PRELIM LESSON 1:

INSTRUCTOR: ABANCUD
Non-Institutional Correction

INSTITUTIONAL CORRECTION
- That aspect of the correctional enterprise that involves the incarceration and rehabilitation of
adults and juveniles convicted of offenses against the law, and the confinement of persons
suspected of a crime awaiting trial and adjudication. The rehabilitation of an offender.
NON-INSTITUTIONAL CORRECTION (Community-Based Correction)
- That aspect of the correctional enterprise that includes pardon, probation, and parole activities,
correctional administration not directly connectable to institutions, and miscellaneous (activity)
not directly related to institutional care.
CORRECTION ENTITIES/AGENCIES OF THE GOVERNMENT
For Institutional-Based Corrections

 Bureau of Corrections

 Bureau of Jail Management and Penology

 Local Government Units (Provincial Jails)

For Non-Institutional-Based Corrections

 Parole and Probation Administration (Administrator)

 Board of Pardons and Parole (DOJ) (Secretary of Justice)

 Department of Social Welfare and Development (Secretary)

LINKAGES OF THE ADMINISTRATION WITH THE COMPONENTS OF THE

CRIMINAL JUSTICE SYSTEM

1. The Administration and the Philippine National Police

- With prior arrangement between the PNP and the Probation and Parole Officers, the former
may conduct surveillance on probationers, parolees and conditional pardonees within its
jurisdiction and monitor their activities to the Parole and Probation Authorities.

2. The Administration and the Prosecution

- The Prosecution Office is one of the primary sources of information of the

Administration in the Preparation of the reports as may be required by the Courts in
 various probation processes and/or Board, in case of pre-parole/executive clemency
investigation.
Example of information:

a. Type of offenses committed-

b. The circumstances surrounding its commission
c. The prosecutor’s insight into the character and behavior of the offender he had dealt with.

THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE

SYSTEM
Defining the Scope of Community Corrections
Community corrections: is a sanction in which offenders serve some or all their sentence in the
community.

Community sentence seeks to: 

1. Repair the harm the offender has caused the victim or the Community
2. Provide for public safety
3. Rehabilitate and promote effective reintegration
PROBATION ORIGINATE IN ENGLAND
1ST LAW IN USA

- Coined by John Augustus

- is derived from Latin word “ Probare” meaning to prove, to test
- It involves the testing of an offender as he proves that he is worthy of his freedom.

SHOCK PROBATION OR SHOCK IMPRISONMENT

- A variation on the concept of probation in U.S.

- It allows the sentencing judge to impose the legal sentence and order incarceration of the
offender, only to recall him after a brief legislatively defined period of imprisonment (in
Ohio a maximum of 130 days).

SPLIT SENTENCING (U.S)

- It is similar to shock probation and is found in the federal courts.

- The offender is actually sentenced to a term in prison, but is notified in advance that, after
a given brief period of satisfactory behavior, he can serve the remainder of his sentence
on probation.
HISTORICAL CONTEXT OF PROBATION
Two names are most closely associated with the founding of probation:
1. Matthew Davenport Hill, an 18th century English barrister and judge.
2. John Augustus, a 19th Century Boston boot-maker and a shoe maker. (BUSINESS
NYA)

Matthew Davenport Hill

 As a young professional in England, Hill had witnessed the sentencing of youthful

offenders to one-day terms on the condition that they are 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

