Ca 2 Notes

NON-INSTITUTIONAL CORRECTION
Chapter I: Overview of Correction
In the criminology parlance, the word “correction” may be understood as the

fourth pillar of criminal justice system which is charged with reforming and
rehabilitating offenders. It is known by majority of the authors in the field of
criminology as the weakest pillar of criminal justice system because of its failure to
reform and rehabilitate offenders.
Hence, it was argued by the former governor of California by the name of Jerry Brown
that if jails do not reform and rehabilitate, what is their use?
The act of reforming offenders may be by means of institutions or by other means not
requiring institutions. The act of reforming offenders by means of institutions is
known as correctional institutions, while the act of reforming offenders by other
means outside institutions is known as non- institutional corrections. In the
criminology course, there are subjects known as institutional correction and non –
institutional correction to deal with said modes of reforming and rehabilitating
offenders. This was by virtue of Commission on Higher Education CHED
Memorandum Order No. 21 Series of 2005.
Take Note: Death penalty was once imposed in our country but it was further
abolished by virtue of RA No. 9346.
In the abolition of death penalty, Non – Institutional Correction was strengthened.

The main concentration of the non – institutional treatment includes probation,
parole, good conduct time allowance, reprieve, suspension of sentence, and the
like.
Chapter 2: History of Probation
1. What are the significant personalities, events, and places in relation to

probation in the international setting?
The significant personalities, events, and places in relation to
probation in the international setting are the following:
a. Laws of Babylon, Greece, and Rome;
These laws introduced the principle of the Eye for an Eye and the Tooth
For a Tooth. This is known as the principle of “Lex Talionis.” The exact Latin
translation of Lex Talionis to English, however, is "The law of retaliation." At
the root of this principle is that one of the purposes of the law is to provide
equitable retribution for an offended party so a person who has injured
another person receives the same injury in compensation. In other words, the
severity of the penalty of the offender depends upon the severity of the crime
that he committed. Lex Taliones is, however, based in the policy of
proportionately.
Hence, if 100 gold coins were stolen, the offender cannot be required to pay
200 gold coins.
These laws also vested balance of justice by introducing money
compensation to the victim. This was where fines and restitution came from.
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b. Early 19th century in England:

English Magistrates initiated experiments to determine the possibility of
reformation of some young and inexperienced offenders from the stigma of
prison.
Youthful offenders would be brought back for sentence if the condition of
release would be violated.
The need for supervision and assistance to those released was met by
assigning the youthful offender to the care and guardianship of his parents or
his employer with an occasional check on his progress by the police.
Take Note: ENGLAND – It is where probation was originated
c. Mathew Davenport Hill;

Mathew Davenport Hill is considered the father of probation in England.
It was in the early years of 1481 when he made observations in
Birmingham Court, he introduced the following beliefs in relation to offenders:
 Individuals are not fully corrupt;
 There is reasonable hope of reformation of offenders; and
 If adults were given the chance as guardians of young convicts, they
will be kind enough to take charge of the latter.
d. John Augustus;
John Augustus was considered as the “First Official Probation
Officer.” He was also known later as the “Father of Probation in the USA”
but others say that he is the “World’s Father of Probation.” This is because
of his pioneering efforts to campaign for more lenient sentences for
convicted criminals based on their backgrounds. Augustus' efforts are
credited with the establishment of the Pre – sentence Investigation.
Some also say that he is the “First Recognized Probation Officer in
the United States.”
John Augustus was born in 1785 at Burlington Massachusetts and
moved to Lexington Green where he became a boot maker. He became
prosperous and acquired large track of land which he conveyed to Lexington
Academy to erect a school. Later on, he became a trustee in that academy.
In 1827 he moved to Boston and set up a boot shop at Franklin Avenue
near the Courthouse. He began to visit courthouse due to his active
membership with the Washington Total Abstinence Society. This society was
formed in Boston in 1841 to promote temperance and to reclaim drunkards.
He was concerned that poor drunks and offenders of petty crimes were
receiving mandatory sentences that were not warranted by their backgrounds.
This was because during that time, courts had been giving out sentences
regardless of background of the defendant.
He felt that first time offenders could best be rehabilitated if spared the
crime hardening experience of a prison sentence.
In 1841, Augustus approached the Boston, Massachusetts police and
court and persuaded them to let a “common drunkard” be left in his care
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instead of going to prison. The conditions were that a fine needed to be paid
and the offender must return before the court in three weeks.
After three weeks of being in Augustus' care, in which Augustus found
him a job and made him sign a pledge to stop drinking, the offender and
Augustus returned to astonish the court. The offender was completely sober,
and his appearance and demeanor had drastically improved
Because of this, the court allowed Augustus to take more and more
offenders into his custody. Of course, he didn't try to take all the cases, he
would select prospective probationers based on age, character and the people
places and things apt to influence them to make his decision. His practice
assumed that most offenders are not dangerous and will respond well to
treatment.
In 1843 Augustus turned his attention toward helping children. He took
three children into his care, all accused of stealing. The children included two
girls ages eight and ten, and an eleven-year-old boy. Three years later this
number had grown to thirty children ranging nine to sixteen years old. The
process was such that the children's cases were continued for period of
several months as a term of probation. At the calling of the docket each
month, Augustus would appear to make his report and the cases would pass
on for 5–6 months. Then, at the end of the term he would appear with some of
the children, and as with his first success their appearance had drastically
improved from the time of their arraignment. With this and the paying of a ten
cent fine per person, the judge would declare that the object of the law was
accomplished, thanks to Augustus' plan to save and reform.
Augustus' success rate could rival and possibly surpass the success rate
of any rehabilitation program available to today. His work brought him the
devotion and aid of many Boston philanthropists and organizations.
Augustus' success started him on an 18 year run as the first probation
officer ever. At his death, it was noted that of the 2,000 people he helped only
four proved unworthy (for which he forfeited bail).
In 1878, Massachusetts authorized the Mayor of Boston to hire a
probation officer based upon the work of John Augustus. Two years later,
every city in Massachusetts was using a probation officer and by 1890, every
court in the state had one.
Take Note: It was also John Augustus who coined the word "probation" which he
derived from the Latin word "probare" which means "to prove or to test."
e. Gardner Tufts;
Gardner Tufts was a director of the Massachusetts Board of State

Charities. He reported the result of probation in cases of juvenile offenders to
the legislature so the latter authorized the city of Boston to appoint probation
officer for adult offenders.
f. Massachusetts;
It was in Massachusetts where the following happened:
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 The first practical probation was demonstrated; and
 The first use of the term probation as a court service and the first law
on probation was enacted.
Take Note: It became the First State to enact a probation law on April 21,1878 under
the administration of Governor Alexander H. Rice. Said governor appointed and
prescribed duties for paid probation officers. This probation was only applied to
Minors
a. Vermont;
Vermont was the second State to enact a general probation law. Said
law was known as The Vermont Act of 1898. Vermont was the first to adopt
a COUNTY (not country) PLAN, where each county court was required to
appoint a probation officer whose duty was to investigate the accused at the
request of any court. He was authorized to recommend that such persons, if
convicted be placed on probation. Probation was granted only after the
suspension of execution of sentence.
b. Rhode Island;
The Rhode Island was the third State to have a general type of probation
law and it was known as The Act of 1899. The Act of 1899 empowered the
Board of State Charities and corrections to appoint a State probation officer
and additional probation officers; one of whom shall be a woman. Probation
was granted before the imposition of sentence and even without conviction. It
was the first State to adopt the designation “COUNSELLOR” rather than
“OFFICER”.
c. Minnesota and Illinois;

