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CHAPTER 1

The Criminal Justice System of the Philippines

The Criminal Justice System refers to the system or process in the community by which
crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in
court and punished, if found guilty, provisions being made for their correction and rehabilitation.
The Philippine criminal justice system is composed of five parts or pillars, namely, Law
Enforcement, Prosecution, Judiciary, Penology, and the Community. These institutions are
responsible for preventing crimes, enforcement of laws, and apprehension and prosecution of
those who violate the law. If the courts of law find them guilty of committing a crime, they shall
be confined in order for those people to be rehabilitated and to be reintegrated into the
community as law abiding citizens. These components operate in a manner being interdependent
and supportive of one another in order to achieve the very purpose of the system.
5 PILLAS OF CJS
1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTION
5. COMMUNITY

Early Forms of Punishment

1. Blood Feuds
2. Lex Talionis
3. Corporal Punishment
4. Capital Punishment
5. Exile and Banishment

1. Blood Feuds
Ancient culture developed the idea of justice based on vengeance, retribution and
compensation. When a crime is committed; the victim is expected to dole out justice with his
own hands. Punishment was carried out by the victim personally, along with help provided by
one's family. The offender will seek refuge in his family and friends; as a result of this system,
blood feuds developed. Blood Feud is a continuing state of conflict between two groups within a
society (typically kinship groups) characterized by violence, usually killings and counter killings.
2. Lex Talionis or Law of Retaliation
is a principle developed in early Babylonian law and present in both biblical and early
Roman law that criminals should receive as punishment precisely those injuries and damages
they had inflicted upon their victims. Many early societies applied this "eye-for-an-eye" principle
literally."

3. Corporal Punishment
Corporal punishment is the dispensing of bodily harm in response to or as a deterring
measure against crime." Corporal punishments include flogging, beating, branding, mutilation,
blinding, and the use of the stock and pillory." From ancient times through the 18th century,
corporal punishments were commonly used in those instances that did not call for the death
penalty or for exile or transportation. But the growth of humanitarian ideals during the
Enlightenment and afterward led to the gradual abandonment of corporal punishment, and by the
later 20th century it had been almost entirely replaced by imprisonment or other nonviolent
penalties.

4. Capital Punishment
Capital punishment, often referred to as the death penalty, has been used as a method of
crime deterrence since the earliest societies. Historical records show that even the most ancient
primitive tribes utilized methods of punishing wrongdoers, including taking their lives, to pay for
the crimes they committed.

5. Exile and Banishment

Exile and banishment is a punishment by prolonged absence from one's country imposed
by vested authority as a punitive measure. It most likely originated among early civilizations
from the practice of designating an offender an outcast and depriving him of the comfort and
protection of his group."

Philippine Corrections System

It is composed of the institutions in the government, civil society and the business sector
involved in the confinement, correction and restoration of persons charged for and/or convicted
of delinquent acts or crimes. The public sector formulates sound policies and rules on
corrections, penology and jail management, rehabilitation and restoration. All prisons or
penitentiaries, jails and detention centers are under the direct control and supervision of the
government.

Institutional Based Correction

In the Philippines, there is a distinction between a “jail" and "prison". Jail is
defined as a place of confinement for inmates under investigation or undergoing trial, or
serving short-term sentences. This includes provincial, district, city and municipal jails
managed and supervised by the Provincial Government and the Bureau of Jail
Management and Penology (BJMP), respectively, which are both under the Department
of the Interior and Local Government (DILG).
 Prison on the other hand, refers to the national prisons or penitentiaries managed
and supervised by the Bureau of Corrections, an agency under the Department of Justice
(DOJ)

Two Categories of Inmates

a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.

Four Classes of Prisoners

1. Insular or National prisoner - one who is sentenced to a prison term of three years
and one day to death;
2. Provincial Prisoner - one who is sentenced to a prison term of six months and one day
to three years;
3. City Prisoner - one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner - one who is sentenced to a prison term of one day to six months.

Three Types of Detainees

There are three types of prisoner.
1. Those undergoing investigation;
2. those awaiting or undergoing trial; and
3. those awaiting final judgment.

Institutional Framework
The treatment of offenders and individuals who are in conflict with the law is
undertaken by the government through the Department of Justice (DOJ), the Department
of the Interior and Local Government (DILG), and the Department of Social Welfare and
Development (DSWD).

