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CHAPTER 1

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.

THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

 BUREAU OF CORRECTION (BUCOR), under the DOJ

 The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG
 The PROVINCIAL Jails, Under Provincial Government, under DILG
 The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of, youthful
Rehabilitation centers for juveniles
 Other agencies under this pillar are the:

(Community Based Correction)

 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.
 LOCK-UP JAILS under the Philippine National Police (PNP)

DECONGESTION OF JAILS

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.

LAW AND DECREES USUALLY AVAILED TO DECONGEST JAILS

 Presidential Decree No. 603 – known as the child and youth welfare code, suspends sentence of minor
offenders whose ages range from nine (9) years to under eighteen (18) years

 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.

 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.

 Article 97 of RPC – which provides that a prisoner shall be entitled to a deduction from his prison term for good
conduct.

 DOJ Memorandum Circular no. 6 – which directs all wardens or anyone in-charge of local jails to effect the
immediate transfer of national prisoners to the Bureau of corrections.

 Republic Act No. 9165 – Comprehensive Dangerous Drug Act of 2002 (July 4,2002) -1st time minor offender
(probation) for use 2 possession only./deport

 Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006
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 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.

 Republic Act No. 6127 – fully deducts the period of the offenders' preventive detention from the sentence
imposed by the courts;

 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.

 Presidential Decree No.968 – July 24,1976 – is the Philippine Probation Law of 1976

APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

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

 Non-Institutional Correction or Community- Based Approach – correctional activities that may take place
within the community.

NON-INSTITUTIONAL CORRECTION/COMMUNITY-BASED CORRECTIONAL – refer to that method of correcting

sentenced offenders without having to go to prison

- 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
law- abiding citizen.

ADVANTAGES OF COMMUNITY BASED CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member because the convict can still
continue to support his family; not to be far away from his children:

2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who
will only influence him to a life of crime;

3. Rehabilitation can be monitored by the community, thus, corrections can be made and be more effective; and

4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped

government an entire bureaucracy will be eliminated which include the salaries, benefits and perks of the
officers and staff, capital outlays. operating cost maintenance of the facilities, subsistence of inmates and
many others.

BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED TREATMENT PROGRAMS

1. Humanitarian Aspects – imprisonment is not always advisable.

2. Restorative Justice – 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 law.
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3. Managerial Aspect – it is easier to manage those undergoing community based treatment programs.

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

1. Probation – It 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.

2. Indeterminate Sentence Law/Parole Program – It is that type of correctional program that enables the
convicted felon after serving the minimum imposable penalty may be eligible for release on parole.

3. Executive Clemency – It is the power of the Chief Executive to grant amnesty commutation of sentence,
pardon. reprieve and remit fines and forfeitures to convicted prisoners.

4. Restorative Justice Program – It refers to the program enacted under RA 9344 for CICLs that requires a
CICL's to undergo after he/she is found responsible for an offense without resorting to formal court proceeding like
diversion, intervention and Community based programs.

Prison Mayor
 Minimum (6y, 1day to 8y)
 Medium (8y, 1day to 10y)
 Maximum (10y, 1day to 12y)

AGENCIES CONCERNED

Parole and Probation Administration(PPA)

- Headed by Administrator
- Handles the Investigation petitioners for Probation & Supervision of Probationer, Parolees, and Conditional
Pardonees.
- Hon.Teodulo Natividad was the first Administrator

Board of Pardons and Parolo (BPP)

- Headed by Chairman (DOJ Undersecretary)

- Responsible for grant of Parole and recommending Executive Clemency to the President (E.O 83, series of
1937)

Department of Social Welfare and Development (DSWD)

- Act. 3202,PD 603

- JJWC (9344) JISC (10630)
- Headed by DSWD Undersecretary as Chairman renders services for Children in Connion with the Law
(CICL)
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CHAPTER 2

PROBATION

- Latin verb
- "probare"-to prove test (John Augustus)
- "probatio"-testing period (Frederick Rainier)

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.

