NON-INSTITUTIONAL CORRECTION

Prepared by:
MS LOURDELYN S OLIVAR, RCRIM, LPT, MSCJ (i)

Community- Based Correction and Its Background

INTRODUCTION IN COMMUNITY BASED- CORRECTION

At present, correction as a pillar of our justice system in front of so many problems and
controversies which include the following:
• Overcrowded jails and prison facility
• The government cannot afford to lock-up all convicted individuals
• Persons who have been incarcerated in jails or prisons, when they turn to the community
tend to re- engage to the same illegal activities.
• Limited Government funds
These are the common reasons for the promotion of community- based correction approach in
lieu of institutional correction
COMMUNITY BASED CORRECTIONS
• Non- Institutional based corrections which are being considered as the best alternative for
imprisonment.
• It is a non-incarcerate system of correction
• It is described as a method of rehabilitating convicted felons without need of placing them into
jail
• It refers to any sanctions in which convicts serve all or a portion on their entire sentence in the
community
• Deal with supervised rehabilitation of convicts within the community.
“The idea behind non-institutional correction programs is that, most convicts can be effectively held
accountable for their crimes at the same time that they can fulfill legitimate living standards in the
community”.
Rehabilitating convicts within the community confers several benefits such as:
1. The convict will remain in the community in which he or she has responsibilities. He can continuously
engage to his legitimate sources of livelihood to support himself and his family
2. Convicts under community-based correction are more capable to compensate their victims through
restitution
3. Do not expose convicts to the subculture of violence existing in jails and prisons

Restorative Justice
• reintegration of convicted individuals to the society
• advocating is the alteration of the behavior of convicts through the use of holistic but non-
incarcerate methods of rehabilitation
• it helps the society understand and accept the facts that convicts are also part of the society
COMMUNITY BASED PROGRAMS
1. PROBATION
-is a disposition, under which a defendant after conviction and sentence is released subject to the
conditions imposed by the court and to the supervision of a probation officer.
2. PAROLE
-a conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty
3. PARDON
-a form of executive clemency which is exercised exclusively by the Chief Executive. Pardon may
be given conditionally (conditional pardon) or unconditionally (absolute pardon)
NOTES:
For the purpose of Non- Institutional Corrections, it is the conditional pardon with parole conditions in
under consideration
For simple infraction of laws or ordinances, Community Service may likewise be considered as community-
based correction

OTHER COMMUNITY BASED CORRECTION

-Work releases -Half-way Houses
-Day fine programs -Boot Camp Prison
-Electronic monitoring -Restitution
-Home confinement -Check-in programs
-Community Service -Mediation
-Curfews -Drug/Alcohol checks
-Restorative Justice Centers

ENTITIES OF THE GOV’T FOR PROVIDING COMMUNITY- BASED CORRECTION

1. Parole and Probation Administration (PPA)
• conduct investigation of all cases in relation to parole, probation, and pardon
• responsible for the supervision of all parolees, probationers, and conditional pardon grantees

2. BOARD OF PARDON AND PAROLE

• Authority in granting parole
• Responsible for recommending the grant of pardon and executive clemency to the
president
3. DSWD
• Handling cases of child in conflict with the law (CICL)
BENEFITS COMMUNITY BASED CORRECTION
• Strengthening family ties through avoidance of broken family relationships
• Prevention of Influence contamination
• Engagement of Community Involvement
• Assurance of Individualized Treatment approach
• It is more economical than institution-based correction on the part of the government
PURPOSES COMMUNITY BASED CORRECTION
• Facilitating Convicts Reintegration
 • Fostering convicts Rehabilitation
• Providing an alternative range of convict’s punishments
• Heightening convicts Accountability
FUNCTIONS
• Client monitoring and supervision to ensure programs compliance
• Ensuring public safety
• Employment Assistance
• Individual and Group Counseling
• Educational Training and Literacy Services
• Networking with other community agencies and business
• Reducing jail and prison crowding

Current Issues and Concerns

• Public resistance against non-institutional correction
• Punishment against rehabilitation and reintegration
• Convicted individual needs safety as well as the public
• Availability of Rehabilitation service providers
• Coping with special needs of the convicts

Evaluating the Effectiveness of Community Based Correctional Programs

Community-based corrections as alternatives to prison claim to be more effective in reducing
recidivism than traditional prisons, to be cheaper than prisons and to reduce overcrowding in prisons and
jails.
A case study conducted by NANCY MARLON which aimed to determine if those community
corrections alternatives achieve desired results. This shows that the recidivism rates of community
corrections are lower than of the prison inmates only in some cases and that the costs are cheaper only in
some instances but more often only widens the net and increases the state’s control over criminal
offenders.

