BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY

OF COMMUNITY-BASED TREATMENT OF
PRISONNERS

HUMANITARIAN MANAGERIAL
ASPECT ASPECTS
RESTORATIVE
ASPECT
 BASIC PRINCIPLES UNDERLYING THE
PHILOSOPHY OF COMMUNITY-BASED
TREATMENT OF PRISONERS

1. HUMANITARIAN ASPECT- IMPRISONMENT IS

NO ALWAYS ADVISABLE. PLACING A PERSON
TO CUSTODIAL COERCION IS TO PLACE HIM
IN PHYSICAL JEOPARD, HUS DRASICALL
NARROWING HIS ACCESS TO SOURCES OF
PERSONAL SATISFACTION AND REDUCING
HIS SELF-ESTEEM.
2. RESTORATIVE ASPECT – THERE ARE
MEASURES EXPECTED TO BE ACHIEVED BY
THE OFFENDER, SUCH AS AN
ESTABLISHMENT OF A POSITION IN THE
COMMUNITY IN WHICH HE DOES NOT
VIOLATE THE LAWS. THESE MEASURES MAY
BE DIRECTED AT CHANGING AND
CONROLLING THE OFFENDER. THE FAILURE
OF THE OFFENDER TO ACHIEVE THESE CAN
RESULT TO RECIDIVISM.
3. MANAGERIAL ASPECTS- MANAGERIAL
SKILLS ARE SPECIAL IMPORTANCE BECAUSE
OF THE SHARP CONTRAST BETWEEN PER
CAPITAL COST OF CUSTODY AND ANY KIND
OF COMMUNITY PROGRAM. IT IS EASIER TO
MANAGE THOSE UNDERGOING COMMUNITY
BASED TREATMENT PROGRAMS THAN
THATOF CUSTODIAL CONTROL.
PROBATION

PAROLE
1. PROBATION

 IT IS A DISPOSITION WHEREBY A
DEFENDANT, AFTER CONVICTION OF AN
OFFENSE THE PENALTY OF WHICH DOES
NOT EXCEED 6 YEARS OF IMPRISONMENT,
IS RELEASED SUBJECT TO THE
CONDITIONS IMPOSED BY THE
RELEASING COURT AND UNDER THE
SUPERVISION OF A PROBATION OFFICER.
 PROBATION IS A SUBTITUTE FOR
IMPRISONMENT; THE PROBATIONER IS
COMPARED TO AN OUT-PATIENT, A SICK PERSON
WHO DOES NOT NEED TO BE HOSPITALIZED
BECAUSE HIS ILLNESS IS CONSIDERED LESS
SERIOUS.

 PRESIDENTIAL DECREE 968 OTHERWISE

KNOWN AS THE “PHILLIPINE PROBATION LAW”
APPROVED AND EFFECT ON JULY 24, 1976.
SECTION 18, PD 968 AS AMENDED STATES THE
CREATION OF PROBATION ADMINISTRATION
UNDER THE DOJ, WHICH SHALL EXECISES
GENERAL SUPERVISION OVER ALL
PROBATIONERS.
 THE ADVANTAGES OF PROBATION
 THE CONVICTED CRIMINAL OFFENDER CAN
CONTINUE TO WORK IN HIS PLACE OF
EMPLOYMENT.

 IT PREVENTS THE TENDENCY OF BROKEN

HOMES.

 IT RELIEVES PRISON CONGESTION

2. PAROLE

PAROLE IS THE PROCESS OF

SUSPENDING THE SENTENCE OF A
CONVICT AFTER HAVING SERVED THE
MINIMUM OF HIS SENTENCE WITHOUT
GRANTING HIM PARDON, AND
PRESCRIBING THE TERMS UPON WHICH
THE SENTENCE SHALL BE SUSPENDED.
(CIRILO TRADIO).
 IT IS A PROCEDURE B WHICH PRISONERS
ARE SELECTED FOR RELEASE AND A
SERVICE B WHICH THE ARE PROVIDED WITH
THE NECESSAR CONTROLS, ASSISTANCE
AND GUIDANCE AS THEY SERVE THE
REMAINDER OF THEIR SENTENCE IN THE
FREE COMMUNITY. (CHARTER AND WILKINS).

