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Non-institutional correction
The nature of probation in the Philippines History development of community-based
treatment
*Govern by presidential Decree No. 968 promulgated On July 24, 1976.
*Probation was first introduced in Philippines during the American colonial period (1898-1945)
with the enactment act of 4221 on Aug 7, 1935 by the phil. Legislature
*July 29, 1976 presidential Decree No. 968 was signed into law by pres. Ferdinand E. Marcos
excellency
*Jan 3, 1978 probation system started to operate in the entire country of phil. At the present there
are 183 field offices spread all over the country 16 regions
Introduction
*Most correctional authorities believed that probation Is one of the most effective and
economical tools
*PD no. 968 known as adult probation Law of 1976"
Legal basis of community-based treatment
 PD. No.968 of the adult probation law of 1976
 Administrative code of 1987
 Board of pardons and parole reduction No. 229 dated April 2, 1991
 Juvenile Justice and welfare act of 2006.
Organization and personnel
*Parole and probation administration is a line- bureau type of organization created under DOJ
*Administration was organized in 15 regional offices and provincial/city probation and parole
offices with A total of 183 probation and parole offices nationwide.
*The administration has seven divisions which consist ff the following: Administrative, Legal,
Finance, and Management, planning, community service, Technical Service, and case
management and records.
Personnel
In general appointments of personnel at the parole and probation administration are in
accordance to merit and fitness following the civil service law and rules. Entry qualifications for
probation and parole officers are that they must be
1) at least 25 years of age
2) Satisfy the minimum educational requirement of a bachelors’ degree with a major in social
work, Sociology, psychology, criminology, penology, corrections, police administration, public
administration or related fields and have no criminal record.
Six essential goals, to wit:
(1) An enlightened and humane correctional system
(3) The reformation of offender
(3) The reduction of 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 favorably; and
(6) It is economical costly
Probation define…
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 From the latin word “probation” which means testing.

 The word probation is also said to be originated from the latin verb probare” which
means to prove.
 Under PD 968 It is defined as “a disposition under which a defendant, after conviction
and sentence, is released subject to condition imposed by the court and to the supervision
of a probation officer.
Terms to ponder
(1) Amicus curiae- means friend of the court
(2) Absconding petitioner- whose application for probation has given due course by the proper
court who has failed to prevent his/her to the proper office within 72hours from receipt probation
order within reasonable time
(3) Absconding probationer- an accused whose probation was granted but failed to report for
supervision within period order by court of who fails to continue reporting.
(4) Defense counsel- lawyer of the petitioner
(5) Petition- a convicted defendant who placed an application for probation.
(6) Petitioner- means a person placed on probation
(7) Probation investigation – the process of selection, diagnose, and planning with the client.
(8) Probation supervision- the continuous process of helping the client to follow through with
the plans, re-evaluation and working with the clients in the process of planning his life to meet
dynamic situation.
(9) Probation office- refers to the Provincial or city probation office directed to conduct
investigation or supervision referrals as the case may be.
(10) Probation order- order of the trial court granting probation
(11) Prosecutor – Lawyer of the victim
(12) Trial court- refers to the RTC, RCTC, MTC which has jurisdiction over the case.
(13) Volunteerism – is a strategy by which the parole and probation administration may be
available to generate maximum citizen participation or community involvement in the overall
process of client rehabilitation.
Historical development of probation
(1) Mathew Davenport hill- Father of probation in England believed that crime could be
prevented by reformation in prison, ending in the convict’s release on a showing
of good behavior, and by life imprisonment of incorrigibles without the possibility of parole.
(2) John Augustus– Father of probation.
-recognized as the first true officer probation.
-Born in Woburn, Massachusetts in 1785.
-By 1829 he was permanent resident of Baston and the owner of a successful boot “making
business
-Was subsequently credited with founding the investigation process, one of the 3 main concepts
of modern probation, the other two bong intake and supervision, first to apply term probation to
his method of treating offenders.
3) The late congressman Teodulo C. Natividad recognized as the father of Philippine
probation
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4 runners of probation
1. Benefits of the clergy- was a colonial legal term rooted in medieval English law that allowed
a person convicted of a capital crime to receive a special pardon crime to receive a special
pardon and escape execution.
2. Judicial reprieve. This is a temporary withholding of sentence wither before judgement; as,
where the judge is not satisfied with the verdict
3. Recognizance or “binding over for good behavior”-involves an obligation or promise
sworn to under court order by a person not yet convicted of crime he would keep the peace and
be of good behavior.
4. Transportation- it was developed from an ancient practice of banishment and flourished for
more than 200 years as a principal method of disposing offenders. It served mainly as cheap
source of supplying labor to the colonies of England.

