INTRO:

PROBATION - IT IS A FORM OF TREATMENT AND A MATTER OF

PREVILEGE TO ADULT AND RIGHT TO MINOR/S (ACCORDING TO R.A
9344 JUVENILLE JUSTICE AND WELFARE ACT, THIS IS A DISPOSITION
WHICH IS THE DEFENDANT/CONVICTED PERSON WITH JUDGEMENT
THAT IS NOT EXCEEDING 6 YEARS OF SENTENCE, WILL SERVE HIS
SENTENCE IN THE COMMUNITY, INSTEAD IN THE CORRECTIONAL
FACILITY, WITH CONDITIONS MADE BY THE COURT AND UNDER THE
SUPERVISION OF PROBATION OFFICER
*SUBSTITUTE OF IMPRISONMENT

HISTORY:
ETYMOLOGY OF PROBATION
PROBATION WAS COINDE BY JOHN AUGUSTUS FROM THE LATIN
WORD ‘PROBARE’ WHICH MEANS TO TEST OR TO PROVE
AND ALSO COINED BY FREDERIC RAINER FROM LATIN WORD
PROBATIO MEANS TESTING PERIOD
ORIG: ENGLAND
1ST LAW: USA

HISTORICAL BACKGROUND (FOUNDER/FATHERS OF PROBATION)

JOHN AUGUSTUS IS THE FATHER OF PROBATION IN USA, HE IS A
BOSTON BOOT MAKER AND HE OWNED A BOOT MAKING SHOP HE
WAS ALSO A MEMBER OF WASHINGTON TOTALABSTINENCE
SOCIETY WHEREIN THE MEMBERS ARE DRUNKARDS THAT WHO
WANTS TO ABSTAINED FROM ALCOHOL. IN 1841 JOHN AUGUSTUS
ATTENDED IN POLICE COURT TO BAIL OUT A COMMON DRUNKARD
THE FIRST PROBATIONER
JOGN AUGUSTUS BEGAN AN 18 YEARS CAREER AS A VOLUNTEER
PROBATION OFFICER, NOT ALL OF THE OFFENDERS HELPED BY
AUGUSTUS WAS A DRUNKARD.
BY 1858 AUGUSTUS PROVIDED BAIL FOR 1,946 MEN AND WOMEN
ONLY 10 OF THEM FORFEITED THEIR BOND

MATTHEW DAVENPORT HILL – HAS A SAME VISION WITH JOHN

AUGUSTUS, HE WAS THE FATHER OF PROBATION IN ENGLAND
EDWARD H. SAVAGE – THE FIRST OFFICIAL PROBATION OFFICER HE
WAS OFFICIALY HIRED BY THE GOVERNMENT.

BGEN. CLARENCE & GOV. GEN MURPHY – RSPONSIBLE FOR THE

INTRODUCTION AND IMPLEMENTATION OF PROBATION SYSTEM IN
THE PHILIPPINES

CONG. TEODULO NATIVIDAD & CONG. RAMON BAGATSING – THE 2

CONGRESSMAN WHO INTRODUCE THE ADULT PROBATION IN A
HOUSE BILL 393. BUT IT STILL ON PENDING IN THE SENATE WHEN
MARTIAL LAW PROCLAIMED IN 1972

