Unit I

Community-Based Correction and Its Background

Community corrections is a term that brings many different thoughts to

mind. The term itself can shift in meaning and perception from person to person. For
instance, some people may view community corrections as consisting of only
probation and parole, while others might see it as being more related to community
service and other such programs. Still others tend to equate community corrections
with being “easy” on crime. Certainly, the first two examples are (objectively
speaking) actual tools used within the field of community corrections. However, the
third example demonstrates that perceptions may negatively impact the notion of
community corrections, even when the term is considered on a mere conceptual
level.

This is important because the perceptions that people have of community

corrections will, in fact, have a direct impact on how effective community-based
programs are likely to be. In some respects, this harkens back to the “power of
perception” phenomenon, a common point that is emphasized by psychologists and
laypersons alike. This point is also consistent with the often touted “power of positive
thinking” in that a positive outcome is more likely to be seen among community
corrections agencies when the community holds a positive image of such forms of
supervision. This is not to be confused with the idea that we are to sell an image of
community corrections that is false or that we should ignore the drawbacks to such
initiatives. Nor is this to say that we, as community members, should highlight the
positive aspects of such programs. Quite the contrary, we do want to maintain an
evidence-based practice in our community corrections programs. However, these
programs are not ever likely to achieve their optimal outcome unless the community
is involved with such programs, and yet the community is not likely to be involved
unless some form of positive gain is seen to exist within that same community. Thus,
a positive community perception is actually quite relevant and important for evidence-
based programs.

With it being clear that community perceptions are important to the overall
effectiveness of community corrections, this begs the question, how does the
community envision a community corrections program, and how would we define
such a program? When examining any social phenomenon, it is important that
investigators, researchers, and other inquirers achieve clarity on their issue of
scrutiny. In other words, we must not only determine the notion of community
corrections as a potentially viable response to crime; in doing so, we must also
determine exactly what is meant by the term community corrections.

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Learning Outcomes:

Upon completion of the lesson, you are expected to:

1. explain fully the basic concepts, principles and philosophy of the

Probation System;
2. describe the relationships of the probation administration with the other
pillars of criminal justice system; and
3. discuss the current issues and concerns on Community-based
Correction

Activate Prior Knowledge:

Introduction: Answer the question comprehensively. Write your answer in a

separate sheet of paper.

1. Distinguish Institutional Correction and Non-Institutional Correction. Give at

least 5 examples each.

Lesson 1 :Community Based Correction Program

At present, correction as a pillar of our justice system is in front of so
many problems and controversies. Among of its palpable problems are overcrowded
jails and prison facilities. Despite of public clamour, the government cannot afford to
lock-up all convicted individuals. Society has all the reasons to condemn convicts but
in so doing, they are just pushed for the continuance of their unlawful activities. Study
shows that many convicted persons who have been incarcerated in jails or prisons,
when they return to community are mostly reengage to the same kind of offense or to
some other type of anti-social activities which if not with the same degree with the
first offense, is more serious. It is also accepted fact that putting all convicted
individuals in jail or prison facilities will definitely prejudicial to the government
considering that they consume so much of government funds and resources. These
are the common reasons for the promotion of community-based correction approach
in lieu of institutional correction.

Community corrections consists of those programs that do not employ

incarceration. Yet, this definition does not contend that these sanctions simply exist
due to a need for alternatives to incarceration. This is a very important point that
deserves elaboration. It is undoubtedly true that there is a need for alternatives to jail
or prison simply due to the fact that both types of facilities tend to be overcrowded in
various areas of the United States. In truth, the need for options to avoid further jail
and prison construction is probably the main impetus behind the proliferation of
community corrections programs that occurred during the late 1990s. Despite the
prison boom that occurred, incarcerating strategies simply could not house all of the
offenders who were processed during this time period.

Eventually, concern over such aggressive and expensive prison

construction programs did lead to the exploration for alternatives to offender
supervision. Community corrections provides alternatives at both the front and back

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ends of the correctional system. With respect to front-end alternatives, probation has
been used as a means of avoiding further crowding in jails and prisons. Indeed,
many chief judges and court administrators are acutely aware of population
capacities in the jails that are run by their corresponding sheriff’s office. It would be
foolish to think that such courtroom or criminal justice actors do not collaborate when
determining aggregate sentencing patterns within their own local jurisdiction. At the
back end of the correctional process, parole systems have continued to act as
release valves for prison system populations, allowing correctional systems to ease
overcrowding through the use of early release mechanisms that keep offenders
under supervision until the expiration of their original sentence.

Thus, to say that community corrections provides an alternative to

incarceration is not necessarily wrong, but it limits the intent and use of community
corrections sanctions. This also further implies that, if there were enough prison
space, community corrections might not exist. This is simply not the case, being that
community corrections is often implemented in jurisdictions that do not have
overcrowding problems. Rather, community corrections, in and of itself, holds value
as a primary sanction, regardless of whether jail or prison space is abundant. In
times past, this may not have been the case, such sanctions being restricted to a set
of options only used in lieu of prison sanctions. However, it should instead be
considered that the contemporary use of community corrections often exists as a first
choice among sanctions and that these programs are now used because they have
been shown to be more effective than sentencing schemes that are over reliant on
incarceration. Thus, almost by accident, the criminal justice system has found that
community-based programs actually work better than incarceration and are therefore
the preferred modality of sanctioning in many cases of offender processing. This is a
very distinct point, elaborating on the earlier definitions that were provided.

In essence, students should consider that it is now out of date to

believe that these sanctions exist merely to serve as alternatives to incarceration.
Through data-driven analyses of outcomes and comparisons in recidivism rates, it
has been found that these programs are often superior in promoting long-term public
safety agendas. This is largely due to the fact that these sanctions tend to work
better with the less serious offender population, particularly those who are not violent.
The nonviolent offender population happens to be the larger segment of those on
community supervision. To be sure, jails and prisons do still have their place in
corrections, but there are a large number of offenders who fare better in terms of
recidivism if they are spared the debilitating effects of prison but are still made to be
accountable for their crime to the community. This then derives a quasi-therapeutic
benefit that leads to a long-term reduction in future criminality. This also leads into
the second aspect of the community corrections definition provided by this text, that
community corrections has a definite reintegrative component. The reintegrative
nature of community corrections is important from both society’

The idea behind non-institutional correction programs is that, most

convicts can be effectively held accountable for their crimes at the same time that
they can fulfil legitimate living standards in the community. Most convicts do not pose
an imminent danger to themselves or to others and can therefore remain in the

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community to maintain relationships. Rehabilitating convicts within the community
confers several benefits such as:

1. The convict will remain in the community in which he or she has

responsibilities. He can continuously engage to his legitimate sources of
livelihood to support himself and his family and the government can collect
taxes from him;
2. Convicts under community-based correction are more capable to compensate
their victims through restitution or to pay-back the community through
community service; and
3. Community-based corrections programs do not expose convicts to the
subculture of violence existing in jails and prisons.

There is now a principle in Non-institutional Correction that works for

the reintegration of convicted individuals to society which is known as Restorative
Justice. What Restorative Justice advocating is the alteration of the behaviour of
convicts through the use of holistic but non-incarcerate methods of rehabilitation,
Braithwaite (1900-1990). It is like helping the convicts to enter the society in a way
where they can be accepted by the society. This system has its impact on the society
in general as well, it helps the society understand and accept the fact that convicts
are also a part of the society. (EzineArticles.com)

1. Probation- is a disposition, under which defendant after conviction and

sentence, is released subject to the conditions imposed by the Court and to
the supervision of a probation officer.
2. Parole- A conditional release from prison of a convicted person upon service
of the minimum of his indeterminate penalty.
3. Pardon- A form of executive clemency which is exercise exclusively by the
Chief Executive. Pardon may be given conditionally (conditional pardon) or
unconditionally (absolute pardon). For the purpose of Non-Institutional
Correction, it is the Conditional Pardon with parole conditions is under
consideration.

Note:

 For simple infraction of laws or ordinances, Community Service may likewise

be considered as community-based correction. This is impose to require the
violators to render community service in lieu of payment of fine and/or
imprisonment.

Other Community-Based Correction Programs

In other jurisdictions, parole, probation and conditional pardon have always

been a way of community correction, but with technological advancement and
considering the psychology of convicted people, correction programs have widened
to accommodate the following:

1. Work releases;

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 2. Day fine programs;
3. Electronic monitoring;
4. Home confinement;
5. Community service;
6. Half way houses;
7. Boot camp prisons;
8. Restitutions;
9. Check-in programs;
10. Mediation;
11. Curfew;
12. Restorative justice centers;
13. Drug checks;
14. Alcohol checks; and
15. Other methods where there is a certain level of trust between the offenders
and the people involved. (EzineArticle.com)

B. Entities of the Government task for providing Community-Based Correction

1. Parole and Probation Administration (PPA)

 Conduct investigations of all cases in relation to parole, probation and
pardon
 Responsible for the supervision of all parolees, probationers and
conditional pardon grantees

2. Board of Pardon and Parole (BPP)

 Authority in granting parole
 Responsible for recommending the grant of pardon and executive
clemency to the president

3. Department of Social Welfare and Development (DSWD)

 Handling cases of Child in Conflict with the Law (CICL)

C. Benefits of Community-Based Corrections

1. Strengthening family ties through avoidance of broken family relationships –

The treatment and rehabilitation of convicted offender is done outside the
institutional facilities hence, family members will not suffer broken family due
to imprisonment of one of its member;
2. Prevention of Influence Contamination – Putting convicted felon to prison may
expose him to hardened criminals who might influence him to be a more
hardened criminal than before;
3. Engagement of Community Involvement – Rehabilitation can be more
effective with the help of the members of the community;
4. Assurance of Individualized Treatment Approach – These programs provide
individualize treatment program for the convicts which is if not available, it is
hard to attain in correctional institution;
5. It is more economical than institution-based correction on the part of the
Government.

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Goals of Community Corrections Program

Community corrections programs are integrated sanctioning strategies that

seek to achieve the following goals:

1. The offender is punished and held accountable.

2. Public safety is protected.
3. Victims and local communities receive restitution rom felons who work in their
present jobs and/or restitution programs.
4. Community service work increases.
5. Collection of court costs and fees increases due to contractual agreements
with offenders who remain in their present jobs.

D. Purposes

1. Facilitating Convicts Reintegration;

2. Fostering Convicts Rehabilitation;
3. Providing an Alternative Range of Convicts Punishments; and
4. Heightening Convicts Accountability

E. Functions

1. Client monitoring and supervision to ensure program compliance

2. Ensuring public safety
3. Employment assistance
4. Individual and group counselling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding

G. Current Issues and Concerns on Community-Based Correction

1. Public resistance against non-institutional correction

2. Punishment against rehabilitation and reintegration
3. Convicted individual needs safety as well as the public
4. Availability of Rehabilitation Services
5. Education and training for rehabilitation service providers
6. Coping with special needs of the convicts

H. Evaluating the effectiveness of Community-Based Correctional Programs

Community-based corrections as alternative to prison claim to be more

effective in reducing recidivism than traditional prisons, to be cheaper than prisons,
and to reduce overcrowding in prisons and jails. A study used a case study approach
of a community based program was conducted by Nancy Marion in the Midwest
United States to determine if those community corrections alternatives achieve those
results.

The findings from this case study show that the recidivism rates of
community corrections are lower than those of the prison inmates only in some cases

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and that the costs are cheaper only in some cases. It also shows that community
corrections serve as a true alternative to prison in some instances but more often
only widens the net and increases the state’s control over criminal offenders.
(Source: Effectiveness of Community based Correctional Programs: a Case Study,
2012 Journal Citation Reports

Lesson 2: Temporary Release of Detained Person

When a person is arrested or otherwise deprived of his liberty for the

alleged commission of an offense, he may avail of the legal remedies provided and
guaranteed by the Constitution, Statutes, and the Rules of Court for his temporary
release. These include the application for bail or recognizance and habeas corpus.
Where the accused is already convicted, or is serving the penalty imposed by the trial
court, there are however legal remedies also for the convict to regain his liberty by
virtue of, or grant of pardon, amnesty, parole, probation, etc., subject to limitations
and conditions of the issuing authority.

Meaning of Detention/Custodial Center, Detainee, and Detention Prisoner

Detention as defined by the Philippine national Police is a restraint of personal

liberty or deprivation of freedom of action in any significant manner.

Detainee as defined by the Bureau of Jail Management and Penology (BJMP) refers
to a person who is accused before a court or competent authority and is temporarily
confined in jail while undergoing or awaiting investigation, trial, or final judgement.

Detention Prisoner refers to a person arrested due to the commission of a

crime/offense by the arresting unit for custodial investigation. It likewise includes a
person arrested for crimes, which are heinous in nature, against national security,
and high-profile crimes.

Basis of Temporary Release of a Detained Person

1. Under the 1987 Philippine Constitution:

The 1987 Philippine Constitution allows two (2) modes by which a person
under custody may be released temporarily from detention before conviction
of the offense charged – (1) bail, and (2) release on recognizance as may be
provided by law.
2. Under the Rules of Court:
Rule 102 of the Rules of Court provides for Habeas Corpus, a speedy and
effectual remedy to relieve a person from unlawful restrain and will therefore
issue when someone is deprived of liberty.
The Rules on Bail are intended to secure a faithful implementation of the
constitutional right to bail and is governed by Rule 114 of the 1985 Rules of
Court as amended. The Revised Rules on Criminal Procedure covering
Rules 110-127 of the Rules of Court was approved on October 3, 2000 to
take effect on December 1, 2000 following its official publication in the official

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 Gazette and two newspapers of general circulation not later than October 31,
2000.

Definition, Concept, and Purpose of Bail

Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman. To guarantee his appearance before any
court as required under the conditions hereinafter specified.
The purpose of requiring bail is to relieve an accused from
imprisonment until his conviction and yet secure his appearance at the trial.
The right to bail is granted because in all criminal prosecutions, the accused
is presumed innocent as stated in Section 14 (2) of the Article III, Bill of
Rights.

Different Forms of Bails

Bail Bond is an obligation given by the accused with one or more sureties,
with the condition to be void upon the performance by the accused of such acts as he
may be legally required to perform.

It may be given in the form of:

1. Corporate Surety - Any domestic or foreign corporation, licensed as a surety

in accordance with law and currently authorized to act as such, may provide bail by a
bond subscribed jointly by the accused and an officer of the corporation duly
authorized by its board of directors.
Take note that the corporate surety is considered as the jailer or
custodian of the accused and his obligation is to produce the body of the accused
whenever so required. Failure to do so is a violation of the condition of the bond.
Failing in this respect, forfeiture of the bail bond is proper.

2. Property Bond - A property bond is an undertaking constituted as lien on the

real property given as security for the amount of the bail. Within ten (10) days after
the approval of the bond, the accused shall cause the annotation of the lien on the
certificate of title on file with the Registry of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space provided therefore, in the
Registry of Deeds for the province or city where the land lies, and on the
corresponding tax declaration in the office of the provincial, city and municipal
assessor concerned.

Within the same period, the accused shall submit to the court his compliance
and his failure to do so shall be sufficient cause for the cancellation of the property
bond and his re-arrest and detention.