FORERUNNERS OF PROBATION

- Benefits of Clergy
- If any member of the clergy was brought to trial before the king's court, such clergy could be claimed from the
jurisdiction by the bishop or chaplain representing him on the ground that the prisoner was subject to the
authority of the Ecclesiastical Court only.

Judicial Reprieve

- When there is a favorable circumstance in the criminal's character in order to give him opportunity to apply to
the King for either an absolute an or conditional pardon. Early English courts began to grants reprieves to
prisoners under sentence of death on condition that they accept deportation to English settlements in
America.

Recognizance or “Binding over for good behavior"

- This is considered as the direct ancestor of probation. This Involves an obligation or promise sworn to under
court order by a person not yet convicted of crime he would keep the peace and be of good behavior.

Transportation

- this was developed from an ancient practice of banishment and flourished for more than two hundred years as
a principal method of disposing offenders. It served mainly as cheap source of supplying labor to the colonies
of England.

HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND

ENGLAND – It is where probation started in a form of suspending judgment and releasing offender on his own
Recognizance (ROR).

Mathew Davenport Hill – Father of Probation in England

An English Lawyer had also introduced the practice of suspending sentence and releasing the offender under the
supervision in England.
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HISTORICAL DEVELOPMENT OF PROBATION IN US

 The first state to enact a real probation law, the first practical demonstration of probation, first use of the term as
court service, and the enactment of the first probation law occurred in Massachusetts on April 21,1878

Edward Savage - first Probation officer

John Augustus (True Probation Officer)

- Father of Probation in the USA

- Was a Boston shoemaker
- Member of Washington Total Abstinence Society. formed in Boston in 1841 to promote temperance and to
reclaim drunkards.
- In 1841. John Augustus attended police court to bail out a "common drunkard”, "the first probationer:”
- He volunteered his 18 years in life as probation officer

 1841 - considered as birth year of probation.

 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.

Fr. Rufus Cook – A chaplain in Boston Massachusetts who continued the work of Augustus after the latter’s death
and employed humane but unscientific approach.

Killets Case

 This decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend
the imposition of incarceration and place an offender on probation signed by President Calvin Coolidge

 The U.S.Federal Probation Service was established.

HISTORY OF PROBATION IN THE PHILIPPINES

ACT NO.4221

 Enacted by the Philippine legislature on August 07,1935 and which created a Probation Offices under the
Department of Justice led by a Chief Probation Officer appointed by the American Governor General
with the advice and consent of the United State.

 This Law provided probation for the first time offenders, eighteen years of age and over, convicted of a
certain crime.

 Lasts for only 2 years. The act subsequently declared unconstitutional by the Supreme Court on Nov.16,1937
in People vs. Vera-case

ISSUE: Whether or not:

1. Encroaches upon the pardoning power of executive.

2. Constitute on undue delegation of legislative power.
3. Denies the equal protection of the law.
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 In 1972, House Bill No. 393 was filed in Congress Teudolo C. Natividad and Ramon D. Bagatsing which would
establish a probation system in the Philippines. This bill avoided the objectionable features of Act 4221 that
struck down the 1935 law as unconstitutional.

 The bill was passed by the House of Representatives but was pending in the Senate when Martial Law was
declared and Congress was abolished.

 On July 24, 1976. Presidential Decree No. 968, also known as Adult Probation Law of 1976 was signed into
Law by the President of the Philippines.

 The probation system started to operate on January 3, 1978

AMENDATORY LAWS TO PD 968

 PD 1257 – It took effect on December 01, 1977; it amended the period within which application for probation
must be made.

 BP 76 – It took effect on June 13, 1980; it amended the maximum penalty for qualification for probation

 PD 1990 – It took effect on January 15, 1986, it amended BP 76 back to original form.

 RA 10707 – New Probation Law of 2015S

TEODULO C. NATIVIDAD

- He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily tasked with
the drafting of the adult probation law.