Department of Justice (DOJ)

The DOJ supervises the national penitentiaries through the Bureau of Corrections,
administers the parole and probation system through the Parole and Probation
Administration, and assists the President in the grant of executive clemency through the
Board of Pardons and Parole.

Department of the Interior and Local Government (DILG)

The DILG, through the Bureau of Jail Management and Penology (BJMP),
supervises and controls city, municipal and district jails. The Philippine National Police
(PNP), also under the supervision of the DILG, manages the municipal jails that cannot
yet be supervised by the BJMP, including lock-up jails or precinct jails that are used as
temporary detention centers for arrested individuals under investigation. The Offices of
the Provincial Governor, also under the DILG, manage the provincial jails which, by law,
keep convicted offenders with prison sentences that range from six months and one day
to three years.
Department of Social Welfare and Development (DSWD)
The DSWD operates and monitors rehabilitation centers nationwide for juveniles
in conflict with the law (JICL) whose cases are still pending in court through the Bureau
of Child and Youth Welfare.

Bureau of Corrections (BuCor)

Bucor is an agency under the Department of Justice that is charged with custody
and rehabilitation" of national offenders, that is, those sentenced to serve a term of
imprisonment of more than three (3) years.

Bureau of Jail Management and Penology (BJMP)

The Bureau of Jail Management and Penology was created on January 2, 1991
pursuant to Republic Act 6975, replacing its forerunner, the Jail Management and
Penology Service of the defunct Philippine Constabulary Integrated National Police. The
BJMP exercises administrative and operational jurisdiction over all district, city and
municipal jails. It is a line bureau of the Department of the Interior and Local
Government (DILG).

CHAPTER 2
What is Non Institutional-based Correction?
Corrections refers to the supervision of persons arrested for, convicted of, or
sentenced for criminal offenses.
Correctional populations fall into two general categories: institutional corrections
and non-institutional corrections.
Non-Institutional based correction or Community based correction refers to
correctional activities that may take place within the community or the method of
correcting sentenced offenders without having to go to prison.It is the supervision of
criminal offenders in the resident population, as opposed to confining offenders in secure
correctional facilities.
RATIONALE FOR NON INSTITUTIONAL CORRECTION
1. Humanitarian Aspect
2. Restorative Aspect
3. Managerial Aspect

• Humanitarian Aspect
Imprisonment is not always advisable. Placing a person to custodial coercion is to
place him in physical jeopardy, thus drastically narrowing his access to sources of
personal satisfaction and reducing his self esteem.
• 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 controlling the offender. The failure of the offender to
achieve these can result in recidivism.
- Recidivism refers to a person's relapse into criminal behavior, often after the
person receives sanctions or undergoes intervention for a previous crime.