What is parole and probation administration?

(Filipino: Pangasiwaan ng parole at probasyon) Abbreviated as PPA, is an agency of the
Philippine
Government under the DOJ responsible for providing a less costly alternative to imprisonment of
lst time offenders who are likely to respond to individualized community-based treatment
programs.
Functions of PPA
 To administer the parole and probation system.
 to exercise supervision over parolees, pardonees, and probationers.
 To promote the correction and rehabilitation of criminal offenders
A. Central Office
 Office of the administrator
 Assistant administrator
 Regional parole and probation officer (RPPO)
 Assistant Regional parole and probation Officer (ARPPO)
 City or provincial parole and probation officer (C/PPRO)
Confidentiality of probation records (private records)
The post sentence Investigation Report (PSiR) and the supervision case notes of a probationer
obtained under PD No.968, as amended, and the PPA omnibus Rules, otherwise known as
probation Investigation and supervision records, shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Parole and probation administration, the trial court,
other courts concerned, except that the court of origin (Trial court)

The form of investigation report

Probation Form I – a worksheet that serves as a basic for further investigation of the petitioner
(Information)
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Probation form 2 – waiver authorizing the probation administration to secure any and all
pertinent document and information (Ex, warrant of arrest)
Probation form 3- the post-sentence investigation report
Probation form 4-statement under oath signed by the petitioner that he understands the
conditions of his probation and that he undertakes to comply with said conditions (Affix
signature as acknowledgement)
Probation form 5 – the monthly written Report submitted by probation officer within the first
(10) days of each month on the status and progress of all probationer under his change to the
Regional Probation Officer concerned (Monthly report 1st day semestral 15 days, annual 30
days)

Parole - it consists in the suspension of the sentence of a convict after serving the minimum of
the sentence imposed without granting a pardon, prescribing the terms upon which the sentence
shall be suspended
Parole- is a French word and is used here as the sense of word of honor.
Origin development of parole.
In Europe, two persons who are administrators in early 19 Century contributed to the
development of parole and they are Methesinos-Spain, Abemanior-German.
Parole in the philippines – govern by the INTERMINATE SENTENCE LAW know as Act No.
4103, DEC. 05. 1933 Act No. 4103 an act for an interminate sentence and parole for all persons
convicted of certain crimes by the court of the Phil islands to create board of Interminate
sentence and to provide funds thereof and for other purposes
Purpose: to uplift and redeem valuable human material and prevent unnecessary and excessive
deprivation liberty and economic usefulness.
Cases in which the Interminate sentence law shall not apply.
✓Offense punished by death of imprisonment.
✓ Thosee convicted of treason (Art itt) rebellion (Art 134) sedition (Art 139) or espionage (Art.
117)
✓ Those convicted of piracy (Art 122)
✓ Those who escaped from confinement or those who evaded sentence (Art 157
✔ Those whose maximum period of imprisonment does not exceed I year.

Parole administration in the philippines

 Parole in the phil. Is administered by the board of pardons and parole.
 Secretary of justice chairman and four members to be appointed by the pres.

Clergy man
 Sub Sociologist
 Psychiatrist
 Any person training qualified
 At least I woman.
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Effect of parolees good behavior

-If during the surveillance such parole prisoners shall show himself to be a law-abiding citizen
and not violated any of the laws of the phil. Islands the board indeterminate sentence may issue a
final certificate of release, entitled to final release & discharge
Violation of parole conditions by parole its effects
-Violate any 3 condition of his parole the Board
Of indeterminate sentence may issue an order
For re- arrest serve any part of phil. Islands
Essential elements of parole
• Offender is convicted
• Serves part of his sentence in prison
• released before the full expiration of his sentence
• said release is conditional, depending on his good behavior
• remains on parole until the expiration of his maximum sentence.
Guidelines for post- sentence investigation
The post sentence investigation – complete background check of the offender
Agency check, Local agency check, National agency check
 Birth records
 Citizenship Status
 Education
 Employment
 Military service
 Police Service
 Credit records
 Foreign travel
 Organization
 Neighborhood check
 Character reference
 Family free of the petitioner
Purpose of PSIR
-Aims to enable trial court whether deny or grant the application
Probation ~ Judge
Parole ~ President