In 1899, the State of Minnesota and Illinois enacted laws giving
probation to juvenile delinquents only.
d. New Jersey;
New Jersy was the fourth State to pass a general probation law in 1900.
e. New York;
New York enacted its probation law, making it fifth to have a general
probation law.
f. California;
California was the six States to establish its general probation law in
1903.
Take Note: Two other States which followed were Connecticut and Michigan.
g. Edward Savage;
Edward Savage was a Boston police captain who became America's first
paid probation officer in 1878.
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2. What are the significant personalities, events, and places in relation to
probation in the Philippine setting?
The significant personalities, events, and places in relation to probation
in the Philippine setting are the following:
a. Act 4221;
Probation was first introduced in the Philippines during
the American colonial period (1898–1945) with the enactment of Act No. 4221
of the Philippine Legislature on August 7, 1935.
This law created a Probation Office under the Department of Justice and
provided probation for first time offenders who were 18 years of age and above
who were convicted of certain crimes.
Unfortunately, there were defects in the law’s procedural framework so
that, on November 16, 1937, the Supreme Court declared it unconstitutional
in the case of People of the Philippines vs. Judge Jose Vera on the grounds
of “undue delegation of legislative power” and violation of the “equal protection
of the law”.
b. PD 968;
When Act 4221 was declared unconstitutional on November 16, 1937, a
second attempt was made when then Congressmen Teodulo C. Natividad and
Ramon D. Bagatsing introduced House Bill No. 393 during their last months in
Congress. This bill avoided the objectionable features of Act 4221 that struck
down the 1935 law as unconstitutional. This was passed in the Lower House
and was pending in the Senate when Martial Law was proclaimed in 1972.
Thus, the law was born on July 24, 1976.It was during the closing
ceremonies of the First National Conference on a Strategy to Reduce Crime held
at Camp Aguinaldo, Quezon City, that President Ferdinand E. Marcos signed
Presidential Decree (P.D.) No.968, otherwise known as the Adult Probation Law
of 1976, in the presence of nearly 800 representatives of the country’s criminal
justice system.
The probation system started to operate on January 3, 1978. As more
probation officers were recruited and trained, more field offices were opened.
There are at present 204 field offices spread all over the country, supervised by
15 regional offices.
Take Note: Teudulo Natividad is well – known because he was a former
Congressman of 1st District Bulacan, a former Napolcom Chairman, author of drugs
act of 1972 and Disability Act, and founder of probation in the Philippines.
3. What are the forerunners of probation?

The forerunners of probation originally came from England, and they were
introduced in the United States when the latter was under the colony of the former.
They are the following:
a. Benefits of clergy:
The earliest device for softening the brutal severity of punishment was
the benefits of clergy. Henry II in 13th century compromised the church and the
State. The members of the clergy who were brought before the kings court
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maybe claimed under the jurisdiction of the Bishop or Chaplain requesting him
on the ground that he is subject to the ecclesiastical court only. The benefit
resulting for the compromise is that jurisdiction is maintained with the Kings
court but in sentencing, greater leniency was done resulting for offenders to
escape death penalty. Kings may not present evidence and if the offender is
found guilty, his penalty may be degraded or he may be put to penance.
b. Judicial reprieve;
Judicial reprieve was a temporary withholding of sentence used by early
English judges. It is the withdrawing of a sentence for the period of time
whereby execution is suspended either before or after judgment as where the
judge is:
 Not satisfied with verdict;
 The evidence is suspicious;
 The indictment is insufficient;
 There is a doubt whether the offense is within clergy;
 The felony is light; and
 There are favorable circumstances appearing in the offender’s criminal
character.
During the reprieve, the accused can apply to King for absolute or
conditional pardon.
c. Recognizance;
Recognizance is considered as the direct ancestor of Probation. It
originated from complying an obligation by making a promise to comply with a
court order even if the offender is not yet convicted but likely to be convicted. It
included the promise to keep peace and be of good behavior.
d. Transportation
Principal method of disposing offenders to other countries for the
following purpose:
 To supplying new colonies with cheap labors;
 To substitute brutal punishment at the homeland and to give offenders
opportunity to be rehabilitated in a new country; and
 To decongest the mainland.
Chapter III: PD 968

The Law Establishing a Probation System,
Appropriating Funds therefore and
for other purposes.
“Adult Probation Law of 1976”
1. What are the purposes of probation?
The purposes of probation are the following:
a. To promote the correction and rehabilitation of an offender by providing him
with individualized treatment;
b. To 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. To prevent the commission of offenses. (Sec 2 of PD 968)
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2. What is the process to be observed in applying for probation until its
termination?
A person who applies and is granted with probation shall undergo the
following:
a. Application for probation;
An application for probation shall be filed with the trial court by a sentenced or
convicted person within the period of perfecting an appeal which is within fifteen (15)
days from receipt of a copy of judgment of conviction.
The fifteen – day period is due to the provision of the Probation Rules that the
applicant shall file his application with the Trial Court at any time after conviction and
sentence but within the period for perfecting his appeal as provided by the Rules of
Court. (Sec 7 of Probation Rules)
Take Note: The right to file an appeal and the right to apply for probation are
exercised in the alternative. If a convict appeals, he can no longer apply for probation.
If he applies for probation, he can no longer appeal.
It must be stressed further that if the person sentenced is a child, the court may place
the child on probation at any time in lieu of service of his/her sentence taking into
account his best interest. (Sec 42 of RA 9344) In other words, if a sentenced person is
a child, he may apply for probation anytime.
What is the form for applying for probation?

The application for probation shall be in the form approved by the Secretary of
Justice as recommended by the Administrator or as may be prescribed by the
Supreme Court. Official application form or Xerox copy of the same may be obtained
or secured from any City or Provincial Parole and Probation Office for free. (Sec 8 of
Probation Rules)
What if a convict neither appealed nor applied for probation?

If a convict did not appeal and did not also apply for probation, he is going to
serve the sentence imposed by the court. After the lapse of the 15 – day period to
appeal, judgment of conviction becomes final.
Are all convicts qualified to apply for probation?

No, not all convicts may apply for probation.
There are some persons who are disqualified to apply for probation, and they are as
follows:
 Those sentenced to serve a maximum term of imprisonment of more than six years;
Take Note: The number one above state that persons sentenced to serve a maximum
term of more than 6 years imprisonment are disqualified to apply for probation. If the
maximum term imposed to a person is 6 years and 1 day is he disqualified to apply for
probation?
Yes, he is disqualified
 Those convicted of any offense against the security of the State;
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What are examples of crimes against national security or public order as stated above?
Some examples of crimes against national security or public order as stated above are
the following:
•Rebellion or insurrection; (Art 134 of the RPC)
•Coup d’état; (Art 134 – A of the RPC)
•Disloyalty of public officers or employees; (Art 137 of the RPC)
•Sedition; (Art 139 of the RPC)
•Violation of parliamentary immunity; (Art 145 of the RPC)
•Illegal assembly; and (Art 146 of the RPC)
•Direct assault. (Art 148 of the RPC)
 Those who have been previously 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 (PD 968)
Take Note: This provision was already amended by RA 10707, wherein it states that
those who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00) are disqualified for probation;
 Those who have been once on probation under the provisions of PD 968; and
 Those who are already serving sentence at the time the PD 968 was enacted.
Take Note: – Any person convicted for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot avail of the privilege granted by
the Probation Law or Presidential Decree No. 968, (Sec 24 0f RA 9165).
Take Note: Probation is a privilege granted by the court; it cannot be availed of as a

matter of right by a person convicted of a crime. To be able to enjoy the benefits of
probation, it must first be shown that an applicant has no disqualifications imposed
by law.
Aside from the convicts disqualified to apply for probation, what are the other
criteria that must be taken into consideration in either granting or denying
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:
 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; or
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 Probation will depreciate the seriousness of the offense committed. (Sec
8 of Probation Rules)
Take Note: The term “depreciate” as used above means degrade.
An example of this is if in the crime of rape, several mitigating

circumstances attended its commission so the maximum penalty imposed is
only 5 years imprisonment. In such case, probation may be denied to an
offender even if the maximum penalty is below 6 years imprisonment because
the grant of probation may depreciate the seriousness of the offense
committed.
What are the Effects of Filing an application for probation and receipt of the
application by the court?
 The Trial Court may, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgment; and
 Pending the submission of the Post Sentence Investigation Report (PSIR) and
the resolution on the application, the applicant may be allowed on temporary
liberty under his bail filed in the criminal case. In case where no bail was filed
or the applicant is incapable of filing one, the trial court may allow the release
of the applicant on recognizance to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the
trial court. (Sec 13 of Probation Rules).
b. Notice to the Prosecuting Officers of the Filing of the Application and

comment of the Prosecuting officer;
The Trial Court may notify the concerned Prosecuting Officer of the filing of the
application at a reasonable time it deems necessary, before the scheduled hearing
thereof. (Sec 9 of Probation Rules)
The Prosecuting Officer may submit his comment(s), if any, on the application
within a reasonable time given to him by the Trial Court from his receipt of the notice
to comment. (Sec 10 of Probation Rules)
Take Note: Under PD 1257 the prosecutor are now given the authority to give their
comments in the application of the petitioner for the probation within 10 Days.
c. Order of the court to conduct Post Sentence Investigation (PSI);

