Name: Amargo, Nicole Shane T.

Course and Section: BSCRIM D2019

Subject: CA2 Non-Institutional Corrections

Professor: Prof. Michael John Dionisio

Date: December 01, 2021

ACTIVITY REPORT

I. Introduction

In celebration of 15th founding anniversary of Taguig City University, the deans

and professors including the students were gathered virtually in a webinar titled “Taguig
City University Virtual Town Hall Discussion, THE PAROLE AND PROBATION
ADMINISTRATION ORGANIZATIONAL MANDATE: MEETING CHALLENGE AMID
PANDEMIC TOWARDS AN EFFECTIVE COMMUNITY- BASED CORRECTIONS” with
the guest speaker, Atty. Marissa L. Ednaco, a lawyer and a member of prosecutors lead
of the Philippines yet started as a probation and parole officer under Department of
Justice in which proves that she is knowledgeable and it was really one of her expertise.
The learning objectives of the webinar is to provide a foundation of understanding of
Parole and Probation, to outline the purpose and importance of it and how it is related
and helpful in criminal justice system of our country.

II. Summary of the presentation

All of informations in the presentations were precise and explained

comprehensively. It stated the idea of criminal justice system and the meaning of parole
and probation, how it’s different from each other. It discussed the history of it as a law
and how it was implemented and became a privilege. It explained the purpose and the
major functions as well as its effectiveness. It illustrated the concept and the process,
who and who are not qualified. The responsibilities and conditions when it was granted
to a criminal same with the duties of the parole and probation officers. It also explained
Therapeutic Community Modality as a program in probation and parole and the
importance of the Restorative Justice Principle. Which were all significant to know as
criminology students for us to be knowledgeable where it could be also a guide when
we started our professions in line with criminal justice in the Philippines.

III. 7 Salient points of the webinar

As I listened attentively to the speaker and understand the presentation, the salient
points are:

1. The idea of Criminal Justice System and the meaning of parole and
probation, their difference.

The criminal justice seeks to deter future crimes by creating penalties for
criminal conduct and rehabilitates criminals through incarceration. It is a system
that delivers “justice” through a punishment proportionate to the crime.

The probation is part and parcel offender’s initial sentence, whereas parole
comes much later, allowing the offender early release from a prison sentence.
Probation is handed down by the judge at the time of sentencing. It doesn’t have
to come with jail time but can. The judge will specify restrictions on the offender’s
activities during the probationary period.

Parole is granted by a parole board, after the offender has served some– or
perhaps a lot—time. The parole board may consider factors such as the
offender’s behavior in prison and level of rehabilitations and let him or her out
early. The parole board can also specify restrictions on the person’s activities
while on parole.
2. Probation as a law and its history
Presidential Decree No. 968, otherwise known as Probation Law of 1976
was enacted on July, 1976 by President Ferdinand E. Marcos. This law was
upon the promulgation of this law, hailed by criminal justice experts and
practitioners as significant milestone in the treatment of offenders in these
contemporary times.
Establishing a probation system, appropriating funds therefor and for other
purposes.

3. The purpose of parole and probation

Under section 2 of Presidential Decree No. 968, the purposes are stated as:
a) Promote the correction and rehabilitation of an offender by providing him
with individual 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

Probations and Parole are privileges which allows the criminals to avoid prison or
to be released from the prison after serving only a portion of their sentences. The
goals of probations and parole are to rehabilitate offenders and guide them back
into society while minimizing the likelihood that they will commit a new offense.

4. The grant of probation and parole

Under Section. 4 of Presidential Decree No. 968. The Grant of Probation was
stated as

The trial court may, after it shall have convicted and sentenced a
defendant for a probationable penalty and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence
and place the defendant on probation for such period and upon such terms and
 conditions as it may deem best. No application for probation shall be entertained
or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment 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 judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has
since been re-raffled. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for probation by submitting
a written application and attaching thereto a certified true copy of the judgment of
conviction.

The trial court shall, upon receipt of application filed, suspend the execution of
the sentence imposed in the judgment.

5. The concept and the investigation process probation and parole

There are processes in order to grant the probation and parole and when
it was already granted, it were all stated under Section 5, 6, and 7 under
Presidential Decree No. 968

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 prescribed by
the Probation Administrator and approved by the Secretary of Justice.
 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 recognize the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

6. Conditions and Responsibilities of probationer and parolee

The conditions and responsibilities of Probationer that discussed in the

webinar were all stated under Section 10 of Presidential Decree No. 968, these
are the following conditions:

Section 10.  Every probation order issued 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 from 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.

7. The Therapeutic Community Modality as a program, the Restorative Justice

Principle and Volunteerism

As explained from the presentation, the Therapeutic Community (TC) is an

environment that helps people get help while helping themselves. It operates in
similar fashion to a functional with a hierarchical structure of older and younger
members. Each member has a defined role and responsibilities for sustaining the
proper functioning of the TC. There are sets of rules and community norms that
members commit to live by and uphold upon entry. The primary “therapist” and
teacher is the community itself, consisting of peers, staff/probation and parole
officers and even Volunteer Probation Aides (VPA), who, as role models of
successful personal change, serve as guides in the recovery process.
 On the other hand, 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

However, the volunteerism is about the citizens of good standing in the

community that may volunteer to assist the probations and parole officers in the
supervision of a number of probationers, parolees and conditional pardonees in
their respective communities. Since they reside in the same community as the
client, they are able to usher in the reformation and rehabilitations of the clients
hands-on.

IV. Conclusion and Recommendations

In conclusion, the current situation of the parole and probation system today as
described beforehand tells us these systems really need some major fixing and
corrections. The effectiveness of the two are evident in the crime rate today, which is
steadily on the rise. I agree with the parole of offenders with a lesser crime because of
the overcrowding of jails. But if offenders are placed on parole for whatever crime, then
it is up to the justice system to develop effective programs and supervised by effective
people who are committed to help ‘reduce reoffending by offenders.

In recommendation on what we can do to improve probation and parole, the

Department of justice should adopt shorter supervision sentences and focus on goals
and incentives. They should establish effective and appropriate supervision conditions.
They must develop individualized conditions for payment of legal financial obligation
and reduce the use of and pathways to incarceration.