• Managerial Aspect
Managerial skills are of special importance because of the sharp contrast between the per
capita cost of custody and any kind of community program. It is easier to manage those
undergoing community based treatment programs than that of custodial control. The
burden of maintaining an entire prison bureaucracy is eliminated in community based
treatment.
 Types of Community Based Sanctions
1. Probation - it is considered as a least severe sanction, and may be used in conjunction
with suspended sentence and other options. Offenders meet with their probation officers
periodically, either in person or via call-in supervision.
2. Intensive Supervision - it is an enhanced version of probation, where offenders have
increased contact with their probation officers. Normally, the contacts begin with three to
five times a week with regular drug and alcohol screenings. Contacts are diminished as
offenders demonstrate success on this option.
3. Restitution and Fines - this option typically used in conjunction with probation or
may be used as stand alone sanctions. It is the most commonly used sanction. Restitution
is the repayment of the offender to victims who have suffered financial losses as a result
of the offender's crime."
4. Community Service - this option typically used in conjunction with probation or may
be used as stand alone sanctions. It requires the offenders to voluntarily donate their time
back to serving their community.
5. Substance Abuse Treatment - referrals are often provided when the offense either
includes some substance or there is evidence during the intake process that an offender
needs such referral.
6. Day Reporting Centers - it requires the offenders to report to a centralized location on
a daily basis to receive treatment and/or education.
7. House Confinement - It is a program that requires offenders to remain in their homes
except for approved periods of absence commonly used in combination with electronic
monitoring.
8. Halfway House - it is used in residential settings. Offenders are required to remain in
the house at night but are allowed to obtain employment in their respective communities.
Its goal is to provide offenders with a temporary period of highly structured and
supportive living so that they will be better prepared to function independently in the
community upon discharge.
9. Boot Camp - It incorporates rigorous military style punishments. It is designed as a
short term residential option whereby offenders are given acceptable punishment and
discipline.
10. Diversion - A process whereby an alleged offender (usually a juvenile delinquent) is
"turned away" from further movement into the justice system.
 History of Community Based Correction
The historical development of community based alternatives can be traced back to the
four specific sanctions used in European countries namely: sanctuary, benefit of clergy,
judicial reprieve, and recognizance.
Early Alternative Sanctions
1. Sanctuary
Sanctuary is one of the earliest forms of leniency and came into two forms: secular
and religious. Secular Sanctuary existed through the various cities or regions that were set
aside as a form of neutral ground, safe havens from criminal prosecution. Accused
criminals could escape prosecution by fleeting to these cities and maintaining residence
there.
2. Benefit of Clergy
Benefit of Clergy was initially a form of exemption from criminal punishment that
was provided for clergy in Europe during the 12th century. This alternative to typical
punishment required church representatives to be delivered to church authorities for
punishment, avoiding criminal processing through the secular court system.
p.6). By the 14th century it had been made available to all who were literate. Judges in
secular courts provided this option but required the offenders to demonstrate that they
were indeed literate by reading out loud Psalm 51 (Hanser, 2015, p.7).
3. Judicial Reprieve
During the latter part of 1700's, Judicial Reprieves were used at the full discretion
of judges, in cases where they did not believe that incarceration was proportionate to the
crime or where no productive benefit was expected. It simply suspended sentences of
incarceration as an act of mercy or leniency.
Reprieve means the temporary suspension or delay in the implementation of a
criminal sentence ordered by the court.
4. Recognizance
Recognizance or binding over for good behavior, is a method of assuring good
behavior extended at an early date to a person charged with or convicted of misdemeanor
and was used in addition to or in substitutions for other punishment. It involves the use of
a bond or obligation entered into by a defendant, who is bound to refrain from doing, or
is bound to do, something for a stipulated period, and to appear in court on a specific date
of trial or for final disposition of the case.
 History of Probation
Probation is a correctional method under which the sentences of selected
offenders may be conditionally suspended upon the promise of good behavior and
agreement to accept supervision and abide by specified requirements.30 Probation as it is
known today can be traced to the use of several judicial practices exercised in English
and later, American courts. In English Common Law, the Courts could temporarily
suspend the execution of a sentence to allow the defendant to appeal to the Crown for a
pardon.

• Matthew Davenport Hill

He was a lawyer in England, held the judicial post of recorder in the City of
Birmingham. He was considered as a Father of Probation in England. Hill did not refer to
his work as probation. He did, however, provide services for young offenders, using
many components of today's probation work.

• John Augustus
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

• Killits Decision
In 1916, the U.S. Supreme Court held that a federal judge 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 Killits Decision."

• Probation of Offenders Act 1907

The Probation of Offenders Act 1907 is an act of the United Kingdom Parliament,
commonly referred to as just the Probation Act.34 It established probation officers in the
U.K. This act allows courts to suspend punishment and discharge offenders if they enter
into a recognizance between one and three years, one condition of which was supervision
by a person named in the probation order.
• Probation Act of 1925
The Probation Act of 1925, signed by President Calvin Coolidge, provided for a
probation system in the federal courts in the United States (except in the District of
Columbia). It gave the courts the power to suspend the imposition or execution of
sentence and place defendants on probation for such period and on such terms and
conditions as they deemed best. The Act also authorized courts to appoint one or more
persons to serve as probation officers without compensation and one salaried probation
officer.