HISTORY OF PROBATION

– Derived from the Latin verb “probare” means to prove or to test.

Probation is a disposition under which a defendant, after conviction and sentence, is released subject to
the conditions imposed by the court and to the supervision of a probation officer.

BASIC PRECEPTS AND CONCEPTS ON PROBATION

– 1. As a system of Instruction
– 2. Suspended Imposition of Sentence
– 3.Provision for individualize Treatment Program
PREDECESSORS OF PROBATION

– 1. Money Compensation – Precursor off the use of fines and restitution ( introduced by Laws of
Babylon, Greece and Rome for the crimes that does not affect the safety of the states)
– 2. Cities of Refuge- accused was safe pending an investigation of his criminal responsibility (
Introduced by Jewish Law for those who killed without Premeditation)
– 3. Benefit of the Clergy – seems to be the earliest device for softening brutal severity of
punishment ( Henry II in the 13th century)
– 4. Judicial Reprieve – temporary delay the withholding of sentence, practiced by the English Court
in the early 17th Century.
– 5. Banishment – any description of the treatment of crime in England must include the system of
transportation to her colonies
– 6. Recognizance – the direct ancestor of Probation , means binding over good behavior. (practice
developed in England during the 14th century).

EVOLUTION OF PROBATION
– Harsh punishments were imposed on adults and children alike for offenses that were not always
of a serious nature during the Middle ages.
– This harshness eventually led to discontent in certain progressive segments of English society that
were concerned with the evolution of Justice System
– Controversially , certain courts began suspending sentences
– United States , particularly in Massachusetts, different practices were being developed. Security
for good behavior also known as good aberrance was much like modern bail.

PIONEERS IN THE FIELD OF PROBATION

1. Matthew Davenport Hill (1792-1872)

– Known as the Father of Probation in England

– English lawyer and penologist
– He witnessed the sentencing of youthful offenders to one day terms, on the condition that they
will be returned to a parent or guardian who would closely supervise them.
– If offenders demonstrated a promise for rehabilitation , they were placed in the hands of generous
guardians who willingly took charge of them.

2. John Augustus (1785-1859)

– known as the Father of Probation

– Augustus, 18 year career as a volunteer probation officer.
– He is credited with founding the investigations process, one of the three main concepts of modern
probation.
– He is also known as the first person to apply the term “probation”
– first probation statute, enacted in Massachusetts after his death in 1859.And was recognized and
influenced the establishment of the first Juvenile court in Chicago in 1899.
OTHER IMPORTANT PERSONS AND EVENTS IN THE HISTORY OF PROBATION

– Governor Alexander H. Rice ( 1818-1895)

– He signed the first probation law that was passed by the legislature of Massachusetts on
April 26,1878.
– During his term the first practical demonstration of probation was used as court term
service and enacted as the first probation law occurred in the Massachusetts

– Edward H. Savage
– An ex-chief of Police Boston named as the first probation officer.
– The first probation officer employed by the government of the United States was Edward
N. Gavage based on the passage of law in 1887 providing for the appointment of a
Probation Officer for the City of Boston.

– Gardner Tufts (1880)

– Director of Massachusetts Board of State Charities and Corrections
– Probation became firmly established during the second half of the 19th century
when Gardner Tuffs, the director of the State of Massachusetts Charities reported that
“the result of the probation in cases of juvenile offenders proved so decisively good that
the legislature authorized the City of Boston to appoint a probation officer for adult
offenders in every city and towns in the state.”

– Vermont Act of 1898

– Second law on Probation in the history.
– County court was required to appoint a probation officers whose duty was to make investigation
of accused persons at the request of any court.
– Vermont unlike Massachusetts provided probation only after suspension of sentence.
– an important provision was added that the compensation of each probation officer shall be
determined by the court that appointed him.