If the Trial Court finds that the application is in due form and the applicant
appears to be qualified for the grant of probation, it shall order the City or Provincial
Parole and Probation Office within its jurisdiction to conduct a Post-Sentence
Investigation (PSI) to determine that the ends of justice and the best interest of the
public as well as the defendant will be served in granting or denying probation. (Sec 11
of Probation Rules)
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After receipt from the Trial Court, the City or Provincial Parole and Probation
Office concerned, through the CPPO shall assign the same to the office clerk for
docketing and eventual assignment to a subordinate investigating Probation Officer for
the conduct of the PSI or conduct such investigation himself. (Sec 14 of Probation
Rules)
Within five (5) working days from receipt of said delegated assignment (or self-
assignment), the investigating Probation Officer on case (or Chief Probation and Parole
Officer) shall initially interview the applicant if he appeared in the Probation Office
upon response to the seventy-two (72) hours limitation given to him by the Trial Court.
If not, the Probation Officer on case may write the applicant in his court given address,
or personally visit applicant's place to schedule an initial interview at the Probation
Office.
During such initial interview, the Probation Officer on case or CPPO shall
require the applicant to accomplish and sign a Post-Sentence Investigation Work
Sheet. The investigating Probation Officer on case or CPPO shall conduct further
investigation based on the information contained therein. The applicant shall also
execute and sign a Waiver – Cum – Authorization.
What is the use of a Waiver – Cum – Authorization?

A Waiver – Cum – Authorization is a waiver authorizing the PPA and/or the
Probation Office to secure any and all information on the applicant. (Sec 15 of
Probation Rules)
After accomplishing the Post-Sentence Investigation Work Sheet and the
Waiver-Cum-Authorization, the same shall be immediately submitted to the Probation
Office. The investigating Probation Officer on case or CPPO shall conduct a thorough
investigation on the antecedents, mental and physical condition, character, socio-
economic status, and criminal records, if any, of the applicant and the institutional
and community resources available for his rehabilitation.
In case applicant has a criminal record(s), such should be verified with the
proper government agency(ies) as to its disposition/resolution which has/have to be
properly reflected in the PSIR.
For the sake of obtaining additional information or clarify conflicting data, the
investigating Probation Officers on case may conduct further investigation and
interview to avoid discrepancies of facts/information.
The investigating Probation Officer on case or CPPO shall assess and
recommend or prescribe the suitable probation treatment and supervision program
upon the applicant, if granted probation. (Sec 16 of Probation Rules)
How shall collateral information and subsequent or further interviews be

obtained?
During the conduct of the PSI, collateral information must be gathered from
those persons who have direct personal knowledge of the applicant, offended party,
family member, and/or their relatives, including barangay officials and disinterested
persons. (Sec 17 of Probation Rules)
To obtain additional data, counter check, or clarify discrepancy/ies between the
information received from the applicant and those secured from other sources, the
Investigating Probation Officer on case or CPPO may conduct subsequent or further
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interviews on the applicant and/or other persons as deemed appropriate. (Sec 18 of
Probation Rules)
During the interview and information-gathering processes, is there a need for the
applicant to be represented and assisted by counsel?
During the interview and information-gathering processes, there is no need for
the applicant to be represented and assisted by counsel because the investigation by
the probation officer is neither prosecutory nor accusatory in character. (Sec 19 of
Probation Rules)
d. Submission of Post Sentence Investigation Report (PSIR);

The probation officer shall submit to the court his Post Sentence Investigation
Report (IR) for not later than 60 days from the receipt of the order of said court to
conduct investigation. (Sec 11 of Probation Rules)
The investigation report to be submitted by the probation officer shall be in the
form prescribed by the Probation Administrator and approved by the Secretary of
Justice. (Sec 6 of PD 968)
e. Resolution of the court;

The court shall resolve the petition for probation not later than fifteen (15) days
after receipt of said report.
Take Note: Pending submission of the Investigation Report (IR) and the resolution of
the petition, the defendant may be allowed on temporary liberty under his bail filed in
the criminal case. However, 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
under the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court.
Take Note: The one issued by the court in either granting or denying probation is
called resolution, not judgment.
Is the court bound by the findings of the Probation Officer ?

No, the court is not bound by the findings of the Probation Officer but they will
be taken into consideration. In other words, said findings are only considered as
recommendations to the court. The court has still the final say whether probation
shall be granted or denied.
f. 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.
g. Appearance to Probation Officer;

If probation is granted the Trial Court may direct the applicant to report to the
proper Probation Office within seventy-two (72) hours from his receipt of such order.
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It is a mandatory condition of probation for the probationer to present himself
to the probation officer designated to undertake his supervision at such place as may
be specified in the Probation Order within the said seventy-two (72) hours from receipt
of said order. (Sec. 10 of PD 968 & Sec 12 of Probation Rules)
When a probationer appears for initial supervision, what shall happen next?
Upon the probationer's appearance for his initial supervision, the Supervising
Probation Officer on case, or CPPO himself shall:
 Give instructions to the client using PPA Form 4 in order to reinforce
probationer’s awareness of the probation conditions specified in the Probation
Order in a language or dialect understood by him;
 Formulate with the client, the supervision treatment plan; and
 Carry out other elated activities
Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order on a
particular probationer the Probation Office through the CPPO shall immediately assign
the probation supervision case to his subordinate Probation Officer.
What if the probationer failed to present himself to the probation officer with
the seventy – two (72) hour period?
If the probationer failed to present himself to the probation officer within the
seventy – two (72) hour period after the Probation Order has been released by the Trial
Court, or his whereabouts are unknown, the Probation Officer shall exert his best
efforts to find said probationer and conduct such field inquiry as is necessary within a
reasonable period of time, before considering the fact that the subject has absconded
amounting to a violation of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form 8) to the Trial Court. (Sec 40 of Probation
Rules & Sec. 21 of Probation Rules)
What is the effect of being absconding applicant or probationer?

A probationer who has not reported for initial supervision within the prescribed
period and/or whose whereabouts could not be found, located or determined despite
best diligent efforts within reasonable period of time shall be declared by the proper
Office as an absconding probationer.
Thereafter said Office shall file with the proper court a Violation Report (PPA
Form 8), containing its findings and recommendation, duly prepared and signed by
the Supervising Parole and Probation Officer and duly noted by the Chief Parole and
Probation Officer. (Sec. 43 of Probation Rules)
When shall the supervision service of the probation officer shall commence?
The supervision service of the probation officer shall commence on the day of
initial interview or reporting of a probationer. Such fact and date shall be duly noted
in the case notes of the client. (Sec 39 of Probation Rules)
h. Control and Supervision of Probationer; and

What are the primary purposes of probation supervision?
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 To ensure the probationer's compliance with the probation conditions specified
in the Probation Order and the prescribed probation treatment and supervision
program/plan;
 To manage the process of the probationer's rehabilitation and re-integration into
the community; and
 To provide guidance for the probationer's transformation and development into a
useful citizen for his eventual reintegration to the mainstream of society. (Sec 38
of Probation Rules)
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.
What are the two main functions of a Probation Officer?

` The two main functions of a Probation Officer are the following:
 To conduct Post-Sentence Investigation (PSI) to determine that the ends of justice
and the best interest of the public as well as the defendant will be served in
granting or denying probation.
 To supervise the convict if he is granted probation. (Classroom discussion of
Marcos, 1999)
Take Note: 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 13 of Probation Rules)
i. 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 suspended 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. (Other source: Secs 3 – 16 of PD 968)
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Take Note: Under RA 10707, It states that the final discharge of the probationer shall
operate to restore to him all civil rights lost or suspended as a result of his conviction
and to totally extinguish his criminal liability as to the offense for which probation was
granted.
3. Presidential Decree 968 provides that the defendant is released subject to

conditions imposed by the court. What are these conditions?
The conditions of probation are divided into two (2) and they are the
following:
a. Mandatory conditions; and
A Probation Order issued by the court shall contain conditions
requiring that the probationer shall:
 Present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the Probation Order
within seventy-two (72) hours from receipt of said order; and
 Report to the probation officer at least once a month at such time and
place as specified by said officer.
b. Discretionary conditions.
The court may also require the probationer to:
 Cooperate with a program of supervision;
 Meet his family responsibilities;
 Devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer;
 Undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
 Pursue a prescribed secular study or vocational training;
 Attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
 Refrain from visiting houses of ill-repute;
 Abstain from drinking intoxicating beverages to excess;
 Permit to probation officer or an authorized social worker to visit his
home and place or work;
 Reside at premises approved by it and not to change his residence
without its prior written approval; or
 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.
4. What are the other matters that must be considered in probation?

