LITERATURE REVIEW ON PROBATION

Introduction

The probation is a privilege granted by the court to a person convicted of a

criminal offense to remain in the community instead of actually going to prison or jail but
under the supervision of a probation officer. It was created to lessen the harshness of
penal laws through different way of approach such as non-punitive way of treatment and
correction of offenders. In our country, the sentence of the offender is suspended and
will be place in community-based treatment programs, but depending on available
resource in the community for the rehabilitation of offenders. Some activities included
are tree planting, community service, clean-up drive and coastal/river cleaning and
other related activities. It also includes session and reinforcing activities like counseling,
lectures/seminars/training, and other similar activities for some offenders with sensitive
cases.

The government is recognizing the importance of the role and involvement of the
community especially by providing guidance and assisting the offenders in their
community based-programs. This will also help the offenders to feel secured and still
accepted in the society and not being viewed as an outcast in the community.

Background

A. History

Probation was first introduced in our country in the year 1935 with the enactment
of Act 4221. This law created a Probation Office where probation is given to first
offenders who are 18 years of age and above wo were convicted of certain crimes.
However, the law was declared unconstitutional due to some defect in its procedural
context by the Supreme Court. Again, in 1972, House Bill 393 was filed in the Congress
with the purpose of establishing a probation system in our country. Its provision
removed the defects of the previous law that made it constitutionally and procedurally
defective but was pending in the Senate due to the proclamation of Martial Law. Thus,
in 1975, Philippines was included in the 5th United Nations Congress held in Geneva,
Switzerland but the country does not have an adult probation system, so that
Commissioner Teodulo Natividad who is the current chairman of the Inter-Disciplinary
Committee on Crime Prevention had prioritized and pursued the creation of the
probation decree. Eighteen hearings were conducted before the decree was created,
and after a thorough study of the probation, it was presented at the seminar on the
Probation System which was sponsored by the National Police Commission, Philippine
Constabulary and Integrated National Police, and the University of the Philippines Law
Center. The decree was highly endorsed by 369 participants from different sectors of
the society. The law then was introduced in July 24, 1976 known as Presidential Decree
No. 968 or the “Adult Probation Law of 1976” and created the Probation Administration.
At present there are 183 field offices created in the country. The late Congressman
Teodulo C Natividad was recognized as the Father of Philippine Probation.

B. Legal Basis of Probation

The enabling law that governs the administration and operation of the probation
system in the country Presidential Decree No. 968, or the Adult Probation Law of
1976.Since its promulgation on July 24, 1976, the Adult Probation Law has undergone
several amendments such as:

1. Presidential Decree No 1257, Amending certain sections of PD No. 968,

otherwise known as the probation law of 1976, approved on December 1, 1977
allowing public prosecutors to participate in the probation process by directing
them to make a comment on the application for probation.
2. Batas Pambansa Blg.76 (BP 76), An act amending PD no. 968, otherwise known
as the Probation Law 1976, so as to expand its coverage signed June 9,1980,
extending the benefits of probation to convicted offenders whose prison sentence
imposed was six years and one day. Formerly, it was only for those convicted
offenders whose prison sentence is six years.
3. Presidential Decree No.1990 amending PD No. 968 otherwise known as the
Probation Law of 1976 promulgated on October 15, 1985, provided that the
 application for probation shall no longer be entertained or granted if the
defendant has perfected an appeal from the judgment of conviction. This Act
established a comprehensive juvenile justice and welfare system in the country.
Parole and Probation Administration was tasked to develop individualized
probation program appropriate for the correction and rehabilitation of children in
conflict with the law consistent with the objectives of rehabilitation and
reintegration provided in the Act.
4. EO 292, “The Administrative Code of 1987”. 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 or are granted pardon with parole conditions.
5. Republic Act 9165 known as the Comprehensive Dangerous Drug Act of 2002
signed on January 23, 2002, which repealed Republic Act 6425, the Dangerous
Drugs Act of 1972 which provides under Section 57 , Probation and Community
Service under the Voluntary Submission Program an after care program in lieu of
imprisonment and or fine.
6. On April 28, 2006, Juvenile Justice and Welfare Act of 2006 was signed into a
law. This Act established a comprehensive juvenile justice and welfare system in
the country. Parole and Probation Administration was tasked to develop
individualized probation program appropriate for the correction and rehabilitation
of children in conflict with the law consistent with the objectives of rehabilitation
and reintegration provided in the Act

Effects of Probation

A. Effects on Offenders

Probation provides many offenders, especially drug offenders an alternate to

incarceration. Base from the 2022 annual report of the Parole and Probation
Administration, record shows that most offenders who applied for probation committed
crimes relative to opium and other prohibited drugs with 40, 268 probationers followed
by crime against persons with 39,364 probationers. With the probation law, families can
remain together, and parents, children, grandparents can work and remain in their
family and allowing them to work in the community, earn money to support his family.
The government does not have to spend for the imprisonment, the offender while on
probation can work full time and he will be able to pay the financial damages to his
victim and lastly probation can isolate offenders from other criminals in prison.

Our government can rehabilitate the offender through social services such as drug
or alcohol treatment or life skills classes. This can reduce the possibility of the offender
to commit future crimes.

B. Disadvantages of Probation

Offender on probation may face harsh reactions from the community who may feel
that convicts should not be allowed in the society and must be in prison to pay for the
crimes committed. Thus, this can make the offender not welcome in the society as he
attempts to reform outside of prison. Also, individuals on probation most likely will have
a high possibility of rejected from applying because of their criminal record which may
lead them to find work with low salary.

Conclusion

Probation is the most used form of correction with the consistent and proper
supervision by the government and probation officers, and to include the participation of
the community in their program. Annual report from the Parole and Probation
Administration shows that 123,817 are undergoing probation compared to Parole with a
number or 9,794. As a community that wants to help the penitent offender, we then
should ensure that practice of probation should meet its goals and objectives and help
with the program.

Recommendation

For a meaningful and lasting reformation in our country, the government shall
equip the Parole and Probation Administration with the resources they need for a quality
implementation of their goals and objectives. Maximum support must be given to the
various probation offices throughout our country that can provide quality service.
Increase in probation officers and VPA so that probationers can be monitored, guided,
an assisted properly.

Some programs may not be successful due to random basis of assigning

probation officer and VAD to probationers. Thus, assigning probation officer and VAD to
probationer with common interest may have a better result.

Crime against relative to opium and other prohibited drugs tops the crimes the
offenders had been convicted, therefore the government should intensify the campaign
against drugs while they are on and programs provided to them should be related on
campaign to fight drugs.

References

o Presidential Decree 986 known as the Probation Law of 1976

o Republic Act No. 10707, An Act Amending PD 968
o Presidential decree no. 1257,
o Overview of the Community Corrections System of the Phillippines at
https://www.unafei.or.jp/english/activities/pdf/other/Overview_of_CommunityCorr
ections_Philippines_E.pdf
o BP blg. 76
o Presidential Decree No.1990
o Republic Act No. 10389 known as the Recognizance Act of 2012
o G.R. No. L-45685 People of the Philippine Islands and Hongkong & Shanghai
Banking Corporation vs. Jose O Vera at
https://lawphil.net/judjuris/juri1937/nov1937/gr_l-
45685_1937.html#:~:text=4221%20is%20unconstitutional%20because
%20it,prosecution%20may%20intervene%20in%20probation