HISTORY OF PHILIPPINE PROBATION

Provisions for Juvenile Probation
In the Philippines, provisions for juvenile probation have been embodied in
Article 80 of the Revised Penal Code since its enactment in 1932. It states that sentence
was suspended for offenders under 16 years of age accused of a grave or less grave
felony, who were then placed in the care and custody of public or private entities." This
was later amended on December 10, 1974 by Presidential Decree No. 603, known as the
Child and Youth Welfare Code, and by Presidential Decree No. 117939 which set the
age of minority to below 18 years of age at the time of the commission of the offense.
Moreover, Republic Act No. 6425 or the Dangerous Drugs Act of 1972 provided
for the suspension of sentence and probation of a first- offender under 18 years of age at
the time of the commission of the offense but not more than 21 years at the time when
judgment should have been promulgated (RA 6425, 1972, Section 32).
• Integration of Adult Probation
According to the Parole and Probation Administration (PPA), the move to
integrate adult probation in the Philippine criminal justice system began early in the 20th
century when the Philippine Legislature approved Act No. 4221 on August 7, 1935. This
created a Probation Office under the Department of Justice, and provided probation for
first offenders 18 years of age and above who were convicted of certain crimes.
In 1972, Congressman Teodulo C. Natividad and Cong. Ramon D. Bagatsing
introduced House Bill No. 393 was filed in the Congress with the purpose of establishing
a probation system in the country. Its provisions removed the defects of the previous law
that made it constitutionally and procedurally defective. Despite the Congress passing the
bill, HB No. 393 was halted in the Senate of the Philippines upon declaration of Martial
Law.
• Congressman Teodulo C. Natividad
Cong. Natividad was a former NAPOLCOM commissioner and former Congressman
of Bulacan. He is also known as the Father of Probation in the Philippines. In 1975,
he introduced another proposed probation decree.

Institutionalization of Probation
On July 24, 1976, President Ferdinand E. Marcos signed the proposed decree
known as Presidential Decree No. 968 (PD 968) or the Adult Probation Law of 1976.
With its enactment, it created the Probation Administration. The late Congressman
Teodulo C. Natividad, recognized as the Father of Philippine Probation, was appointed as
its first Administrator.

United Nations Standard Minimum Rules for Non-custodial Measures

The Philippines has been supportive of the goals of community-based treatment
and has continuously adopted measures consistent with the United Nations Standard
Minimum Rules for Non Custodial measures or the Tokyo Rules. It provides a set of
basic principles to promote the use of non-custodial measures and sanctions, as well as
minimum safeguards for persons subject to alternatives to imprisonment.
It has three stages in dealing with offenders, they are.
• Pre trial Stage
Pre-trial Dispositions
- Where appropriate and compatible with the legal system, the police, the
prosecution service or other agencies dealing with criminal cases should be
empowered to discharge the offender if they consider that it is not necessary to
proceed with the case for the protection of society, crime prevention or the
promotion of respect for the law and the rights of victims.
Avoidance of Pre-trial Detention
- Pre-trial detention shall be used as a means of last resort in criminal
proceedings, with due regard for the investigation of the alleged offense and for
the protection of society and the victim.
• Trial and Sentencing Stage
Social inquiry Reports
If the possibility of social inquiry reports exists, the judicial authority may
avail itself of a report prepared by a competent, authorized official or agency.
Sentencing Dispositions
- The judicial authority, having at its disposal a range of non-custodial
measures, should take into consideration in making its decision the rehabilitative
needs of the offender, the protection of society and the interests of the victim, who
should be consulted whenever appropriate.
* Post Sentencing Stage
-The competent authority shall have at its disposal a wide range of post-
sentencing alternatives in order to avoid institutionalization and to assist offenders
in their early reintegration into society.

Non-Institutional Correction in the Philippines

According to the Parole and Probation Administration (PPA), here are the Non
Institutional/ Community based Corrections in the Philippines.
1. Probation
It is a privilege granted by the court to a person convicted of a criminal offense to
remain in the community instead of actually going to prison/jail.
2. Parole
It is the conditional release of a prisoner from a correctional institution after
serving the minimum period of prison sentence.
3. Executive Clemency
Under Section 19, Article VII of the Constitution, the President may grant
reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by
final judgment. Executive clemency rests exclusively within the sound discretion of the
President.
4. Suspended Sentence for First-time Minor Drug Offender (FTMDO)
It is availed only once by an accused drug dependent who is a first-time offender
over fifteen (15) years of age at the time of commission of the violation of Section 15 of
RA 9165 (Comprehensive Dangerous Drugs Act of 2002) but not more than eighteen (18)
years of age at the time when judgment should have been promulgated.
5. Major Rehabilitation Programs
It is the "meat and bone" of community-based correction. PPA employs community-
based intervention through a three- pronged approach: Restorative Justice (RJ),
Therapeutic Community (TC), and Volunteerism through Volunteer Probation Assistant
(VPA).