- First Administrator of the Parole and Probation Administration which attached to the DOJ

- First Filipino Vice President of the United Nations Congress, Geneva Switzerland

- Former NAPOLCOM commissioner

- Former Congressman of Bulacan

- Introduced House Bill No,393 in collaboration with former Congressman

RAMON D.BAGATSING

The measure was passed in the Lower House and was pending in the senate when Martial Law was proclaimed
in 1972.

E.O 292 Administrative Code of 1987

- Renamed Probation Administration (968) to Parole and Probation Administration BPP Resolution 229
- Authorized the PPA to supervise and conduct investigation on parolee and pardonee
- Pre-executive Clemency (30days)
- Pre-Parole Investigation (60 days)
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TERMS TO PONDER

 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.

 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.

 Defense Counsel/Counsel – lawyer of the petitioner

 Petition – application for probation.
 Petitioner – a convicted defendant who files an application for probation.
 Probationer – means a person placed on probation.
 Probation Investigation – the process of selection, diagnoses and planning with the client.
 Probation Supervision – the continuous process of helping the client to follow through with the plans,
reevaluation and working with the client in the process of planning his life to meet dynamic situation.

 Probation Officer – person 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.
 Probation Order – order of the trial court granting probation
 Prosecutor – lawyer of the victim.
 Trial Court – refers to the Regional Trial Court RTC) of the Province or City/Municipal Court which has
jurisdiction over the case.
 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.

CONCEPT AND PHILOSOPHY OF PROBATION

- The basic legal conceptions of probation:

- First, it as a conditional suspension of the execution of sentence.
- Second it is a personal care or treatment and supervision over the probationer

PROBATION IS A COURT FUNCTION

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

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.
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AREAS OF THE PROBATION LAW

Presidential Decree No.968 will cover civilians tried and convicted by military tribunal. "it shall apply to all
offenders except those entitled to the benefits under the provisions of Presidential Decree No. 603 and similar laws."

What are the "similar laws" referred to in Section 1?

 The Comprehensive Dangerous Drugs Act.

 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.

 Probation, it is argued, as laid out by the Decree is primarily a judicial function

 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 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

 The application for probation may be in any form, whether written or oral.

 Defendant is not entitled as a matter of right to the assistance of counsel in the investigation

 Neither is the constitutional guarantee against self- incrimination that no person shall be compelled to be a witness
against himself, available in the investigation.

 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.

 While the grant or denial of probation is not appealable, certiorari will lie, under the general law on certiorari (a writ
or order by which a higher court reviews a decision of a lower court).

 The grant of probation does not erase, modify of otherwise affect the offender's CIVIL LIABILITY.

RELATED PROVISIONS UNDER REPUBLIC ACT NO.9344

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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 pf his/her sentence taking into account the best interest of the child.

DISTINCTION BETWEEN PROBATION UNDER PRESIDENTIAL DECREE NO.603 AND UNDER PRESIDENTIAL
DECREE NO.968.

 Presidential Decree No.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.

 Presidential Decree No.968 – Under Presidential Decree No.968, the offender is convicted and sentenced.
Application is required.

WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of probation in England. He finds persons who act as guardians of
the juvenile offender. Then at an unexpected period, the confidential officer visits the guardian, makes inquiries and
keeps notes of information received.

WHO IS JOHN AUGUSTUS?

 At the end of the probation period, he brought back the offender to court, and if no further complaint had been
lodged against the offender, the judged imposed a nominal fine with costs. If the man was too poor, Mr.
Augustus advanced the amount, usually as loan.

 Boston shoemaker,

 Counsel and assist such persons find homes, securing employment and adjusting family difficulties.

 His method was to provide bail for a temporary suspension of sentence

 John Augustus is the father of probation in the USA.

 Promoted temperance to reclaim drunkards. Later begun to take men and woman charged with other crimes,
then eventually children.

AUGUSTUS EXPERIMENT

 August 1841 – Rugged drunk man

 3 week – The drunkard was brought back to court where the judge cannot recognize him. Imposes a fine of
$3.76.