 IT IS A FORM OF CONDITIONAL RELEASE

THAT IS GRANTED AFTER A PRISONER HAS
SERVED A PORTION OF HIS SENTENCE IN A
CORRECTIONAL INSTITUTION. (BARNES AND
TELLERS)
IT IS A DECISION B AN AUTHORITY
CONSTITUTED ACCORDINGLY BY STATUTE
TO DETERMINE THE PORTION OF THE
SENTENCE, WHICH THE INMATE CAN
COMPLETE OUTSIDE OF THE INSTITUTION. IT
IS THE STATUS OF SERVING THE REMAINDER
OF THE SENTENCE OF A CONVICT IN THE
COMMUNITY IN ACCORDANCE WITH THE
RULES AND REGULATIONS SET-UP BY THE
BOARD OF PAROLE. (CORRECTIONAL AND
PAROLE ADMINISTATION)
THE BOARD OF PARDONS AND PAROLE
(BPP)

 A QUASI-JUDICIAL BODY WHICH WAS

CREATED UNDER ACT NO. 4103 OTHERWISE
KNOWN AS THE INDETERMINATE SENTENCE
LAW OR THE PAROLE LAW, THE AGENCY
THAT GRANTS PAROLE TO ANY PRISONER
WHO IS QUALIFIED TO ENJO ITS BENEFIT. IT
EMPLOYS THE SERVICE OF PAROLE
OFFICERS IN PROVIDING SUPERVISION AND
GUIDANCE O PAROLEES.
The chairman is the secretary of DOJ. Four
members are appointed by the president with
the consent by the commission on
appointments to serve a term of six (6) years.
One must be trained sociologist, clergy or an
educator, a psychiatrist or any other member
qualified by training or experience. At least one
is a woman.

Who are disqualified for parole?

a. Those prisoners who are sentenced with capital
punishment or life imprisonment
b. Those who are convicted of treason ,
conspiracy or proposal to commit treason,
misprision of treason , rebellion, sedition or
piracy
c. Habitual offenders,
d. Those who escaped from confinement or
evaded sentence.
e. Those who have been granted with conditional
pardon but violated the terms and conditions
thereof, and
f. Those prisoners who are serving a maximum
term of imprisonment not exceeding one year.
3. Conditional pardon
Conditional pardon serves the purpose of
releasing , through executive clemency, a
prisoner who is already reformed or
rehabilitated but who cannot be paroled
because the parole law does not apply to
him. It is a kind of pardon under which a
convict is required to comply with certain
requirements. The pardonee is given the
same set of rules or conditions as the
parolee. Among the conditions usually
imposed on pardonees and parolees are
the following:
a. That he shall live in his parole residence and
shall not change his residence during the
period of his parole without consent of the
board of pardons and parole.
b. That he shall report to the municipal judge of
the town where he will reside or to such officer
as may be designated by the executive officer
of the board of pardons and parole once a
month for the first year and there after once
every two months or as often as he may be
required by the parole officer.
c. That he shall not indulge in any injurious habits
and shall avoid places or persons of
Disreputable or harmful character.
d. That he shall permit the provincial PNP director, any
officer designated by the PNP or executive officer of
the board to visit him at his place of abode or else
where and shall truthfully answer any reasonable
inquiries concerning his conduct or conditions.
e. That he shall not commit any crime and shall
conduct himself in an orderly manner.
f. That he shall pay not less than P50.00 a month to
the cashier of the DOJ in payment of the indemnity
imposed upon him.
g. That he shall comply with such orders as board or
its executive officer may make from time to time.
 DISTINCTION OF PAROLE FROM PROBATION
Parole:
1. An administrative function
exercised by the executive
branch of government
2. Granted to a prisoner only
after he has served minimum
of his sentenced I prison
3. it is an extension of
institutional treatment program
4. It is granted by the BPP
5. Parole is supervised by a
parole officer
Probation:
1. It is a judicial function
2. Granted to an offender
immediately after conviction
(w/in 15 days after the decision
was rendered)
3. It is a substitute for
imprisonment
4. It is granted by the court
5. Probationer is supervised by
a probation officer
FORMS OF EXECUTIVE
CLEMENCIES
1. Amnesty – a general pardon extended to a
group of person, such as political offenders
purposely to bring about the return of
dissidents to their home and to restore peace
and order in the community
2. Commutation – an act of the president
changing/reducing a heavier sentence to a
lighter one or a longer term into shorter term.
It may alter death sentence to life sentence
or life sentence to a term of years. It does not
forgive the offender but merely to reduce the
penalty pronounce by the court.
Purposes :
a. To break the rigidity of law,
b. To extend parole in cases where the parole
law does not apply,
c. To save the life of a person sentenced to
death
3. Reprieve – a temporary stay of the execution
of sentence especially the execution of the
death sentence. Generally reprieve is
extended to prisoners sentence to death.
The date of execution of for commutation of
sentence or pardon.
4. Pardon – an act of grace extended to prisoners
as a matter of right, vested to the chief
executive (the president) as a matter of power
TWO KINDS OF PARDON
a. Conditional pardon – a pardon given with
requirements attached
b. Absolute pardon – a pardon given without any
condition attached
PURPOSES OF ABSOLUTE PARDON
a. To do away with the miscarriage of justice,
b. To keep punishment abreast with current
practice of criminal justice administration
c. To restore full political and civil rights of
offenders
Who have already served their sentence and
have waited the prescribed period

LIMITATIONS OF THE PARDONING POWER

OF THE PRESIDENT
a. pardon cannot be extended in a case of
impeachment.
b. No pardon, parole or suspension of
sentence for the violation of any election law
may be granted without favorable
recommendation of the COMELEC
c. Pardon is exercised only after conviction.
 EFFECTS OF PARDON
a. A pardon does not restore the right to
hold public office or the right of suffrage,
except when such rights are expressly
restored by the terms of pardon
b. It does not exempt the culprit from
payment of indemnity.