Qualifications of sureties in property bond. – The qualifications of sureties in a

property bond shall be as follows:

(a) Each must be a resident owner of real estate within the Philippines;

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(b) Where there is only one surety, his real estate must be worth at least the amount
of undertaking;

(c) If there are two or more sureties, each may justify in an amount less than that
expressed in the undertaking but the aggregate of the justified sums must be
equivalent to the whole amount of the bail demanded.

In all cases, every surety must be worth the amount specified in his own undertaking
over and above all just debts, obligations and properties exempt from execution.

Justification of sureties. – Every surety shall justify by affidavit taken before the
judge that he possesses the qualification prescribed in the preceding section. He
shall describe the property given as security, stating the nature of his title, its
encumbrances, the number and amount of other bails entered into by him and still
undischarged, and his other liabilities. The court may examine the sureties upon oath
concerning their sufficiency in such manner as it may deem proper. No bail shall be
approved unless the surety is qualified.

3. Deposit of cash as bail. – The accused or any person acting in his behalf
may deposit in cash with the nearest collector of internal revenue or provincial, city,
or municipal treasurer the amount of bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case. Upon submission of a proper certificate
of deposit and a written undertaking showing compliance with the requirements of
section 2 of this Rule, the accused shall be discharged from custody. The money
deposited shall be considered as bail and applied to the payment of fine and costs
while the excess, if any, shall be returned to the accused or to whoever made the
deposit.
4. Recognizance. – Whenever allowed by law or these Rules, the court may
release a person in custody on his own recognizance or that of a responsible person.

Conditions of the bail; requirements. – All kinds of bail are subject to the following
conditions:

1. The undertaking shall be effective upon approval, and unless cancelled,

shall remain in force at all stages of the case until promulgation of the judgment
of the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it;

2. The accused shall appear before the proper court whenever required by the
court of these Rules;

3. The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat.

4. The bondsman shall surrender the accused to the court for execution of the
final judgment.

The original papers shall state the full name and address of the accused, the amount
of the undertaking and the conditions required by this section. Photographs (passport

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size) taken within the last six (6) months showing the face, left and right profiles of
the accused must be attached to the bail.

When is Bail a Matter of Right?

All persons in custody shall be admitted to bail as a matter of right, with

sufficient sureties, or released on recognizance as prescribed by law or this Rule

1. Before or after conviction by the Metropolitan Trial Court, Municipal Trial

Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and
2. Before conviction by the Regional Trial court of an offense not punishable by
death, reclusion perpetua, or life imprisonment.

When is Bail Discretionary?

Bail is a matter of discretion upon conviction by the Regional Trial Court of an

offense not punishable by death, reclusion perpetua, or life imprisonment. The
application for bail may be filed and acted upon by the trial court despite the filing of a
notice of appeal, provided it has not transmitted the original record to the appellate
court. However, if the decision of the trial court conviction the accused changed the
nature of the offense from non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.

If the penalty imposed by the trial court is imprisonment exceeding six (6)
years, the accused shall be denied bail, or his bail shall be cancelled upon a showing
by the prosecution, with notice to the accuse, of the following or other similar
circumstances:

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has

committed the crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional
pardon;
4.  That the circumstances of his case indicate the probability of flight if released
on bail; or
5. That there is undue risk that he may commit another crime during the
pendency of the appeal.

The appellate court may, motu proprio or on motion of any party, review the
resolution of the Regional Trial Court after notice to the adverse party in either
case.

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Application:

Instruction: Answer the question comprehensively. Write your answer on a separate

sheet of paper.

1. With a partner of your choice, discuss the qualifications to avail probation,

parole and pardon.
2. In relation to the first question, explain the reasons for disqualification to avail
probation, parole and pardon.

Assessment: Essay

Instruction: On a separate sheet of paper, answer the following:

1. Explain fully the basic concepts, principles and philosophy of the Probation
System.

2. Describe the relationships of the probation administration with the other pillars of
criminal justice system.

3. Discuss the current issues and concerns on Community-based Correction.

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 Unit II
Probation

This lesson introduces students to offender supervision in the community,

with specific focus on the institutions of probation and probation officer. Students
explore the history and foundation of probation in the Philippines, as well as their role
and function within the larger system of corrections and punishment. The practical
daily activities of probation and parole officers are examined, including surveillance,
report-writing, offender evaluation, pre-sentence investigations, and court testimony.

Learning Outcomes:

At the end of this lesson, you are expected to:

1. identify the role of probation and probation officer in the larger system of
corrections and punishment;
2. describe the primary core/duties of probation and probation officers;
3. identify the important personalities in the history of probation.

Activate Prior Knowledge

Instruction: Answer the question comprehensively. Write your answer in a

separate sheet of paper.

 Assume that you are the Judge of the convicted person who was granted of
unconditional pardon, do you still want the probation officer to supervise the
grantee while on unconditional pardon? Justify your answer.

Lesson 1

A. Probation-Definition

Probation as a term is derived from the Latin verb “probare” which

mean to prove or to test, which was coined by John Augustus. The law defined
probation as a disposition, under which a convicted individual is released subject to
the condition imposed by the Court and to the supervision of a probation officer.

Basic Precepts and Concepts on Probation

1. As a system of instruction – the probationer will be placed under the

supervision of probation officer who shall be directly in charge of supervising
and monitoring the progress of the rehabilitation program based on the
conditions imposed by the court. Such control of the court shall be considered
continuing in character until such time that the court orders the discharge
from probation of the convict.

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2. Suspended Imposition of Sentence – probation consists of the conditional
suspension of the execution of sentence while the convict is placed under
supervision and is given individual guidance and treatment programs.
3. Provision for individualize Treatment Program – the basic purpose for
probation is to provide an individualized treatment program offering a first
time or unhardened convict as an opportunity to be rehabilitated without
institutional confinement or imprisonment, under the tutelage of a probation
officer and under the continuing power of the court to impose institutional
punishment for his original offense in the event that he abuse such
opportunity, and courts have a wide discretion to accomplish such intent.

Predecessors of Probation

1. Money Compensation – which is a precursor of our use of fines and

restitution today, introduced by the Laws of Babylon, Greece and Rome, for
those crimes which did not affect the safety of the state. Slaves having
nothing of value to offer as compensation received unmitigated cruel
punishments.
2. Cities of Refuge – sanctuaries where the accused was safe pending an
investigation of his criminal responsibility, introduced by the Jewish law for
those who killed without premeditation. The Jews also gives some
consideration for the individual in lesser penalties for impulsive offenses than
for planned murder.
3. Benefit of the Clergy – seems to be earliest device for softening brutal
severity of punishment. Dating back to reign of Henry II in the 13 th century, it
originated in a compromise with the Church which had maintained that a
member of the clergy brought to trial by a King’s Court might be claimed from
that jurisdiction by the bishop or chaplain representing him, on the ground that
he, the prisoner, was subject to authority of the ecclesiastic courts only.
Note: the benefit resulting from the compromise which maintained of
jurisdiction in the King’s Court was greater leniency in sentencing, and
particularly escapes from death penalty.
4. Judicial Reprieve – a temporary withholding of sentence, practiced by the
English Court in the early 17th century, where they grant reprieves to
prisoners under sentence of death on condition that they accept
deportation/transportation.
5. Banishment – any description of the treatment of crime in England must
include the system of transportation to her colonies, which grew from the
ancient practice of banishment and flourished for more than 200 years as a
principal method of disposing of offenders.
6. Recognizance – the direct ancestor of probation, means “binding over for
good behaviour.” An ancient practice developed also in England in the 14 th
century, originated as a measure of preventive justice, involving an obligation
or promise, sworn to under court order by a person not yet convicted.

Note: Sureties or bail were usually required and the person who stood surety
had the power and the duty to enforce the conditions and return the offender

13
 to court if he committed an offense during the specified period or failed to
comply with other conditions of his release.

B. Evolution of Probation
 Harsh punishments were imposed on adults and children alike for offenses
that were not always of a serious nature during the Middle Ages. Sentences
such as branding, flogging, mutilation, and execution were common. During
the time of King Henry VIII, for instance, no less than 200 crimes were
punishable by death, many of which were minor offenses.
 This harshness eventually led to discontent in certain progressive segments
of English society that were concerned with the evolution of the justice
system. Slowly but resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain
from applying statuses or opt for a lenient interpretation of them; stolen
property could be devalued by the court so that offenders could be charged
with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered offenders a degree of protection from the
enactment of harsh sentences.
 Eventually, the courts began the practice of “binding over for good
behaviour,” a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain
courts began suspending sentences.
 In the United States, particularly in Massachusetts, different practices were
being developed. “Security for good behaviour,” also known as “good
behaviour. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were “laid on file” or
held in abeyance. To mitigate unreasonable mandatory penalties, judges
often granted a motion to quash based upon minor technicalities or errors in
the proceedings. Although these American practices were precursors to
probation, it is the early use of recognizance and suspended sentence that
are directly related to modern probation.

Lesson 2: Pioneers in the field of Probation

Two main individuals closely associated for the establishment of Probation

1. Matthew Davenport Hill, an 18th-century English barrister and judge; and

2. John Augustus, a 19th-century Boston boot-maker.

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 Matthew Davenport Hill (1792-1872)
Father of Probation in England
(http://www.oxforddnb.com)

 English lawyer and penologist

 Born on the 6th of August 1792, at Birmingham
 As a young professional in England, Hill had witnessed the sentencing
of youthful offenders to one-day terms, on the condition that they will
be returned to a parent or guardian who would closely supervise them.
 When he eventually became the Recorder of Birmingham, a judicial
post, he used a similar practice for individuals who did not seem
hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians
who willingly took charge of them.
 Hill had police officers pay periodic visits to these guardians in an
effort to track the offender’s progress and keep a run

John Augustus (1785-1859)

Father of Probation
(http://www.google.com.ph)

 Augustus was born in Woburn, Massachusetts in 1785.

 Recognized as the first true probation officer
 By 1829, he was a permanent resident of Boston and the owner of a
successful boot-making business.

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 It was undoubtedly his membership in the Washington Total
Abstinence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abusers
of alcohol could be rehabilitated through understanding, kindness, and
sustained moral suasion, rather than through conviction and jail
sentences.
 In 1841, John Augustus attended police court to bail out a "common
drunkard," the first probationer. The offender was ordered to appear in
court three weeks later for sentencing. He returned to court a sober
man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.
 Augustus thus began an 18-year career as a volunteer probation
officer. Not all of the offenders helped by Augustus were alcohol
abusers, nor were all prospective probationers taken under his wing.
Close attention was paid to evaluating whether or not a candidate
would likely prove to be a successful subject for probation. The
offender's character, age, and the people, places, and things apt to
influence him or her were all considered.
 Augustus was subsequently credited with founding the
investigations process, one of three main concepts of modern
probation, the other two being intake and supervision. Augustus, who
kept detailed notes on his activities, was also the first to apply the term
"probation" to his method of treating offenders.
 By 1858, John Augustus had provided bail for 1,946 men and
women. Reportedly, only 10 of this number forfeited their bond, a
remarkable accomplishment when measured against any standard.
His reformer's zeal and dogged persistence won him the opposition of
certain segments of Boston society as well as the devotion and aid of
many Boston philanthropists and organizations.
 The first probation statute, enacted in Massachusetts shortly after
this death in 1859, was widely attributed to his efforts.
 Following the passage of that first statute, probation spread gradually
throughout the United States. The juvenile court movement
contributed greatly to the development of probation as a legally-
recognized method of dealing with offenders. The first juvenile court
was established in Chicago in 1899. Formalization of the intake
process is credited to the founders of the Illinois juvenile court. Soon
after, 30 states introduced probation as a part of the juvenile court
procedure. Today, all states offer both juvenile and adult probation.

16
D. Other Important Persons and Events in the History of Probation

Governor Alexander H. Rice (1818-1895)

30th Governor of Massachusetts
(http://en.wikipedia.org)

Gov. Alexander H. Rice signed the first probation law that was passed by the
legislature of Massachusetts on April 26, 1878. The law provided for the appointment
and prescribed the duties of a salaried probation officer for the courts of Suffolk
Country.

Note: The first practical demonstration of probation, the first use of term as a court
service, and enactment of the first probation law occurred in Massachusetts.

Edward H. Savage
(http://en.wikipedia.org)

 An ex-chief of Police Boston named as the first probation officer.

 Director of Massachusetts Board of State Charities and Corrections, reported

in an address that the result of probation in cases of juvenile offenders proved
so decisively good that the legislature authorize the City of Boston to appoint
a probation officer for adults at the session of the legislature of the present
year, a statute was enacted permitting the appointment of a probation officer
for adult offenders in every city and town in the state.

17
 Gardner Tufts (1880)
(http://en.wikipedia.org)

 Vermont Act of 1898 – second law on probation in the history was enacted
in Vermont. Many features of the Massachusetts law were incorporated with
several innovations. Vermont was the first to adopt the country plan. Each
country court was required to appoint a probation officer whose duty it was to
make investigation of accused persons at the request of any court. They are
authorized to recommend that such persons, if convicted, be placed on
probation.
 All courts were permitted to use probation in any case regardless of age or
offense, after conviction and imposition of sentence, for such time and upon
such conditions as it may prescribe. Thus, Vermont unlike Massachusetts
provided for probation only after suspension of sentence.
 An important provision was added that the compensation of each probation
officer shall be determined by the court that appointed him, and shall be paid
from the state treasury on vouchers approved by the said court. An unusually
liberal provision, quite the opposite of the requirement in Massachusetts and
other states that the probationers must pay trial costs, permitted the officer to
spend for their temporary support and travelling expenses. Such reasonable
sum as the court may deem expedient to be repaid to the officer out of the
state treasury on vouchers approved by the court.
 In 1899, Rhode Island – the third state that passed probation law. A
completely state-administered system appeared first in Rhode Island. The Act
of 1899 empowered the Board of State Charities and Corrections to appoint a
state probation officer and additional probation officers, "at least one of whom
be a woman”. To serve all courts in the state. The courts were authorized at
any time before sentence to provisionally place any offender, juvenile or adult,
who can lawfully be admitted to bail, except persons charged with treason,
murder, robbery, rape, arson or burglary, under the control and supervision of
a probation officer.
 New Jersey – The fourth state to pass a general probation law after the New
England model in 1900
 New York – The fifth to provide for adult probation.
 In 1900 – soon after his appointment as secretary of the Prison Association of
New York, Sammuel June Barrows began to campaign for a probation law.

18
 His interest stemmed from his work in Boston where he had seen the effect of
probation law. A Unitarian minister and editor of the Christian Register, he
became in 1889, one of the founders of the Massachusetts Prison
Association, which took an active part in extending probation in that state. A
practical humanitarian, he thought it a great pity to send so many persons
found guilty of crime to prison.
Note: The British Probation of First Offender Act of 1887 and Missouri
Parole/Probation Law of 1897 are not considered as probation laws. The
reason for this is that the no provision in the above stated laws that provides
for supervision of offenders upon their release for the said privileges.

Calvin Coolidge (1872-1933)

30th U.S. President
(http://www.google.com.ph)

 Calvin Coolidge – United States of America President who signed the

Federal Probation Act which is effective on March 4, 1925.