 Augustus died on June 21,1859. And out of 2000 person whom he extended his help, only 10 were
ungrateful. And out of 1100 cases, only one case was forfeited.

 Massachusetts became the 1st country to enact a probation law on April 21, 1878
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HISTORY OF PROBATION IN THE PHILIPPINES

 The Adult Probation Law of 1935

 The Philippine Legislature enacted the first probation of the Philippines. The first legislation was Act No. 4221
enacted by the Philippine legislature on August 07,1935 and which created a Probation Offices under the
Department of Justice led by a Chief Probation Officer appointed by the American Governor General
with the advice and consent of the United States.

 The act subsequently declared unconstitutional.

Section 11 of Act no 4221, the fatal provision of the Act, provided that "This Act shall apply only in those
provinces in which the respective provincial board shave provided for the salary of a probation officer...”.

WHO IS TEODULO C. NATVIDAD?

 He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily tasked with
the drafting of the adult probation law.

 Inter-Disciplinary Committee on Crime Prevention (IDCCP) was created to formulate a national crime
prevention program for the courtly

CRITERIA FOR PLACING AN OFFENDER ON PROBATION

Under Section 8 of PD No. 968, 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:

- The offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution, or

- There is undue risk that during the period of probation the offender will commit another crime,

- Probation will depreciate the seriousness of the offense committed.

- However, under Sec. 70 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, the
first-time minor offender who upon promulgation of the sentence, the court may, in its discretion, placed the
accused under probation, even if the sentence provided under Sec. 11 of the Act is higher than that provided
under Probation Law.
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PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVELEGE

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

PROBATION "IS NOT A "SENTENCE" but is rather in effect a suspension of the imposition of sentence. It is not
a final judgment but is rather an "interlocutory judgment" in the nature of a conditional order placing the convicted
defendant under the supervision of the court.

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

 An offender can be granted probation ONLY ONCE IN HIS LIFETIME.

 GRANTING OR DENYING PROBATION NOT BE APPEALABLE

 Under PD No. 1990, an order granting or denying probation shall not be appealable

WHO ARE QUALIFIED TO PROBATION?

 Any first time convicted offender, 18 years of age and above not otherwise disqualified under PD 968

 AS GENERAL RULE probation applies to all sentenced or convicted offenders - All first-time offenders
convicted of crimes punished by imprisonment of not more than 6 years (maximum of 6 years).

 Those offenders who has not been convicted and sentenced.

 Those that are found guilty in violation of the Omnibus Election Code of the Philippines.

 Those who are found guilty in violation of PD 1987 (an act creating the Video Gram Regulatory)

 Those that are found guilty in violation of RA 6727 otherwise known as the Wage Rationalization Act.

DISQUALIFIED OFFENDERS FOR PROBATION

 Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN SIX(⑥) YEARS.

Note: the six years’ maximum refers to the sentence actually imposed, and not that prescribed by law for the
offense committed.
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 Those who have previously been convicted by final judgment

PREVIOUS CONVICTION

 If one month – qualified for probation

 If one month and one day or more – disqualified for probation

 less than two hundred pesos – qualified for probation

 two hundred pesos or more – disqualified for probation

 Those convicted of subversion or any crime against the national security or public order;

 Those who have been ONCE on probation under the provisions of PD No. 968, as amended;

 Those who are already serving sentence at the time substantive provisions of the decree became applicable
pursuant to section 33 of PD 968

WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

The application for probation shall be filed by sentenced or convicted offender whose sentence is not more than 6
years’ imprisonment. It shall be filed with the court that tried and sentenced the offender.

WHERE: A petition for probation shall be filed by the applicant for probation or the petitioner with the courts that tried
and sentenced the offender at any time before the imprisonment starts.

WHEN: Any time before the offender starts serving his sentence but within period for perfecting an appeal or fifteen
(15) days from the promulgation or notice of the judgment of conviction.