DISTINCTION OF THE PARDON BY THE

OFFENDED PARTY AND PARDON GRANTED
BY THE PRESIDENT
1. Pardon granted by the chief executive
extinguishes the criminal liability of the
offender, but not in the pardon granted by
the offended party
2. Pardon granted by the chief executive does
not include civil liability, which the offender
must pay.
3. Pardon granted by the offended party
should be given before the prosecution of
the criminal action, whereas pardon by the
chief executive may be extended to any of
the offenders after conviction.
Distinction between Amnesty and
Pardon Granted by the President
Includes any crime and is exercised
individually by the president. It is exercised
when the person is already convicted. It
looks forward and forgives the offender
from the consequences of an offenses of
which he has bee convicted, that is it
abolishes or forgives the punishment while
Amnesty – a general pardon extended to a
class of persons or community who may be
guilty of political offenses. It may be
exercised even before trial
Or investigation. It looks backward and puts into
oblivion the crime that has been committed. It is
proclaimed by the president with the
concurrence of congress.

Supervision of offenders in community- Based

Treatment Program
The parole and Probation Administration (PPA)
the PPA mandated by law to administer the
probation and parole system. It is the agency of
the government that supervised 1) probationers,
2) parolees, 3) pardonees.
It is also authorized by law to employ citizens
of good repute and probity to act as
volunteer probation aids (VPA) whose role is
to assist probation officers in the supervision
of probationers and parolees.
The volunteer probation aids (VPA)

PROBATION ADMINISTRATION
Chapter I – INTRODUCTION
Throughout the history of man, punishments
especially corporal and capital have been
offered in answer to anti-social behavior.
Public humiliation, flogging, mutilation,
branding, banishment, stock and pillory and
many other physical penalties have been
utilized to punish the culprit and be a lesson
to another. The penitentiary system was
devised to give the offender a chance to
think, have a chance of hear and mend his
ways through meditation in solitary
confinement. Subsequently, various kinds of
penal institution allowed incarceration as a
method of reformation and rehabilitation of
the prisoners. Eventually, the use of
probation
Came into being as one of the substitutes for
imprisonment.
The aim of any probation law in assisting
offenders is basically to rehabilitate rather
than to punish them. The goal is to help them
to understand themselves, their relationship
with other and what is expected them as a
member of the society in which they live. The
emphasis is upon trying to bring about
positive change in their behavioral pattern.
Reforming and rehabilitation are the key
directions in the treatment of the offenders.
Probation is an enlightened attempt cope with
a cope with a crisis in the life of an offender
who possesses rehabilitative potential. It is a
helping process, a means of protecting
society. Probation is a humanitarian method
of administering justice, not a gesture of
leniency . As a substitute for imprisonment, it
is in large measure of a counseling service,
which emphasizes guidance and supportive
supervision. Its objectives are to positive
social attitude and behavior of the offenders
while minimizing the stigma of incarceration
and breaking up of family units.
The modification of penal system did more than
require a different kind of administration structure
and personnel. It made possible the idea of
treatment and with increasing knowledge about
the dynamics of human behavior and show it is
modified. It thus becomes possible to give
attention to the rehabilitation of the offender. In
this context, it may be stated that one cannot do
away with the use of social services in probation.
Viewed in this context, it can be said that the
Philippines, has a edge over countries in as much
as our community are already social oriented
when P.D 968 otherwise knows as The adult
probation law of 1976 was enacted.
Probation- a term coined by john Augustus, form the Latin
verb “probare” means to prove, to test.
The concept of probation, form Latin word probation – has
historical roots in the practice of judicial reprieve-- In
English common law the courts could temporarily
suspensed the execution of the sentence to allow the
defendant to appeal to the crown for a pardon.