CHAPTER 3

What is Probation?
According to the Parole and Probations Administration (PPA), probation is a
privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of going to prison/ jail. According to the Presidential Decree 968 also
known as Probation Law of 1976,48 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 (PD 968, 1976, Section 3).

Advantages of Probation
The advantages of a Probation System are as follows (PPA, n.d.):
1. The government spends much less when an offender is released on probation than that
offender is placed behind
bars (jails/prisons).
2. The offender and the offender's family are spared the embarrassment and dishonor of
imprisonment.
3. The offender is able to continue working and can therefore earn income, pay taxes and
pay damages to the victim of the crime.
Parole and Probation Administration
The Probation Administration was created by virtue of Presidential Decree No.
968, also known as The Probation Law of 1976, to administer the probation system.
Then, under Executive Order No. 292, also known as The Administrative Code of
1987" which was promulgated on November 23, 1989, the Probation Administration was
renamed Parole and Probation Administration. of supervising prisoners who, after
serving part of their sentence in jails are released on parole pardon with parole
conditions.

Goals of Philippine Probation System

The Parole and Probation Administration has the following goals:"
1. Promote the correction and rehabilitation of offenders by providing them with
individualized treatment in a community-based setting and reduced the incidence of
recidivism;
2. Provide a cheaper alternative to the institutional confinement of offender who are
likely to respond to individualized community-based treatment; and
3. Prevent further commission of crime by promoting their development utilizing
innovative interventions and techniques with the end goal of transforming them into
productive, law abiding and self respecting individuals.

Functions of PPA
To achieve these goals the PPA has the following functions:5
1. To administer the parole and probation system
2. To exercise supervision over parolees, pardonees and probationers
3. To promote the correction and rehabilitation of criminal offenders
Organizational Structure of Parole and Probation Administration
The following is the organizational structure of Parole and Probation Administration and
their functions in general (Co, 2016)
1. Office of the Administrator - acts as Head of the Agency Executive Officer of the
Administration
2. Office of the Deputy Administrator - assists the Administrator and performs such
duties as may be assigned by the Administrator.
a. Administrative Division - provides general support services namely:
management of disbursement and collection, public information dissemination through
quadric media.
b. Financial Management Division - provides the administration with advice and
assistance in budgeting and sound financial management.
c. Planning Division - develops the Agency s thrusts, strategies, and priority
Programs/ Activities/Projects, and monitors and evaluates performance
d. Regional Parole and Probation Offices - exercises supervision and control
over all Provincial/ City Parole and Probation Offices within their jurisdiction.
- Provincial/City Parole and Probation Offices - undertakes the
investigation of petitioners for probation and applicants for Parole/Executive
Clemency referred by courts/Board of Pardons and Parole, supervises and
rehabilitates probationers/ parolees/ first-time minor drug offenders, and performs
such other duties as may be assigned by the Regional Director
e. Case Management and Records Division - provides assistance to field offices
to improve investigation and supervision procedures.
f. Community Services Division - strengthens community involvement in the
rehabilitation of clients, and generates and mobilizes resources.
g. Legal Division - provides legal opinion/advice/ counsel to the Administration.
h. Technical Service Division - evaluates and manages reports on the application
for Parole/ Executive Clemency, and functions as the service arm of the Agency to the
Board of Pardons and Parole.
LEGAL BASIS OF THE PHILIPPINE PROBATION SYSTEM Presidential Decree
No. 968 of 1976
Presidential Decree No. 968 also known as the Probation Law of 1976, was
signed by President Ferdinand E. Marcos on July 24, 1976. It is a decree that
establishes a probation system in the Philippines. This is to establish a more enlightened
and humane correctional systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism; and to provide a less costly alternative to the
imprisonment of offenders who are likely to respond to individualized, community-based
treatment programs.
Objectives of Probation Law
The objectives of the Probation law are:
1. To promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
Aside from defining probation, it also defined the following terms:
• Probationer - means a person placed on probation.
• Probation Officer - means one who investigates for the court a referral for probation
or supervises a probationer or both.

According to Section 5 of PD 968 (1976), No person shall be placed on probation

except upon prior investigation or a Post-sentence 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.

