Non-Institutional Correction

Republic of the Philippines
Province of Nueva Ecija

City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
DEPARMENT OF CRIMINAL JUSTICE EDUCATION
NON-INSTITUTIONAL CORRECTION
The five pillars of the criminal justice system are

1. Law enforcement
2. Prosecution
3. Courts
4. Corrections –either institution based or non-institution based corrections.
5. Community.
The fourth pillar takes over once the accused, after having been found guilty, is
meted out the penalty for the crime he committed. He can apply for probation or he could
be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the
municipal, provincial or national penitentiary depending on the length of the sentence
meted out.
CORRECTION defined:
1. Corrections is one branch of criminal justice concerned with the custody, supervision,
and rehabilitation of convicted offenders.
2. As a process, Correction refers to the reorientation or re-instruction of the criminal
offender in order to prevent him/her from repeating his deviant or delinquent actions.
In correcting the deviant behavior of the offender, the process does not consider the
necessity of taking punitive actions.
3. It is 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 (Allen and
Simonsen, Corrections in America).
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The Philippine Correctional System has two (2) approaches in treating criminal
offenders,
-Non institutional correction

-Institutional correction
INSTITUTIONAL CORRECTION
Government agencies that handle institutional correction
The bureau of jail management and penology (BJMP) under the Department of local
and interior Government
Local government Units –Provincial Jails which are under supervision of Provincial
Governors and
Bureau of corrections (Bucor) under the department of justice
The Bureau of Corrections is an agency of the Department of Justice which is charged

with the custody and rehabilitation of national offenders, who have been sentenced to
three years of imprisonment or more. The agency has its headquarters in the New Bilibid
Prison Reservation in Muntinlupa.
NON INSTITUTIONAL CORRECTION
Government agencies that handle non institutional based correction
1. The parole and probations administration (PPA) headed by an administrator

2. The board of pardon and parole (BPP)headed by the chairman (secretary of
Justice )
3. The Department of Social welfare and development (DSWD) with the
secretary as its head
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GAPAN CITY COLLEGE
Non institution based corrections community based programs such as probation,

suspended sentence for the first time minor offenders, parole and conditional pardon.
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.
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.
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the Parole and Probation Administration,

abbreviated as PPA, is an agency of the Philippine government under the Department
of Justice responsible for providing a less costly alternative to imprisonment of first-
time offenders who are likely to respond to individualized community-based treatment
program
Origin of probation
Probation was first legally established in the united states ;however it originated in the
methods used under the common law of England to humanized the criminal justice
system .
John Augustus .a famous shoe maker from Boston in 1841 ,is recognized as the father
of probation in America after asking a court in Boston in 1841 to remand a common
drunkard into his care instead of incarcerating the man This practice is the basis of
many of the techniques of probation officers and other social workers today
probation
Probation was first introduced in the Philippines during the American colonial period (1898
-1945) with the enactment of act 4221 of the Philippines legislature, on august 7 1935 the
said legislative measure created a Probation office under the Department of Justic.On
November 16,1937,after barely two years of existence ,supreme court of the Philippines
declared the probation law unconstitutional because of some defects in the law’s
procedural frame work .
It all began in 1972 when congressman teodulo Natividad and Ramon Bagatsing
filed the house bill 393 an act establishing Probation in the Philippines .it was able to
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hurdle the legislative process in the house of representative and was pending in the
senate when Martial law was declared abolishing congress
In 1975 the fifth United Nation Congress on the Prevention of crime and the treatment of
crime was held in Geneva ,Switzerland and Congressman Natividad was elected as its
first Filipino vice president
On April 24 1976 congressman teodulo Natividad ,drafted Presidential decree 968

otherwise known as the adult probation law of 1976 ,which was made ready for
presentation at a seminar on the probation system sponsored by the Napolcom and the
UP and law center
Presidential decree 968

