GROUP # 4- NON-INSTITUTIONAL CORRECTION

HISTORY OF PROBATION IN THE PHILIPPINES

Presidential Decree No. 968, which established a probation system less costly alternative to the
imprisonment of the offender who are likely to respond to individualized, community-based treatment
program is the second legislation that enforces a probation system in the country.

 August 7, 1935
 First adult probation Act Known as Commonwealth Act No. 4221 was enacted the
Philippine legislature. It created the probation office under the Development of Justice
led by the Chief Probation Officer appointed by the American Governor-General. The
Philippines then was a territory of the United States of America. This law provided
probation for the first-time offenders, eighteen years of age and over, convicted of a
certain crime.

However, in People vs. Vera 37 O.G 164, the constitutionality of probation la (Act 4221), was
challenged on three principal grounds:
(a) Said act encroaches upon the pardoning power of executive
(b) That is constitute on undue delegation of legislative power and
(c) It denies the equal protection of the law. The Supreme Court, declared Act No. 4221
unconstitutional on November 16, 1937.
 Cong. Teodulo C. Natividad and Cong.Ramon D. Bagatsing
 Introduced for the second time Adult Probation in the country in House Bill No.
393. The measure was passed in the lower house and was pending in the senate when
the martial law was proclaimed on September 21, 1972 by the late President Ferdinand
E. Marcos. The bill eliminated the undesirable features of the 1935 Probation Act.
 April 24, 1976 the draft of the proposed adult probation law was presented in a seminar on
the probation system sponsored by the NAPOLCOM and the Up-law center attended by 369
participants. Two foreign experts participated in the seminar and served as consultants, namely;
1. Dr. Torsten Erikson
 Former United Nation Inter-Regional Adviser on Crime Prevention and Criminal Justice.
2. Dr. A. Lamonth Smith
 Director for Research Program, Planning and evaluation, Department of Corrections of
Arizona.
 July 22-24 1976
 The first National Conference on Crime Control was held at Camp Aguinaldo for the
final forum on the proposed institutionalization of Adult Probation in the country.
 July 24 1976
 President Ferdinand E. Marcos signed PD 968 otherwise known as the Probation
Law of 1976 (Adult Probation Law). Thus, the Philippines joined the rank of
 countries in which probation has become a part of corrections and thereby transported
the criminal justice of the country to the twentieth century.
 Teodulo C. Natividad was appointed as the first Probation Administrator and at the same
time the chairman of the NAPOLCOM. He is now known as the Father of Probation in
the Philippines.
 Presidential Decree 1257
 Promulgated on December 1, 1977 amended section 4,7,15 of PD 968 in addition to its
amendment to section 33 of the same decree providing for effectivity of the salient
provisions of the said decree on January 3, 1978.
 Batas Pambansa Bilang 76
 Passed by the Batasang Pambansa on June 9,1980 and approved by Pres. Marcos on June
13,1980 amended further PD 968 particular section 9. It provides for a maximum
probationable period of 6 years and 1 day
 PD 1990
 Promulgated on October 5, 1985 by Pres. Marcos, further amend PD 968 specially
section 4 and original maximum probationable period to only 6 years.
 Executive Order No. 292
 Instituting the Administrative Code of 1987 signed by the Pres. Cory C. Aquino on
September 21, 1987, introduced new features of the probation law of 1967, to wit:
1. Changed the name of the agency, probation administration as provided for by 968, to
PAROLE AND PARDON ADMINISTRATION (PPA).
2. Transferred the supervision of parolees and pardonees from the Municipal Courts to
the Parole and Probation Administration.
3. Created the technical services under the Office of the Administrator which shall
serve as the service arm of the Board of Pardon and Parole in the supervision of the
parolees and pardonees.
4. Executive Order No. 292 also mandated the parole and probation administration to
perform the following function:
a) Administer the parole and probation system
b) Exercise general supervision over all parolees and pardonees.
c) Promote the correction and rehabilitation of offenders, and
d) Such other functions as may be hereafter be provided by law
 Former President Fidel V. Ramos meanwhile declared July 18-24 every year as Parole
and Probation week No. 405 issued on July 13, 1994.
 RA 9344 known as Juvenile Justice and Welfare Act of 2006, under section 42
allows convicted Child in Conflict with the Law (CICL) with ages more than 15 but below 18 to
apply probation. Thus, amending sec. 4 of PD 968 as amended known as Probation Law of 1976.

RA 10707 amending some sections of PD 968

 The Probation Administration was created by virtue of Presidential Decree No. 968, “The
Probation Law of 1976”, signed by the President Ferdinand E. Marcos to administer the probation
system.
 Under Executive Order No. 292, “The Administrative Code of 1987” which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole and Probation
 Administration” and given the added function of supervising prisoners who, after serving part of
their sentence in jails are released on parole pardon with parole conditions.
 Effective August 17, 2005, by virtue of a Memorandum of Agreement with the Dangerous Drugs
Board, the Administration performs another additional function of investigating and supervising
first-time minor drug offenders who are placed on suspended pursuant to Republic Act No. 9165.

DEFINITION OF TERMS:

Petition – application for probation

Petitioner- refers to the convicted offender applying for Probation.

Probationer- the convicted person whose application for probation was approved and was placed on
probation.

Probation Officer- in charge in the supervision of probationers.

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 be located within a reasonable
period of time.

Absconding Probationer- an accused whose probation was granted but failed to report for supervision
within the period ordered by the court or a probationer who fails to continue reporting for supervision
and/ or whose whereabouts are unknown for a reasonable period of time.

Probation Investigation- the process of selection, diagnoses and planning with the client.

Post-Sentenced Investigation (PSIR) -the investigation conducted on whereabouts of the petitioner as a

basis by the court whether to grant the probation or decline the application for probation.

Probation Supervision- The continuous process of helping the client to follow through with the plans,
re-evaluation and working with the client in the process of planning his life to meet dynamic situation.

Volunteer Probation Aide (VPA) – A person with good repute in the community that helps the
Probation Officer in the supervision of a Probationer.

Defense Counsel/Counsel- lawyer of the probationer.

Prosecutor- lawyer of the victim.

Parole and Probation Administration (PPA)- It is under the Department of Justice and the
government agency that supervises the activities of the probationer, parolee and pardonee and monitors
his compliance with conditions imposed.

BENEFITS OF PROBATION:
 1. Probation protects society
-from the excessive cost of detention
-from the high rate of recidivism of detained offender
2. Probation protects the victim
-it provides restitution
-it preserves justice

3. Probation protects the family

-it does not deprive the wife and children of husband and father
-it maintains the unity of a home
4. The probation assists the government
- it reduces the population of prisons and jail
- it lessens the clogging of courts
- it lightens the load of prosecutors
5. Probation helps the offender
-it maintains his earning power
-it provides rehabilitation in the community
-it restores his dignity
6. Probation justifies the philosophy of men
-that life is sacred
-that all men deserve a second chance
-that and individual can change
-that society has the moral obligation to lift the fallen
ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom and aid inly to those who are not likely to assault
society again.
2. It protects the society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
3. It conforms the modern humanistic trends in Penology.