John Marshall (1801-18350

US Chief Justice
(http://www. Supremecourthisotry.org)

19
  John Marshall – United States Chief Justice who used his discretion in
modifying the prescribed penalties and gradually developed more humane
methods of dealing with violators of law.

E. History of Probation in the Philippines

1. Probation was first introduced in the Philippines during the United States|
American colonial period (1898–1945) with the enactment of Act No. 4221 of
the Congress of the Philippines (Philippine Legislature) on August 7, 1935.
This law created a Probation Office under the Department of Justice.
2. On November 16, 1937, after barely two years of existence, the Supreme
Court of the Philippines declared the Probation Law unconstitutional because
of some defects in the law's procedural framework.

Teodulo C. Natividad
Father of Probation in the Philippines
(http://www.probation.gov.ph)
3. In 1972, House Bill No. 393 was filed in Congress by Congressman Teodulo
Natividad (considered as the father of Probation in the Philippines) of
Bulacan, which would establish a probation system in the Philippines. This bill
avoided the objectionable features of Act 4221 that struck down the 1935 law
as unconstitutional. The bill was passed by the House of Representatives, but
was pending in the Senate when Martial Law was declared and Congress
was abolished.
4. In 1975, the National Police Commission Interdisciplinary drafted a Probation
Law. After 18 technical hearings over a period of six months, the draft decree
was presented to a selected group of 369 jurists, penologists, civic leaders
and social and behavioural scientists and practitioners. The group
overwhelmingly endorsed the establishment of an Adult Probation System in
the country.

20
 Ferdinand E. Marcos (1917-1989)
(http://www.google.com.ph)

5. On July 24, 1976, Presidential Decree No. 968, also known as Adult
Probation Law of 1976, was signed into Law by the late President Ferdinand
E. Marcos.
6. The start-up of the probation system in 1976-1977 was a massive
undertaking during which all judges and prosecutors nationwide were trained
in probation methods and procedures; administrative and procedural manuals
were developed; probation officers recruited and trained, and the central
agency and probation field offices organized throughout the country. Fifteen
selected probation officers were sent to [[United States]] for orientation and
training in probation administration. Upon their return, they were assigned to
train the newly recruited probation officers.
7. 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.

Application:

Instruction: Answer the question comprehensively. Write your answer in a

separate sheet of paper.

 Non-Institutional Correction also refers to rehabilitation through community

involvement. What are the programs or activities your current community
may employ in case these situations occur? You may ask the Barangay
officials in your community.

21
Assessment: Essay

On a separate sheet of paper, answer the following:

1. Identify the role of probation and probation officer in the larger system of
corrections and punishment.

2. Describe the primary core duties of probation and probation officers;

3.Identify the important personalities in the history of probation.

22
 Unit III
THE PROBATION LAW OF THE PHILIPPINES
(Presidential Decree No. 968, As Amended by RA 10707)

Probation was first introduced in the Philippines during the American

colonial period (1898–1945) with the enactment of Act No. 4221 of the Congress of
the Philippines Legislature on August 7, 1935. This law created a Probation Office
under the Department of Justice. On November 16, 1937, after barely two years of
existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress of the Philippines, which
would establish a probation system in the Philippines. This bill avoided the
objectionable features of Act 4221 that struck down the 1935 law as unconstitutional.
The bill was passed by the House of Representatives of the Philippines, but was
pending in the Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a

Probation Law. After 18 technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurists, penologists, civic leaders
and social and behavioural scientists and practitioners. The group overwhelmingly
endorsed the establishment of an Adult Probation System in the country.

Learning Outcomes:

Upon completion of the lesson, you are expected to:

1. discuss the effect of filing and receipt of the application for probation
2. enumerate the legal implication of the issuance by the court of Final
Discharge order for probation
3. identify the different benefits of probation

Activate Prior Knowledge:

Instruction: Answer the question comprehensively. Provide a separate sheet for

your answers.

 How many times one can be granted probation?

23
Lesson 1: PHILIPPINE PROBATION LAW
(PD 968, July 24, 1976)

On July 24, 1976, Presidential Decree No.968 was promulgated. This law
applies to adult convicts and first time minor drug offenders by virtue of RA 9165
particularly Section 70, the law which is more popularly known as the Comprehensive
Dangerous Drugs Act of 2002, and child in conflict with the law (CICL) under Section
42 of RA 9344 or the Juvenile Justice and Welfare Act of 2006.
However, PD 968 was subjected to amendment of other statues these
amendatory laws are as follows:

1. Presidential Decree No 1257 – effective upon issuance on December 1, 1977

amending Sections 4, 7 paragraph (1), 15, and 33 of PD 968;
2. Batas Pambansa Blg. 76 – effective upon approval by the President on June
13, 1980 amending Section 9 of PD 968;
3. Presidential Decree No.1990 – promulgated on October 5, 1985 and took
effect on January 15, 1986, after 15 days from the date of its publication in
the Official Gazette (December 30, 1985). This law amended Sections 4 and
9 of PD 968;
4. Republic Act No.10707, An Act Amending Presidential Decree No. 968, as
Amended – this Act which is a consolidation of Senate Bill No. 2280 and
House Bill no. 4147 was passed by the senate and the House of
Representatives on September 15, 2015 and September 14, 2015,
respectively. It is approved on November 26, 2015 by President Benigno S.
Aquino III
5. Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 –
amended Section 4 of PD 968 to read as follows:
“Section 42. Probation as an Alternative to Imprisonment – the court
may, after it shall have convicted and sentence a child in conflict with the law,
and upon application at any time, place the child on probation in lieu of
service of her/his sentence taking into account the best interest of the child.
For this purpose, Section 4 of Presidential Decree No. 968, otherwise known
as the “Probation law of 1976,” is hereby amended accordingly.”

Other laws prescribing disqualifications for Probation:

6. Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881)
disqualification for probation even the penalty of imprisonment is within the
coverage of PD No.968.
“Section 264. Penalties – any person found guilty of any election
offense under this Code shall be punished with imprisonment of not less than
one year but not more than six years and shall not be subject to probation.”
7. Wage Rationalization Act (Republic Act No. 6727)
“Section 12. Any person, corporation, trust, firm, partnership,
association or entity which refuses or fails to pay any of the prescribed
increase or adjustments in the wage rates made in accordance with this Act
shall be punished by a fine not less than twenty five thousand pesos (25,000)

24
 nor more than one hundred thousand pesos (100,000) or imprisonment of not
less than two years nor more than four years, or both such fine and
imprisonment at the discretion of the court: Provided, that any person
convicted under this Act shall not be entitled to the benefits provided for under
the Probation Law,”
8. Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
“Section 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers – Any person convicted for drug trafficking and
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, as amended.”

However, Sections 57 and 70 of RA 9165 requires the applicability of the

Probation Law
9. Probation and Community Service Under the Voluntary Submission Program
“Section 57. Probation and Community Service under the Voluntary
Submission Program. – A drug dependent who is discharged as rehabilitated
by the DOH-accredited Center through the voluntary submission program, but
does not qualify for exemption from criminal liability under Section 55 of this
Act, may be charged under the provisions of this Act, but shall be placed on
probation and undergo a community service in lieu of imprisonment and/or
fine in the discretion of the court, without prejudice to the outcome of any
pending case filed in court.
Such drug dependent shall undergo community service as part of
his/her after-care and follow-up program, which may be done in coordination
with nongovernmental civic organizations accredited by the DSWD, with the
recommendation of the Board.
10. Section 58. Probation or Community Service for a First-Time Minor Offender
in lieu of Imprisonment
“Section 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing
law on probation, or impose community service in lieu of imprisonment. In
case of probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of
Pardons and Parole and the Probation Administration. Upon compliance with
the conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions,
time and place as may be determined by the court in its - 38 - discretion and
upon the recommendation of the Board and shall apply only to violators of
Section 15 of this Act. The completion of the community service shall be
under the supervision and rehabilitative surveillance of the Board during the
period required by the court. Thereafter, the Board shall render a report on
the manner of compliance or said community service. The court in its

25
 discretion may require extension of the community service or order a final
discharge.
In both cases, the judicial records shall be covered by the
provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the
period spent in the Center by the accused during the suspended sentence
period shall be deducted from the sentence to be served.”

Implied applicability of the Probation Law

11. Optical Media Act of 2003 (RA 9239) repealed PD 1987 or An Act Creating
the Videogram Regulatory Board.
There is an express provision under PD 1987 that the Probation Law
shall not apply in cases of its violations. However under RA 9239, there is no
longer a provision that clearly excludes the application of the Probation Law in
case of its violations. Hence, since the latter law is more favourable to the
convict and applying the purpose and intention of the Probation Law, persons
who are convicted for violating this law shall be allow to be placed on
probation.

A. The purpose of the Philippine Probation Law:

1. Promote the correction and rehabilitation of an offender by providing him
with individualized treatment;
2. Provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses.

Other purposes:
1. To establish a more enlightened and humane correctional systems that will
promote the reformation of offenders and thereby reduce the incidence of
recidivism; and
2. To avoid confinement of all offenders in prisons and other institutions for
rehabilitation that surely constitutes an onerous drain on the financial
resources of the government.
Notes:
 As an individualize and community-based treatment- Probation created a
relationship between the probationer and a probation officer, the latter
exercising supervision over the former. This relationships assumes the
willingness of the probationer to be placed on probation.
 Probation supervision implies a systematic guidance and assistance of the
probation officer for personalized treatment for the probationer. This
constitutes the probationary treatment. A community-based treatment
underlines the goal of re-integrating the probationer into the mainstream of
society. Hence, community involvement and support are important for the
development, recreation, education and other treatment and prevention
programs aimed at reducing the alienation of the probationer from the
community.
 As an opportunity for reformation Section 2 (b) the concept of probation as an
opportunity for reformation. The basis for such assertion is the idea that

26
 probation is a humane correctional treatment of offenders. Inherently, the
concept recognizes the lesser probability of reformation if a duly convicted
and sentenced offender is incarcerated thereby directly causing disruption of
his normal family and social relationships. The opportunity to reform and
assume a normal life is greatly enhanced when the offender is released, after
conviction and sentence, to the custodial supervision of a probation officer. At
this juncture, it must be noted that only offenders who are likely to respond to
individualized and community-based treatment programs can avail of
probation. It is the ultimate goal of probation that probationers be productive
members of the society thereby assuming family as well as community
responsibilities.
 To prevent the commission of offense – Probation is an alternative to
incarceration. It represents an enlightened and humane correction system.
Recognizing the likelihood that crime is an outgrowth of a situation such as
family problem or unemployment or the likelihood that the crime is
significantly related to other condition such as when the offender is suffering
from a mental illness or psychological abnormality. Probation seeks to correct
archaic belief that incarceration deters commission of crimes. The means to
achieve such is through individualized and community-based treatment.
Moreover, long term imprisonment tends to erode the offender’s capacity for
responsibility and capability to assume a respectable social life. The objective
of probation therefore, is for the protection and welfare of the society through
prevention of the commission of crime.

B. Advantages of Probation
1. It prevents crime by giving freedom and rehabilitation only to those convict
who are not likely to re-commit violation of penal laws.
2. It protects the society by placing the probationer under supervision of
probation officer.
3. It conforms to the concept of restorative justice.
4. It gives another chance in life and provides opportunity to be rehabilitated
to the penitent convict.
5. It prevents first time convict to become hardened criminal.
6. More economical or less costly on the part of the government.
7. Provides solution of overcrowded jail and prison facilities.
8. It restores successful probationers his civil rights.
9. It makes the probationer a taxpayer instead of tax eater.

C. Statutory Attributes of Philippine Probation System:

The probation system established in the Philippine has at least three
important characteristics that make it different from other probation systems
of other jurisdictions.
1. It is a “once in a lifetime affair, meaning that a convicted person can
only avail the privilege of a probation once in his lifetime. If he is convicted
again, such person can no longer avail himself of another probation.
However, in Western countries, a person can avail of probation as many
times as he is convicted of violating penal laws.

27
 2. Selective application, Probation is made available only to those
convicted of certain crimes. Crimes against national security, like treason
and espionage are excluded. Those who are sentenced to prison terms of
more than six years are also excluded from the probation privilege.
3. Persons under probation retain their civil rights, like the right to vote,
or practice one’s profession, or exercise parental or marital authority. In
most Western countries, in order that a person who had undergone
probation may be restored his civil rights, he must initiate separate court
proceedings. It is relevant to notice that Presidential Decree No 968 is a
legal framework which will serve as basis for the implementation of the
probation system in the country.
4. The suspension of the execution of sentence is conditional, violations
of any of the condition may cause revocation of the privilege.
5. Conditions of probation to be imposed by the court to protect public
safety and to foster the rehabilitation and reformation of the
probationer.
6. Jurisdiction of the court is continuing in character.
7. Post Sentence Investigation Report is mandatory, which will serve as
informational guide for the court’s decision in granting or denying the
same.
8. Supervision, guidance and assistance by the Probation Officer over
the probationer.

Basic Guidelines for Probation Application

 Filing. - Application for probation shall be filed with the Trial Court which has
jurisdiction over the case.
 Time for Filing. - 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.
 Notice to the Prosecuting Officers of the Filing of the Application. - 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.
 Comment. - 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.
 Referral to Proper Probation Office. - 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) on
the applicant and submit the Post-Sentence Investigation Report (PSIR)
within sixty (60) days from receipt of the order of said court to conduct such
investigation with findings and recommendation as stated in PD 968, as
amended.
 Docket Book. - All court orders for PSI, copies of which were received by the
Probation Office, shall be numbered consecutively in the order received by
said Office and recorded in its Docket Book for the purpose, indicating

28
 therein, among others, the date of receipt thereof, court, its branch and
address, applicant's name, criminal case number, description/designation of
the offense, penalty imposed, and other related data and information.
 Corollary to this, 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.

Effects of filing of Application for Probation

 The Trial Court may, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgment.
 Pending the submission of the PSIR (PPA Form 3) and the resolution on the
application, the applicant may be allowed on temporary liberty under his bail
filed in the criminal 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.
Note: Recognizance is a mode of securing the release of any person in
custody or detention for the commission of an offense who is unable to post
bail due to abject poverty. The court where the case of such person has been
filed shall allow the release of the accused on recognizance as provided
herein, to the custody of a qualified member of the barangay, city or
municipality where the accused resides.
Post-sentence Investigation (PSI) – No person shall be placed on probation except
upon prior investigation by the probation officer and a determination by the court that
the ends of justice and the best interest of the public as well as that of the applicant
for probation will be served thereby.
Note:
 Post Sentence Investigation it is a pre-requisite in granting probation.
The court has no jurisdiction to render decision whether to grant or
deny the application in the absence of PSI.
Period for Submission of Investigation Report. The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt
of the order of said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal
case; Provided, That, in case where no bail was filed or that the defendant is
incapable of filing one, the court may allow the release of the defendant on recognize
the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court.