– Rhode Island
– the third state that passed probation law.
– Appoint a state probation officer and additional probation officers ( at least one of whom
be a woman) to serve all the courts in the state.
– Juvenile or adult can be lawfully admitted to bail, except persons charged with Treason,
murder, robbery, rape, arson or burglary, under the control and supervision of a probation
officer.

– New Jersey and New York

– New Jersey- the fourth state to pass a general probation law
– New York - The fifth to provide for adult probation
 – Sammuel June Barrows
– Began to campaign for a probation.
– Secretary of the Prison Association of New York
– British Probation of First Offender Act of 1887 and Missouri Parole/probation law of 1897
are not considered probation laws.

- Calvin Coolidge
– 30th U.S President
– Signed the Federal Probation Act , effective on March 4,1925

- John Marshall
– U. S Chief Justice
– used his discretion in modifying the prescribed penalties and gradually developed more humane
methods of dealings with violators

HISTORY OF PROBATION IN THE PHILIPPINES

In the Philippines, Probation was first introduced during the American colonial period with the
enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a Probation
Office under the Department of Justice. On November 16, 1937, after barely two years of existence,
the Supreme Court of the Philippines declared the Probation Law unconstitutional because of some
defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in
the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but was pending in the
Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected group of 369
jurists, penologists, civic leaders, social and behavioral scientists and practitioners. The group
overwhelmingly endorsed the establishment of an Adult Probation System in the country.

On July 24, 1976, a "National Strategy to Reduce Crimes“ was finalized and presented to the
President of the Philippines. The Strategy proposed a two-pronged attack to reduce crime in the
country, namely:
(1) to give emphasis on the prevention and control of high-fear and economic crimes by
implementing a number of priorities of actions; and
(2) to improve the quality of the criminal justice system by facilitating teamwork among its
interdependent components.

In view of these considerations, an alternative to institutionalization for certain types of

offenders was proposed. Such proposal was subsequently translated into a law on July 24, 1976,
which is now known as the "PROBATION LAW OF 1976" or Presidential Decree No. 968.
 The probation system started to operate on January 3, 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices spread all over
the country, supervised by 15 regional offices.

On 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.

Essential Elements of the Probation System under Presidential Decree No. 968

– It is a "single or one-time" affair.

– Our probation system is highly selective.
– Persons under probation retain their civil rights.

FATHER OF PROBATION IN THE PHILIPPINES

– TEODULO C. NATIVIDAD

HISTORY OF PROBATION IN U.S.

– Probation is the suspension of a convicted person’s jail or prison sentence, allowing the offender
to live in the community under conditions set by the Court and monitored by a probation officer.
The Cochise County Adult Probation Department was established in 1965. On June 5, 1970, the
Cochise County Juvenile Court Center, a combined court and detention facility was dedicated. It is
believed one probation officer provided supervision of both juveniles and adults for many years.
In the years that followed, additional officers joined the department to supervise expanding
caseloads. Ultimately, juvenile and adult probation became independent departments.

– In January 2015, Chief Adult Probation Officer Edward Gilligan was appointed Juvenile Court
Services Director, and the departments merged once again. In the United States, probation began
in 1841 when John Augustus, a Boston boot maker, persuaded a judge to release a “drunkard”
from jail into his custody. Augustus helped the man sober up and make other dramatic changes
before returning to court for sentencing.

– Impressed with this transformation, the Court allowed Augustus to take more and more offenders
into his custody. Augustus, however, didn't take every convicted person. Instead, he selected
prospective probationers based on age, character, and the people places and things apt to
influence them to make positive changes. This selection process became the foundation for
modern assessment and presentence investigations, a key component of the work probation
officers do. Augustus’ work was based on the belief that most offenders are not dangerous and
will respond well to treatment.
 – . In 1843 he turned his attention toward helping children. He took three children into his care, all
accused of stealing. The children included two girls ages 8 and 10, and an 11-year-old boy. Three
years later this number had grown to 30 children ranging in age from 9 to 16 years old. The process
was such that the children's cases were continued for several months as a term of probation. At
the calling of the docket each month, Augustus would appear to make his report and the cases
would pass on for five to six months. Then, at the end of the term, he would appear with some of
the children, and as with his first success, their appearance had drastically improved from the time
of their arraignment.