BUT WHEN JUAN PONCE ENRILE BECAME THE NPC CHAIRMAN HE

CREATED THE INTER DISCIPLINARY COMITTE ON CRIME
PREVENTION AND CHAIRED BY TEODULO NATIVIDAD THAT WAS
COMPOSED OF AUTHORITIES AND REPRESENTATIVES FROM THE
FIVE PILLARS OF CJS, WHICH DRAFTED THE PD 968 KNOWN AS THE
ADULT PROBATION LAW OF 1976 AND AFTER THE FINAL OUTPUT IT
WAS SIGNED BY THE LATE PRESIDENT MARCOS SR ON JULY 24
1976
SO THAT TEODULO NATIVIDAD WAS CONSIDERED AS THE FATHER
OF PROBATION IN PH AND ALSO FATHER OF CRIMINILOGY IN PH
1ST ADMINISTRATOR OF PPA
PURPOSE OF PROBATION:
*PROMOTE THE CORRECTION AND REHABILITATION (ELIMINATE
CRIMIAL FUTURE BEHAVIOR) OF AN OFFENDER BY PROVIDING HIM
WITH INIVIDUALIZED TREATMENT
*PROVIDE OPPURTUNITY FOR REFORMATION TO A OFFENDER
*PREVENT COMMITING ANOTHER CRIME
THE PHILIPPINE PROBATION SYSTEM IT HAS ALSO A VISION,
MISSION, MANDATE AND THEIR GOALS
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.
MISSION:
TO REHABILITATE PROBATIONERS, 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 PROGRAM SETS 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.

ADVANTAGES OF PROBATION
A. Probation Protects Society
1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders
B. Probation protects the victim
1. It provides restitution
2. It preserves justice
C. Probation Protects the Family
1. It does not deprive the wife and children of husband and a father
2. It maintains the unity of the home
D. Probation Assists the Government
1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
E. Probation Helps the Offender
1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity
F. Probation Justifies the Philosophy of Men
1. That life is sacred
2. That all men deserve a second time
3. That an individual can change
4. That society has moral obligation to lift the fallen.

FORERUNNERS OF PROBATION
BENEFIT OF CLERGY - IN ENGLISH LAW, THE BENEFIT OF CLERGY
WAS ORIGINALLY A PROVISION BY WHICH CLERGYMEN COULD
CLAIM THAT THEY WERE OUTSIDE THE JURISDICTION OF THE
SECULAR COURTS (UNDER GOVERNMENT) AND BE TRIED INSTEAD
IN AN ECCLESIASTICAL COURT (UNDER BY CHURCH) UNDER
CANON LAW. EVENTUALLY, THE COURSE OF HISTORY
TRANSFORMED IT INTO A MECHANISM BY WHICH FIRST-TIME
OFFENDERS COULD RECEIVE A MORE LENIENT SENTENCE FOR
SOME LESSER CRIMES (THE SO-CALLED "CLERGIABLE" ONES).
CLERGY- PRIEST
INSTEAD OF IG TRY KA SA MGA KING’S COURT OR SECULAR COURT,
PWEDE KA I CLAIM NG MGA BISHOP OR OTHER CHAPLAIN, I CLAIM
NILA ANG CUSTODY SAYO.
JUDICIAL REPRIEVE- IN ENGLISH COMMON LAW, PRIOR TO THE
ADVENT OF DEMOCRATIC RULE, THE COURTS COULD
TEMPORARILY SUSPEND THE EXECUTION OF A SENTENCE TO
ALLOW A CRIMINAL DEFENDANT TO APPEAL TO THE MONARCH FOR
A PARDON. OTHER REFERENCE ALSO CITED THAT IT IS A PRACTICE
UNDER ENGLISH COMMON LAW WHEREBY A JUDGE COULD
SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE ON
CONDITION OF GOOD BEHAVIOR ON THE PART OF THE OFFENDER
RECOGNIZANCE -
IT IS DEFINED AS A FORMAL AGREEMENT MADE BY SOMEBODY
BEFORE A JUDGE OR MAGISTRATE TO DO SOMETHING, SUCH AS TO
APPEAR IN COURT AT A SET DATE. IT MAY ALSO MEAN A
COMMITMENT A DEFENDANT MAKES TO A JUDGE, BY WHICH THE
DEFENDANT PROMISES TO APPEAR IN COURT AT A SPECIFIED TIME
WHILE THE COURT ALLOWS THE DEFENDANT TO REMAIN IN
LIBERTY IN THE COMMUNITY. IT IS FURTHER KNOWN ALSO AS
"BINDING OVER FOR GOOD BEHAVIOR" AND CONSIDERED AS
DIRECT ANCESTOR OF PROBATION.
TRANSPORTATION/DEPORTATION/BANISHMENT/EXILE - A FORM OF
PUNISHMENT IMPOSED ON AN INDIVIDUAL, USUALLY BY A COUNTRY
OR STATE, IN WHICH THE INDIVIDUAL IS FORCED TO REMAIN
OUTSIDE OF THAT COUNTRY OR STATE. DURING ENGLAND'S
COLONIAL TIMES, BANISHMENT AND TRANSPORTATION WERE
COMMON FORMS OF PUNISHMENT. TRANSPORTATION INVOLVED
THE RELOCATION OF CRIMINALS TO ONE OF THE COLONIES. FROM
THE ANGLO-SAXON PENALTY OF OUTLAWRY, ENGLISH LAW
DEVELOPED THE PRACTICE OF BANISHING CRIMINALS AS AN
ALTERNATIVE TO CAPITAL PUNISHMENT. BY THE 18TH CENTURY,
ENGLISH CONVICTS WERE BEING DEPORTED TO PENAL COLONIES
IN NORTH AMERICA AND AUSTRALIA. THE FIRST CONVOY TO TAKE
THE 15,800-MILE (25,427 KM) TRIP TO AUSTRALIA DEPARTED ON MAY
13, 1787, WITH 730 PRISONERS. BANISHMENT AND
TRANSPORTATION TO AUSTRALIA ENDED IN 1868.

