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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.

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.
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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 States.

- 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
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.

- 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 24 July 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 3 January 1978

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AMENDATORY LAWS TO PD 968

- PD 1257-lt took effect on 01 December 1977; it amended the period within which
application for probation must be made.

- BP 76-1t took effect on 13June 1980; it amended the maximum penalty for
qualification for probation

- PD 1990-It took effect on 15 January 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)