Purpose of Post Sentence Investigation Report (PSIR)

29
 To an able the trial court to determine whether or not the ends of justice and
the best interest of the public primarily, as well as that of the applicant, would be
served by the grant or denial of the application.
Notes:
 Within 60 days from receipt of the order of the court – Probation officer
shall conduct Post Sentence Investigation.
 Within 5 days from receipt of the Post Sentence Investigation Report-
the court shall resolve the petition for probation.
 Bail may be allowed during the pendency of the investigation or
pending resolution for probation.
 No need to post additional bail, the same bail posted for criminal case
may be used.
 Recognizance may be allowed when the applicant for probation is
incapable to post bail. Rule under the Revised Rules on Criminal
Procedure is applicable.

Nature and Character of Post-Sentence Investigation Report

It is a recommendatory in nature and persuasive in character addressed to
the sound discretion of the trial court considering that the denial or grant of probation
is a judicial function.

Full Blown Courtesy Investigation (FBCI)

Is a general courtesy investigation from another city or provincial parole and
probation office, which request for a complete PSIR on a petition for probation
pending referral investigation in the Probation Office of origin.

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commission of
the crime and/or a permanent resident of another place
2. He spent his pre-adolescent and/or adolescent life in the province or city of
origin
3. He attended and/or finished his education thereat
4. His immediate family members, collateral informants or disinterested persons
and officials who can best authenticate the inter-family relationship,
upbringing, behaviour of the applicant for probation in the community are
residents of the place of his origin.
Notes:
 As a general rule, No application for probation shall be entertained or
granted if the defendant has perfected the appeal from the judgement of
conviction such appeal will serve as a disqualification for probation.
 Exception to general rule is that, when a judgement of conviction
imposing a non-probationable penalty is appealed or reviewed, and such
judgement 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 judgement of conviction imposing a non-probationable penalty

30
 was rendered, or in the trial court where such case has since been re-
raffled (Section 1 of RA 10707).

Nature of Probation: Effect of the Grant of Probation

1. Probation is but a merely privilege and as such, its grant or denial rests solely
upon the sound discretion of the trial court. After its grant it becomes a
statutory right and it shall only be cancelled or revoked for cause and after
due notice and hearing.
2. The grant of probation has the effect of suspending the execution of
sentence. The trial court shall order the release of the probationer’s cash or
property bond upon which he was allowed temporary liberty.

When Probation order become Effective

It shall take effect upon its issuance at which time the court shall inform the
offender of the consequences 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.

Persons Disqualified to be placed on Probation (based on RA 10707)

“Section 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.”
Notes:
 Sentenced to serve a maximum term of imprisonment of more than six (6)
years;
 Convicted of any crime against the national security (such as treason,
espionage and piracy);
 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);
 Even if at the time of conviction the accused was qualified for probation but at
the time of his application for probation, he is no longer qualified, he is not
entitled for the grant of probation. The qualification for probation must be
determined as of the time the application is filed in court.
 The law enumerates who are disqualified from being allowed to avail of
probation, and the application for probation of one who does not come under
any of these disqualifications should be granted (Santos vs Paṅo, 120 SCRA
8)

Period of Probation

31
 The period of probation of a convict 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 (Section 14-a, PD 968 as amended).
When the sentence imposes a fine only and the convict is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be
less than nor 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 (Section
14-b, PD 968 as amended)
Notes:
 Subsidiary penalty is to be imposed if the convict has no property with
which to meet the fine. He shall be subject to a subsidiary personal
liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the time of
the rendition of judgement of conviction by the trial court. (Article 39,
Revised Penal Code).
 When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have
been prosecuted for a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony (Article 39-2, Revised Penal
Code)
 The period of probation may either be shortened or made longer, but
not to exceed the period set in the law. There is so because the
period of probation is deemed the appropriate period of rehabilitation
of the probationer. A major role is played by the probation officer in
the release of the probationer because he is the one in the best
position to report all information relative to the conduct of mental and
physical condition of the probationer in his environment and existing
institutional and community resources that he may avail himself of
when necessary (Bala vs Martinez, 181 SCRA 459).

Arrest of Probationer; Subsequent Dispositions

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. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be appealable.
Section 14 of PD 968 as amended by PD 1257)

Obligations of a Probationer:

32
 1. Present himself to the probation officer within 72 hours from receipt of
probation order.
2. Report himself to the probation officer at least once a month during the period
of probation.
3. Not to violate the conditions of his probation.

Lesson 2: Volunteer Probation Aides

1. Mission
To promote the rehabilitation and development of Parole and Probation
Administration Clients through a competent corps of volunteers using a holistic
approach in volunteer and community resource development.
2. Status
The volunteer probation aides do not receive any regular compensation for services
rendered except for a reasonable travel allowance when they supervise an assigned
probationer, parolee at a maximum of five clients. They hold office for a period of five
years.

3. Main Tasks
(a) To amplify the extent of services rendered to the clients in an effective yet
economical means through the use of volunteers;
(b) To develop a competent corps of Volunteer Probation Aides who will assist Parole
and Probation Administration Officers in the effective supervision of its clients;
(c) To inculcate greater citizen awareness and understanding of the criminal justice
system and its components;
(d) To enhance community participation in crime prevention, treatment of offenders
and criminal justice administration; and
(e) To foster an attitude of meaningful involvement in the social, economic, cultural
and political affairs of the community.

4. Appointment/Recruitment
A. Strategies for Recruitment
1. Public Information Campaign/Information Drive
a. Identification of possible candidates through personal invitation, informal interview,
referrals, letters to interested applicants from all sectors.
b. Conduct preparatory meetings with field officers on information drives.
c. Schedule orientation or briefing of potential Volunteer Probation Aide candidates.
d. Aim for quality candidates rather than quantity
e. Recruit individually rather than in a group.

2. Establishment of Linkages
a. Referral system
b. Courtesy calls to heads of organizations (GO/NGO) regarding Volunteer Probation
Aide
Program Identification and Exploration of Possible volunteers during field work or
home visits to clients.

3. Preference in Recruitment

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a. Seek candidates with character, competence and commitment
b. Seek candidates with strong involvement in community, civic, social or religious
affairs
B. Screening/Selection of Volunteer Probation Aides
1. Qualifications of Volunteer Probation Aides
a. Preferably 35 years or older
b. A reputable member of the community and of good moral character
c. Preferably a resident of the same community as the client
d. Preferably with adequate source of income or financially stable
e. Willing to serve without compensation
f. Willing to prepare reports
g. No criminal record or conviction except former clients with exemplary behavior
who are fit to be role models.
h. In good health

2. Requirements
a. Duly completed Volunteer Probation Aide application form with two ID pictures
b. Certification of Barangay Chairman as to place of residence
c. Endorsement of and/or certification of Chief of Probation and Parole Officer/Officer
in Charge based on background investigation.
d. Recommendation of the Regional Director/Regional Officer-In-Charge

3. Appointment Procedure
a. Candidate accomplishes the Volunteer Probation Aide application form
b. Officer conducts background investigation
c. Chief of Probation and Parole Officer/Officer-in-Charge endorses application with
required
documents to the Regional office.
d. Regional Director/Regional Officer-in-Charge recommends application to the
Administrator.
e. Community Service Division reviews and evaluates application form and
attachments, and
prepares appointment.
f. Administrator signs appointment for a five year term.
g. Community Service Division officially notifies the Regional Directors of Volunteer
Probation
Aide’s appointment
h. Department of Justice Secretary attests appointment
i. Volunteer Probation Aide takes an Oath of Office administered by the Chief of
Probation and
Parole Officer/Officer-in-Charge concerned.
j. Parole and Probation Administration issues Volunteer Probation Aide Identification
Card to
be surrendered upon termination or revocation of appointment, or upon renewal of
Identification Card.

4. Capacity Building and Training

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 The training course is focused on the areas where the Volunteer Probation Aide
needs some knowledge, namely:
a. Probation―The mandate, objectives, principles and methods as embodied in
Presidential
Decree No. 968 and its amendments.
b. Basic Volunteer Probation Aide Course―The rationale for volunteer services,
mechanics of probation supervision work, duties, and functions and responsibilities of
a volunteer probation aide.
c. Therapeutic Community Modality
d. Restorative Justice

Terms and Conditions of Probation

Two kinds of conditions in probation: (1) mandatory; (2) discretionary.

Mandatory or General Conditions

1. To present himself to the Probation Office for supervision within 72 hours
from receipt of the probation order
2. To report to the assign probation officer at least once a month during the
period of probation at such time and place as may be specified by the
Probation Office.

Discretionary or Special Conditions

1. Cooperate with his program of probation treatment and supervision;
2. Meet his family responsibility;
3. devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
4. Undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;
5. Comply with a program of payment civil liability of the offended party or his
heirs, when required by the trial court of as embodied in its decision or
resolution;
6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction, recreation or residence
of persons on probation;
8. refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverages to excess;
10. Permit to probation officer or an authorized social worker to visit his home and
place or work;
11. Reside at premises approved by it and not to change his residence without its
prior written approval; or
12. 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.

Supervision of Probationers
The primary purposes are as follows:

35
 1. To ensure the probationer’s compliance with the probation conditions and the
prescribed probation treatment and supervision program/plan;
2. To manage the process of the probationer’s rehabilitation and reintegration
into the community; and
3. To provide guidance for the probationer’s transformation and development
into a useful citizen for his eventual reintegration to the mainstream of society.

Principles, Goals and Objectives of Probation

It is the considered opinion of most correctional authorities that probation is
one of the most effective and economical tools which society now has available
for the care, treatment and rehabilitation of certain adult and juvenile offenders
against the law.
Presidential Decree No. 968 otherwise known as the Probation Law of 1976
recognizes such trend. However, the Decree separates adult probation from juvenile
probation for it expressly excludes those entitled to the benefits under the provisions
of Presidential Decree No.603, known as the Child and Youth Welfare Code, and
similar laws. Statements of the principles, goals and objectives of the Probation Law
are found in its Preamble.

Essential goals of Probation

1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment
programs instead of imprisonment;
5. It is limited only to offenders who are likely to respond to probation favourably;
and
6. It is economical or less costly than confinement to prisons and other
institutions with rehabilitation programs.

The Basic Legal Concept of Probation (Two-fold Concepts):

1. As a conditional suspension of the execution of sentence; and,
2. As a personal care or treatment and supervision over the probationer.
The former denotes that the court assumes a primary role because a grant of
probation is judicial function and prerogative. The latter indicates the administrative
aspect of probation through the supervision of a probation officer and from the point
of view of social workers, a social casework treatment.

The court dual role in probation:

1. When it acts in accordance with the jurisdiction it acquires over the accused
and proceeds to determine his guilt. Assuming an affirmative finding of the
offender’s guilt beyond reasonable doubt, the court would convict and
sentence said offender.
2. When the court determines whether or not to grant probation upon application
of the offender. Sections 3 (a) and 4 of the Decree clearly showed this
purpose. The Decree defines probation in Section 3 as “a disposition under

36
 which the defendant, after conviction and sentence, is released subject to the
conditions imposed by the court and to the supervision of a probation officer.

In case of violation is committed by the Probationer:

The court, after considering the nature and seriousness of the violations of
probation, may issue a warrant for the arrest of the probationer. He is then brought to
the court immediately for hearing, which is summary. If violation is established, the
Court may revoke or continue the probation and modify the conditions thereof. If
revoked, the probationer shall be ordered to serve the sentence originally imposed
and shall commit the probationer. The order of the court is not appealable (Re:
Section 15 of PD 968 as amended).

Termination of Probation (Section 3 of RA 10707 amended Section 16 of PD 968)

“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.

Final Discharge of probation and its implications: (Section 3 of RA 10707)

“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.”

Privilege and Confidential Nature of Probation Records

The investigation report and the supervision history of a probationer obtained
under this Decree shall be privileged and shall not be disclosed directly or indirectly
to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the
probationer make such disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or rehabilitation of offenders
may, if necessary, obtain copies of said documents for its official use from the proper
court or the Administration.(Section 17 of PD 968 as amended)
Section 29. Violation of Confidential Nature of Probation Records. The penalty of
imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine
ranging from hundred to six thousand pesos shall be imposed upon any person who
violates (Section 29 of PD 968 as amended).

Advantages of Probation:
The implementation of the Probation Law will confer benefits and advantages
not only to society in general but more so on the part of the offender and the
government.
1. For the Society – The philosophy of probation is that the community
responsible for crime and its causation, that individuals can change and
deserve a second chance, and that it is for the greater good of society that
offenders not be summarily eliminated from productive life but brought back to

37
 his fold in the quickest and least traumatic way possible. Concretely, society
is benefited by the probation system owing to the continued presence therein
of erring individuals who, notwithstanding a previous error, are expected to
have turned from their errors and to continue serving the society. A different
situation would result in the incarceration of valuable human resources.
2. For the victim – Probation provides restitution in favour of the victim hence,
justice is considered served.
3. For the Convicts – In the absence of probation as an alternative to
incarceration, a convicted individual would accumulative suffer the loss not
only of family contacts and job, but also, with the mass treatment in prison,
loss of privacy or any privileges requiring exercise of personal freedom of
choice. In addition to stigmatization, disruption of normal familial and other
meaningful relationship, such removal from productive participation in the
labor force results in deprivations for the loved ones and innocent associates
of the convict.
4. For the family of the convicts – it does not deprive the children of their
parents and spouse for her/his husband or wife hence, it maintains the family
united.
5. For the government – the confinement of all offenders in prisons and other
institutions which rehabilitation programs constitutes an onerous drain on the
financial resources of the country. Probation is thus a less costly alternative to
the imprisonment of offenders. Adoption of the system which humanizes
criminal law and penology also demonstrates the government’s adherence to
the principle of human rights. One other tangible benefit of probation is that it
would help relieve congestion in our jails and other institutional corrections.

Application:
Instruction: Answer the questions comprehensively. Provide a separate sheet for
your answers.
1. The offender was convicted previously with light offense. Is he still qualified to
apply for probation? Considering that the crime committed has only a
maximum imprisonment of not more than six years. Explain your answer.

2. Mr. X was convicted for Theft on July 25, 1975, is Mr. X qualified to apply for
probation? Explain.

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Assessment: Essay
On a separate sheet of paper, answer the following:

1. Discuss the effect of filing and receipt of the application for probation
2. Enumerate the legal implication of the issuance by the court of Final Discharge
order for probation
3. Enumerate the different benefits of probation

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 Unit IV
Parole and Probation Administration (PPA)
(Formerly known as Probation Administration)

The start-up of the probation system in 1976-1977 was a massive

undertaking during which all judges and prosecutors nationwide were trained in
probation methods and procedures; administrative and procedural manuals were
developed; probation officers recruited and trained, and the central agency and
probation field offices organized throughout the country. Fifteen selected probation
officers were sent to United States for orientation and training in probation
administration. Upon their return, they were assigned to train the newly recruited
probation officers.

Learning Outcomes:
At the end of the lesson, you are expected to:
1. discuss the different powers and function of PPA Administrator;
2. distinguish Restorative Justice from Traditional Criminal Justice; and
3. explain the concept of therapeutic approaches for the eventual reformation of
offenders.

Activate Prior Knowledge:

Instruction: Write the question comprehensively. Write your answer in separate
sheet of paper.
 Discuss the main objective of probation in your own perspective.

Introduction
Created by virtue of Presidential Decree No. 968, “The Probation Law of
1976”, to administer the probation system. 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.

Lesson 1: Parole and Probation Administration VMGO

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.

