St.

Louis College of Bulanao

Purok 6, Bulanao, Tabuk City, Kalinga 3800

TITLE/TOPIC
NON-INSTITUTIONAL CORRECTION

LESSON 2

I. INTRODUCTION

In this module, the historical context of probation, the concept and philosophy of probation,
elements and characteristics of probation, objectives purpose and characteristics of probation, will be
discussed.

II. LEARNING OUTCOMES

At the end of the lesson, the students should be able to:
 Explain fully the basic concepts, principles and philosophy of the probation system.
 Summarize and discuss the historical development of probation
 Digest and discuss the ruling of people vs. vera
 Differentiate P.D. 968 to act no. 4221.
 Apply learned concepts in their everyday life.
.
III. COURSE CONTENT
LESSON 2.1
INTRODUCTION TO PROBATION

Most correctional authorities’ believed that probation is one of the most effective and economical
tools which society now has available for the care, treatment and rehabilitation of certain adult and
juvenile offenders against the law. Probation is a procedure wherein a sentence of offender is
temporarily suspended and he is permitted to remain in the community, subject to the control of the
court and under the supervision and guidance of a probation officer. It is a privilege granted by the court
to a person convicted of a crime or criminal offense to remain with the community instead of actually
going to prison.
Presidential Decree no. 968 otherwise known as the Probation Law of 1976 recognizes such trend.
However, the decree separates adult probation from juvenile probation for it expressly excludes those
entitled to the benefits under the provisions of P.D 603, known as the Child and Youth Welfare Code
and similar laws.
Statements of the principles, goals and objectives of the Probation Law are found in its preamble. The
preamble indicates six essential goals, to wit;
1. An enlightened and human correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment program instead of
imprisonment.
5. It is limited only to offenders who are likely to respond to probation favourably
6. It is economical or less costly than confinement to prisons and other institutions with
rehabilitation programs.
To provide a less costly alternative to the imprisonment of first time offenders, then President
Ferdinand Marcos issued on July 24, 1976 Presidential Decree 968 knows as the Probation law of
1976.

A. PROBATION
The word probation is form 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.
In criminal law it is a period of supervision over an offender, ordered by the court instead of serving time in prison

REYNA DUMAGUING-SIBATON
 It 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 probation officer

B. TERMS TO PONDER
As used in Section 3 of PD 968 and Section 4 of Parole and Probation Administration omnibus
rules on probation methods and procedure, the following shall , unless the context otherwise
requires be construed thus:
1. Amicus curiae- means friend of court
2. Absconding petitioner- a convicted accused whose application for probation has been given
due course by the court but fails to report to the parole and probation office or cannot locate
within a reasonable period of time.
3. Absconding probationer- an accused whose probation was granted but failed to report for
supervision within the period specified by the court or a probationer who fail to continue
reporting for supervision and/whose whereabouts are unknown for a reasonable period of
time
4. Defense counsel – lawyer of the petitioner
5. Petition- application for probation
6. Petitioner- a convicted defected who files an application for probation
7. Probationer- means a person placed on probation
8. Probation- It 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 probation
officer
9. Probation investigation- the process of selection, diagnoses and planning with client
10. Probation supervision- the continuous process of helping the client to follow through with
the plans, revaluation and working with the client in the processes of planning his life to meet
dynamic situation
11. Probation officer- public officer like the Chief Probation and Parole officer, Supervising
Probation and Parole officer, Senior Probation and Parole officer and Parole and Probation
officer who investigates for the trial court necessary and related duties and functions as
directed.
12. Probation office- refers to either to the provincial or city probation office directed to conduct
investigation or supervision referrals as the case may be
13. Probation order – order of the trial court granting probation
14. Prosecutor- lawyer of the victim
15. Trial court- refers to the Regional Trial Court of the Province or City which has jurisdiction
over the case