– With this and the paying of a 10 cent fine per person, the judge would declare the object of the
law was accomplished, thanks to Augustus' plan to save and reform. Probation developed from
the efforts of philanthropist Augustus, who looked for ways to rehabilitate the behavior of
criminals. Augustus is called the "Father of Probation" in the United States because of his
pioneering efforts to campaign for more lenient sentences for convicted criminals based on their
backgrounds. His reported rate of success—just 10 failures in 1,946 cases—is a remarkable
testament to his work and the possibility of effective supervision.

Engaging Activity

A. Documentary Film Analysis. The students shall watch the documentary film about the life of John
Augustus and analyze/ state the impact of his actions and contributions to the modern community
based corrections.

TITLE OF FILM:
I. Concept of Film: Based on the title of the film, List down Three (3) concepts/ ideas of the film.
II. Summary of the Documentary. This is a short exposition of Documentary.
III. Analysis of the documentary that includes how John Augutus’ actions/ contributions to the
modern based corrections
IV. Conclusion. Explain how the documentary film was helpful in providing deeper understanding
of the course topic.

Documentary Film to watch:

https://www.youtube.com/watch?v=vQRy3aSAGec&t=1304s

HISTORY OF PROBATION IN THE PHILIPPINES

In the Philippines, Probation was first introduced during the American colonial period with the
enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a Probation
Office under the Department of Justice. On November 16, 1937, after barely two years of existence,
the Supreme Court of the Philippines declared the Probation Law unconstitutional because of some
defects in the law's procedural framework.
 In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in
the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but was pending in the
Senate when Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected group of 369
jurists, penologists, civic leaders, social and behavioral scientists, and practitioners. The group
overwhelmingly endorsed the establishment of an Adult Probation System in the country.

On July 24, 1976, a "National Strategy to Reduce Crimes“ was finalized and presented to the
President of the Philippines. The Strategy proposed a two-pronged attack to reduce crime in the country,
namely:
(1) to give emphasis on the prevention and control of high-fear and economic crimes by
implementing a number of priorities of actions; and
(2) to improve the quality of the criminal justice system by facilitating teamwork among its
interdependent components.

In view of these considerations, an alternative to institutionalization for certain types of

offenders was proposed. Such proposal was subsequently translated into a law on July 24, 1976,
which is now known as the "PROBATION LAW OF 1976" or Presidential Decree No. 968.

The probation system started to operate on January 3, 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices spread all over
the country, supervised by 15 regional offices.

On 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.

Essential Elements of the Probation System under Presidential Decree No. 968

– It is a "single or one-time" affair.

– Our probation system is highly selective.
– Persons under probation retain their civil rights.

