 43 of Republic act No. 9344: Confidentiality of Records and Proceedings. - All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the case shall be
considered privileged and confidential. The public shall be excluded during the proceedings and the records
shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the
proceedings for any purpose whatsoever, EXCEPT to determine if the child in conflict with the law may have
his/her sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the
civil liability imposed in the criminal action. The component authorities shall undertake all measures to
protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a
separate police blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to the child's identity. Records of a child in conflict with the law
shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when
beneficial for the offender and upon his/her written consent. A person who has been in conflict with the law as
a child shall not be held under any provision of law, to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made to him/her for any purpose.
Sec. 67 of Republic act No. 9344: Children Who Reach the Age of Eighteen (18) Years Pending Diversion and
Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings,
the appropriate diversion authority in consultation with the local social welfare and development officer or the
Family Court in consultation with the Social Services and Counselling Division (SSCD) of the Supreme Court, as
the case may be, shall determine the appropriate disposition. In case the appropriate court executes the
judgment of conviction, and unless the child in conflict the law has already availed of probation under
Presidential Decree No. 603 or other similar laws, the child may apply for probation if qualified under the
provisions of the Probation Law.

DISTINCTION BETWEEN PROBATION UNDER

PRESIDENTIAL DECREE NO. 603 AND UNDER
PRESIDENTIAL DECREE NO. 968

Presidential Decree No. Presidential Decree No. 968

603
Under Presidential Decree No. 603 the youthful
offender is neither convicted nor sentenced although
the court finding him guilty determines the imposable
penalty and orders his commitment as a matter of
course to any of the trustees for his correction and
rehabilitation, even without his asking for it and
without any prior investigation.
Under Presidential Decree No. 968, the offender is
convicted and sentenced. Section 3 defines probation
as a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer. The probationer is
not committed to any institution but is set free under
the constructive custody of the court which heard his
application for probation. Section 4 of the Probation
Decree requires that defendant should apply for
probation.