PHILIPPPINE PROBATION
Dr Torstein Erickson ,former United Nations International Regional advisor on crime
prevention and criminal justice and Dr .A lamont Smith .Director for research Program
,Planning and Evaluation Department of corrections Arizona ,participated in the
presentation of the draft decree at the said seminar on the probation system ,which was
attended by 369 participants
On July 24 1976 ,the said decree was signed into law by President Ferdinand E Marcos
.the probation system started to operate in 1976 -1977 and become a massive
undertaking because all the judge and prosecutors nationwide had to trained for the
proper implementation of probation method and procedures
Presidential decree 968 finally took effect on January three (3) 1978 a law which was
can now be considered ,an alternative to imprisonment
By virtue of the executive order no 292 on November 23,1989 Probation administration

was renamed Parole and probation administration
FORERUNNERS OF PROBATION
1. BENEFITS OF CLERGY
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The earliest device for softening brutal severity of punishment seems to have been the
benefit of clergy.
In English law, the benefit of clergy was originally a provision by which clergymen could
claim that they were outside the jurisdiction of the secular courts and be tried instead in
an ecclesiastical court under canon law. Various reforms limited the scope of this legal
arrangement to prevent its abuse.
as where the judge is not satisfied with the verdict or the evidence is suspicious or the
complaint is insufficient, or he is doubtful, a small felony or any favorable circumstances
appear in the criminal’s character in order to give room to apply to the crown for an
absolute or conditional pardon
JUDICIAL REPRIEVE
It is the withdrawing of sentence for an interval of time whereby the execution is
suspended either before or after judgment.
It is a mechanism whereby a person accused of a crime in custody ,may be released on

his own strength pending trial of his case or on the assurance of a responsible person in
the community that the accused will appear to testify if called during the trial of his case
RECOGNIZANCE OR BINDING OVER FOR GOOD BEHAVIOR

transportation
Transportation was an alternative punishment to hanging. Convicted criminals were
transported to the colonies to serve their prison sentences. It had the advantages of
removing the criminal from society and being quite cheap - the state only had to pay the
cost of the journey.
This was chiefly a way of ridding the country of criminals ,which latter developed as a
plan for supplying new colonies with chief labor .it was also an attempt to substitute for
brutal punishment at home and opportunity for rehabilitation in a new country
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John Augustus
NOTE: The word probation derives from the latin probare meaning a period of proving
or trial and forgiveness
Probation originated in the U.S. as early as 1841 a Boston shoemaker, John Augustus
was interceding with the courts to suspend the sentence of youthful offenders and
alcoholics and place them in his charge.
John Augustus died on June 21 ,1859,out of nearly 2.000.persons for whom he has
become responsible ,only ten is proven ungrateful for his goodness .there are no exact
data as to the results he obtained ,but Augustus was optimistic .he states that of his
first 100 cases only forfeited the bond
About 1870 Father Cook, became interested in youth that were tried before the court
whose cases were due to circumstances rather than to character. After investigating each
case and findings the offenders not hardened and still susceptible to reforms, he made
himself available to the court as adviser to these offenders.
. MATHEW DAVENPORT HILL

English Magistrate
Known as the father of
probation in England
He has thus acted with regard to juvenile offenders; when there was ground for
believing that the individual was not wholly corrupt when there was reasonable hope of
reformation and when there could be found persons to act as guardians, kind enough to
take charge of the young convict.
EDWARDSAVAGE
An ex chief of police of Boston
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The first probation officer employed by the Government
FATHER COOK
He was from Boston
Became interested in youths who were tried before the courts and whose cases
were due to circumstances rather than character after investigating each case and
finding the offenders not hardened and still susceptible to reforms he made himself
available to the court as adviser to these offenders.
GOVERNOR ALEXANDER RICE

Signed into law the first probation law on April 26, 1878 at Massachusetts.
Who passed the first law probation?
TEODULO NATIVIDAD
Former NAPOLCOM COMMISSIONER and former CONGRESSMAN of Bulacan

Known as the Father of probation in the Philippines.
First probation administrator
Congressman Ramon Bagatsing