Grant of Probation-
IT SHALL HAVE CONVICTED AND SENTENCED A DEFENDANT FOR A
PROBATIONABLE PENALTY.
APPLICATION FOR PROBATION- APPLICATION FOR PROBATION
SHOULD BE FILED WITH THE TRIAL COURT WHICH HAS
JURISDICTION OVER THE CASE WHICH IS THE COURT THAT HAS
TRIED AND DECIDED THE CASE OF THE CONCERNED APPLICANT.
TIME OF FILING- IT IS MANDATED IN THE PROCEDURES THAT THE
APPLICANT SHALL FILE THE APPLICATION WITH THE TRIAL COURT
AT ANY TIME AFTER CONVICTION AND SENTENCE BUT WITHIN THE
PERIOD FOR PERFECTING HIS APPEAL WHICH IS FIFTEEN DAYS AS
PROVIDED BY THE RULES OF COURT.
DOCKET BOOK- THE PAROLE AND PROBATION OFFICE SHOULD
TAKE NOTE THAT ALL COPIES OF COURT'S ORDER FOR POST-
SENTENCE INVESTIGATION IT RECEIVED SHALL BE NUMBERED
CONSECUTIVELY AND RECORDED IN THE DOCKET BOOK. THIS IS
FOR THE PURPOSE OF INDICATING THEREIN, AMONG OTHERS, THE
DATE OF RECEIPT THEREOF, THE COURT, ITS BRANCH AND
ADDRESS, APPLICANTS
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 END OF JUSTICE AND THE BEST INTEREST OF THE
PUBLIC AS WELL AS THAT OF THE DEFENDANT WILL BE SERVED
THEREBY. THIS IS IN OBSERVANCE OF DUE PROCESS SO THAT
GRANT OR DENIAL OF APPLICATION CANNOT BE AUTOMATICALLY
DONE BY THE COURT CONCERNED WITHOUT DEEPER SCRUTINY
OF THE CASE. THIS CALLS FOR THE NECESSITY OF CONDUCTING
PSI BY THE PAROLE AND PROBATION ION OFFICE (PPO) TASKED BY
THE COURT. IT WAS ALSO STRESSED BY THE PAROLE AND
PROBATION ADMINISTRATION (PPA) MANUAL THAT THE POST-
SENTENCE INVESTIGATION (PSI) IS THE VEHICLE USED TO FIND
OUT THE PETITIONER'S LEGAL QUALIFICATIONS AND HIS
SUITABILITY FOR PROBATION. IT IS ALSO USED IN ESTABLISHING
THE DIAGNOSIS FOR HIS FAVORABLE RESPONSE TO THE
COMMUNITY-BASED AND INDIVIDUALIZED CORRECTION PROGRAM.
AMICUS CURIA- THE TERM AMICUS CURIA REFERS TO SOMEONE
WHO ASSISTS THE COURT. FRIEND OF COURT
EXPERT WITNESS – BY PROFESSION
ORDINARY WITNESS- NORMAL