40
Mission
To rehabilitate probationer’s parolees and pardonees and promote their
development as integral persons by utilizing innovative interventions and techniques
which respect the dignity of man and recognize his divine destiny.

Mandate
The Parole and Probation Administration is mandated to conserve and/or
redeem convicted offenders and prisoners who are under the probation or parole
system.

Goals
The Administration’s programs set to achieve the following goals:
1. Promote the reformation of criminal offenders and reduce the incidence of
recidivism, and
2. Provide a cheaper alternative to the institutional confinement of first-time
offenders who are likely to respond to individualized, community-based
treatment programs.

Functions
To carry out these goals, the Agency through its network of regional and field
parole and probation offices performs the following functions:

 to administer the parole and probation system

 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders

CORE VALUES
A. Performance
Efficient and effective accomplishment of tasks and targets, beginning with
individual officials and employees and throughout all units in the
organizational hierarchy, linked coherently and progressively toward the
Agency Mission, Vision and strategic goals.
Teamwork - Working together to achieve shared goals.
Resourcefulness and Innovativeness - Exploring resources with ingenuity,
optimizing opportunities with creativity.

B. Professionalism
High level of proficiency on the job resulting from mastery and conscientious
application of appropriate knowledge and skills, honed by sound judgment,
self-discipline and unceasing striving for excellence, and founded on a code
of conduct that respects the dignity of clients and fellowman.
Role Modeling
Serving and inspiring by example.
Professional Excellence
Achieving high standards for ethical and quality service.

C. Accountability

41
 Inherent obligation of every official and employee to answer for decisions,
actions and results within his/her authority, including proper and effective
utilization of resources in support of Agency policies and programs, with
timely, complete and accurate disclosure in required reports.
Responsibility
Achieving expectations, answering for results.
Honesty and Integrity
Being upright and transparent in transactions and relations.

SERVICE OBJECTIVES
1. To provide the courts with relevant and judicious recommendation for
the selection of offenders to be placed on probation.
2. To provide the Board of Pardons and Parole with necessary and
relevant information which can be used in determining a prisoner’s
fitness for parole or any form of executive clemency.
3. To provide the Dangerous Drugs Board with pertinent information and
prudent recommendations for the determination of first-time minor
drug offenders to be placed on suspended sentence.
4. To effect the rehabilitation and integration of the probationers,
parolees, pardonees and first-time minor drug offenders as productive,
law-abiding and socially responsible members of the community.
5. To prevent recidivism and protect the community through a well-
planned supervision of probationers, parolees, pardonees, and first-
time minor drug offenders.
6. To make use of innovative, and financially and technically feasible
projects to uplift the moral, spiritual, and economic condition of
probationers, parolees, pardonees, and first-time minor drug offenders
by utilizing available community resources as much as possible.
7. To continuously assess and improve professional performance in
post-sentence, pre-parole/executive clemency, and suspended-
sentence investigation, case management, and other related work.
8. To periodically review the Probation Law and its implementing rules so
as to reconcile the same with the evolving realities in the field.
9. To assiduously observe and uphold the professional ethics in the
delivery of services.

ADMINISTRATIVE OBJECTIVES
1. To optimize operations through
a. Maximum functioning of existing units according to their respective
duties.
b. Systematic expansion of services, according to the demands of
probation work and available resources
c. Judicious utilization of limited Agency resources so as to obtain
desired results in the best manner possible with the least
expenditures of time, efforts and money.
2. To achieve a united approach to Agency goals through integrated
planning and constant coordination among all units.

42
 3. To develop a more efficient and up-to-date system for the collection,
collation and analysis of data relative to probation, parole and
suspended sentence case loads, and their management.
4. To recruit qualified employees and volunteer aides, and to promote
their continuing professional development.
5. To continuously improve staff and line service through adequate
personnel supervision, relevant research, and periodic evaluation.
6. To generate greater public and inter-agency support for probation
through an integrated and systematic public information program.
7. To actively participate in the government’s jail decongestion program,
and in this connection, to give priority to detention prisoners in our
public information drives.
8. To cooperate and coordinate with other agencies of the government in
the accomplishment of national program thrusts.

Additional Function under RA 9165

By virtue of a Memorandum of Agreement with the Dangerous Drugs
Board Effective August 17, 2005, the PPA performs another additional function of
investigating and supervising first-time minor drug offenders who are placed on
suspended pursuant to Republic Act No. 9165.

Lesson 2
The PPA Administrator
The head of Parole and Probation Administration is known as the PPA
Administrator who shall be appointed by the President. He shall hold office during
good behaviour and shall not be removed except for cause. His/her powers and
duties are as follows:
1. Act as the executive officer of the PPA;
2. Exercise supervision and control over all probation officer;
3. Make annual reports to the Secretary of Justice, in such form as the latter
may prescribe, concerning the operation, administration and improvement
of the probation system;
4. Promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the probation
process;
5. Recommend to the Secretary of Justice the appointment of subordinate
personnel of his Administration and other offices established under the
Probation Law; and
6. Generally perform such duties and exercise such powers as may be
necessary or incidental to achieve the objective of the Probation Law.

Assistant PPA Administrator

There shall be an Assistant Probation Administrator who shall be appointed
by the President and shall assist the Administrator and perform such duties as may
be assigned to him by the PPA Administrator and as may be provided by law. In the
absence of the Administrator, he shall act as head of the PPA.

43
Qualifications of the PPA Administrator and Assistant Administrator
1. At least 35 years of age
2. Holder of Master’s Degree or its equivalent in:
a. Criminology
b. Social work
c. Correction
d. Penology
e. Psychology
f. Sociology
g. Public Administration
h. Law
i. Police Science
j. Police Administration
k. Other related fields
3. At least 5 years of supervisory experience, or a member of Philippine Bar with
at least 7 years of supervisory experience.

Other PPA Officers

 Regional parole and Probation Offices (RPPO) – the RPPO shall be
headed by Regional Probation Officer who shall be appointed by the
President upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and
control over all probation officers within his jurisdiction and such duties as
mya be assigned to him by the Administrator. Whenever necessary, he
shall be assisted by an Assistant Regional Probation Officer who shall also
be appointed by the President, upon recommendation of the Secretary of
Justice.
 Provincial and City Probation Officers – there must be at least one
probation officer in each province and city who shall be appointed by the
Secretary of Justice upon recommendation of the Administrator and in
accordance with the civil service law and rules. The Provincial and City
Probation Officers shall exercise the following duties:
1. Investigate all persons referred to him for investigation by the proper
court or the Administrator;
2. Instruct all probationers under his supervision or that of the probation
aide on the terms and conditions of their probation;
3. Keep himself informed of the conduct and condition of probationers
under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;
4. Maintain a detailed record of his work and submit such written reports
as may be required by the Administration or court having jurisdiction
over the probationer under his supervision;
5. Prepare a list of qualified residents of the provice or city where he is
assigned who are willing to act as probation aides;
6. Supervise the training of probation aides and oversee the latter’s
supervision of probationers;

44
 7. Exercise supervision and control over all field assistants, probation
aides and other personnel; and
8. Perform such duties as may be assigned by the court or the
Administration.
 Field Assistants, Subordinate Personnel – Regional, Provincial or City
Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out
their duties effectively. (Section 27 of PD 968 as amended by RA
No.10707)

Qualifications of Regional, Assistant Regional, Provincial and City Probation

Officers
No person shall be appointed Regional or Assistant Regional or Provincial
or City Probation Officer unless possesses the following qualifications:
1. At least a bachelor’s degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science,
administration, or related fields
2. At least three (3) years of experience in work requiring any of the
abovementioned disciplines, or is a member of the Philippine Bar with at least
three (3) years of supervisory experience.
Notes:
o Whenever practicable, the Provincial or City Probation Officer shall be
appointed from among qualified residents of the province or city where
he will be assigned to work (Section 25 of PD 968 as amended)
Power to administer oaths, to take depositions and be considered as Person in
Authority (Section 4 of RA 10707)
“Section 24. Miscellaneous Powers of Provincial and City Probation Officers.
Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of police officer. They shall
be considered as persons in authority.”

Volunteer Probation Assistants (VPAs) (Section 6 of RA 10707)

“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 caseloads shall be 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

45
organize themselves in the national, regional, provincial, and city levels for effective
utilization, coordination, and sustainability of the volunteer program.”

RESTORATIVE JUSTICE (RJ)

 It 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.
 According to John Braithwaite, restorative justice is a process where all
stakeholders affected by an injustice have an opportunity to discuss how
they have been affected by the injustice and to decide what should be done
to repair the harm. With crime, restorative justice is about the idea that
because crime hurts, justice should heal. It follows that conversations with
those who have been hurt and with those who have inflicted the harm must
be central to the process.
 Dr. Carolyn Boyes-Watson (2014) at Suffolk University’s Center for
Restorative Justice defines restorative justice as a growing social
movement to institutionalize peaceful approaches to harm, problem-solving
and violations of legal and human rights. These range from international
peace-making tribunals such as the South Africa truth and reconciliation
Commission to innovations within the criminal and juvenile justice systems,
schools, social services and communities. Rather than privileging the law,
professionals and the state, restorative resolutions engage those who are
harmed, wrongdoers and their affected communities in search of solutions
that promote repair, reconciliation and the rebuilding of relationships.

Comparing Restorative Justice from Traditional Criminal Justice

Restorative Justice Traditional Criminal Justice
 Who has been hurt?  What laws have been broken?
 What are their needs? Whose  Who did it?
obligations are these?  What do the offender(s) deserve?
 What are the causes?
 Who has a stake in the situation
 What is the appropriate process to
involve stakeholders in an effort t
address causes and put things right?

THERAPEUTIC COMMUNITY (TC)

Is a self-help social learning treatment model used in the rehabilitation of drug
offenders and other clients with behavioural problems TC adheres to precepts of
“right Living”.

46
 The Therapeutic Community (TC) is an environment that helps people get
help while helping others. It is a treatment environment: the interactions of its
members are designed to be therapeutic within the context of the norms that require
for each to play the dual role of client-therapist. At a given moment, one may be in a
client role when receiving help or support from others because of a problem
behaviour or when experiencing distress. At another time, the same person assumes
a therapist role when assisting or supporting another person in trouble.

doj.gov.ph

47
Application:
Instruction: Answer the question comprehensively. Write your answer in a separate
sheet.
 Aside from Parole and Probation, what are the other community-based
treatment programs you can suggest as a future law enforcer?

Assessment: Essay
On a separate sheet of paper, answer the following:

1. Discuss the different powers and function of PPA Administrator.

2. Distinguish Restorative Justice from Traditional Criminal Justice.
3. Make a collage on the different therapeutic approaches for the eventual
reformation of offenders.

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 Unit V
Parole and The Indeterminate Sentence Law

Parole – is just like conditional pardon. It refers to the conditional release of an

offender from a penal institution after he has served the minimum period of his prison
sentence. It does not have the effect of extinguishing the criminal liability of the
convict.

Parole is also described as a method of selectively releasing an offender from

institution prior to completion of his maximum sentence, subject to conditions
specified by the paroling authority.

Learning Outcomes:
At the end of lesson, you are expected to:
1. enumerate the factors to be disqualified for parole;
2. discuss the procedure for the grant of parole;
3. differentiate Recidivism from Habitual Delinquency; and
4. discuss the importance of attending circumstances in the application of
ISLAW for the offenses punish by the RPC.

Activate Prior Knowledge

Instruction: Use a separate sheet for your answer.
 Why do most convicted individuals who availed parole or probation go back to
the jail? Explain.

Lesson 1: Parole

Principles of parole
 The government extends to the convicts a privilege by releasing them from
prison before their full sentence is served.
 The government enters a release contract with the convicts in exchange for
their promise to abide by certain conditions.
 Convicts who violate the law or the conditions of parole can be returned to
prison to complete their sentences
 The government retains control of parolees until they are dismissed from
parole.

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Other terms to remember
 Carpeta – refers to the institutional record of an inmate which consists of his
mittimus or commitment order issued by the court after conviction, the
prosecutor’s information and the decisions of the trial court and appellate
court, if any; certificate of non-appeal, certificate of detention and other
pertinent documents of the case.
 Parole Supervision – refers to the supervision/surveillance by Probation and
Parole Officer of a parolee
 Parolee – refers to a prisoner who is released on parole
 Prison Record – refers to information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the criminal
case number in the trial and appellate courts, the date he commenced serving
his sentence, the date he was received for confinement, the place of
confinement, the date of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison.
 Release Document – refers to the “Discharge on Parole” issued by the
Board of Pardons and Parole
Inception of Parole
 Prior to the mid-nineteenth century most offenders were sentenced to flat or
determinate sentences in prison. Under this type of sentencing, an offender
received a specific amount of time to serve in prison for a specific crime. This
created a major problem when prisons became crowded. Governors were
forced to issue mass pardons or prison wardens had to randomly release
offenders to make room for entering prisoners.
 Credit for developing early parole systems is usually given to an Englishman,
Captain Alexander Maconochie, and an Irishman, Sir Walter Crofton.

Captain Alexander Maconochie (1787-1860)

Source: google.images

 In 1840, Maconochie became the Governor of Norfolk Island, a prison island

where convicts were treated with severe brutality and were seen as lost
causes. Upon reaching the island, Maconochie immediately instituted

50
 policies that restored dignity to prisoners, achieving remarkable success
in prisoner rehabilitation. These policies were well in advance of their time
and Maconochie was politically undermined. His ideas would be largely
ignored and forgotten, only to be readopted as the basis of modern penal
systems over a century later in the mid- to late 20th century.
 On the same year, he took up duties as commandant of the penal settlement
at Norfolk Island and applied his penal principles. Instead of serving fixed
sentences, prisoners were required to earn credits, or “marks,” in amounts
proportional to the seriousness of their offenses. Credits were accumulated
through good conduct, hard work, and study, and they could be withheld or
subtracted for indolence or misbehaviour. Prisoners who obtained the
required number of credits became eligible for release. The mark system
presaged the use of indeterminate sentences, individualized treatment,
and parole. Above all it emphasized training and performance, rather than
solitude, as the chief mechanisms of reform.

Source: google.images

Sir Walter Crofton (1815-1897)

 Like Maconochie, Sir Walter Crofton believed the length of the sentence
should not be an arbitrary period of time but should be related to the
rehabilitation of the offender. After becoming the administrator of the Irish
Prison System in1854, Crofton initiated a system incorporating three classes
of penal servitude: strict imprisonment, indeterminate sentences, and ticket-
of-leave. This indeterminate system or Irish system, as it came to be known,
permitted convicts to earn marks to move from solitary confinement to a
return to the community on a conditional pardon or ticket-of-leave.