FATHER OF PROBATION IN THE PHILIPPINES

– TEODULO C. NATIVIDAD

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence of
recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation programs
constitutes an onerous drain on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who are
likely to respond to individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall
apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree
numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
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.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:
(a) "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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises a
probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms
and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the application shall be deemed a waver of
the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
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.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. 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.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his failure to
comply with any of the conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in the period or
conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall be
under the control of the court who placed him on probation subject to actual supervision and visitation
by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control
over him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such
a case, a copy of the probation order, the investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer
is transferred shall have the power with respect to him that was previously possessed by the court which
granted the probation.
Section 14. Period of Probation.
(a) 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.
(b) 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.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court may
issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing,
which may be informal and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall
order the probationer to serve the sentence originally imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall not be appealable.
Section 16. 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 and thereupon the case is
deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a
result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly
to anyone other than the Probation Administration or the court concerned, except that the court, in its
discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts
thereof whenever the best interest of the probationer make such disclosure desirable or helpful: Provided,
Further, That, any government office or agency engaged in the correction or rehabilitation of offenders
may, if necessary, obtain copies of said documents for its official use from the proper court or the
Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice an
agency to be known as the Probation Administration herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be necessary for the proper
execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator, who shall be appointed by the President of the Philippines.
He shall hold office during good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and duties
shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) 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;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental to achieve
the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator who
shall assist the Administrator perform such 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.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible for
Appointment as Administrator or Assistant Probation Administrator, a person must be at least thirty-five
years of age, holder of a master's degree or its equivalent in either criminology, social work, corrections,
penology, psychology, sociology, public administration, law, police science, police administration, or
related fields, and should have at least five years of supervisory experience, or be a member of the
Philippine Bar with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional offices
organized in accordance with the field service area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by President
of the Philippines in accordance with the Integrated Reorganization Plan and upon the recommendation
of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual salary
of at least twenty-four thousand pesos.
He shall, whenever necessary, 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, with an
annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in each
province and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on the terms and conditions
of their probations;
(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to act
as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of probationers;
(g) exercise supervision and control over all field assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City Probation
Officers shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this Decree.
They shall also have, with respect to probationers under their care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No
person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer unless he
possesses at least a bachelor's degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, administration, or related fields and has at least three years of
experience in work requiring any of the abovementioned disciplines, or is a member of the Philippine Bar
with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of Justice
shall organize the administrative structure of the Administration and the other agencies created herein.
During said period, he shall also determine the staffing patterns of the regional, provincial and city
probation offices with the end in view of achieving maximum efficiency and economy in the operations of
the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be assisted
by such field assistants and subordinate personnel as may be necessary to enable them to carry out their
duties effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as
probation aides.
Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation Administrator.
Their qualifications and maximum case loads shall be provided in the rules promulgated pursuant to this
Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment ranging
from six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be
imposed upon any person who violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million Five
Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so much as may be necessary shall be included in the annual
appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to or
inconsistent with this Decree are hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held invalid
or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That, the
application of its substantive provisions concerning the grant of probation shall only take effect twelve
months after the certification by the Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies has been organized.

Republic Act No. 10707 AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS
THE “PROBATION LAW OF 1976” AS AMENDED
Be it enacted by the Senate and House of Representative of the Philippines in Congress as assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to read as
follows:
“SEC. 4. Grant of Probation. - Subject to the provisions of this Decree, 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 the 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. “This notwithstanding, the accused shall lose the benefit of probation should
he seek a review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.”
SEC. 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. - The benefits of this Decree shall not be extended to those:
“(a) sentenced to serve a maximum term of imprisonment of more than six (6) years;
“(b) convicted of any crime against the national security;
“(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (Php 1,000.00);
“(d) who have been once on probation under the provisions of this Decree; and
“(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”

SEC. 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:
“SEC. 16. 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 and thereupon
the case is deemed terminated. “The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to
the offense for which probation was granted. “The probationer and the probation officer shall each be
furnished with a copy of such order.
” SEC. 4. Section 24 of the same Decree is hereby amended to read as follows:
“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. - Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of a police officer. They shall be considered as persons in authority.

” SEC. 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. - Regional, Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them to carry
out their duties effectively.” SEC. 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). - To assist the Chief Probation and Parole Officers in the
supervised treatment program of the probationers, the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness, aptitude, and capability to act as VPAs. “VPAs shall not
receive any regular compensation except for reasonable transportation and meal allowances, as may be
determined by the Probation Administrator, for services rendered as VPAs. “They shall hold office for a
two (2)-year term which may be renewed or recalled anytime for a just cause. Their functions,
qualifications, continuance in office and maximum case loads shall be further prescribed under the
implementing rules and regulations of this Act. “There shall be a reasonable number of VPAs in every
regional, provincial, and city probation office. In order to strengthen the functional relationship of VPAs
and the Probation Administrator, the latter shall encourage and support the former to organize themselves
in the national, regional, provincial, and city levels for effective utilization, coordination, and sustainability
of the volunteer program.
” SEC. 7. Separability Clause. - If any provision of this Act is declared invalid, the provisions hereof not
affected by such declaration shall remain in full force or effect.
SEC. 8. Repealing Clause. - All laws, executive orders, or administrative orders, rules and regulations or
parts thereof which are inconsistent with this Act, are hereby amended, repealed or modified accordingly.
SEC. 9. Appropriations Clause.- The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law.
SEC. 10. Implementing Rules and Regulations. - Within sixty (60) days from the approval of this Act, the
Department of Justice shall promulgate such rules and regulations as may be necessary to carry out the
provisions of this Act.
SEC. 11. Effectivity. - This Act shall take effect immediately after its publication in the Official Gazette or in
two (2) newspapers of general circulation

