NON-INSTITUTIONAL

CORRECTION
(Community Based Correction)

“ PROBATION”
Probation- It comes from latin verb
“Probare” means to Prove or to Test.
This term coined by John Augustus also
known as as the Faher of Probation.
House Bill No. 393

– filed by Teudolo C. Natividad and

Ramon Bagatsing. This is the second
Bill/measure that attempts to established
an adult probation in the Philippines. It was
passed in the lower house but pending in
the senate when martial law was
proclaimed.
 The present probation law:

Presidential Decree 968

– Probation Law of 1976
- This was signed into law by then
President Ferdinand Marcos on July 24,
1976 during the last day of the first
national conference on Crime Control held
at Camp Aguinaldo.
January 3, 1978 – effectivity of the
application of the substantive provisions
concerning grant of probation.

Teudolo C. Natividad – former

NAPOLCOM commissioner and former
Congressman of Bulacan.
- Known as the “father” of
Probation in the Philippines.
 Application for Probation

- The application for probation shall be

filed by sentenced or convicted offender
whose sentence is not more than 6 years
imprisonment. It shall be filed with the
court that tried and sentenced the
offender.
- Section 32, RA 6425 (Dangerous Drug
Act of 1972) Probation is granted to drug
addicts.
- PD 603, amended by PD 1179 (Child &
Youth Welfare Code) probation to minor
offenders.
- PD 968 was approved only on July 24,
1976 and became operational on January
3, 1978. Sentenced offenders 18 years
and above can apply probation before
serving sentence.
- The first probation in 1937 was declared
unconstitutional because it covers only
provinces that can financially afford to
adopt the law.
 Petition for Probation

Is there a need to apply for probation to

avail of its benefits?

- Yes, it will not be granted except

upon the application by the accused. The
necessity for such application is indicated
in Sec. 4, PD 968, which states that “the
trial court may, after it shall have convicted
and sentenced a defendant and upon
application by said defendant within the
period of perfecting an appeal….
When can a petitioner file his
application for probation?

- the law says that the application

should be made within the period for
perfecting an appeal or within 15 days
from the promulgation of notice of
judgment.
Is there a form prescribed for the
application for probation?

- Yes, it shall be in the form approved

be the Secretary of justice as
recommended by the Administrator or as
may be prescribed by the SC.
Where can we file the application for
probation?

-The application for probation be filed

directly to the trial court that heard and
sentenced the person applying for
probation.
What then be the duty of the court after
receipt of the application?

- the trial court may notify the

concerned prosecuting officer of the
application at a reasonable time before the
scheduled hearing thereof.
Procedures in Applying for Probation:

1. The offender or his counsel files a

petition with the convicting court
2. The court determines convict
qualifications and notifies the
prosecutor of the filing of the petition
3. The prosecutor submits his comments
on such application within 10 days
from receipt of the notification
4. If petitioner is qualified, his application
is referred to the probation officer
for post-sentence investigation
5. The Post-Sentence Investigation Report
(PSIR) is submitted by the probation
officer to the court within 60 days
6. The court grants or denies the petition
for probation within 15 days upon
receipt of the PSIR.
Effects of filing an application for Probation

a) the court may, upon receipt of the

application suspend the execution of
sentence imposed in judgment;
b) pending the submission of the PSIR
and the resolution on the
application, the applicant may be
allowed on temporary liberty under his
bail, on a new bail, or released on
recognizance.
 Disqualifications for Probation

a. Those who were sentenced to more than 6 years

b. Those who were convicted of crimes against the
security of the state (Art. 134 to 157 except 135, 140 and
152 of the RPC)
c. Those previously convicted and punished of not less
than 1 month and 1 day imprisonment and/or fine of not
less than 200 pesos (include those punished with
destierro)
d. Those who were previously granted probation under
P.D. 968
e. Those who were already serving their sentence when
probation became applicable
 The Court will not grant Probation if it
finds:

a. The offender can be treated better in a

mental institution or other places for
correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of
the community
When Probation is granted, what
conditions are imposed by the court?
a. The probationer must present himself
to his probation officer within 72 hours
b. Report to his probation officer at least
once a month
c. Not to commit another crime
d. Comply with any other lawful
conditions imposed by the court.
If the probationer committed a crime
while under probation, what would be
the consequences?
a. The probationer will be arrested for
violation of the condition of probation
b. Prosecution of the new crime
committed
c. The court will order the serving of the
original sentence of the previous offense
One Government Entity Responsible for
Community Based Correction of
PROBATION is the:

 PPA(Parole and Probation

Administration)
1.They conduct investigations of all cases in
relation to parole, probationers and pardon.
2. They also responsible for the supervision of
all parolees, probationers and conditional
pardonees.
How long is the period of probation?

a. Not more than 2 years if the sentence is

imprisonment for 1 year or less
b. Not more than 6 years if t he sentence
is imprisonment for more than 1 year but
not more than 6 years.