CRITERIA FOR PROBATION:

REHABILITATION
RECEDEVISM
INUSTICE- UN EQUAL

PROCEDURE/ PROCESS OF PROBATION

TRIAL COURT AFTER JUDGEMENT HE WILL GIVE THE CONVICTED A
15 DAYS BEFORE FINAL JUGEMENT FOR HIM TO DECIDE WHETHER
TO APPEAL OR APPLY FOR PROBATION
IF HE CHOOSE TO APPLY THE TRIAL COURT WILL DETERMINE THE
QUALIFICATION OF CONVICTED AND WILL ASK FOR THE COMMENT
OF PROSECOTUR FOR 10 DAYS AFTER THAT IT WILL COME BACK TO
THE TRIAL COURT SO THAT TRIALCOURT WILL NOW MAKE A
REFERRAL TO PAROLE AND PROBATION ADMINISTRATION FOR 60
DAYS TO CONDUCT A POST SENTENCE INVESTIGATION, IN FIRST 5
DAYS THE PPA WIL CONDUCT INITIAL INVESTIGATION TO THE
PETITIONER IF HE WERE ASKED TO SHOW UP WITHIN 3 DAYS IN
COURT AND FAILED TO DO SO HE WILL BECOME ABSCONDING
PETITIONER
THE PURPOSE OF THIS PSI IS TO DETERMINE THE SUITABILITY OF
THE PETITIONER FOR PROBATION AND THE PROBATION OFFICER
WILL APPLY OR PROVIDE A WAIVER CUM AUTHORIZATION FOR HIM
TO BE IMMUNE IN ANTI DATA PRIVACY ACT IF HE CONDUCTS A
BACKGROUND INFORMATION OR QUESTIONING
IF THE GIVEN 60 DAYS IS NOT ENOUGH FOR INVESTIGATION, THEY
CAN EXTEND IT BEFORE 5 DAYS OF DUE DATE BY MAKING A
MOTION OF EXTENSION
AFTER THE PSI, IT WILL SENT BACK TO THE COURT FOR REVIEW IF
THEY WILLGRANT OR DECLINED IT THEY HAVE 15 DAYS FOR THEIR
DECISION

FULL BLOWN COURTESY INVESTIGATION – IF SI OFFENDER AY

NAGCOMMIT NG CRIME SA ISANG LUGAR NA HINDI NAMAN SIYA
ORIGINATED DOON SI PPA WILL REQUEST FOR ANOTHER
PROBATION OFFICER SA KANYANG ORIGINATED PLACE OF BIRTH
TO CONDUCT A PSI

PARTIAL COURTESY INVESTIGATION – PPO KEEP A SMALL PORTION

OF INVESTIGATION

CONDITION OF PROBATION:
COOPERATE WITH PROGRAM SUPERVISION
MEET FAMILY RESPONSIBILITIES
REFRAIN FROM VISITING A HOUSE IF ILL REPUTE
ABSTAIN FROM ALCOHOLIC
ATTEND IN VOCATIONAL TRAINING
QUALIFIED FOR PROBATION:
1ST TIME OFFENDER CONVICTED NOT MORE THAN 6 YEARS
18YRS ABOVE

DISQUALIFIED FOR PROBATION:

MORE THAN 6 YEARS
CRIME AGAINST NATIONAL SECURITY
CONVICTED OF AN OFFENSE OF OMNIBUS ELECTION CODE.