Co-author of house bill 393 with congressman Natividad or an act establishing
Probation in the Philippines
Ferdinand Marcos
President of the Philippines who approved and signed Presidential decree 968
,as amended ,on July 24 ,1976
THE FIRST STATE TO ENACT AND ADOPT PROBATION?
April 26 1878
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The first probation law was passed by the legislature of Massachusetts and signed by
governor Alexander H Rice.
1897
Massachusetts became the 1st state to enact and adopt Parole of convicted probation
law
1898
Vermont became the 2nd state to enact a real probation law
1899
Rhode Island followed as the 3rd state to enact a real probation law .A complete state
administered system appeared first here Minnesota and Illinois enacted laws giving
probation service to children only
1st- Masachussets
2nd- vermont
3rd- Rhode island
4th- New jersey
5th- New York
1900
New Jersey joined the other states as the 4th state to pass a general probation law after
the New England Model .Also New York became the fifth state to provide for adult
probation
Presidential Decree No. 968, As Amended
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PD 968 is the Probation law of 1976 which was promulgated on July 24 ,1976. This law
applies to
1) adult offender and
2) first time minor offender under section 70 of the comprehensive dangerous drug
act of 2002 (RA 9165) and
PD NO 968 as amended apply to all offenders ,exceptions

1. Legally disqualified offender under section 9 of PD No 968 as amended by PD
No 1990
2. Offenders covered by PD No 603-the child and youthful welfare Code was
promulgated on December 10,1974 and took effect on June 8, 1975 as amended by PD
no. 1179 which took effect on October 11,1977 .however under section 70 of dangerous
drug act of 2002 (RA 9165) a first time minor offender may be placed under probation at
the court ‘s discretion
3. Similar laws refers to law which specifically deny the benefits of the Probation
law , to wit:
a) Omnibus election Code of the Philippines (Batas Pambansa blg 881)

b) Wage rationalization Act (RA No 6727)
c) The Comprehensive Dangerous Drugs act of 2002 (RA NO 9165)
Sec. 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..
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Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:
a) Probation" is a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the court and to the supervision
of a probation officer..
b) Probationer" means a person placed on probation.
c) Probation Officer" means one who investigates for the court a referral for
probation or supervises a probationer or both.
d) Amicus Curae- friend of court
e) absconding petitioner- a convicted accused whose application of probation has
been given due but fails to report to the parole and probation office or cannot be located
within the reasonable time.
f) absconding probationer- an accused whose probation was granted but failed to
report for the supervision within the period ordered by the court or a probationer who
fails to continue reporting for supervision an whose whereabouts are unknown for
reasonable period of time
g) petitioner- a convicted offender applying for probation
h- petition- the application for probation
i) Probation order- order of the trail court granting provation
Sec. 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 application shall be deemed a waiver of the right to appeal, or the automatic
withdrawal of a pending appeal.
Note : An order granting or denying probation shall not be appealable.
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Sec. 6. Form of Investigation Report. — The investigation report to be submitted by

the probation officer under Section 5 hereof shall be in the form prescribed by the
Probation Administrator and approved by the Secretary of Justice.
Sec. 5. Post-sentence Investigation. — indispensable requisite to grant

probation. 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.
Sec. 6. Form of Investigation Report. — The investigation report to be submitted by

the probation officer under Section 5 hereof shall be in the form prescribed by the
Probation Administrator and approved by the Secretary of Justice.
Sec. 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 probation not later than fifteen days (15) 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 to the custody
of a responsible member of the community who shall guarantee his appearance
whenever required by the court.
Sec. 8. Criteria for Placing an Offender on Probation. — In determining whether an

offender may be placed on probation, the court shall consider all information relative, to
the character, antecedents, environment, mental and physical condition of the offender,
and available institutional and community resources.
Probation shall be denied if the court finds that:
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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.
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 years;
b) convicted of any offense against the security of the State;
c) who have previously been convicted by final judgment of an offense punished by

imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
d) who have been once on probation under the provisions of this Decree; and
e) who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.
Sec. 10. Conditions of Probation. — Every probation order issued by the court shall
contain conditions requiring that the probationer shall:
a) present himself to the probation officer designated to undertake his supervision
at such place as may be specified in the order within seventy-two hours from receipt of
said order;
b) report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to:

a) cooperate with a program of supervision;
b) meet his family responsibilities;
c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer;
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d. undergo medical, psychological or psychiatric examination and treatment and

enter and remain in a specified institution, when required for that purpose;
e) pursue a prescribed secular study or vocational training;
F. attend or reside in a facility established for instruction, recreation or residence
of persons on probation;
G. refrain from visiting houses of ill-repute;
H. abstain from drinking intoxicating beverages to excess;
i) permit the probation officer or an authorized social worker to visit his home
and place of work;
j) reside at premises approved by it and not to change his residence without
its prior written approval; or
k) satisfy any other condition related to the rehabilitation of the defendant
and not unduly restrictive of his liberty or incompatible with his freedom of
conscience.
Sec. 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.
The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation
Sec. 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 of such an application so as to give both
parties an opportunity to be heard thereon
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Sec. 13. Control and Supervision of Probationer. — The probationer and his
probation program shall be under the control of the court who placed him on probation
subject to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another

court, control over him shall be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the probation order, the investigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter,
the Executive Judge to whom jurisdiction over the probationer is transferred shall have
the power with respect to him that was previously possessed by the court which granted
the probation.
Sec. 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.
When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall
not be less than nor to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate established, in Article thirty-
nine of the Revised Penal Code, as amended.
Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any time during

probation, the court may issue a warrant for the arrest of a probationer for violation of
any of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons charged
with a crime shall be applicable to probationers arrested under this provision. If the
violation is established, the court may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the probationer to serve the
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sentence originally imposed. An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.
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 discharge of the probationer 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.
Sec. 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, except 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 makes 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.
Sec. 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 Administration, which shall exercise general supervision over all
probationers
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The Administration shall have such staff, operating units and personnel as may be
necessary for the proper execution of its functions.
Sec. 19. Probation Administration. — The Administration shall be headed by the

Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good behavior
and shall not be removed except for cause.
Sec. 20. Assistant Probation Administrator. — There shall be an Assistant Probation

Administrator who shall assist the Administrator perform such duties as may be assigned
to him by the latter 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.
Sec. 21. Qualifications of the Administrator and Assistant Probation

Administrator. — To be eligible 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 criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration,
or related fields, and should have at least five years of supervisory experience, or be a
member of the Philippine Bar with at least seven years of supervisory experience.
Sec. 22. Regional Office; Regional Probation Officer. — The Administration shall
have regional offices organized in accordance with the field service area patterns
established under the Integrated 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 upon the recommendation of the Secretary of Justice.
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The Regional Probation Officer shall exercise supervision and control over all probation
officer within his jurisdiction and such duties as may be 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.
Sec. 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 recommendation of the Administrator and in accordance with civil service
law and rules.
Sec. 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.
Sec. 28. Probation Aides. — To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be determined
by the Probation Administrator. Their qualifications and maximum case loads shall be
provided in the rules promulgated pursuant to this Decree.
Sec. 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
six hundred to six thousand pesos shall be imposed upon any person who violates
Section 17 hereof.
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A. ELEMENTS OF PROBATION
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:
✓ Probation is a single or one-time" affair.
✓ Probation system is highly selective.
✓ Persons under probation retain their civil rights, like the right to vote, or practice
one's profession, or exercise parental or marital authority.
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 favorably there to. 6. It is less
costly than the confinement of all offenders in prisons.
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;
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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.
END OF MIDTERM
Prepared by: Jhanette S. Flauta, RCrim., MSCJE
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Non-Institutional Correction

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Republic of the Philippines

Province of Nueva Ecija

DEPARMENT OF CRIMINAL JUSTICE EDUCATION

The five pillars of the criminal justice system are

DEPARMENT OF CRIMINAL JUSTICE EDUCATION