Note: Probation starts upon issuance of

the court granting probation.
When should probation be denied?

a. The offender is in need of correctional

treatment that can be provided more
effectively by his commitment to an institution
b. There is undue risk that during the period of
probation the offender will commit another
crime
c. Probation will depreciate the seriousness of
the offense.
 The offender may be released
pending application for probation:

a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible
member of the community if unable to
file bond
 When can the Court Modify the Conditions
for Probation?

a. at any time during supervision

b. after summary hearing when the probationer
violated any of its conditions
c. upon application by the probation officer or
the probationer himself

Note: only the judge who heard and decided the

case has the power to grant, deny, modify,
revoke and terminate probation.
OUTSIDE TRAVEL
1. Probation officer authorized the
probationer to travel outside the area of the
operation for a period of 10 days but not
exceeding 30 days.
2. If 30 days, Probation must file 5 days
before travel a request to travel outside for
the approval of Probation authorities.
3. If more than 30 days Probation
Authorities shall recommend for Court
Approval.
CHANGE OF RESIDENCE
1. The probationer must file a request
for change of residence at the city
or provincial Parole and Probation
officer to the court approval.
2. If approved, The RTC which has
jurisdiction over the place shall
have full control of the probationer.
Who is a volunteer probation aide?
- he/she is a civilian of good repute
and integrity, at least 18 years of age,
appointed by the Probation
Administration to assists the Pos in
investigation and supervision. A VPA is
not entitled to salary but is given a
reasonable travel allowance.
Termination of Probation:
after the probationer has
satisfactorily completed the probation
period, the Probation Officer shall
submit termination report to the court
containing the ff:
a. condition of probation
b. program of supervision and
response to treatment
c. recommendation
Two ways of terminating probation:
1. After period of probation with satisfactory
compliance with conditions of
probation.
2. Other ways of terminating probation
a. termination before the expiration of
the period (served at least 1/3 of the
imposed period but not less than 6
months)
b. termination by pardon of the
probationer (either absolute or
conditional)
c. Deportation of the probationer – when
an alien on probation is deported,
probation will necessary be
terminated.

d. Death of probationer.
Rights Restored after Termination of
Probation
a. All civil rights suspended when the
offended was convicted and sentenced
are restored after the termination of
probation
b. liability to pay a fine is also discharged
IN CASE OF SUBSIDIARY
IMPRISONMENT
 How Can Probation help in the
Prevention of Crime?
- when in the community, he is helped
and given opportunities to be productive
and responsible instead of going to
prison
- hopefully, these situations restrain the
probationer from committing crime
 How can Community help in the
Success of Probation?
1. community accepting the probationers,
giving them a feeling of belongingness
2. community agencies and schools are
being opened for the training and
treatment of probationers
3. community leaders and layman
allowing the participation of
probationers in developmental
programs
4. religious organizations giving the
probationers spiritual advice and
extending their social action programs
to probationers
5. various organizations providing
temporary housing for probationers
6. the community playing an equally
important role after the termination of
probation, it should be ready for the
reintegration of the individual into
community life.
 Difference of Probation from Imprisonment
and Parole:
1. Probation is an alternative to imprisonment.
Instead of being confined in prison, the
probationer is released to the community
by the court with conditions to follow and is
placed under the supervision of PO.
2. Parole is a conditional release of a prisoner
whereby he is placed under the
supervision of a Parole Officer after serving
his minimum sentence.
3. Probation is a community-based approach to
reformation of offenders, while
imprisonment adopts the institutionalized
approach.
4. Probation is handled by the Probation
Administration while parole is administered
by the Parole Board
5. Probation is enjoyed only once while parole
may be granted more than once,
depending on good behavior during
imprisonment.
6. Probation is more beneficent because it
restores full civil rights to the probationer
upon termination unlike parole.
7. Probation is essentially a judicial function
(under the control of the court) while parole
is an executive function (under the Parole
Board).
Notes to remember:
P.D. 1257 – participation of the prosecutor in
the determination of the application for
probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1
day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years
and 1 day to 6 years or less
E.0.292 (Administrative Code of 1987) –
renamed the Probation Administration into
Parole and probation Administration
NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege

NATURE OF POST SENTENCE INVESTIGATION

- It is recommendatory in nature and address to
the sound discretion of the trial court

EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying
probation SHALL NOT BE APPEALABLE.
Probationer – a person placed on probation

Absconding probationer – a person whose

probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts are
unknown for a reasonable period of time.

Probation officer – one who investigates for

the court a referral for probation or one who
supervises a probationer or both.
Leader: Sydney D. Traboco
Sub-Leadar: Lailanie S. Deleon
Member: Abella Geoffrey P.
Grafil Ma. Isabel
Operario Ma. Magdalene
Roncales Jeanelyn R.
Colongon Mark Daniel D.
Balena Larry Q.
Naparate Cris Q.
Norcio Juvy P.
Agus Rhazel B.