SUBSIDIARY IMPRISONMENT – KUNG SAAN ANG ISANG CONVICTED

NA TAO O MAY KASALANAN NA HINDI KAYA BAYARAN ANG FINE
PROVIDED BY THE COURT HE CAN CONVERT THE FINE INTO
IMPRISONMENT

INDEMNIFICATION – RESTITUTION, REMOVE CIVIL LIABILITY, BAYAD

DANYOS

SUPERVISION OF PROBATIONERS - THE PROBATIONER AND HIS

PROBATION PROGRAM SHALL BE UNDER THE CONTROL OF THE
COURT WHO PLACED HIM ON PROBATION SUBJECT TO ACTUAL
SUPERVISION AND VISITATION BY A PAROLE AND PROBATION
OFFICER.
PURPOSE OF SUPERVISION-
PARA MASIGURADO NA GINAGAMPANAN NG MAAYOS NI
PROBATIONER ANG KANYANG MGA GAWAIN NA CONDITIONED BY
THE COURT
TO PROVIDE GUIDANCE TO THE PROBATIONER
AND TO MANAGE THE PROCESS OF THE PROBATIONER’S
REHABILITATION

OUTSIDE TRAVEL OF A PROBATIONER – KUNG SI PROBATIONER AY

MAG TRATRAVEL FOR 0 DAYS OUTSIDE THE JURISDICTION OF THE
PROBATION OFFICER OR THE PPO, SI PROBATIONER AY MAG
FAFILE NG REQUEST AT LEAST 5 DAYS BEFORE THE TRAVEL AT ITO
AY IPAPASA SA TRIAL COURT IN RECOMMENDATION OF CPPO FOR
APPROVAL

KAHIT NASAAN SIYA HE IS STILL UNDER THE SUPERVISION OF A

PROBATION OFFICER, MAG REREQUEST SI PPA SA PPA NG LUGAR
NA IYON NG PROBATION OFFICER NA MAY JURISDICTION SA LUGAR
NA YUN.
AND IF EVER MAISIPAN NI PROBATIONER NA MAG CHANE OF
RESIDENCY HE NEEDS TO ASK APPROVAL FROM THE TRIAL COURT
NA IPAPASA NI PROBATION OFFICER WHEREIN NAKA ATTACH DOON
ANG REASON

PERIOD OF PROBATION – ANG PERIOD NG PROBATION NI

PROBATIONER AY HINDI DAPAT LALAGPAS NG 2 YEARS IF HE IS
SENTENCED TO A TERM OF IMPRISONMENT OF NOT MORE THAN 1
YEAR.
VIOLATIONS OF THE CONDITIONS OF PROBATION- IF EVE
PROBATIONER VIOLATES THE CONDITION OF THE COURT
PROBATION OFFICER WILL REPORT IMMEDIATELY AT THE TRIAL
COURT.
FACT FINDING INVESTIGATION – DITO SINASAGAWA ANG
INVESTIGATION TO LOOK FOR PROOF OR EVIDENCES TO
DETERMINE THE LEGITIMACY OF THE ALLEGATION

TERMINATION OF PROBATION – DITO NAG BIBIGAY NA NG ORDER SI

COURT FOR FINAL DISCHARGE OF THE PROBATIONER WHO
SUCCESFULLY FULFILLED HIS TERMS AND CONDITIONS OF HIS
PROBATION SO THAT HIS CASE IS DEEMED TERMINATED

EARLY TERMINATION- IF YOU ARE SUFFERING FROM SERIOUS

PHYSICAL AND MENTAL DISABILITY
DOESN’T NEED MORE SUPERVISION DUE TO POSITIVE OUTCOMES
WILL TRAVEL ABROAD DUE TO HE WAS ACCEPTED FOR A WORK
SCHOLAR ABROAD
RENDER PUBLIC SERVICE

THANK YOU