The origins of probation can be traced to English criminal

law of the middle ages.
Harsh punishments were imposed on adults and children
alike for offenses that were not always if a serious nature.
Sentence 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 concerned with
the evolution of the justice system. Slowly, yet resolutely,
in an effort to mitigate these inhumane punishments, a
variety of measures were devised and adopted.
Royal pardons could be purchase by the accused;
Activist judges could refrain from applying statuses
or could 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,
benefit of clergy, judicial reprieve, sanctuary, and
abjuration offered offenders a degree of protection from
the enactment of harsh sentences.
Eventually, the courts began to practice of “binding
over for good behavior”, a form of temporary
release during which offenders could take
measures to secure pardons or lesser sentences.
Controversially, certain courts in due time began
suspending sentences.
Even before John Augustus, the practice of
suspended sentence was used as early as 1830,
in Boston, Massachusetts and became
widespread in U.S courts, although there was no
statutory authorization for such a practice. At first,
judges used “release on recognizance” or bail and
simply failed to take any further legal action.
In the inuted states, particularly in Massachusetts,
different practice were developed. “Security for good
behavior” also known as good aberrance, was much
like modern bail; the accused paid a fee as collateral
for good behavior. 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 squash
based upon minor technicalities or errors in the
proceedings. Although these American practices were
genuine precursors to probation, it is the early use of
recognize and suspended sentence that are directly
related to modern probation.
By the mid-19th century, however, many federal
courts were using a judicial reprieve to suspend
sentence, and this posed a legal question. In
1916, the UNITED STATES SUPREME COURT
held that a federal judge(killets) was without power
to suspend a sentence indefinitely. This famous
court decision led to the passing of the National
probation Act of 1925, thereby, allowing courts to
suspend the imposition of a sentence and place
an offender on probation, which is known as the
Killets Decision.
Massachusetts developed the first statewide
probation system in 1880, and by 1920, 21 other
states had followed siut. With the passage of the
National Probation Act on March 5, 1925, signed
by President Calvin Coolidge, the Federal
Probation service was established to serve the
U.S. Courts. On the state level, pursuant to the
Crime Control and Consent Act passed by
congress in 1936, a group of states entered into
agreement by which they would supervised
probationers and parolees for each other.
Matthew Davenfort Hill- As a young professional in
england, Hill had witnessed the sentencing of
youthful offenders to one-day terms on the
condition that they 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 to keep a
running account.
John Augustus, the “father of probation”, is
recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts, in
1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making
business. It was undoubtedly his membership in
the Washington Total Abstinence Society that led
him to be the Boston courts. Washingtonians
abstained from alcohol themselves and were
convicted that abusers of alcohol could be
rehabilitated through understanding, kindness,
and sustained moral suasion, rather then 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 sentencing. He returned to court a
sober man, accompanied by Augustus. To the
astonishments of all in attendance, his
appearance and demeanor has dramatically
changed.
Augustus thus begin at 18-years old 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 successful subject of probation. The offenders
character; age; and the people, places, and things
apt to influence him/her were all considered.
Augustus subsequently credited with founding
investigations, one of the 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 this process of attending
offenders.

By 1858, john Augustus has provided bail for 1,

946 men and women, young and old.
Reportedly, only ten of this number forfeited
their bond, a remarkable accomplishment when
measured against any standards. 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 philanthropist and organization. The
first probation statute, enacted in
Massachusetts shortly after his death in 1859,
was widely attributed to his efforts.

Following the passage of that first statute,

probation spread gradually throughout the
united states and subsequently to many other
countries. The juvenile court movement
contributed greatly to the development
Of the probation as a legally recognized method of
dealing with offenders. The first juvenile court
was established in Chicago in 1899.
formalization of the concept of intake is credited
to the founders of the Illinois juvenile court.
Soon, after thirty states in turn introduced
probation as a part of juvenile court procedure.
Today, all states offer both juvenile and adult
probation.

Frederick Rainer, in 1876, a printer from

Hertfordshire (England), wants to help the large
numbers of individuals appearing for
Alcohol-related offending before the London police
courts. He gives a donation to the church of
England temperance society to fund a
response. The society appoints a ‘police court
missionary’, whose task is to interview drunks in
the court cells, evaluate which of them is likely
to respond to help, and suggest to the court a
plan for putting the offender on the ‘straight
narrow’. The missionary undertakes to
supervise and support the offender through
rehabilitation.