Criteria for Placing an Offender on Probation

The court needs to consider all information relative to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional
and community resources in determining whether an offender may be placed on
probation. Probation shall be denied if the court finds that (PD 968, 1976, Section 8):
1. The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
2. There is undue risk that during the period of probation the offender will commit
another crime; or
3. Probation will depreciate the seriousness of the offense committed.
Conditions of Probation
According to Section 10 of PD 968 (1976), every probation order issued by the
court shall contain conditions requiring that the probationer shall:
-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; and
-Report to the probation officer at least once a month at such time and place as
specified by said officer.

• Effectivity and Modification of Condition of Probation

A probation order will take effect upon its issuance, the court shall inform the
offender of the consequences and explain that upon his failure to comply with any of the
conditions prescribed in probation order or his commission of another offense, he shall
serve the penalty imposed for the offense under which he was placed on probation.

• Period of Probation
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. In addition, 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 nor 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.

• Arrest and Subsequent Disposition of Probationer

The court may issue a warrant for the arrest of a probationer for violation of any of
the conditions of probation, At any time during probation. The probationer, once arrested
and detained, will be brought immediately before the court for a hearing, which may be
informal and summary, of the violation charged.
• The Probation Administration
The PD 968 of 1976 created the Probation Administration under the Department of
Justice (DOJ), which exercises general supervision over all probationers. It will be
headed by the Probation Administrator, who is appointed by the President of the
Philippines.

The Probation Administrator has the following duties.

1. Act as the executive officer of the Administration;
2. Exercise supervision and control over all probation officers;
3. 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;
4. Promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;
5. Recommend to the Secretary of Justice the appointment of
the subordinate personnel of his Administration and other
offices established in PD 968 of 1976; and
6. Generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of the PD 968 of 1976.
An Assistant Probation Administrator shall assist the Administrator to perform
his/her 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 act as head of the Administration (PD 968,
1976, Section 20).

• Regional Office and Regional Probation Officer

The Probation Administration has Regional Offices organized in accordance with the
field service area patterns established under the Integrated Reorganization Plan. The
Regional Office is headed by a Regional Probation Officer who is appointed by the
President of the Philippines in accordance with the Integrated Reorganization Plan and
upon the recommendation of the Secretary of Justice.
The Regional Probation Officer exercises supervision and control over all probation
officers within his jurisdiction and such duties as may be assigned to him by the
Administrator. He/She may be assisted by an Assistant Regional Probation Officer who
shall also be appointed by the President of the Philippines, upon recommendation of the
Secretary of Justice; whenever necessary.
• Provincial and City Probation Officers
The Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules appoints at least one probation officer in each
province and city.

• Republic Act No. 10707 of 2015

The Republic Act No. 10707 was signed on November 26, 2015, by President Benigno
S. Aquino III. It was an Act amending Presidential Decree No. 968, otherwise known as
the Probation Law of 1976.

• Grant of Probation
The court may suspend the execution of said sentence and place the defendant on
probation for such period, only after it convicted and sentenced a defendant for a
probationable penalty and upon application by said defendant within the period for
perfecting an appeal.
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.
The application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been re-raffled.

• 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,
hence the case is deemed terminated.
• Volunteer Probation Assistants (VPAS)
The Probation Administrator may appoint citizens of good repute and probity, who have
the willingness, aptitude, and capability to act as Volunteer Probation Assistants (VPAS);
to assist the Chief Probation and Parole Officers in the supervised treatment program of
the probationers.
• Executive Order No. 292 of 1987
Executive Order No. 292 of 1987 or the Administrative Code of 1987 was signed
July 25, 1987, by President Corazon C. Aquino. It is an Executive order instituting the
Administrative code of 1987.
It renamed Probation Administration to Parole and Probation Administration
and as a consequence it was given an added mandate of administering the parole system
and assists the Board of Pardons and Parole in the performance of its functions and
responsibilities.

• Republic Act No. 10389 of 2013

Republic Act No. 10389 also known as the Recognizance Act of 2012, was signed
on March 14, 2013, by President Benigno S. Aquino III. It is an Act institutionalizing
recognizance as a mode of granting the release of an Indigent Person in Custody as an
accused in a criminal case.5%
Recognizance is a mode of securing the release of any person in custody or detention
for the commission of an offense who is unable to post bail due to abject poverty.

Requirements for Release on Recognizance

The release on recognizance of any person in custody or detention for the
commission of an offense is a matter of right when the offense is not punishable by death,
reclusion Perpetua, or life imprisonment.