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 Zebulon Reed Brockway (1827-1920)
Source:google.images

Father of prison reform and Father of American Parole in the United States

 A Michigan penologist and is sometimes regarded as the "Father of prison

reform" and "Father of American Parole" in the United States. Similar to
Maconochie and Crofton, Brockway believed inmates should be able to earn
their way out of prison through good behaviour. Thus, they should receive a
sentence that could vary in length depending upon their behaviour in prison.
In his opinion, this had two advantages. First, it would provide a release valve
for managing prison populations. Second it would be valuable in reforming
offenders because they would be earning release by demonstrating good
behaviour.
 Brockway had the opportunity to pioneer this proposal into practice in 1876
when he was appointed superintendent of Elmira Reformatory for youthful
offenders in New York. Inmates at Elmira were graded on their conduct,
achievement, and education. On the basis of their behaviour in the
reformatory, they were given parole. Volunteer “guardians” supervised the
parolees and submitted written reports documenting their behaviour in the
community. A condition of the parole was that the offender report to the
guardian each month.
 Thus, by the turn of the century the major concepts underlying parole were in
place in the United States: (1) a reduction in the sentence of incarceration
based on good behaviour in prison, (2) supervision of the parolee in the
community; and (3) indeterminate sentences. By 1901, twenty states had
parole statutes and by 1944, every jurisdiction in the United States had some
form of parole release and indeterminate sentencing.

Person Qualified for Parole

A prisoner is qualified for parole once the inmate had served the minimum
sentence, less GCTA earned of his indeterminate prison sentence the maximum
period of which exceeds one (1) year.

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Person Disqualified for Parole
Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, parole shall not be granted to the following inmates:
a. Those sentenced to death penalty or life imprisonment;
b. Those convicted of treason, or conspiracy or proposal to commit treason or
espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’ etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents, i.e., those who, within a period of ten
(10) years from the date of release from prison or last conviction of the crimes
of serious or less serious physical injuries, robbery, theft, estafa, and
falsification, are found guilty of any said crimes a third time or oftener;
f. Those who have escaped from confinement, or evaded sentence
g. Those granted with conditional pardon by the President but violated the terms
thereof
h. Those whose maximum term of imprisonment does not exceed one 1 year or
those with definite sentence;
i. Those convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion perpetua by reason of Republic Act No.
9346 enacted on June 24, 2006, amending Republic Act No. 7659 dated
January 1, 2004; and
j. Those convicted for violation of the laws on terrorism, plunder and
transnational crimes.”

Eligibility for Review of a Parole Case

An inmate’s case may be eligible for review by the board provided:
1. Inmates is serving an indeterminate sentence the maximum period of
which exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate sentence;
3. Inmate’s conviction is final and executory;

In case the inmate has one or more co-accused who had been convicted, the
director/warden concerned shall forward their prison records and carpetas/jackets at
the same time.
4. Inmate has no pending criminal case; and
5. Inmate is serving sentence in the national penitentiary unless the
confinement of said inmate in a municipal, city, district or provincial jail is
justified.
A national inmate, for purposes of these Rules, is one who is sentenced to a
maximum term of imprisonment of more than three (3) years or to a fine of more than
five thousand pesos; or regardless of the length of sentence imposed by the Court, to
one sentenced for violation of the customs law or other laws within the jurisdiction of
the Bureau of Customs or enforceable by it, or to one sentenced to serve two (2) or
more prison sentences in the aggregate exceeding the period of three (3) years.

Considerations for the Grant of Parole and Conditional Pardon

1. Evidence that the petitioner will find legitimate source of livelihood upon
release

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 2. Petitioner has a place to establish residence
3. Availability of after-care services for old, seriously ill or physically disable
petitioner

Special Considerations for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below 60 years of age when crime is
committed
2. Physical disability, provided such physical disability is not present when the
crime was committed
3. Serious illness duly certified by a government physician
4. Similar circumstances which show that the continued imprisonment will be
unhuman or will pose grave danger to the life of the petitioner

Procedure
1. Review upon the petition or motupropio, forms and contents of the petition:
a.) That the prisoner’s case is eligible for review by the Board
b.) That he is not disqualified from being granted parole
2. Transmittal of Carpeta and Prison record by the Director of BuCor or Warden
at least one month prior to the date when his case shall be eligible for review
3. Publication of Names of Prisoners being considered for Parole in a
newspaper of general circulation of those convicted of heinous crimes or
those sentenced to reclusion perpetua or life imprisonment and whose
sentence has been commuted for release on parole
4. Notice to offended party or his immediate relatives, personally or by
registered mail and given 30 days from notice within which to communicate
their comment to the Board regarding the contemplated grant of parole to the
prisoner

Deferment of Parole when safety compromised

If based on the pre-parole investigation, there is clear and convincing evidence
that the release on parole will endanger his own life or those of his relatives, or the
life, safety and well-being of the victim, his relatives, his witness, and the community,
the release of the prisoner shall be deferred until the danger ceases.

Basic Guidelines for the Grant of Parole

The Board may grant a prisoner parole based on reports regarding the
prisoner’s work and conduct and on the study and investigation by the Board itself
and its finds the following circumstances are present:
1. The prisoner is fitted by his training for release;
2. That there is a reasonable probability that, if released, he will live and remain
at liberty without violating the law; and
3. That is release will not be incompatible with welfare of society.

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Rules after Grant of Parole
1. Transfer of residence – A parolee may not transfer from one place of
residence designated in his release Document without the prior written
approval of the regional Director subject to confirmation of the Board.
2. Outside Travel – A Chief Probation and Parole Officer may authorize a client
to travel outside his area of operational jurisdiction for a period of not more
than thirty (30) days. A travel for more than 30 days shall be approved by the
Regional Director.
3. Travel Abroad and/or Work Abroad — Any parolee or pardonee under
active supervision/surveillance who has no pending criminal case in any court
may apply for overseas work or travel abroad. However, such application for
travel abroad shall be approved by the Administrator and confirmed by the
Board.
4. Death of the Parolee — If a client dies during supervision, the Probation and
Parole Officer shall immediately transmit a certified true copy of the client’s
death certificate to the Board recommending the closing of the case.
Note: In the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay chairman or any
authorized officer or any immediate relative where the client resided, shall
suffice.

Reports to be accomplished by the Supervising PPO

1. Progress Report – When a parolee/pardonee commits another offense
during the period of his parole surveillance, and the case filed against him has
not yet been decided by the court, a Progress Report should be submitted by
the Probation and Parole Officer to the Board.
2. Infraction Report – when the parolee has been subsequently convicted of
another crime.
3. Violation Report – when a parolee commits any violation of the terms and
conditions appearing in his Release Document or any serious deviation or
non-observance of the obligations set forth in the parole supervision program.
4. Summary Report – after the expiration of the maximum sentence of a
parolee, the PPO concerned shall submit to the Board, through the Chief
Probation and Parole Officer, a Summary Report on his supervision of a
parolee.

Notes:
 Upon the receipt of an Infraction report, the Board may order the
arrest or commitment of the parole.
 The parolee who is recommitted to prison by the Board shall be made
to serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.
 The clearances from the police, court, and prosecutor’s office and
barangay officials shall attached to the Summary Report.

Termination of Parole Supervision

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  Certificate of Final Release and Discharge — After the expiration
of the maximum sentence of a client, the Board shall, upon the
recommendation of the Chief Probation and Parole Officer that the
client has substantially complied with all the conditions of his
parole/pardon, issue a certificate of Final Release and Discharge to a
parolee or pardonee. However, even before the expiration of
maximum sentence and upon the recommendation of the Chief
Probation and Parole Officer, the Board may issue a certificate of
Final Release and Discharge to a parolee/pardonee pursuant to the
provisions of Section 6 of Act No. 4103, as amended.
 Effect of Certificate of Final Release and Discharge — Upon the
issuance of a certificate of Final Release and Discharge, the
parolee/pardonee shall be finally released and discharged from the
conditions appearing in his release document.
Note: The accessory penalties of the law which have not been
expressly remitted therein shall subsist.
 Transmittal of Certificate of Final Release and Discharge — The
Board shall forward a certified true copy of the certificate of Final
Release and Discharge to the Court which sentenced the released
client, the Probation and Parole Officer who has supervision over him,
the client, the Bureau of Corrections, the National Bureau of
Investigation, the Philippine National Police and the Office of the
President.
1. Petition contents and endorsement
2. Time and form of application
3. Transmittal of carpeta and prison records

Lesson 2: The Indeterminate Sentence Law

(Act No. 4103, as amended)

The basic mandate of the Indeterminate Sentence Law is the imposition of

an indeterminate sentence which is comprised by a MINIMUM term and a MAXIMUM
term. The court instead of imposing a “straight” penalty, the court must determine two
penalties. It is indeterminate in the sense that after serving the MINIMUM, the convict
may be released on parole, or if he is not fitted for release, he shall continue serving
his sentence until the end of the MAXIMUM.
Indeterminate sentence is a sentence with a minimum term and a
maximum benefit of a guilty person, who is not disqualified therefore, when the
maximum penalty of imprisonment exceeds one year.  It applies to both violations of
the Revised Penal Code (RPC) and Special Penal Laws (SPL).
The purpose of the law is to uplift and redeem valuable human material and
prevent unnecessary and excessive deprivation of personal liberty and economic
usefulness.  As a rule, it is intended to favour the accused particularly to shorten his
term of imprisonment, depending upon his behaviour and his physical, mental, and

56
moral record as a prisoner to be determined by the Board of Indeterminate Sentence
(People v. Onate, 78 SCRA 43).
Penalties shall not be standardized but fitted as far as is possible to the
individual, with due regard to the imperative necessity of protecting the social order.
(People v. Ducosin, 59 Phil 109)

Coverage of the Application:

GENERAL RULE:
All persons convicted of any crimes under Philippine courts regardless whether
it is in violation of RPC or SPL, are qualified for the application of Indeterminate
Sentence Law.

EXCEPTIONS:
Those persons specifically disqualified by law.

Application ISLAW
Violation of the Revised Penal Code

The  court  shall  sentence the accused  to  an  indeterminate sentence  the 
MAXIMUM TERM of which shall be that which, in view of the attending
circumstances, could be properly imposed under the Code, and the MINIMUM TERM
which shall be  within the range of the penalty next lower in degree to that prescribed
by the Code for the offense.
The maximum is the penalty imposed as provided by law, depending upon the
attending circumstances.  The minimum is one degree next lower to the penalty
prescribed for the offense.  The latter is determined without considering the attending
circumstances to the penalty prescribed, and is left to the discretion of the court.
(People v. Yco, 6545, July 27, 1954)

Illustrative Example:
Example:  Homicide with one mitigating circumstance.  The maximum penalty
prescribed by law is Reclusion temporal.  Since there is one mitigating and no
aggravating it will be in the minimum or reclusion temporal minimum period.  On the
other hand, the minimum is one degree next lower to reclusion temporal without
considering the mitigating circumstance and that will be prision mayor.  The range of
prision mayor will depend upon the discretion of the court.  Therefore, the
indeterminate penalty is a minimum of prision mayor (within the range fixed by the
court) to a maximum of reclusion temporal minimum period.

Violation of Special Penal Law

The court shall sentence the accused to an indeterminate sentence, the
MAXIMUM TERM of which shall not exceed the maximum fixed by said law and
the minimum shall not be less than the MINIMUM TERM prescribed by the
same. (Q11, 1994 Bar)
Example:  Penalty is one year to 5 years.  Indeterminate sentence may be one year
to 3 years or 3 years to 5 years.
This act shall not apply to persons:
1. Convicted of offenses punished with death or life imprisonment. (Q12, 1990 Bar)

57
2. Those convicted of treason, conspiracy or proposal to commit treason, misprision
of treason, rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.

Notes:
 Recidivists are entitled to an indeterminate sentence. (People v.
Jaranilla, 28547, Feb. 22, 1974)
4.Those who shall have escaped from confinement or evaded sentence.
Note: A minor who escaped from confinement in the reformatory is entitled to
the benefits of the law because confinement is not considered imprisonment.
(People v. Perez, 44 OG 3884) (Q6, 1991 Bar)
5.Those who having been granted conditional pardon by the President shall have
violated the terms thereof.
6.Those whose maximum period of imprisonment does not exceed one year. (Q8,
1999 Bar)
Notes:
 The application of which is based upon the penalty actually imposed in
accordance with law. (People v. Hidalgo, 452, Jan. 22, 1962)
 Those already serving final judgment upon the approval of this Act
(December 5, 1933).
 Those sentenced to the penalty of destierro or suspension. (Q12, 1999 Bar)

Discretion of court to fix minimum

In determining the minimum penalty, the law obligates the courts to fix the
penalties with the widest discretion that the courts have ever had. The determination
of the minimum term is left entirely within the discretion of the court to fix it anywhere
within the range of the penalty next lower without reference to the periods into which
it may be subdivided. This obviously applies only for offenses under the Revised
Penal Code.
Notes:
 Whenever any prisoner who shall have served the minimum penalty imposed
on him, said Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted thereunder, authorize the
release of such prisoner on parole.  If during the period of surveillance, such
parolee shall show himself to be a law-abiding citizen and shall not violate
any of the laws of the Philippines, the Board may issue a final certificate of
release in his favour.  Whenever any prisoner released on parole shall, during
the period of surveillance, violate any of the conditions of his parole, the
Board may issue an order for his re-arrest and shall serve the remaining
unexpired portion of the maximum sentence.
 The application of the Indeterminate Sentence Law is mandatory if the
imprisonment would exceed one year.  It would be favourable to the accused.
(People v. Judge German Lee, Jr., 86859, Sept. 12, 1984)

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Application:
Instruction: Answer the question comprehensively. Use a separate sheet of paper for
your answer.
 From your class, create a group of 4 or 5 members. Conduct an interview with
someone who was been in parole or currently under parole or probation
supervision. You may ask the following guide questions depending on your
discretion or you may add some additional questions preferably of your own
choice:
 What was the crime committed?
 When was the crime committed?
 When was the probation or parole took effect?
 As one of the grantees of the community based correction, was it
effective for the offender?

Assessment: Essay
On a separate sheet of paper, answer the following:
1. Enumerate the factors to be disqualified for parole.
2. Discuss the procedure for the grant of parole.
3. Distinguish each one from the others report to be accomplished by the supervising
PPO.
4. Discuss the application of ISLAW for violations of the Special Penal laws.
5. Differentiate Recidivism from Habitual Delinquency.
6. Discuss the importance of attending circumstances in the application of ISLAW for
the offenses punished by the RPC.

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 Unit VI
Pardon and Other forms of Executive Clemency and The Future
of Correction

Section 19, Article VII of the 1987 Constitution:

“Except in cases of impeachment or as otherwise provided in this Constitution,

the President may grant reprieve, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgement.

“He shall also have the power to grant amnesty with the concurrence of a majority of
all the members of the Congress”

Pardon, concept and definition

Pardon is a form of executive clemency which is exercised by the Chief
Executive. It is an act of grace and the recipient of pardon is entitled to it is a matter
of right. The exercise of pardon is vested in the executive, is discretionary and is not
subject to review or judicial notice by the court. Neither does the Legislative Branch
of Government have the right to establish condition nor provide procedures for the
exercise of the same. Hence, it is vulnerable for abuse by the executive.

Pardon begun from the Pre-Christian Era. In fact the Holy Bible contains an
allusion where a criminal was released and pardoned by the King at the time Christ
was crucified. The exercise of Pardoning Power has always been vested in the
hands of executive branch of the government whether a king, queen, president or
governor.

In England, pardon developed out of the conflict between the king and the
Nobles who threatened his power. Pardon was applied to members of the Royal
family who committed crimes, and occasionally to those convicted of offenses
against the Royal Power. It was the general view that the pardoning power was the
exclusive prerogative of the King.