C. CONCEPT AND PHILOSOPHY OF PROBATION

Presidential Decree 968 knows as the Probation law of 1976 defines probation. The
court convicts and sentences the defendant but the execution of the sentences, whether it
imposes a fine only or a term of imprisonment is suspended and the defendant is released on
probation. Probation implies that during a period of time fixed by the court, the defendant is
provided with individualized community based treatment including conditions he is required
by the court to fulfil his correction and rehabilitation which might be less probable if he were
to serve a prison sentence, and for this purpose, he is placed under the actual supervision
and visitation of a probation officer.
If the defendant violates any of the conditions of his probation, the court may revoke his
probation and order him to serve the sentence originally imposed. On the other hand if he
fulfils with the term and conditions of his probation, he shall be discharge by the court after
the period of probation, where upon the case against him is deemed terminated

D. ELEMENTS OF PROBATION
1. A post Sentence Investigation Report (PSIR) which will serve as the informational for the
court’s decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect the public safety and to faster
rehabilitation and reformation of the petitioner.
4. Supervision, guidance and assistance of the offender by the probation officer.

E. CHARACERISTICS OF PROBATION
1. More enlightened and humane correctional treatment

REYNA DUMAGUING-SIBATON
 2. It aims to promote the reformation of offenders
3. It reduces the incidence of recidivism
4. It extends to the offender individualized and community based treatment programs instead of
imprisoning them
5. It is limited to offenders who are likel;y to respond favourably there to
6. It is less costly than the confinement of all offenders in prisons.

LESSON 2.1
HISTORICAL DEVELOPMENT OF PROBATION

A. HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND

1. Mathew Davenport Hill- is considered as the “Father of Probation in England” He left an

interesting account of his experiments in the Birmingham Court. He was in the forefront of
reforming juvenile offenders. He finds persons who act as guardians of the juvenile offender.
Then at an unexpected period the confidential officer’s visits the guardians, makes inquiries
and keep notes of information’s received.
A lawyer in England held the judicial post of recorder in the City of Birmingham. While
his work did not as closely parallel modern-day probation as did that of Augustus, it clearly
contributed to the development of the practice.

B. HISTORICAL DEVELOPMENT OF PROBATION IN UNITED STATES

 The first state to enact a real probation law in United States is Massachusetts. The first
practical demonstration of probation, first used of terms as court service and the
enactment of first probation law occurred in Massachusetts.
 Another state adopting a partial measure was Missouri with its “parole of convicted
person’s law of 1897”.The second state to enact areal probation law
 On March 1925, the United State Federal Probation Act was enacted.

WHO IS JOHN AUGUSTUS

He is the Father of probation in United States. He is a Boston Shoemaker, first to
develop a sustained service to promote temperance and to reclaimed drunkards although later he
begun to take men and women charged with other crimes then eventually children. As indicated
by the story of the first case his method was to provide bail for a temporary suspension or
postponement of sentence, during which he sought to counsel and assist such person find homes,
securing employment and adjusting family difficulties. At the end of the probation period he
brought back the offender to court and if no further complaint have been lodge against the
offender the judge imposed a nominal fines with cost.
John Augustus originated rudimentary form many of techniques of probation officers and
other social workers today including casework, foster home, placement and other protective
work for women and children.

WHO IS ALEXANDER H. RICE

He provides and prescribed duties for paid probations officer.

WHO IS PRESIDENT CALVIN COOLIDGE

The former governor of Massachusetts

C. HISTORY OF PROBATION IN THE PHILIPPINES

1. The Adult Probation Law of 1935

 The Philippine legislature enacted the first probation of the Philippines. The first
legislation was act. No 4221 enacted by the Philippines legislator on August 7, 1935
and which created a probation officer under the Department of Justice lead by a Chief
probation officer appointed by the American governor general with the advice and
consent of the USA.
 The law only stayed in the statute book for only two years.
 The Act subsequently declared unconstitutional by the Supreme Court in Nov. 16
1937 in People vs. Vera.

REYNA DUMAGUING-SIBATON
 2. Who is TEODULO NATIVIDAD?
He is the Father of Probation in the Philippines. He headed the committee (IDCCP)
primarily task with the drafting of the Adult Probation Law.

3. The Adult probation Law of 1976

It took a long time before another attempt was made with introduction then by Cong.
Teodulo C. Natividad in collaboration with Ramon Bagatsing, house bill no. 393.
It established a probation system less costly alternative to the imprisonment of the
offender who is likely to respond to individualized community based treatment program.