The following are other matters that must be considered in probation:
a. Probation is a matter of privilege, not right;
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Probation is a matter of privilege because only selected persons may avail
of it. If probation is denied by the court after considering all information
relative to his characteristics, antecedents, environment, mental and physical
condition, he cannot appeal the resolution of the court. Said resolution cannot
be appealed because it is only an interlocutory order. (Classroom discussion
of Marcos, 1999)
b. Effectivity and Period of Probation;
Effectivity of Probation:
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. (Sec. 11 of Probation
Rules)
Period of probation:
The following rules shall be considered in determining the period of
probation:
 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 39 of the Revised Penal Code. (Sec 14 of PD 968)
c. Confidentiality of Records;
The Investigation Report (IR) and the supervision history of a probationer
obtained under PD 968 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 make such disclosure desirable
or helpful. 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 17 of PD
968)
The investigating Probation and Parole Officer on case or CPPO shall

inform the applicant of the confidential nature of the information taken during
the PSI and the limited scope and extent, whereby said information, may be
disclosed only to some statutorily designated authorities and entities
pursuant to Section 17 of PD 968, as amended, and Section 64 of the
Probation Rules. (Sec 20 of Probation Rules)
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What is the penalty for violating the confidential nature of probation records?
The penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from hundred to six thousand pesos shall be
imposed upon any person who violates the confidential nature of probation
records.
d. Arrest of Probationer and 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 sentence originally imposed. (Sec 15 of PD 968)
An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable. (Sec 15 of Probation Rules)
Why is it that an order revoking the grant of probation or modifying the terms
and conditions thereof shall not be appealable?
The grant or denial of probation is not appealable because it is only an
interlocutory order. An interlocutory order is one which does not finally
determine a cause of action but only decides some intervening matter
pertaining to the cause. (Black, 1990)
The remedy against a grant or denial of an interlocutory order is motion
for reconsideration or petition for review on certiorari, but not appeal.
(Agranzamendez, 2008)
e. Modification of Condition of Probation;

During the period of probation, the court may motu proprio or, upon
application of either the probationer, his lawyer or the probation officer, revise
or modify the conditions or period of probation. The court shall notify either
the probationer or the probation officer of the filing such an application so as
to give both parties an opportunity to be heard thereon. The court shall inform
in writing the probation officer and the probationer of any change in the
period or conditions of probation. (Secs 12 & 44 of Probation Rules)
The modified or revised Probation Order shall become effective and final
upon its promulgation and receipt thereof by the probationer, unless specified
otherwise by said order. (Sec 45 of Probation Rules)
f. Outside Travel;
When a probationer travels outside his area of operational/territorial
jurisdiction for a certain period, the following rules shall be observed:
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 A Probation Officer may authorize a probationer to travel outside his
area of operational/territorial jurisdiction for a period of more than ten
(10) days but not exceeding thirty (30) days;
 A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at
least five (5) days before the intended travel schedule a Request for
Outside Travel (PPA Form 7) with said Office properly recommended by
the Supervising Probation Officer on case and approved by the CPPO;
 If the requested outside travel is for more than thirty (30) days, said
request shall be recommended by the CPPO and submitted to the Trial
Court for approval; and
 Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy
supervision. (Sec 41 of Probation Rules)
g. Transfer of Supervision;
When a probationer travels outside his area of operational/territorial
jurisdiction for a certain period, the following rules shall be observed:
 A Probationer may file a Request for Change of Residence (PPA Form
24) with the City or Provincial Parole and Probation Office, citing the
reason(s) therefore this request shall be submitted by the Supervising
Probation Office for the approval of the Trial Court;
 In the event of such approval, the supervision and control over the
probationer shall be transferred to the concerned Executive Judge of
the RTC, having jurisdiction and control over said probationer, and
under the supervision of the City or Provincial Parole and Probation
Office in the place to which he transferred;
 Thereafter, the Executive Judge of the RTC to whom jurisdiction over
the probationer is transferred shall have the jurisdiction and control
with respect to him which was previously possessed by the Court which
granted probation; and
 The receiving City or Provincial and Parole and Probation Office and the
receiving court shall be duly furnished each with copies of the pertinent
Probation Order, PSIR (PPA Form 3), and other investigation and
supervision records by the sending Probation Office for purposes and in
aid of continuing effective probation supervision treatment over said
probationer. (Sec 42 of Probation Rules)
h. Violations of Probation Condition;

What is the procedure to be followed in dealing with violations of
probation condition?
The procedure to be followed in dealing with violations of probation
condition are the following:
 A probationer's specific act and/or omission(s) constitutive of a
violation of probation condition(s) set forth in the original, modified or
revised Probation Order shall be reported to the Trial Court, taking into
17 | P a g e
account the totality of the facts and surrounding circumstances and all
possible areas of consideration;
 Based on reasonable cause reported by a reliable informant or on his
own findings, the SPPO, SrPPO, PPOII, PPOI concerned or the CPPO
himself shall conduct or require the Supervising Probation Officer on
case to immediately conduct a fact-finding investigation on any alleged
or reported violation of probation condition(s) to determine the veracity
and truthfulness of the allegation;
 After the completion of the fact-finding investigation, the Supervising
Probation Officer on case shall prepare a violation report thereon
containing his findings and recommendations and submit the same to
the CPPO for review and approval.
In some cases, a probationer who has not reported for
initial supervision within the seventy-two (72) hours from his receipt of
the Probation Order or within the prescribed period ordered by the Trial
Court or whose whereabouts could not be ascertained notwithstanding
best efforts exerted within a reasonable period of time by the City and
Provincial Parole and Probation Office shall be immediately reported to
the Trial court for appropriate action;
 Thereafter, said Parole and Probation Office shall file with the trial
court a Violation Report (PPA Form8), containing its findings and
recommendation, duly prepared and signed by the SPPO, SrPPO, PPOII,
PPOI concerned and duly noted by the CPPO for the court's resolution
 After having duly considered the nature and gravity of such reported
violation based on the submitted Violation Report, the Trial Court may
issue a warrant for the arrest of the probationer for serious violation of
his probation condition.
 Once arrested and detained, the probationer shall immediately be
brought before the Trial Court for a hearing of the violation charged. In
the hearing which shall be summary in nature, the probationer shall
have the right to be informed of the violation charged and to adduce
evidence in his favor. The court shall not be bound by the technical
rules of evidence, but may inform itself of all the facts which are
material and relevant to ascertain the veracity of the charge. The
probationer may be admitted to bail pending such hearing. In such
case, the provisions regarding release on bail of persons charged with
the crime or offense shall be applicable to probationers arrested under
this provision;
 After a serious violation of a probation condition has been established
in the hearing, the Trial Court may order the continuance of the
probationer's probation or modification of his probation conditions or
revoke his probation whichever is proper and just under in judicial
discretion.
 If the probation period has been revoked, the Trial Court shall order the
probationer to serve the sentence originally imposed in the judgment of
his case for which he applied for probation.
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Take Note of the following:
 In the hearing or proceeding for violation of probation conditions, the
probationer shall have the right to counsel of his own choice;
 For the Prosecution of serious violation of probation condition(s),
during said hearing or proceeding, the State shall be represented by the
proper prosecuting officer; and
 A court order modifying the probation conditions as in Sec. 44 of these
Rules or revoking probationer's probation shall not be appealable.
However, it may be correctable by certiorari under the Rules of Court.
How shall the Violation report be prepared and what are its contents?
The Violation Report shall be prepared and signed by the SPPO, SrPPO,
PPOII or PPOI concerned and approved and signed by the CPPO.
The Violation Report shall include, among others, the following:
 Accurate and complete statement of the facts and surrounding
circumstances, including but not limited to the:
Nature, character and designation of the violation;
 Specific acts and/or omissions constitutive of the violation;
 Place, date and time of commission or omission;
 Statements or affidavits of apprehending officers and offended parties;
and
 Other related data and information.
On the other hand, the Probationer's response, explanation and
clarification duly sworn to before a notary public and other supporting
testimonial, documentary and object evidence; findings, assessment and
recommendation of the Probation Office. (Sec 46 – 54 of Probation Rules)
5. What is probation administration?