 John Augustus, the "Father of Probation," is recognized as the first true probation
officer. Augustus was born in Woburn, Massachusetts, in 1785.
 1829- he was a permanent resident of Boston and the owner of a successful boot-making
business.
 Joined Washington Total Abstinence Society
 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.
 Augustus thus began an 18-year career as a volunteer probation officer.
 Augustus was subsequently credited with founding Investigations, one of 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 treating offenders.
 1843, Augustus broadened his efforts to children when he took responsibility for two
girls, ages eight and ten, and an 11-year-old boy, all of whom had been accused of
stealing.
 1846, he had taken on the supervision of about 30 children ranging from nine to 16 years
old. In his own words he describes his ongoing work with children before the court:
  1847, he bailed nineteen boys, from seven to fifteen years of age, and in bailing them it
was understood, and agreed by the court, that their cases should be continued from term
to term for several months, as a season of probation; thus each month at the calling of the
docket, he would appear in court, make his report, and thus the cases would pass on for
five or six months.
 At the expiration of this term, twelve of the boys were brought into court at one time, and
the scene formed a striking and highly pleasing contrast with their appearance when first
arraigned.
 1858- John Augustus had 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 standard.
 Died on June 21, 1859

IMPORTANT DATES TO REMEMBER

 1859- The first probation statute, enacted in Massachusetts shortly after Augustus death,
was widely attributed to his efforts.
 1878- the law was passed providing for the appointment of a Probation officer for the
City
 of Boston.
 1891- the law of Massachusetts was passed, that law requiring all criminal courts of the
State of Massachusetts to employ probation officers.
 1897 – Massachusetts became the 1st state enact and adopt “Parole of Convicted Persons
Law”
 1898 – Vermont became the 2nd state to enact a real probation law.
 1899- The first juvenile court was established in Chicago. Formalization of the concept of
Intake is credited to the founders of the Illinois juvenile court
 1899 Rhode Island followed as the 3rd state to enact a real probation law. A complete
state-administered system appeared first here. Minnesota and Illinois enacted laws giving
probation service to children only.
 1900 – New Jersey joined the other states and the 4 th state to pass a general probation law
after the New England Model. Also New York became the fifth state to provide for adult
probation.
 May 19, 1924 – the Probation Bill was placed on the Unanimous Consent Calendar and
three (3) objections were tabled. However, was reported without amendment.
 March 2, 1925 – following a debate at the lower House the Probation Bill passed by a
vote of 170 against 49.
 March 3, 1925 – the probation Bill was signed by the House Speaker and the Senate
President Pre Tempore; it was then transmitted to the President of the United Sated.

FATHER COOK

 1870
 Bostonian
  He continued the work of Augustus by identifying youthful offenders being tried in the
courts and whose cases were committed by force of circumstance and not due to the
criminal nature of the accused.

GOV. ALEXANDER B. RICE – he signed into the law the first probation law, that is passed by
the Legislature of Massachusetts on April 26, 1878
GARDINER TUFTS
Director of Massachusetts Boston of State Charities, reported in an address that “the
result probation in cases of juvenile offenders proved so decisively good” that the legislature 2
years later authorized the city of Boston to appoint a probation officer for adults and at the
session of the Legislature at the present year, a statute was enacted permitting the appointment of
a probation officer adult offenders in every city and town in the state.”
EDWARD H. SAVAGE

 He was appointed as the First government probation officer.

 He was the former chief of police of Boston City.

VERMONT ACT OF 1898

- was the second state-enacted probation law

- The offender or the probationer was the one who pays the trial cost.

SEN. ROYAL S. COPELAND OF NEW YORK

- He introduced the Second Federal Probation Bill on Dec. 12, 1923 sponsored by REP.
GEORGE S. GRAHAM which was later on approved by the two separate chambers.
FEDERAL PROBATION ACT OF 1925

- Signed by President Calvin Coolidge on March 4, 1925.

BRIEF HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES
- The enactment of the juvenile probation law under the 1932 Revised Penal Code started
the probation system in the country.

COMMONWEALTH ACT NO. 4221

- popularly known as the Philippine Probation Act

- Approved on August 7, 1935
CHIEF PROBATION OFFICER

- Head of the Probation Office

- Appointed by the Governor-General with the consent of the Senate
NOVEMBER 16, 1937 – the Probation Act of was struck down as unconstitutional on the
grounds that: (The People of the Philippines and the HSBC vs Jose o. Vera and Mariano Cu
Unjieng)

1. Said Act encroaches upon the pardoning power of the Chief Executive/President;
2. It made an undue delegation of legislative power to the provincial boards;
3. It contravened the equal protection of the law clause. Thus “the People vs Vera” case
sealed the fate of fledging Act No. 4221. It doomed the Act to be the first and last
probation law in the Philippines.