In the US, the administrative structure of

Probation varies widely from state to state. In some
states, probation and parole are combined. There are
state-administered probation systems and locally
administered systems. In new York, probation is
locally administered under the general supervision of
the state.
Probation in new york state had its official beginning in
1901, with the enactment of the first probation in the
state. One of the commision’s recommendations in its
report to the legislature resulted in the creation of the
new york state probation commision in 1907. Until the
late 1920’s, this commision coordinated probation
work in various parts of the state, encouraging the
statewide development of probation services, the
planned and promoted standards of practice, and
guidelines for monitoring local probation services.
 A. HISTORY OF PROBATION IN THE
PHILIPPINES
Presidential Decree No. 968, which established a probation
system a less costly alternative to the imprisonment of the
offenders who are likely to respond to individualized,
community-based treatment program is the second
legislation that enforces a probation system in the country.
The first legislation was Act no. 4221 enacted by the
philippine Legislature on august 07, 1935 and which
created a probation offices under the Department of
justice led by a chief probation officer appointed by the
american governor general with the advice and consent of
the united states. This law provided probation for the first
time offenders, eighteen years of age and over, convicted
of certain crime.
However, in people vs. vera 37 O.G. 164, the
constitutionality of probation law (Act 4221), was
challenged on three principal grounds; (a) Said act
encroaches upon the pardoning power of the
executive (b) That is constitute on undue delegation
of legislative power and that (c) it denies the equal
protection of the law.
The supreme court, declared Act no: 4221
unconstitutional on november 16, 1937. held that the
act does not encroached in any upon the powers of
the executive as they have been understood and
practiced from the earliest time; the act was a
surrender of legislative power to the provincial boards
for its application was left to their determination in
providing for the salary appropriation, although there
are no provision
That fix and impose any standard to guide in to the
exercise of the provincial board’s discretionary
power; and that the unwarranted delegation of
power under section 11 Act No. 4221 created a
situation for discrimination and inequality to exits
as one province may appropriate then necessary
funds for the salary of probation officer while
another may refuse or fail to do so; hence it
contravened the equal protection of the law clause
for those persons who may enjoy the benefits of
probation. In more precise language, the high
court assailed what it bluntly called a “Roving
commission” that enable provincial boards to
exercise arbitrary discretion so that if a provincial
Board did not wish to have the act applied in its
provincial, all that it had to do was to decline to
appropriate the needed amount for the salary of a
probation officer, which construed as a virtual
surrender of legislative power to the provincial
boards.
It was considered class legislation. Under this law
probation existed only in cities and municipalities,
which were given appropriations for, said purpose
by legislature.
The first probation Act stayed in the books for only
Two years(2 years). The ill-fated Act was only the
procedural framework that was antagonistic with
the constitution/charter.
It took a long time before another attempt was made
with introduction then by congressman Toulon C.
Natividad (Father of Philippine Probation) in
collaboration with former Congressman Ramon D.
Bagatsing, House Bill No. 393. the measure was
passed in the lower house and was pending in the
senate when Martial Law was proclaimed in 1972.

The National Police Commission, thru its Inter-

Disciplinary Committee (IDC) under the charge of
former Commission Teodulo C. Natividad in 1975
was tasked by the secretary and chairman of
NAPOLCOM, Juan Ponce Enrile to draft the adult
probation decree.
The committee, the Inter-Disciplinary Committee, is
composed of authorities and representative from the
five pillars of Criminal Justice System. After a
laborious period of eighteen technical hearings
involving sixty source persons, came out with the draft
decree for presentation at a seminar on the probation
system sponsored by the National Police Commission
and the U.P Law center on April 24, 1976
subsequently attended by 369 participants.
The proposal was reviewed by a mixture of jurists,
penologists, policemen, educators subsequently civic
leaders, social and behavioral, scientists, media men,
blue and white collar white collars workers, students
and housewives.
Two (2) foreign experts participated, namely Dr.
Torsten Erickson, former United Nations Inter
Regional Adviser on Crime Prevention Justice,
and Dr. A. Lamont Smith. Director for research
program, planning and Evaluation, Department of
Corrections of Arizona. A NAPOLCOM survey was
also made to elicit comments on the adoption of
the adult probation system in the country.
Favorable results showed 87.1% in favor of the
adoption, 7% apprehensive and 5.8% non-
committal.
B. PHILOSOPHY AND CONCEPTS OF THE
PROBATION SYSTEM
The probation Administration adheres to the following
philosophy and concepts;
1. There is no single cause for delinquent behavior.
Human being are extremely complicated. It is not
possible to trace complex pattern of human behavior
to any to any single cause;
2. Delinquent and criminal acts are symptoms. The
offender against our laws is exhibiting a symptom of
social or psychological disturbance, just as a
headache is a symptom of a physical disturbance.
This means that the juvenile delinquent or adult
offender is in need of treatment. The job of
Probation Administration is to find out what the
problems are beneath the symptom and to
recommend appropriate treatment plans;
3. That the individual has the ability to change and
modify his anti-social behavior with the right kind to
help;
4. The central goal of Probation Administration is to
enhance the safety of the community by reducing
the incidence of Criminal Acts by person previously
convicted. The goal is achieved through
counseling, guidance, assistance, surveillance and
restraint of offender to enable their reintegration
into society as law abiding and productive
members;
5. The basic idea underlying a sentence to
probation is very simple. Sentencing is in large
part concerned with avoiding future crimes by
helping the defendant learn to live productively
in the community which he has offended;
6. This is of course not to say that probation
should be used in all cases, or that it will always
produce better results. There are many goals of
sentencing some of which in given case may
require the imposition of a sentence to
imprisonment even in the face of a conclusion
that the probation is more likely to assure the
public that the particular defendant will not
offend again.
7. By the same token however, it can be said that probation
is a good bit more than the “matter of grace” or “leniency”
which characterizes the philosophy of the general public
and of many judges and legislators on the subjects.
Probation is an affirmative correction too, a tool which is
used not because it is maximum benefits to the
defendant, but society which is sought to be served by the
sentencing criminals;