The Parole and Probation Administration (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 programs.
When Act No. 4221 (Probation Law) of the Philippine Legislature on August 7,
1935, the “Probation Office” under the Department of Justice was created. On
November 16, 1937, this law was declared unconstitutional by the Supreme Court
because of some defects in the law's procedural framework.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation
Law of 1976, was signed into Law by the President Ferdinand Marcos of the
Philippines and it created the “Probation Administration” to administer the probation
system.
What is the main purpose of Probation Administration?

The Probation Administration herein shall exercise general supervision
over all probationers.
It shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions. (Sec 18 of Probation Rules)
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Under Executive Order No. 292, “The Administrative Code of 1987” which was
promulgated on November 23, 1989, the Probation Administration was renamed
“Parole and Probation Administration” and given the added function of supervising
prisoners who, after serving part of their sentence in jails are released on parole
pardon with parole conditions.
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the
Dangerous Drugs Board, the Administration performs another additional function of
investigating and supervising first-time minor drug offenders who are placed on
suspended pursuant to Republic Act No. 9165.
[edit]Vision
A model component of the Philippine Correctional System that shall enhance
the quality of life of its clients through multi-disciplinary programs and resources, an
efficient organization and a highly professional and committed workforce in order to
promote social justice and development.
REPUBLIC ACT No. 10707
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATION LAW
OF 1976”, AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to read as
follows:
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best. No application for
probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was rendered, or in the trial court where such case has since
been re-raffled. In a case involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching thereto a certified true
copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in
the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified
decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of
20 | P a g e
the application shall be deemed a waiver of the right to appeal.1âwphi1
“An order granting or denying probation shall not be appealable.”
SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by imprisonment of more
than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.”
SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:
“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 suspended as a
result of his conviction and to totally extinguish his criminal liability 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.”
SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:
“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator
may appoint citizens of good repute and probity, who have the willingness, aptitude, and
capability to act as VPAs.
“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be
21 | P a g e
further prescribed under the implementing rules and regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation Administrator,
the latter shall encourage and support the former to organize themselves in the national, regional,
provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer
program.”
What are the different definition of terms in discussing probation?

The different definition of terms in discussing probation include the following:
a. Absconding Applicant is a petitioner who failed to present himself to the
probation officer with the seventy – two (72) hour period required by the
court as a mandatory condition of probation. (Sec 21 of Probation
Rules)
b. Absconding Probationer is a probationer who has not reported for initial
supervision within the prescribed period and/or whose whereabouts
could not be found, located or determined despite best diligent efforts
within reasonable period of time. Before a probationer be considered
absconding probationer, he shall first be declared as such by the
Parole and Probation Administration. (Sec 43 of Probation Rules)
c. Amicus Curiae literally means friend of the court. He is a person with
strong interest in or views in a subject matter of an action, but not a
party to the action. (Black, 1990)
Under the Probation Rules, upon written invitation by the Trial
Court, the Administrator and/or Deputy Administrator, for the Agency
Level, Regional Director, for the Regional Level, Chief Probation and
Parole Officers for the City or Provincial Level may appear as amicus
curiae on any probation investigation and supervision issue, concern or
matter. (Sec 5 of Probation Rules)
d. Executive Order 292 is the Administrative Code of 1987.
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e. Interlocutory order is one which does not finally determine a cause of
action but only decides some intervening matter pertaining to the
cause. (Black, 1990)
f. Motu proprio means at its own instance.
g. Parole and Probation Administration (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 programs.
It has a Filipino term of “Pangasiwaan ng Parol at Probasyon.”
h. Petitioner is a convicted defendant who files an application for
probation;
i. Post – sentence investigation is that done by the probation officer for
the court to determine that the ends of justice and the best interest of
the public as well as that of the defendant will be served thereby in
granting or denying probation. (Sec. 5 of PD 968)
j. Post – sentence investigation report is that to be submitted by the
probation officer to the judge after conducting post sentence
investigation and it is containing his recommendation whether
probation may be granted or not. It shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.
(Sec. 5 of PD 968)
k. Presidential Decree (PD) 968 is “The Law Establishing a Probation
System, Appropriating Funds therefore and for other purposes. It is
also known as the “Probation Law of 1976”
l. 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. (Sec. 3 [a] of PD 968)
It was John Augustus who coined the word "probation"
which he derived from the Latin word "probare" which means "to prove
or to test." (http://en.wikipedia.org/wiki/John_Augustus)
m. Probationer means a person placed on probation. (Sec. 3 [b] of PD 968)
n. Probation Office refers either to the Provincial or City Probation Office
directed to conduct investigation or supervision referrals as the case
may be.
o. Probation Officer means one who investigates for the court a referral for
probation or supervises a probationer or both. (Sec. 3 [c] of PD 968)
Probation Officers may include public officers 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.
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p. Probation Order is an order of the trial court granting probation.
q. Restorative Justice is a philosophy and a process whereby stakeholders
in a specific offense resolve collectively how to deal with the aftermath
of the offense and its implications for the future. It is a victim –
centered response to crime that provides opportunity for those directly
affected by the crime – the victim, the offender, their families and the
community – to be directly involved in responding to the harm caused
by the crime. Its ultimate objective is to restore the broken
relationships among stakeholders.
The Restorative Justice process provides a healing opportunity for
affected parties to facilitate the recovery of the concerned parties and
allow them to move on with their lives.
r. Volunteer Probation Aide Program is a strategy by which the Parole and
Probation Administration may be able to generate maximum citizen
participation or community involvement. Citizens of good standing in
the community may volunteer to assist the probation and parole
officers in the supervision of a number of probationers, parolees and
conditional pardonees in their respective communities. Since they
reside in the same community as the client, they are able to usher the
reformation and rehabilitation of the clients hands – on.
In collaboration with the PPO, the VPA helps pave the way for the
offender, victim and community to each heal from the harm resulting
from the crime done. They can initiate a circle of support for clients and
victims to prevent further crimes, thereby be participants in nation-
building
s. Therapeutic Community is a self-help social learning treatment model
used in the rehabilitation of drug offenders and other clients with
behavioral problems. It is an environment that helps people while
helping themselves. It operates in a similar fashion to a functional
family with a hierarchical structure of older and younger members.
Each member has a defined role and responsibilities for sustaining the
proper functioning of the Therapeutic community. There are sets of
rules and community norms that members commit to live by and
uphold upon entry. The primary “therapist” and teacher is the
community itself, consisting of peers, staff/probation and parole
officers and even Volunteer Probation Aides (VPA), who, as role models
of successful personal change, serve as guides in the recovery process.
t. Trial Court refers to the Regional Trial Court (RTC) of the Province or
City/Municipal Court which has jurisdiction over the case. (Other
Source: Sec 4 of Probation Rules)
u. Waiver – Cum – Authorization is a waiver authorizing the PPA and/or
the Probation Office to secure any and all information on the applicant.
It shall be duly executed and signed by him. (Sec 14 [b] of Probation
Rules)
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6. What are the different acronyms that may be used in discussing Probation?
The different acronyms that may be used in discussing Probation include the
following:
a. Chief Probation and Parole Officer(CPPO);
b. Executive Order (E.O.)
c. Full Blown Courtesy Investigation (FBCI);
d. General Courtesy Investigation (GCI)
e. Parole and Probation Administration (PPA);
f. Parole and Probation Officer I (PPOI);
g. Parole and Probation Officer II (PPOII);
h. Partial Courtesy Investigation (PCI);
i. Post-Sentence Investigation (PSI);
j. Post-Sentence Investigation Report (PSIR);
k. Presidential Decree (PD);
l. Regional Director (RD);
m. Regional Trial Court (RTC);
n. Release on Recognizance (ROR);
o. Senior Probation and Parole Officer (SrPPO);
p. Standard Operating Procedures (SOPs);
q. Special Probation Fund(SPF);
r. Supervising Probation and Parole Officer (SPPO);
s. Therapeutic Community (TC);
t. Volunteer Probation Aide (VPA)
7. What are the different Forms that may be accomplished in furtherance of