In the United States, pardon among early American colonies was a carry-over of
English practice. The Pardoning power was exercised by the Royal Governor through
the power delegated by the King. After the declaration of independence, the Federal
and State Constitutions vested the pardoning power on the President of the United
States and the Governors in Federal and State cases respectively.

LEARNING OUTCOMES
Upon completion of the lesson, you are expected to:
1. discuss the nature and concept of the Executive Clemency as one of the
Power of the President;
2. differentiate Pardon from Amnesty;

60
 3. differentiate Retributive Justice from Restorative Justice; and
4. discuss the importance of collaboration with the community for the success of
correctional programs.

Activate Prior Knowledge

Instruction: Answer the question comprehensively. Provide a separate sheet of paper

for your answer.

 Distinguish the concepts of probation and other forms of executive clemency.

Lesson 1: Pardon

Is the Pardoning Power of the President Absolute?

No. the Constitution itself provides for limitations to wit:
1. Pardon cannot be granted in cases of impeachment (Section 19, Article
VII of the 1987 Constitution). In a very strict sense, an impeachment
proceeding is not judicial proceeding neither criminal prosecution and
therefore beyond the ambit of pardoning Power. But when the government
official is already impeached from his office and latter on charged and
convicted criminally in an ordinary criminal action, the President may extent
pardon to him.
2. No Pardon can be granted for violation of any election laws, rules and
regulation without the favourable recommendation of the Commission
on Election (Section 5, Article IX (C). this provision is a good guard for the
President in exercising this power in favor to her political party mates who
violated election laws for her to with the presidency.
Under Section 5 of the General Guidelines for Recommending Executive
Clemency which is approved and released by the Department of Justice on
June 26, 2003, provides among other that:
“The Board of Pardons and Parole shall refer matters pertaining to executive
clemency for comment and recommendation as follows:
1. To the Commission on Elections, if it involves violation of election laws,
rules and regulation
2. To the Secretary of National Defense and Secretary of Interior and Local
Government, if it involves crimes against national security or public order
or the law of nations; and
3. To the Department of Foreign Affairs, if the prisoner is an alien.
It is worth to note that in the case of number 2 and 3, the President may
disregard these because it is not belong to the Constitutional limitations in
exercising pardon.

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 3. Pardon can be granted only after conviction by final judgement.
There is no room for pardon when the case has not yet reached its finality. In
the case of former President Estrada, his appeal from the Judgement of
Sandiganbayan was withdrawn to make it final and for him to avail the privilege
of pardon.
4. Pardon must yield to the Doctrine of Separation of Powers. A pardon
cannot be extended to a person convicted of legislative contempt, as this
would violate said doctrine, or of civil contempt since this would involve the
benefit not of state itself but of the private litigant whose rights have been
violated by the person declared in contempt.
It is also well settled that pardon cannot be extended for the purpose
of absolving the pardonee of civil liability, including judicial costs, since again,
the interest that is remitted does not belong to the State but to the private
litigant. Pardon also will not restore offices forfeited.

Two kinds of Pardon

There are two kinds of pardon, the absolute and conditional pardon. An
absolute pardon is one extended without any conditions or strings attached, whereas
a conditional pardon is one under which the convicts is oblige to follow certain
conditions.
“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 had
committed resulting in the partial extinction of his criminal liability;
“Absolute Pardon” refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition. It restores to the individual his
civil and political rights and remits the penalty imposed for the particular offense of
which he was convicted.

Purposes of absolute pardon

1. To do away with miscarriage of justice
2. To keep punishment abreast with the current philosophy, concept or practice
in the administration of justice
3. To restore full political and civil rights of the persons who have already served
their sentence and have waited the prescribed period
4. To avoid political crisis or tumultuous political situation

Board of Pardons and Parole (BPP)

The Board of Pardons and Parole is the administrative arm of the President
of the Philippines in the exercise of his constitutional power to grant pardon.
The BPP is composed of seven (7) members all appointed by the President
with the Secretary of Justice as acting chairman. However in practice, one of the
undersecretaries of Justice is serving as Acting Chairman. The law requires that the
six board members should include a sociologist, a clergyman, an educator, a lawyer,
a penologist, and at least one (1) is a woman.

How to avail the privilege of conditional pardon?

To avail of this privilege, a qualified inmate, his fam ily or relatives, or upon
recommendation of prison authorities will file a petition for conditional pardon

62
addressed to the President. The request will be forwarded to the Board of Pardons
and Parole, which will process the same before making their appropriate actions.

Factors to be considered by the Board of Pardons and Parole in

recommending pardons to the President
In acting on petitions for pardon, the BPP shall consider, among others, the
following:
1. Age of the petitioner;
2. The gravity of the offense;
3. The manner in which it was committed; and
4. The institutional behaviour or conduct and previous criminal record, if any of
the petitioner.

However, the BPP may consider a petition for absolute pardon even before
the lapse of the periods provided by the guidelines, in special cases such as when
the petitioner is seeking reinstatement in the government service, needs to go abroad
to undergo medical treatment which is not available in the country, will take
government or Bar examination or is immigrating.

Extraordinary Circumstances
The Board shall recommend to the President the grant of executive clemency
when any of the following extraordinary circumstances are present:
a.) The trial court or appellate court in its decision recommended the grant of
executive clemency for the prisoner
b.) Under the peculiar circumstances of the case, the penalty imposed is too
harsh compared to the crime committed;
c.) Evidence which the court failed to consider, before conviction, which would
have justified an acquittal of the accused;
d.) Prisoners who were over fifteen (15) years but under eighteen (18) years of
age at the time of the commission of the offense.
e.) Prisoners who are seventy (70) years old and above who have served at least
five (5) years of their sentence or those whose continued imprisonment is
inimical to their health as recommended by a physician of the Bureau of
Corrections Hospital and certified by a physician designated by the
Department of Health or designated by a physician designated by the
Department of Health;
f.) Prisoners who suffer from serious and life-threatening illness/disease or
severe physical disability such as those who are totally blind, paralyzed,
bedridden, etc., as recommended by a physician of the Bureau of Corrections
Hospital and certified by a physician designated by the Department of Health
or designated by the Malacañang Clinic Director;
g.) Alien prisoners where diplomatic considerations and amity among nations
necessitate review; and
h.) Such other similar or analogous circumstances whenever the interest of
justice will be served thereby.

63
Other Circumstances
When none of the extraordinary circumstances enumerated in Section 3 exist,
the Board may nonetheless review and/or recommend to the President the grant of
executive clemency to a prisoner provided the inmate meets the following minimum
requirements of imprisonment:

A. For Commutation of Sentence, the inmate should have served:

a.) At least one-third (1/3) of the definite or aggregate prison terms;
b.) At least one half (1/2) of the minimum of his indeterminate and/or definite
prison term or the aggregate minimum of his indeterminate and/or definite
prison terms.
c.) At least ten (10) years, for prisoners sentenced to one (1) reclusion
perpetua or one (1) life imprisonment, for crimes/offenses not punishable
under Republic Act No 7659 and other special laws.
d.) At least thirteen (13) years for prisoners whose sentences were adjusted
to forty (40) years in accordance with the provisions of Article 70 of the
Revised Penal Code, as amended.
e.) At least fifteen (15) years, for prisoners convicted of heinous crimes as
defined in Republic Act No. 7659 committed on or after January 1, 1994
and sentenced to one (1) reclusion perpetua or one (1) life imprisonment.
f.) At least eighteen (18) years for prisoners convictedand sentenced to
reclusion perpetua or life imprisonment for violation of Republic Act No.
6425, as amended, otherwise known as “The Dangerous Drugs Act of
1972” or Republic Act No. 9165 also known as “The Comprehensive
Dangerous Drugs Act of 2002”, and for kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
g.) At least twenty (20) years for prisoners sentenced to two (2) or more
reclusion perpetua or life imprisonment even if their sentences were
adjusted to forty (40) years in accordance with the provisions of Article 70
of the Revised Penal Code, as amended.
h.) At least twenty-five (25) years, for those sentenced to death which was
automatically commuted or reduced to reclusion perpetua or life
imprisonment.

B.For Conditional Pardon, the prison should have served at least one-half (1/2) of
the maximum of the original indeterminate and/or definite prison term.

Notice to the Offended Party

In all cases when an inmate is being considered for executive clemency, the
Board shall notify the offended party or, in the event that the offended party is
unavailable for comment or otherwise cannot be located, the immediate relatives of
the offended party. Said persons shall be given thirty (30) days from notice to
comment on whether or not executive clemency may be granted to an inmate.
Provided that, in matters of extreme urgency or when the interest of justice will be
served thereby, such notice may be waived or dispensed with by the Board. In such
a case, the Board shall explain the reason for the waiver of such notice in the Board
resolution recommending executive clemency.

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Publication of Names of those being Considered for Executive Clemency
The Board shall also cause the publication in a newspaper of national
circulation the names of prisoners who are being considered for executive clemency.
Any interested party may send to the Board his/her written
objections/comments/information relevant to the cases of prisoners being considered
for executive clemency not later than thirty (30) days from date of publication.
Provided that, in matters of extreme urgency or when the interest of justice
will be served thereby, above publication may be waived or dispensed with. In such
cases, the Board shall explain the reason for the waiver of such publication in their
board resolution recommending executive clemency.

When the pardon grantee fails to comply with the conditions of pardons
In case of violation of any provisions of the conditional pardon, the pardon
itself is deemed invalidated and the pardonee may be either recommitted by the
President under the Administrative Code or prosecuted for violation of conditional
pardon under Article 159 of the Revised Penal Code.
Under the Revised Penal Code, the penalty of prision correctional in its
minimum period shall be imposed upon the convict, except when the penalty remitted
is higher than six years, in which event shall serve the unexpired portion of his
original sentence.

Revocation of conditional pardon by the President shall not to be reviewed by

court
The determination of violation of conditional pardon rests exclusively in the
sound judgement of the Chief Executive and the courts will not interfere by way of
review with any of its findings

Legal Effect of Pardon

The legal effect of pardon is to restore not only the convict’s liberty but also
his civil and political rights. However, in the case of Monsanto v. factoran (170 SCRA
190), the Supreme Court declares that “pardon does not ipso facto restore a
convicted felon to public office necessary relinquished or forfeited by reason of the
conviction although such pardon undoubtedly restores his eligibility for appointment
to that office”

Amnesty
The act of an authority (such as a government) by which pardon is granted
to a large group of individuals. A sovereign act of oblivion or forgetfulness (from
Greek amnestia, “forgetfulness”) granted by a government, especially to a group of
persons who are guilty of (usually political) crimes in the past. It is often conditional
upon the group’s return to obedience and duty within a prescribed period.
(http://www.merriam-webster.com)
Pardon Amnesty
 Pardon is granted by the Chief Executive  It is the proclamation of the Chief
and therefore it is a private act which Executive with the concurrence of the
must be pleaded and proved by the Congress, hence it is a public act which
person pardoned because the courts take the court should take judicial notice
no notice thereof

65
  It can only be granted after conviction  Amnesty can be granted before or after
the institution of the criminal prosecution
and sometimes after conviction
 It is granted to individual  Granted to classes or persons or
communities who may be guilty of
political offenses
 Pardon looks backward and relieves the  Amnesty looks backward and abolishes
offender from the consequences of an and puts into oblivion the offense itself, it
offense of which he has been convicted. so overlooks and obliterates the offense
It abolishes or forgives the punishment, with which he is charge that the person
and for that reason it does not work the released by amnesty stands before the
restoration of the rights to hold public law precisely as though he had
office, or the right of suffrage, unless committed no offense
such rights be expressly restored by the
terms of the pardon, and it in no case
exempts the offender from payment of
the civil indemnity imposed upon him by
the sentence

Commutation of Sentence
A commutation of sentence is a reduction in sentence.   In a commutation of
sentence, a person is not absolved from a conviction completely, but, his/her
punishment is substituted with a lesser punishment.  For example, a death sentence
may be commuted to a sentence of imprisonment for life.
A commutation of sentence may be granted according to the statues
existing in different states.  It is permitted by law to grant a commutation of sentence. 
A governor of a state is vested with the exclusive power to pardon and it may be
subject to legislative controls.  A legislature may provide for commutation of the
sentence of convicts for good behaviour.
In a commutation of sentence, there occurs a change in a sentence or
punishment. Therefore it does not include parole, because no sentence
reduction takes place in parole.
The distinction between pardon and commutation are that a pardon is a
complete remission of penalty by a sovereign power as authorized by law.  But, a
commutation of a sentence is only a substitution of a lesser punishment for a greater
punishment.  Also, a pardon has to be accepted by the person who is pardoned,
while a sentence may be commuted without the consent of the convict.

Reprieve
The act of postponing the enforcement of a sentence, particularly a death
sentence, to allow an appeal.

Remit fines and forfeitures

Prevents the collection of fines or the confiscation of forfeited property; it
cannot have the effect of returning property which has been vested in third parties or
money already in the public treasury.

66
Lesson 2: The Future of Correction

The Necessity of Collaboration with the Community

To ensure public safety is the desired outcome of the criminal justice

system’s intervention in rehabilitating offenders. For this reason, criminal justice
practitioners must find and must continuously develop the most effective ways in
which this goal may be achieved.

New approaches of offender correction and rehabilitation will definitely

produce different effects on the components of the justice system. Current policies
encourage these components to consider the impact of their individual duties and
responsibilities in the delivery of justice. Community-based correction is a critical
lynch pin in these efforts, responsible for effectively managing offenders while on
probation, parole or conditional pardon with parole conditions. As with other
components within the justice system, collaborating and partnership with other
components and with community (internal and external partners) has become
increasingly critical to the accomplishment of community corrections’ mission in
enhancing public safety by effectively rehabilitating offenders in the community.

If the primary goal of community corrections is to achieve public safety

through reduced recidivism by effectively managing offenders within the community,
then community corrections agencies must reach out to collaborative partners. As
more comprehensive approaches to supervising offenders are implemented in the
field, enhanced collaboration is required to provide the assistance and additional
resources necessary to promote offender success. For example, with the increased
understanding and implementation of integrated case management systems around
the country, communication among criminal justice professionals and community
partners is more important than ever. Such new approaches to community
supervision require strong partnerships with the community (including the victim and
offender).

Collaboration with institutional partners is also critically important, working

with correctional officers and institutional case managers to prepare an offender for
re-entry into the community. The issues facing offenders upon release are numerous
and often confounding – lack of housing, drug addiction, limited employment options,
limited education. To succeed, these needs must be considered and a plan put in
place before the offender is released. Such barriers to successful reintegration must
be addressed through partnerships with other practitioners, service providers, and
community agencies.

Concept of Collaborative Justice with the Community and other Service

providers

Community corrections professionals cannot possibly, and should not expect

to, address the complex needs of offenders independently. Other professionals must
be involved to provide valuable information, resources, and perspectives that will
help the offender to succeed in the community.

67
 Collaboration goes beyond sharing of resources and exchanging information,
collaboration requires that community corrections officers, court officials, and
community partners work closely with each to achieve outcomes that would not be
possible without the collaboration. Working with other criminal justice professionals
and community partners can result in supervision plans that address offenders’
needs more effectively, resulting in lower court caseloads and reduced violations and
crime rate within the community.