8. An adequate correctional system will place great reliance

on appropriately funded and manned probation services.
Within such context probation can lead to significant
improvement in the preventive effects of criminal law, at
much less of a financial burden than the more typical
prison sentence;
9. Imprisonment as sole cure for prevalence of crime is
no longer recognized. Prisons are in themselves often
productive of crimes and destructive of the keepers as
well as the kept.
10. It is generally concealed that probation a matter of
privilege to be granted refused at the discretion of the
state. The applicant has already been convicted and
sentenced by the court and it is only by the mercy of
that he maybe given probation;
11. No violation of probation conditions should result in
automatic revocation;
12. No physical would undertake to prescribe treatment
for sick man unless he has report of his ailment and
condition (diagnosis). In like manager, judge should not
pass judgement on a man without a post-sentence
investigation report.
D. PRINCIPLES TO BE OBSERVED BY THE
PROBATION OFFICER
1. Acceptance- accepts and tries to perceive and deal
with probationer as he is, including his strengths and
weakness, congenial and uncongenial qualities,
positive and negative feelings, constructive and
destructive attitude and behavior. Believes that
probationer has the innate capacity to his problem if
give the proper understanding and condition.
2. Individualization – recognizes and understands each
probationer’s unique qualities and the differential
use of methods in assisting him towards better
adjustment. It is based upon the right of cient to be
treated not just any human being with his own
unique personal diffences.
3. Communication- take s a clear interpretation of his role in
the helping process, and what his probationer should do
in order to help himself. In other words, each must
understand the role of the other.
4. Self- Awareness- know his emotional conflicts and
unresolved problems. Self-knowledge leads to greater
objectivity and fairness in dealing with probationer. The
probationer officer will not place his own needs above
those of the probationer nor exploit a situation in his own
purpose. He will concentrate on the solution of the
probationer’s problem and not attempt to solve his own
problems at the expense of the probationer through the
relationship.
5. Controlled Emotional Involvement- knows the
boundaries of his professional role in dealing
with his probationer. Objectivity in dealing with
the reality of the probationer problem must be
observed to be effective in helping process.
Empathy not sympathy is the key word.

6. Participation- this is based on a democratic

principles and Christian doctrine. He must see
the individual probationer as the chief actor in
his own life; creator as well as creature,
actuated by inner and to act on choices or
decisions throughout his life.
 H. BENEFITS OF PROBATION

1. Probation protects society

a. From the excessive cost of detention
b. From the high rate of recidivism of detain
offenders
2. Probation protects the family
a. It provides restitution
b. to preserve justice
3.Probation protects the family
a. It does not deprive the wife and the children of
husband and father.
b. It maintains the unity of the home.
4. Probation assists the government
a. It reduces the population of prisons and jails.
b. It lessens the clogging of courts
c. It lightens the load of prosecutor
d. It sustains the law enforcement
5. Probation helps the offender
a. It maintains his earning power
b. It provides rehabilitation in the community
c. It restores his dignity
6. Probation justify the philosophy of men that
a. Life is sacred.
b. All men deserve a second time.
c. An individual can change.
d. Society has a moral obligation to lift the fallen.

I. ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom and
aids offenders while undergoing treatment and
rehabilitation in the community.
2. it conforms with modern humanistic trends in
penology
3. It protects society by placing under close supervision
non-dangerous offender while undergoing
treatment and rehabilitation in the community.
4. it prevents youthful or first time offenders from
turning into hardened criminals.
5. it is measure of cutting enormous expense in
maintaining jails.
6. it reduce recidivism and over-crowding in jails
and prisons
7. it reduces the burden of the jail force and
institutions of guarding detainees.
8. it gives the first and light offenders a second
chance in life and provided an opportunity for the
reformation of a penitent offender.
9. it makes the offender productive; a taxpayer
instead of tax burdens
10. It restores to the successful probationer his civil
rights.
11. It has been proven to be effective in developing
countries that have adopted it.
12. It is advocated by the united nations in its
various congress in crime prevention and
treatment of offenders.
CHAPTER II- THE ADULT PROBATION
LAW