probation?
The different Forms that may be accomplished in furtherance of probation
include the following:
Form: Title:
1. PPA Form 1 Post-Sentence Investigation
Work Sheet
2. PPA Form 2 Waiver-Cum-Authorization
3. PPA Form 3 Post – Sentence Investigation
Report
4. PPA Form 4 Instruction to Probationer
5. PPA Form 5 Monthly Caseload Summary
Reports
6. PPA Form 7 Request for Outside Travel
7. PPA Form 8 Violation Report
8. PPA Form 9 Probation Officer’s Final
Report
9. PPA Form 24 Request for Change of
Residence
8. What are the different periods involved under Presidential Decree 968?
The different periods involved in discussing probation include the following:
25 | P a g e
b. Within fifteen (15) days;
 Within fifteen (15) days, the accused is given the right to either appeal the
judgment of conviction or to apply for probation. (Sec. 7 of Probation Rules)
 The application for probation shall be resolved by the Trial Court within
fifteen (15) days from the date of its receipt of the Post – Sentence
Investigation Report. (Sec. 31 of Probation Rules)
c. More than six (6) years;
Offenders who are sentenced to serve a maximum term of imprisonment
of more than six (6) years are disqualified to apply for probation. (Sec. 9 [a] of PD
968)
d. Reasonable time;
 The Trial Court may notify the concerned Prosecuting Officer of the filing of
the application at a reasonable time it deems necessary, before the
scheduled hearing thereof. (Sec 9 of Probation Rules)
 The Prosecuting Officer may submit his comment(s), if any, on the
application within a reasonable time given to him by the Trial Court from his
receipt of the notice to comment. (Sec 10 of Probation Rules)
 In the event that the probationer does not report for initial supervision
within the prescribed period after the Probation Order has been released by
the Trial Court, or his whereabouts are unknown, the Probation Officer shall
exert his best efforts to find said probationer and conduct such field inquiry
as is necessary within a reasonable period of time, before considering the
fact that the subject has absconded amounting to a violation of a probation
condition, requiring the preparation and submission of a Violation Report to
the Trial Court. (Sec 40 [b] of Probation Rules)
e. Not later that sixty (60) days;
If the Trial Court finds that the application is in due form and the
applicant appears to be qualified for the grant of probation, it shall order the City
or Provincial Parole and Probation Office within its jurisdiction to conduct a Post-
Sentence Investigation on the applicant.
The probation officer shall submit to the court the investigation report on
a defendant not later than sixty (60) days from receipt of the order of said court to
conduct the investigation. (Sec. 7 of PD 968 & Sec 11 of Probation Rules)
f. Within seventy-two (72) hours;
The probationer shall present himself to the probation officer designated
to undertake his supervision at such place as may be specified in the probation
order within seventy-two (72) hours from receipt of said order. (Par 1, Sec. 10 [a] of
PD 968)
g. Upon issuance;
A probation order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequence thereat and explain that upon
his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense under which he was placed on probation. (Sec 33 of
Probation Rules)
h. Upon its promulgation and receipt thereof by the probationer;
26 | P a g e
The Trial Court may modify or revise the Probation Order which shall
become effective and final upon its promulgation and receipt thereof by the
probationer, unless specified otherwise by said Order. (Sec 45 of Probation Rules)
i. On the day of initial interview or reporting;

The supervision service of the probation officer shall commence on the
day of initial interview or reporting of a probationer. Such fact and date shall be
duly noted in the case notes of the client. (Sec 39 of Probation Rules)
j. More than ten (10) days but not exceeding thirty (30) days;
A Probation Officer may authorize a probationer to travel outside his area
of operational/territorial jurisdiction for a period of more than ten (10) days but not
exceeding thirty (30) days. (Sec 41 [a] of Probation Rules)
k. Up to thirty (30) days;

A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5)
days before the intended travel schedule a Request for Outside Travel with said
Office properly recommended by the Supervising Probation Officer on case and
approved by the CPPO. (Sec 41 [b] of Probation Rules)
l. At least five (5) days;

A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5)
days before the intended travel schedule a Request for Outside Travel with said
Office properly recommended by the Supervising Probation Officer on case and
approved by the CPPO. (Sec 41 [b] of Probation Rules)
m. More than thirty (30) days;

If the requested outside travel is for more than thirty (30) days, said
request shall be recommended by the CPPO and submitted to the Trial Court for
approval. (Sec 41 [c] of Probation Rules)
n. Cumulative duration of more than thirty (30) days within a period of six (6)
months;
Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy supervision.
(Sec 41 [d] of Probation Rules)
o. Once arrested and detained;

Once arrested and detained, the probationer shall immediately be
brought before the Trial Court for a hearing of the violation charged. (Sec 51 of
Probation Rules)
p. Summary;
The hearing of the violation charge of the probationer shall be summary
in nature and he shall have the right to be informed of the violation charged and to
adduce evidence in his favor.
27 | P a g e
q. Not exceeding two (2) years;

The period of probation of a defendant sentenced to a term of
imprisonment of not more than one (1) year shall not exceed two (2) years. (Sec. 14
[a] of PD 968)
r. Not exceeding six (6) years; and

The period of probation of a defendant sentenced to a term of
imprisonment of more than one year shall not exceed six (6) years. (Sec. 14 [a] of
PD 968)
s. Not be less than nor to be more than twice the total number of days.
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. 14 [b] of PD 968)
t. One-third (1/3);
Early termination of the probation period of probationers may be granted
if they have already served one-third (1/3) of the imposed period of probation and
in no case shall the actual supervision period be less than six (6) months. (Sec. 55
[b] of Probation Rules)
u. Less than six (6) months;

Early termination of the probation period of probationers may be granted
if they have already served one-third (1/3) of the imposed period of probation and
in no case shall the actual supervision period be less than six (6) months. (Sec. 55
v. Not less than six (6) months;

Probationers may be recommended for the early termination of their
probation period if they have to travel abroad due to an approved application for
scholarship, observation tour or study grant for a period not less than six (6)
months. (Sec. 55 [c] of Probation Rules)
w. Within a period of three (3) days;

The probationer shall prepare the motion for the modification or early
termination of probation addressed to the Court which has control and supervision
over the probationer concerned and the motion shall thereafter be forwarded for
review and clearance to the Regional Director who shall act on said motion within a
period of three (3) days after receipt of the same. (Sec. 56 [b] of Probation Rules)
x. Within two (2) days;

If the motion the modification or early termination of probation be approved by the
Regional Director, the Supervising Probation Officer on case shall file the same
with the Trial Court within two (2) days after receipt thereof. (Sec. 56 [c] of
Probation Rules)
28 | P a g e
y. Two (2) years;

Appointed Probation Aides so appointed may hold office during good
behavior for a period of two (2) years, renewable at the end of each period. (Sec. 58
z. At least two (2) consecutive semesters;

The services of appointed Probation Aides may at any time be terminated
by the appointing authority for unsatisfactory performance for at least two (2)
consecutive semesters as determined by the proper Offices and/or for other lawful
and valid cause(s). (Sec. 58 [b] of Probation Rules)
aa. Within thirty (30) days;

The City and Provincial Parole and Probation Office shall submit to the
Trial Court a Probation Officer’s Final Report within thirty (30) days before the
expiration of the period of probation. (Sec. 61 [b] of Probation Rules)
bb.After actual receipt;

After actual receipt of the Termination Order finally discharging the
probationer, the Probation Office shall formally close the probation case and keep
clients case file. (Sec. 64 of Probation Rules)
cc. Within the first ten (10) days of the ensuing month;
The Probation Offices through the CPPO shall submit within the first ten
(10) days of the ensuing month to the Administrator (Attn.: Case Management and
Records Division), copy furnished the Regional Director’s concerned, their Monthly
Caseload Summary Reports and their attachment. (Sec. 66 of Probation Rules)
dd.Within the first fifteen (15) days of the ensuing semester; and
The Probation Offices shall also submit within the first fifteen (15 ) days
of the ensuing semester to the Administrator, copies furnished the RDs and the
PPA Planning Staff with their respective Semestral Accomplishment Progress
Reports containing among others, the list and brief description of their work
accomplishments for the quarter, their encountered problems and suggested
solutions, and other related matters. (Sec. 67 of Probation Rules)
ee. Within thirty (30) days of the ensuing year.