It is only through collaboration with public, private, and community-based

service providers that community corrections can promote safer communities.

With whom should community corrections professionals collaborate?

The selection of collaborative partners is just as critical as the commitment

to collaboration itself. Collaborative partners should include those who have the
authority to influence the outcome of the problem at hand and have a demonstrated
investment in doing so.

In a community-based corrections collaboration, law enforcement, counsel of

the accused, prosecutors, judges, court personnel, and others are important
stakeholders in the success of offenders in the community. Law enforcement is an
important partner to community corrections in supervision efforts, providing support
to monitoring and enforcement activities. Prosecutors and counsel of the accused
assist by crafting effective sentencing strategies, and judges, through the imposition
of conditions as part of their sentencing decisions, provide the structure and tools
that community corrections needs to manage offenders successfully and promote
offender success in the community.

Community and service providers play key roles in addressing effectively the
complex social, behavioural, and health issues that offenders face. Public and private
treatment providers, including substance abuse and mental health practitioners,
victims’ rights organizations, and victim advocates can also provide valuable
resources and perspectives for supervising offenders. Government agencies
providing housing resources, workforce training, educational assistance, and
veterans’ benefits are also important partners in finding solutions to the complex
problems facing offenders in the community. Community and faith-based partners
(including willing employers, and local colleges and schools) can provide numerous
resources. But still the most important stakeholders are the offender and his or her
family. (http://www.collaborativejustice.org)

Time Line of Sentencing Philosophies and Practices

Retributive Justice
(Past)

Restorative Justice
(Present)

68
 Collaborative Justice
(Future)

Retributive Justice Restorative Justice Collaborative Justice

 Retributive Justice  Sometimes called  Collaborative justice
also known as reparative justice is is a unique and
punitive justice is a an approach to promising approach
theory of justice that justice that focuses to criminal justice that
considers on the needs of the seeks to work toward
punishment, if victims and the the more effective
proportionate, to be offenders, as well as resolution of these
the best response to the involved problems. Rather
crime. community, instead than relying on single
of satisfying abstract agencies to solve
 When an offender legal principles or their respective
breaks the law, punishing the problems, it
she/he thereby offender. recognizes that many
forfeits or suspends criminal justice
her/his right to  Victims take an problems are
something of equal active role in the systemic and require
value, and justice process, while a coordinated and
requires that this offenders are collaborative
forfeit be enacted. encouraged to take response to the most
responsibility for their pressing issues
actions, “to repair the facing our justice
 Retribution is
harm they’ve done- system today.
directed only at
wrongs, has inherent by apologizing,
limits, is not returning stolen  Collaborative justice
personal, involves money, or partnerships – and
no pleasure at the community service”. the ability to share
suffering of others, information, develop
and employs  Restorative justice common goals, and
procedural that fosters dialogue create compatible
standards between victim and internal policies to
offender shows the support those goals –
highest rates of have significant
 Source:
victim satisfaction potential to positively
http://wikipedia.org
and offender impact crime,
accountability. increase public
confidence, and
 Source: reduce costs
http://en.wikipedia.org throughout the justice
system.

 Criminal justice
professionals join
forces to analyse
problems and create
responsive solutions;

69
 and judges, court
administrators,
prosecutors, defense
attorneys, probation
and parole
representatives,
corrections
personnel, victim
advocates, law
enforcement officers,
and public and private
treatment providers
reach out to one
another to forge
partnerships that will
enable them to
address complex
medical, social, fiscal,
and behavioural
problems that pose
significant threats to
the safety and well-
being of our
communities.

 Source:
http://
www.collaborative-
justice.org

Challenges of Collaboration Justice

The successful implementation of a collaborative justice approach often faces

many challenges, including:

 The adversarial nature of the legal system;

 The competition for scarce resources;
 The political pressure faced by elected officials;
 The creation or existence of agencies that have overlapping, duplicative
responsibilities; and
 The creation or existence of agencies that have missions that are
incongruous.

The success of a collaborative team relies upon the desire and willingness of
each participant to dedicate themselves and their time to the collaborative
process; to set aside individual agency agendas in pursuit of a shared and
larger goal; and to recognize that collaborative justice is a long term process,
requiring the establishment and maintenance of solid collaborative
partnerships with other agencies and community stakeholders. The long-term
benefits of the collaborative approach – including a shared ownership of,
responsibility for, and success in solving justice system problems – will

70
 undoubtedly make the investment worthwhile.
(http://www.collaborativejustice.org)

Organizations and Associations Related to Community Corrections

The International Community Association (ICCA)

In 1964, the International Community Corrections Association (formerly

known as the International Halfway House Association and, later, in 1989 as
the International Association of Residential and Community Alternatives) held
out first meeting in Chicago, IL with 30 people in attendance. Today, after
more than 45 years, the ICCA represents more than 250 private agencies
operating over 1,500 residential and community alternative programs, in
addition to 1,000 individual members nationally and abroad. Its members
offer a variety of programs and services which include:

 Community-based corrections centers

 Community corrections programs
 Education/Vocational Services
 Drug testing and treatment
 Tutoring services
 Day reporting treatment
 Crisis Intervention
 Family/Individual counselling
 Victim services
 Community service supervision
 Bail supervision
 Home detention/electronic monitoring
 Neighbourhood outreach
 Residential treatment
 Aftercare
 Transitional housing

The International Community Corrections Association, as a private, non-

profit, membership organization, acts as the representative voice for residential and
other community corrections programs. As such, it expects of its members
compassion, belief in the dignity and worth of human beings, respect for individual
difference and a commitment to quality care for its clients. It requires of its members
the professional background, research and expertise necessary to ensure
performance of effective quality services delivered with integrity and competence.
ICCA affirms that its primary goal is the successful re-integration of the client into the
community.

ICCA has been an affiliate of the American Correctional Association

(ACA) since 1975; and affiliate of the United Nations Alliance of Non-Governmental
Organizations in Criminal Justice since 1982; the American Probation and Parole
Association, the International Corrections and Prison Association and the National
Juvenile Justice Delinquency Prevention Coalition. In addition, ICCA liaises with

71
several other national and international community corrections organizations.
(http://iccalive.org/icca/index.php)

American Probation and Parole Association (APPA)

(http://www.aca.org)

Is an international organization that provides education and training for

community corrections practitioner and supervisors. APPA establishes standards in
all areas of community supervision, including restitution, electronic monitoring, pre-
trial, conditional early release and issues related to prisons.

APPA is only one of several organizations that serve a similar purpose for
community corrections advocacy. Other organizations are as follows:

1. American Correction Association (ACA)

(http://www.napsa.org)

2. National Association of Pre-trial Services Agencies (NAPSA)

(http://www.iccaweb.org)

3. International Association of Re-entry (IAR)

(http://www.iarreentry.org)

Involvement of Non-Government Organization (NGOs)

It cannot be denied that Non-Government Organization or private sector will

play an important role in the success of rehabilitating offenders in the community.
These NGO’s can provide job opportunities to the clients of community-based
correction. We must understand that opportunities available for those clients are a
great help for their rehabilitation.

Significance of Research in Correction

Making of research is a making of the future. Hence, the future of correction will
be based on how much studies are conducted to develop the current policies in
correction. What is lacking today in the Philippine Corrections is research. Although
there are foreign researches available, but applicability of these in our local setting is
a question.

Evidence-based Practices (EBP)

Involves using current best practices or intervention for which there is consistent
and solid scientific evidence of success. Integrating into everyday practice the
correctional programs and techniques that have been shown to be the most effective
with offender using evaluation results from systematically evaluated research studies.
EBP is not based on intuition, speculations or tradition, rather EBP is grounded in
empirical data and research in studying what works. The idea behind EBP in
Corrections is that agencies used only the most successful programs.

72
Corrections Research Priorities
On March 12, 2009 the U.S Department of Justice, Office of the Justice
Programs-National Institute of Justice has identified high-priority research,
development and evaluation needs of corrections professionals. Those high-priority
goals include:
 Create knowledge and develop technologies on how prisons, jails and
community corrections can be better managed to provide safe, secure and
cost-effective operations.
 Develop knowledge on how best to assess and manage special offender
populations in prisons jails and in the community.
 Develop effective treatment/intervention strategies that enhance public safety
by maximizing the successful re-entry of offenders into communities.
 Research the causes of prison sexual assault and factors that may deter the
reporting of such assaults and evaluate strategies, practices and policies
designed to prevent it.
 Develop assured means to continuously and accurately monitor the location
and status of corrections officers and personnel as well as inmates and
detainees.
 Develop improved means to detect, locate and defeat the use of unauthorized
wireless communications devices.
 Develop improved, unobtrusive means to accurately detect a broad spectrum
of contraband to preclude its introduction into correctional environments.
 Optimizing the way in which corrections agencies employ new technologies,
such as smart sensors, wireless mobile networks and knowledge
management, in response operations.
 Develop improved information and data system s that link an individual’s
records and citations across various criminal justice databases from the time
of entry into the criminal justice system.
 Develop devices providing multilingual speech translation capabilities for
public safety application including voice and speech-to-text/text-to-speech.
These priorities inform decisions about the scope of future work and the
dissemination of NIJ-sponsored knowledge and technologies. At the same
time, NIJ maintains the flexibility to respond to emerging needs and to
consider the merits of individual projects that may contribute to other
worthwhile goals. (http://www.ojp.usdoj.gov)

Application
Instruction: Answer the question comprehensively. Use a separate sheet of paper for
your answer.

73
  In relation to the activity in the previous unit, conduct an interview to probation
officers or any officer whose work is related to the supervision of the qualified
probationer or one who’s granted with pardon or any of the executive
clemencies. You may also ask the following guide questions depending on
your discretion or you may add some additional questions preferably of your
own choice:
 Name of the probation officer.
 Place of assignment.
 No. of years in the service.
 What does it like supervising convicted individuals outside the prison?
 Ask the officer if this mode of community based correction is effective?
 What other modes of community based correction he/she may
suggest to prevent criminals from recidivism.

Assessment: Essay
On a separate sheet of paper, answer the following:

1. Discuss the nature and concept of the Executive Clemency as one of the Power of
the President.
2. Differentiate Pardon from Amnesty.
3. Define and differentiate the two types of pardon.
4. Discuss the nature and concept of collaborative justice.
5. Differentiate Retributive Justice from Restorative Justice.
6. Discuss the importance of collaboration with the community for the success of
correctional programs.

74
References
Gahar, D. (2012). Handbook on Non-Institutional Correction. Rex Bookstore Inc.

Guerrero, B. (2018). Community-Based Corrections. Wiseman’s Books trading

Inc.

Padua, S. (2013b). Parole Rules, Probation Law and Executive Clemency.

Chapter House Publishing Inc.

Suarez, R. A. (2002). Political law Reviewer. Unknown.

Legal Statutes and Manuals:

People vs. Lagarto, G.R. No. 65833, May 6, 1991

People vs. Hidalgo, 452, Jan.22,1962
People v. Judge German Lee, Jr., 86859, Sept. 12 1984
PPA Omnibus Rules of Probation Methods and Procedures, Memo Order no. 15
s. 99 issued by Administrator Gregorio F. Bacolod

PNP Operational Procedure 2010, p.85

Presidential Decree No. 968. “Establishing A Probation System, Appropriating

Funds Therefore and for Other Purposes”.

Sec.10, Rule 114, Rules of Court

Revised Rules on Probation Methods and Procedures – Parole and Probation

Administration Kit

Online Links:

Common Problems in the Investigation and Supervision of Probationers. (n.d.).

Office of Justice Programs. https://www.ojp.gov/search/results?keys=probation

Philippine Laws, Statutes and Codes. (n.d.). Chan Robles Virtual Law Library.

Retrieved July 5, 2020, from http://www.chanrobles.com/REVISED%20RULES

75
%20AND20REGULATIONS%20OF%20BOARD%20OF%20PARDONS

%20AND%20PAROLE.pdf.

Resolution No. 24–4-10 - The Lawphil Project. (n.d.). Board of Pardons and

Parole. Retrieved July 5, 2020, from https://lawphil.net/administ/doj/res_24-4-

10_2010.html

Probation. (n.d.). Oxford Dictionary of National Biography.

https://www.oxforddnb.com/

76
 COURSE GUIUDE
Module in CA 311 Non-Institutional Corrections

Instructor: Peter James P. Raloso

Course Description:
The course focuses on Presidential Decree 968 otherwise known as the “Probation
Law of 1976 as amended” establishing a probation system in the Philippines its
historical background, philosophy, concepts and operations as a new correctional
system, investigation, selection and condition of probation, distinction between
incarceration, parole, probation and other forms of executive clemency, total
involvement of probation in the administration of criminal justice system.
Course Learning Outcomes:
1. To comprehend what is PD 968 or Probation Law of 1976 as amended;

2. To analyze the historical background of probation, philosophy, concepts and

operations.

3. To recognize the involvement of non-institutional correction in the criminal

justice.

4. To distinguish between incarceration, parole, pardon and other forms of

executive clemency.

Course Policies

 Each chapter could be learned in a self – paced or individual format and it is

the responsibility of the students to maximize their time and exert with
determination in completing the course with the best learning outcomes.
However, contents presented in the Learning Guide/Handouts provided by
the course, may not be enough for their learning needs, so it is suggested to
consider reading other references related to the topics.
Each lesson has the following parts:
Lesson Learning Outcome – these are the outcomes the student should realize at
the end of the lessons.
Starting Point – This is the introduction of the entire content to be covered in the
lesson.
Content Development – the content of the lesson is presented with illustrations in
the forms of images and tables.
Outcome-Based Assessment – This part provides exercises to evaluate the
learning of the student I which the activity output is required to be submitted on or
before the major examination.
 For each chapter, there are discussion, examples, and exercises as a course
requirement to contribute 60% of students’ grades. Ideally, all of the exercises
should be done and compiled to be submitted during major exams.
 Students may contact their professor for any concern or clarifications about
the topics, tasks, and outputs to be done.

77
Lastly, students are not allowed to write anything of whatever form (letters, signs,
emoticons, markings and drawings) on the learning materials/handouts. Please beguided.

Required Output

 Unit assessment;
 Activities ;and
 other required project/outputs through online platforms or other feasible
means.

Grading System
1. There will be 2 rating periods: Mid-Terms and Finals
2. The grades for each rating period shall be computed as:

40% Major Exam

60% Assessment/Requirement
3. Midterm Grade + Final Grade/ 2= Average Grade

Grading System
Actual Rating Equiivalent Adjectival
Rating Ratings
100 1.0 Excellent
99 - 95 1.1-1.5 Very Good
94 - 90 1.6 - 2.0
89 - 85 2.1 - 2.5 Good
84 - 80 2.6 - 3.0 Fair
79% 3.1 - 3.5
Below - 5.0 Failed
INC Incomplete
Dr Dropped
WP Withdrawn with Permission
IP In Progress

78
 Quality Policy

We commit to provide quality instruction, research,

extension, and production grounded on excellence,
accountability, and service as we move towards
exceeding stakeholders’ satisfaction in compliance
with relevant requirements and well-defined
continual improvement measures.

Dekalidad nga edukasyon,

Kinabuhi nga mainuswagon.

79