D. FORRUNERS OF PROBATION
1. Benefits of the clergy- It is the earliest device for softening brutal severity of punishment. It
allowed certain accused to appeal to the court for leniency in sentencing by reading from the
Bible.
2. Judicial Reprieve- a convicted offender could ask the judge to suspend the sentence on the
condition that the offender displays future good behaviour; it is practiced by the English
Court in early 17th century.
3. Recognizance or “Binding over for good behaviour” This is considered as the direct
ancestor of probation. This involves an obligations or promise sworn to under court order by
a person not yet convicted of crime he would keep the peace and be of good behaviour.
4. Transportation- this was developed from unseen practice of banishment and flourish for
more than 200 years as a principal method of disposing offenders. It serves mainly as chief
source of supplying labour to the colonies of England.

IV. ASSESSMENT
GENERAL INSTRUCTION: Read each question very carefully. Answer legibly, clearly and concisely.
Write your answer on a yellow pad paper. Do not write anything at the back of your answer sheet. You may
use another sheet of paper until completed. Students who are residing in Tabuk should submit it personally
to the CJJE OFFICE on September 20, 2020. Those who are in Balbalan, Tanudan, Lubuagan, Tinglayan,
Pinukpuk and Pasil who cannot physically submit its hard copy should stay in their respective places until
someone will arrive for retrieval on September 21, 2020. Should you have any questions or clarifications,
you may message me through my messenger account (Reyna Dumaguing) or call my number
(09455776672).

I. RESEARCH CONNECTION. You may utilize any means necessary in this part.
1. Digest and discuss the ruling of People vs. Vera
2. Differentiate P.D. 968 to act no. 4221.
Note: Your answer in number 1 should be in a simple narrative report form. You
may write your answer in number 2 on a separate sheet of yellow paper.
II. LEARNING CHECK. This will test your knowledge on the basic concepts, principles and
philosophy of the probation system and historical development of probation.
Multiple-Choices. Identify and choose the letter of the correct answer.

1. Probation is considered as a matter of __________.

a. right b. exoneration of guilt c. privilege d.
consideration
2. He was a shoe-maker from Boston known as the father of probation in USA.
a. Zebulon Brockway c. John Augustus
b. Sir Walter Crofton d. Howard Gill
3. He was considered as the “father of probation in the Philippines”.
a. Juan Ponce Enrile c. Juan Agas
b. Ferdinand Marcos d. Teodulo Natividad
4. A Probation proceeds on the theory that the best way to pursue its goal is to orient the
criminal sanction towards the _____________ sentencing.
a. individual setting c. prison setting
b. community setting d. none of these

REYNA DUMAGUING-SIBATON
 5. It refers to the disposition after which the defendant after conviction and sentence is released,
subject o the conditions imposed by the court.
a. Parole b. Probation c. Amnesty d. Pardon

V. REFERENCES
 https://criminologyboardexamreviewer.weebly.com/industrial-security-management.html
 https://criminologyboardexamreviewer.weebly.com/industrial-security-management-definition-
of-terms.html
 Corpuz, W.M and Delizo, D.B.S.Industrial Security Management.Manual.Wiseman Books
Trading (2011)
 https://nces.ed.gov/pubs98/safetech/chapter5.asp

REYNA DUMAGUING-SIBATON
 St. Louis College of Bulanao
Purok 6, Bulanao, Tabuk City, Kalinga 3800

This module is a requirement of the St. Louis College of Bulanao in response to

the implementation of the Blended Learning way of Instruction.

This Learning Material is a property of the College of Education – St. Louis

College of Bulanao, Tabuk City. It aims to improve students’ performance specifically in
the Criminology Education.

Date of Development : September, 2020

Resource Location : Bulanao, Tabuk City
Learning Area : COAD 12 (Non-Institutional Corrections)
Learning Resource Type : Module

General Instruction/s:
The module covers the historical context of probation, the concept and
philosophy of probation, elements and characteristics of probation, objectives purpose
and characteristics of probation. Series of activities and discussions will encourage you
to explore and learn about the topic. Through this module, the following instruction/s
should be followed.

1. This module is exclusively for SLCB students only.

2. Reproduction and use of this module for any purpose is strictly prohibited, unless
with the written permission from SLCB.
3. You may use this module for any acceptable purposes.

REYNA DUMAGUING-SIBATON