The Regional Offices through the RDs shall submit within thirty (30)
days of the ensuing year to the Administrator, copy furnished the PPA Planning
Staff, their respective Annual Reports containing, among others, operational
highlights, special programs and projects undertaken and/or other significant
accomplishments for the year. (Sec. 68 of Probation Rules)
29 | P a g e
PAROLE
What is Parole?
It is the conditional release of a prisoner from correctional institution after
serving the minimum period of his sentence.
Essential Elements of Parole

 That the offender is convicted;
 The he serves part of his sentence in prison;
 That he is release before the full expiration of his sentence;
 That said release is conditional, defending on his good behavior and;
 That he remains on parole until expiration of his maximum sentence.
Take Note: The minimum penalty is one degree next lower to the penalty prescribed
for the offense.
History of Parole
 The first parole law was passed in Massachusetts in 1837.
 At about same time, Alexander Maconochie introduced a system whereby a
prisoner was given a “ticket of leave “(the equivalent of parole) after earning a
certain required number of marks, from this, Maconochie gained the fame as
father of parole
Parole System in the Philippines
Legal Basis of Parole

Act No. 4103, as amended, otherwise known as the "Indeterminate Sentence
Law” which was approved on December 5, 1933.
Parole Administration in the Philippines (WHO MAY GRANT PAROLE TO A

PRISONER?)
Parole in the Philippines is administered by the Board of Pardons and Parole,
who shall composed of the Secretary of Justice as Chairman and four members to be
appointed by the President with the consent of the Commission on Appointments and
shall holds office for four years of the appointed members, one member shall be
sociologist, one a clergyman, or educator, one psychiatrist, and other members shall
be persons qualified for the work by training and experiences. At least one member of
the board must be a woman.
Board of Pardon and Parole

 It is created by virtue of Act No. 4103 (1933) known as the Indeterminate
Sentence Law
 It is an agency under the Department of Justice (DOJ).
What is the difference between determinate sentence with an indeterminate

sentence?
30 | P a g e
An indeterminate sentence is distinguished from a determinate sentence when
the sentence provides for a minimum period and a maximum period, which
characterizes an indeterminate sentence, while a determinate sentence has only one
period in the sentence of the court.
Who may be qualified for parole?

 A prisoner shall be eligible for the grant of parole upon showing that he is
confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction.
 He has served the minimum period of said sentence less the good conduct time
allowances (GCTA) earned.
 There is a reasonable probability that if released, he will be law-abiding
 His release will not be incompatible with the interests and welfare of society.
What are the disqualifications for the grant of parole?

• Offenses punished by death or life imprisonment.
• Those convicted of treason (art.114), conspiracy or proposal to commit treason
(art.115), misprision of treason (art. 160), rebellion (art. 134), sedition (art. 139)
or espionage (art. 117), those convicted of piracy (art. 122).
• Those who are habitual delinquents (within 10 years from his last release, or
conviction for the crimes of fretsel, is found guilty of any of the said crimes for
third time or oftener (art. 62, par. 5).
• Those who escape from confinement or those who evaded sentence (art. 157).
• Those granted conditional pardon and violated the terms the same. (art.159).
• Those whose maximum period of imprisonment does not exceed one year.
• Those who already serving final judgment upon the approval of the ISL.
• Those sentenced to the penalty of Destierro.
Take Note: Recidivist are entitled to an IS (People vs. Jaranilla, L-28547, Feb.22,
1974)
Take Note: A minor who escape from confinement in the reformatory is entitled to the
benefits of ISL because his confinement is not considered as imprisonment. (PP vs.
Perez, CA 44 O.G 3884) so also if the accused escaped from the National mental
Hospital since his confinement as patient is not imprisonment. ( PP vs. Co. CA G.R No.
163, June 13, 1938).
Infraction of the terms of Parole Supervison

Any infraction by a client of the terms and condition appearing in release
document or any serious deviation or non-observance of the obligations set in the
parole supervision program shall immediately reported by his Parole and Probation
Officer to the Board.
Arrest of the Client/ Parolee
31 | P a g e
Upon receipt of an information report, the Board shall immediately order the arrest
of the client of Parole and shall made to serve the remaining unexpired portion of
the maximum sentence for which he was originally committed to prison.
Termination of Parole
After the expiration of the maximum period of the sentence of a client provided he
does not commit any infraction and the Board may, upon the recommendation of the
Parole and Probation Officer, issue a certificate of Final Release and Discharge to a
Parole.
DIFFERENCES BETWEEN PAROLE AND PROBATION

1. Parole is different from Probation in that the former is an administrative function
of the executive branch of the government, while the latter is a judicial function.
2. In the Parole, the offender serves part of his sentence in prison before he is
released, while Probation, the convicted offender does not need to go to prison at
all.
3. Parole is an extension of institutional treatment, while Probation is a substitute
for imprisonment. A Board grants parole, while a judge grants probation. Both
releases are conditional and subject to the supervision of a parole or probation
officer.
What is Executive Clemency?

Executive Clemency refers the Commutation of Sentence, Absolute Pardon, and
Conditional Pardon, with or without the parole conditions, as may be granted by
the President of the Philippines upon the recommendation of the Board of Pardon
and Parole.
Where to file formal petitions for Executive Clemency

A formal petition for Executive Clemency must address to “The President of
the Philippines” through the Chairman of Board of Pardon and Parole. In other
words, it was the duty of Board of Pardons and Parole to file an executive clemency to
the office of the President.
Take Note: “Petitioner” refers to the prisoner who applies for the grant of executive
clemency or parole;
What is Pardon? What are its kinds?

Pardon is an executive clemency granted by the President/Chief Executive. It may
also be defined as an act of grace proceeding from the power entrusted with the
President which exempts the individual on whom it is bestowed, from punishment the
law inflicts for a crime he has committed.
The kinds of Pardon are the following
a. Absolute Pardon; and
32 | P a g e
Refers to the total extinction of criminal liability of the individual to
whom, it is granted without any condition whatsoever and restores to the
individual to his civil rights and the penalty imposed for the particular offense
of which he was convicted.
An absolute pardon is given without any condition attached. But it does

not operate to restore the right to hold public office or the right of suffrage,
unless such rights are expressly restored by the terms of pardon. It becomes
effective once if it is granted and there is no need for the offender to accept it.
Take Note: One may file a petition for absolute pardon if the maximum sentence is
served or granted final release and discharge or court termination of probation.
Absolute pardon serves to wipe away the guilt of a pardonee and makes him innocent
as if he has not committed any crime
b. Conditional Pardon
Refers to the exemption of an individual, within certain limits or
conditions, from the punishment, which the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability.
A conditional pardon is given with condition/s attached. It must be

accepted by the offender to become effective. (Black, 1990)
Conditional Pardon and Parole distinguished:

The distinctions between Conditional Pardon and Parole are the
following:
a. In conditional pardon, the accused need not serve his minimum sentence, while
in parole, the minimum sentence must be served; and
b. In conditional pardon, the granting authority is the President, while in parole,
the granting authority is the Board of Pardon and Parole. (Other source,
Moreno, 1998)
What are the effects of pardon?

The effects of pardon are the following:
 It removes penalties and disabilities and restores a person of his full civil and
political rights
 It does not discharge the civil liability of the convict to the individual he has
wronged as the president has no power to pardon a private wrong.
What are the limitations of Pardoning Power of the President?

The limitations of the pardoning power of the President are the following:
a. Pardon cannot be extended in case of impeachment;
33 | P a g e
b. No pardon, parole, or suspension of sentence for violation of election laws may
be granted without favorable recommendation of Commission on Elections
(COMELEC);
c. Pardon is exercised only after conviction by final judgment; and
d. No pardon may be exercised over a civil contempt. (C – Sec 5, Art IX of the
Philippine Constitution & De Leon, 2005)
What is Amnesty and what is its difference from pardon?
Amnesty defined:
Amnesty is an act of sovereign power granting oblivion or general pardon for a
past offense usually granted in favor of certain classes of persons who have committed
crimes of a political character, such as treason, sedition, rebellion.
The effect of amnesty:

Amnesty abolishes and puts into “oblivion” the offense of which one is charged,
so that the person released by amnesty is considered as if he did not commit any
offense.
Take Note: Oblivion means state of forgetfulness. (Bloomsbury, 2007)
Pardon and Amnesty distinguished:

The distinctions between Pardon and Amnesty are the following:
a. Pardon includes any crime, while amnesty includes political crimes only;
b. Pardon is exercised individually, while amnesty exercised generally;
c. Pardon is given only when the person is convicted, while amnesty may be
granted before trial or investigation;
d. Pardon may be granted by the President himself, while amnesty is granted by
the President with the concurrence of Congress; and
e. Courts take no judicial notice of pardon, while courts take judicial notice of
amnesty.
Take Note: Judicial notice is a fact need not be proved. Any person who claims that
pardon has been granted must prove it in court, unlike amnesty. (Sec 1, Rule 129 of
the Rules of Court; Moreno, 1998; Nolledo, 2005 & Timpac, 2009)
What are remission of fines or forfeitures of fines?