TEODULO C. NATIVIDAD

- Considered as the “Father of Probation in the Philippines “.

- He initiated the drafting of the Probation System.

NATIONAL POLICE COMMISSION INTERDISCIPLINARY

- Drafted a Probation Law

- 18 technical hearings over six months, the draft decree was presented to a selected group
of 369 jurists, penologists, civic leaders and social and behavioral scientists and
practitioners.

PRESIDENTIAL DECREE NO. 968 – “Adult Probation Law of 1976” was signed into law by
the President (Ferdinand Marcos) of the Philippines on JULY 24, 1976.
JANUARY 3, 1978 – the probation system started to operate.
Amendments – P.D No. 1257 on December 1, 1977, BP 76 on June 13, 1980 and later on by
P.D. No. 1990 on October 5, 1985, RA 10707 Nov. 26, 2015

P.D. No. 968, as amended, provides for the rules and regulations on probation, which are
currently enforced.
PPA – replaced the old Probation Administration that is mandated to administer the provisions
of the Probation Law.
PD 1257, Section 4, provides for the period during which an application for probation may be
granted, and that is after the trial court shall have convicted and sentenced a defendant but before
he begins to serve his sentence.
PD 1990 – On October 5, 1985, Section 4 was once again amended, it establishes a much
narrower period during which an application for probation may be filed with the trial court:
“after (the trial court) shall have convicted and sentenced a defendant and within the period for
perfecting an appeal.” Took effect on January 15, 1986
November 23, 1989 – EXECUTIVE ORDER 292 – known as the “Administrative Code of
1987” transferred the function of supervising Parole and Pardoned offenders from trial courts to
the Probation Administration. The code changed the name of the agency to Parole and Probation
Administration (PPA) in order to reflect the change made by said law.
Sec 42 of R.A. 9344 “The Juvenile and Welfare Act of 2006” further modified Sec. 4 of P.D.
968.
Sec.42 – Probation as an Alternative to Imprisonment – the court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any
time, place the child on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of PD 968, otherwise
known as the Probation Law of 1976”, is hereby amended accordingly.
PROBATION TERMINOLOGIES

 Amicus Curiae – means a “friend of court” (A Parole and Probation Administration

(PPA) official, upon written invitation or order of the Trial Court, may appear as amicus
curiae on any probation investigation and supervision issue, concern or matter only not
on legal questions, the latter issue being within the province of the courts decide or
resolve.
 Pardon – is the act of releasing person from legal penalties for a crime he/she has
committed. Offenders can be pardoned before or after they are convicted. Pardons are
granted by the chief executives, sometimes on the recommendations made by others. A
person granted pardon is entirely free and is not regarded as criminal because the pardon
has the effect of wiping out the conviction.
 Parole – is the early release of criminals from prison, in most cases as a reward for good
behavior.
 Petitioner – is a convicted and sentenced offender who applies for probation.
 Post-sentence Investigation – is an inquiry conducted by a probation officer on a court
referral to gather information about a petitioner for probation relative to his character,
antecedents, environment, mental and physical condition, and the available rehabilitative
institutional and community resources.
 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.
 Probationer – is a person who is placed under probation.
 Probation Aides – are citizens of good standing in the community who volunteer to
assists the Parole and Probation Officer in the supervision of a number of probationers
and parolees in their respective communities.
 Probation Office – refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case maybe.
 Probation Officer – is a public officer who investigates for the Trial Court a referral for
probation or supervises a probationer or does both.
 Probation Order – refers to the order of the Trial Court granting probation.
 Recidivist – Is one who, at the time of his trial for one crime, shall have been previously
convicted of final judgment of another crime embraced in the same title of the RPC.

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