PRESIDENTIAL DECREE NO. 968 JULY

24, 1976
ESTABLISHING A PROBATION
SYSTEM, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER
PURPOSES
WHEREAS, one of the major goals of the
government is to establish a more enlightened and
humane correctional systems that will promote the
reformation of offenders and thereby reduce the
incidence of recidivism; WHEREAS, the
confinement of all offenders prisons and other
institutions with rehabilitation programs constitutes
an onerous drain on the financial resources of the
country; and likely to respond to individualized,
community-based treatment programs; NOW,
THEREFORE, I FERDINAND E. MARCOS,
President of the Philippines, by virtue of the
powers vested in me by the constitution, do
hereby order and decree the following:
Section 1. title and scope of the decree. This decree
shall known as the probation law of 1976. it shall
apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree
Numbered Six Hundred and Three and Similar Laws.
Section 2. purpose. This decree shall be interpreted so
as to:
(a) Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
(b) Provide an opportunity for the reformation of a
penitent offender which might be less probable if he
were to serve a prison sentence; and
(c) Prevent the commission of offenses.
Section 3. meaning of terms. As used in this decree,
the following shall, unless the context otherwise
requires, be construed thus:
(a) “Probation” is a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
(b) “Probationer” means a person placed on probation.
(c) “Probation officer” means one who investigates for
the court a referral for probation or supervises a
probationer or both.
Section 4. Grant of probation. Subject to the provisions
of this decree, the court may, after it shall have
convicted and sentenced and place the defendant
and upon application at any time of said defendant,
suspend the execution of said sentence and place the
defendant on probation for such period and upon
such term and conditions as it may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. An
application for probation shall be filled with the trial
court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The
filing of the application shall be deemed a waver of
the right to appeal, or the automatic withdrawal of a
pending appeal.
An order granting or denying probation shall not be
appealable.

Section 5. Post-sentence Investigation. 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
defendant will be served thereby.

Section 6. Form of investigation Report. The

investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form
prescribe by the probation administrator and
approved by the secretary of juctice.
Section 7. 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 recognized the custody of a responsible member
of the community who shall guarantee his appearance
whenever required by the court.
Section 8. criteria for placing an offender on probation.
In determining whether an offender may be placed on
probation, the court shall consider all information
relative, to the character, antecedents, environment,
mental and physical condition of the offender, and
available institutional and community resources.
Probation shall be denied if the court finds that:
(a) The offender is in need of correctional treatment that
can be provided most effectively by his commitment
to an institution;
(b) there is undue risk that during the period of
probation the offender will commit another crime; or
(c) Probation will depreciate the seriousness of the offense
committed.
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 years;
(b) convicted of any offense against the security of the state.
(c) who have previously been convicted by final judgment of
an offense punished by imprisonment of not less than
one month and one day and/or a fine of not less than
two hundred pesos;
(d) who have been once on probation under the provisions
of this decree; and
(e) Who are already serving sentence at the time the
substantive provisions of this decree became applicable
pursuant to Section 33 hereof.
Section 10. conditions of probation. Every probation
order issue by the court shall contain conditions
requiring that the probationer shall:
(a) Present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within
seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a
month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational
training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
(g) refrain form visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to
excess;
(i) permit to probation officer or an authorized social
worker to visit his home and place or work;
(j) reside at premises approved by it and not to change
his residence without its prior written approval; or
(k) 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.
Section 11. Effectivity of probation order. A probation
order shall inform the offender of the consequences
thereof and explain that upon his failure to comply with
any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the
penalty imposed for the offense under which he was
placed on probation.
Section 12. modification of condition of probation.
During the period of probation, the court may, upon
application of either the probationer or the probation
officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer
or the probation officer of the filing such an application
so as to give both parties an opportunity to be heard
thereon. The court shall inform in writing the probation
officer and the probationer of any change in the
period or conditions of probation.
Section 13. Control and supervision of probationer. The
probationer and his probation program shall be under
control of the court who placed him on probation
subject to actual supervision and visitation by a
probation officer.
Whenever a probationer is permitted to reside in a place
under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of
First Instance of that place, and in such a case, a copy of
the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over
the probationer is transferred shall have the power with
respect to him that was previously possessed by the court
which granted the probation.

Section 14. period of probation

(a) the period of probation of a defendant sentenced to a
term of imprisonment of not more than one year shall not
exceed two years, and in all other cases, said period shall
not exceed six years.
(b) when the sentence imposes a fine only and the offender
is made to serve subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than
or to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate
established, in article thirty-nine of the Revised Penal
Code, as amended.
Section 15. arrest of probationer; subsequent disposition. At
any time during probation, the court may issue a warrant
for the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary,
of the violation charged. The defendant may be admitted
to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged
with 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 16. termination of probation. After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court
may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated.
The final discharged of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharged his liability for any
fine imposed as to the offense for which probation was
granted. The probationer and the probation officer shall
each be furnished with a copy of such order.