Remission of fines or forfeitures is the power of the President to prevent the
collection of fines or the confiscation of forfeited property. The power of the President
is limited to fines or forfeitures as not have been vested in third parties, or paid into
the treasury of the government, as funds cannot be paid out of the treasury without
the authority of the Congress.
What is Reprieve, Suspension of Sentence, and Commutation? What is their

purpose?
34 | P a g e
Reprieve and suspension of sentence defined:
Reprieve and suspension of sentence are the temporary stay or postponement of
sentence.
Especially when the penalty imposed is death, the purpose of reprieve or
suspension of sentence is to save life. By postponing the execution of a convict, the
President is given an opportunity to extend his commutation or pardon or for the
Congress to enact laws favorable to the convict.
Reprieve and suspension of sentence distinguished:

Both reprieve and suspension of sentence refer to temporary stay or postponement
of sentence, but suspension of sentence is done for an indefinite time, while reprieve is
done to a fixed or definite date.
Commutation defined:
Commutation is an act of the President reducing the penalty of a convict.
An example of this is if the penalty of death is commuted (reduced) to life
imprisonment or reclusion perpetua. (Nolledo, 2005)
What are the distinctions between Life Imprisonment and Reclusion Perpetua?
The distinctions between life imprisonment and reclusion perpetua are
the following:
a. Life imprisonment has no duration, while reclusion perpetua has a duration of
twenty (20) years and one (1) day to forty (40) years;
b. Life imprisonment is imposed in violation of special laws, while reclusion
perpetua is imposed in violation of the Revised Penal Code;
c. Life imprisonment has no accessory penalties, while reclusion perpetua has
accessory penalties.
Take Note: It was RA. 7659 which provided for the legal duration of reclusion
perpetua as 20 years and 1 day to 40 years.
What is Good Conduct Time Allowance?

Good conduct time allowance is the reduction of period of imprisonment if the
convict shows good behavior.
Take Note: Good Conduct Time Allowance does not apply to detention prisoners. It is
applicable to them only if they voluntarily place in writing that they may be treated
like convicted prisoners. (Art 97 of the Revised Penal Code)
Who are disqualified for GCTA?

a. An accused who is a recidivist or an accused who has been convicted previously
twice or more times of any crime; persons charged with and/or convicted of
heinous crimes are not entitled to the benefits under the gcta law,
b. An accused who, upon being summoned for the execution of his sentence, has
failed to surrender voluntarily before a court of law.
35 | P a g e
FORMER GCTA COMPUTATION
GCTA COMPUTATION UNDER REPUBLIC ACT NO. 10592
Take Note:
 At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, for each month of study, teaching or mentoring
service time rendered.
 Appeals made by prisoner do not disturb entitlement of good conduct
allowance.
Special Time Allowance for Loyalty
Special time allowance for loyalty. – A deduction of one fifth of the period of
his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of RPC, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of the Revised Penal Code.
Who Grants Time Allowances?

Who grants time allowances. – Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the Warden of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted shall not be revoked.
Other things to consider in GCTA
36 | P a g e
• Act No. 2489, otherwise known as the industrial good time law, provides that when
a prisoner has been classified as trustee or penal colonist, he is given an additional
5 days’ time allowance for every month of service.
• A prisoner serving life sentence automatically reduced to 30 years of imprisonment
upon attaining the classification of trustee or penal colonist.
What are the crimes that may be possibly committed by a person while serving
his sentence in jail or in the community?
The crimes that may be possibly committed by a person while serving his
sentence in jail or in the community are the following:
a. Evasion of Service of Sentence;

This is committed by a convict who shall evade service of his
sentence by escaping during the term of his imprisonment by reason of
final judgment. (Art 157 of the Revised Penal Code)
b. Evasion of Service of Sentence in the Occasion of Disorders,
Conflagration, Earthquakes, or other calamities; and
In case of disorder or other kinds of calamity, prisoners or
detainees may be ordered to leave the penal institution where they are
detained or imprisoned. However, they must give themselves up to the
authorities within 48 hours following the issuance of the proclamation by
the Chief Executive announcing the passing away of such calamity.
Those who fail to give themselves up to the authorities are liable for the
crime of Evasion of Service of Sentence in the Occasion of Disorders,
Conflagration, Earthquakes, or other calamities. (Art 158 of the Revised
Penal Code)
Take Note: Convicts, who under the circumstances mentioned above,

shall give themselves up to the authorities within the above mentioned
period, shall be entitled to the reduction of 1/5 of the period of his
sentence. (Art. 159 of the Revised Penal Code)
c. Commission of Another Crime During Service of Penalty Imposed for

Another Previous Offense.
This is committed by any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve such
sentence, or while serving the same. (Art. 159 of the Revised Penal Code)
What are the forms or kinds of Habituality or Repetition?

The forms or kinds of Habituality or Repetition are the following:
a. Recidivism;
There is recidivism when an accused at the time of his trial for an
offence shall have been previously convicted by final judgment of a crime
embraced in the same title of the Revised Penal Code.
b. Quasi-recidivism;
37 | P a g e
There is quasi-recidivism when a person who, before serving
sentence or while serving sentence, commits another felony.
Take Note: The one to be committed must be a FELONY.

Felony is an act or omission punishable by the Revised Penal Code, while
offense is an act or omission punishable by Special Laws
c. Habitual Deliquency; and

There is habitual delinquency when within ten (10) years from the
date of last conviction or last release of a person for any of the crimes of
serious physical injury, less serious physical injury, theft, robbery,
estafa, or falsification, he is found guilty the third time or oftener.
(SLTREF or FRETSeL)
d. Reiteracion.
There is reiteracion when the offender has been previously
punished for an offense to which the law attaches an equal or greater
penalty, or when he has been previously punished for two (2) or more
crimes previously to which the law attaches a lighter penalty.
Take Note: From big time to small time, there is a reiteracion. (Estrada,
2007)
38 | P a g e

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NON-INSTITUTIONAL CORRECTION

Chapter I: Overview of Correction

In the criminology parlance, the word “correction” may be understood as the

In the abolition of death penalty, Non – Institutional Correction was strengthened.

Chapter 2: History of Probation

1. What are the significant personalities, events, and places in relation to

b. Early 19th century in England:

Take Note: ENGLAND – It is where probation was originated

c. Mathew Davenport Hill;

Gardner Tufts was a director of the Massachusetts Board of State

It was in Massachusetts where the following happened:

c. Minnesota and Illinois;

3. What are the forerunners of probation?

Chapter III: PD 968

What is the form for applying for probation?

What if a convict neither appealed nor applied for probation?

Are all convicts qualified to apply for probation?

 Those who have been previously convicted by final judgment of an offense

Take Note: Probation is a privilege granted by the court; it cannot be availed of as a

Take Note: The term “depreciate” as used above means degrade.

An example of this is if in the crime of rape, several mitigating

b. Notice to the Prosecuting Officers of the Filing of the Application and

c. Order of the court to conduct Post Sentence Investigation (PSI);

What is the use of a Waiver – Cum – Authorization?

How shall collateral information and subsequent or further interviews be

d. Submission of Post Sentence Investigation Report (PSIR);

e. Resolution of the court;

Is the court bound by the findings of the Probation Officer ?

f. Effectivity of Probation Order;

g. Appearance to Probation Officer;

What is the effect of being absconding applicant or probationer?

h. Control and Supervision of Probationer; and

What are the two main functions of a Probation Officer?

Whenever a probationer is permitted to reside in a place under the jurisdiction

3. Presidential Decree 968 provides that the defendant is released subject to

4. What are the other matters that must be considered in probation?

a. Probation is a matter of privilege, not right;

b. Effectivity and Period of Probation;

The investigating Probation and Parole Officer on case or CPPO shall

d. Arrest of Probationer and Subsequent Disposition;

e. Modification of Condition of Probation;

h. Violations of Probation Condition;

5. What is probation administration?

What is the main purpose of Probation Administration?

REPUBLIC ACT No. 10707

the application shall be deemed a waiver of the right to appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

“b. convicted of any crime against the national security;

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

What are the different definition of terms in discussing probation?

7. What are the different Forms that may be accomplished in furtherance of

i. On the day of initial interview or reporting;

k. Up to thirty (30) days;

l. At least five (5) days;

m. More than thirty (30) days;

o. Once arrested and detained;

q. Not exceeding two (2) years;

r. Not exceeding six (6) years; and

u. Less than six (6) months;

v. Not less than six (6) months;

w. Within a period of three (3) days;

x. Within two (2) days;

y. Two (2) years;