Section 17. confidentiality of records. The investigation

report and the supervision history of a probationer
obtained under this decree shall be privileged and shall
not be disclose 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 18. the probation administration. There is
hereby created under the department of justice an
agency to be known as the probation administration
herein referred to as the administration, which shall
exercise general supervision over all probationers.
The administration shall have such staff, operating units
and personnel as may be necessary for the proper
execution of its function.
Section 19. probation administration. The administration
shall be headed by the probation administrator, shall
receive an annual salary of at least forty thousand
pesos. His powers and duties shall be to;
(a) act as the executive officer of the administration;
(b) exercise supervision and control over all probation
officers;
(c) 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;
(d) promulgate, subject to the approval of the secretary
of justice, the necessary rules relative to the methods
and procedures of the probation process;
(e) recommend to the secretary of justice the
appointment of the subordinate personnel of his
administration and other offices established in this
decree; and
(f) generally, perform such duties and exercise such
powers as may be necessary or incidental to achieve
the objectives of this decree.
Section 20. assistant probation administration. There
shall be an assistant probation administrator who
shall assist the administrator perform such duties as
may be assigned to him by the latter and as may be
provided by law. In the absence of the administrator,
he shall acts as head of administration. He shall be
appointed by the president of the Philippines and shall
receive an annual salary of at least thirty-six thousand
pesos.
Section 21. qualifications of the administrator and
assistant probation administrator. To be eligible for
appointment as administrator or assistant probation
administrator, a person must be at least thirty-five
years of age, holder of a master’s degree or its
equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public
administration, law , police science, police
administration, or related fields, and should have at
least five years of supervisory experience, or be a
member of the Philippine Bar with at least seven
years of supervisory experience.
Section 22. regional office; regional probation officer.
The administration shall have regional offices
organized in accordance with the field service area
patterns established under the integrated
reorganization plan. Such regional offices shall be
headed by a regional probation officer who shall
exercise supervision and control over all probation
officer within his jurisdiction and such duties as may
assigned to him by the administrator. He shall have
an annual salary of at least twenty-four thousand
pesos.
Section 23. provincial and city probation officers. There
shall 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 civil service law and rules.
The provincial or city probation officer shall receive an
annual alary of at least eighteen thousand four
hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for
investigation by the proper court or the administrator;
(b) instruct all probationers under his supervision of that
of the probation aide on the terms and conditions of
their probations;
(c) 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;
(d) maintain a detailed record of his work and submit
such written reports as may be required by the
administration or the court having jurisdiction over the
probationer under his supervision;
(e) prepare a list of qualified residents of the province or
city where he is assigned who are willing to act as
probation aides;
(f) supervise the training of probation aides and oversee
the latter’s supervision of probationers;
(g)exercise supervision and control over all field
assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court
or the administration.
Section 24. miscellaneous powers of provincial and city
probation officer. Provincial or city probation officers shall
have the authority within their territorial jurisdiction to
administer oaths and acknowledgements 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.
Section 25. 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 he possesses at least a
bachelor’s degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police
science, administration, or related fields and has at least
three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the
Philippine bar with at least three years of supervisory
experience.
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 26. Organization. Within twelve months
from the approval of this decree, the secretary of
justice shall organize the administrative structure
of the administration and the other agencies
created herein. During said period, he shall also
determine the staffing patterns of the regional,
provincial and city probation offices with the end in
view of achieving maximum efficiency and
economy in the operations of the probation
system.
Section 27. Field assistants, subordinate personnel,
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.
Section 28. probation aides. To assist the provincial or
city probation officers in the supervision of
probationers, the probation administrator may appoint
citizens of good repute and probity to acts as
probation aides. Probation aides shall not receive any
regular compensation for service except for
reasonable travel allowance. They shall hold office for
such period as may be determine by the probation
administrator. Their qualifications and maximum case
loads shall be provided in the rules promulgated
pursuant to this decree.
Section 29. Violation of confidential nature of probation
records. The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging
from hundred to six thousand pesos shall be imposed
upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized

the appropriation of the sum of six million five hundred
thousand pesos or so much as may be necessary, out
of any funds in the national treasury not otherwise
appropriated, to carry out the purposes of this decree.
Thereafter, the amount of at least ten million five
hundred thousand pesos or so much as may be
necessary shall be included in the annual
appropriations of the national government.
Section 31. repealing clause. All provisions of existing laws,
orders and regulations contrary to or inconsistent with this
decree are hereby repealed or modified accordingly.
Section 32. separability of provisions. if any part, section or
provisions of this decree shall be held invalid or
unconstitutional, no other parts, sections or provisions
hereof shall be affected thereby.

Section 33. effectivity. This decree shall take effect upon its
approval: Provided, however, that, the application of its
substantive provisions concerning the grant of probation
shall only take effect twelve months after the certification
by the secretary of justice to the chief justice of the
supreme court that the administrative structure of the
probation administration and of the other agencies has
been organized. Done in the city of manila, this 24th day of
july in the year of our lord, nineteen hundred and seventy
six. (1976)