Parole and Probation Administration Concept and Definition

Created by virtue of Presidential Decree No. 968, "The Probation Law of 1976", 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
Vision
A model component of the Philippine Correctional System that shall enhance the quality of life of its clients
through multi-disciplinary programs and resources, an efficient organization, and a highly professional and
committed workforce in order to promote social justice and development.
Mission
To rehabilitate probationers, parolees and pardonees and promote their development as integral persons
by utilizing innovative interventions and techniques which respect the dignity of man and recognize his
divine destiny.
Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted offenders and
prisoners who are under the probation or parole system.
Goals
The Administration's programs sets to achieve the following goals:
-Promote the reformation of criminal offenders and reduce the incidence of recidivism.
-Provide a cheaper alternative to the institutional confinement of first-time offenders who are likely to
respond to individualized, community-based treatment programs.

Functions
To carry out these goals, the Agency through its network of regional and field parole and probation offices
performs the following functions:
● to administer the parole and probation system
● to exercise supervision over parolees, pardonees and probationers
● to promote the correction and rehabilitation of criminal offenders

CORE VALUES
A. Performance
Efficient and effective accomplishment of tasks and targets, beginning with individual officials and
employees and throughout all units in the organizational hierarchy, linked coherently and progressively
toward the Agency Mission, Vision and strategic goals.
Teamwork - Working together to achieve shared goals.
Resourcefulness and Innovativeness- Exploring resources with ingenuity, optimizing opportunities with
creativity.
B. Professionalism
High level of proficiency on the job resulting from mastery and conscientious application of appropriate
knowledge and skills, honed by sound judgment, self- discipline and unceasing striving for excellence,
Role Modeling
Serving and inspiring by example.
Professional Excellence
Achieving high standards for ethical and quality service.
C. Accountability
Inherent obligation of every official and employee to answer for decisions, actions and results within
his/her authority, including proper and effective utilization of resources in support of Agency policies
Responsibility
Achieving expectations, answering for results.
Honesty and Integrity
Being upright and transparent in transactions and relations.

SERVICE OBJECTIVES
1. To provide the courts with relevant information and judicious recommendation for the selection of
offenders to be placed on probation.
2. To provide the Board of Pardons and Parole with necessary and relevant information which can be used
in determining a prisoner's fitness for parole or any form of executive clemency.
3. To provide the Dangerous Drugs Board with pertinent information and prudent recommendations for
the determination of first-time minor drug offenders to be placed on suspended sentence.
4. To effect the rehabilitation and integration of the probationers, parolees, pardonees and first-time minor
drug offenders as productive, law-abiding and socially responsible members of the community.
5. To prevent recidivism and protect the community through a well-planned supervision of probationers,
parolees, pardonees, and first-time minor drug offenders.
6. To make use of innovative, and financially and technically feasible projects to uplift the moral, spiritual,
and economic condition of probationers, parolees, pardonees, and first-time minor drug offenders by
utilizing available community resources as much as possible.
7. To continuously assess and improve professional performance in post-sentence, pre-parole/executive
clemency, and suspended-sentence investigation, case management, and other related work.
8. To periodically review the Probation Law and its implementing rules so as to reconcile the same with
the evolving realities in the field.
9. To assiduously observe and uphold the professional ethics in the delivery of services.

ADMINISTRATIVE OBJECTIVES
1. To optimize operations through
a. maximum functioning of existing units according to their respective duties.
b. systematic expansion of services, according to the demands of probation work and available
resources
c. judicious utilization of limited Agency resources so as to obtain desired results in the best
manner possible with the least expenditures of time, efforts and money.
1. To achieve a united approach to Agency goals through integrated planning and constant
coordination among all units.
2. To develop a more efficient and up-to-date system for the collection, collation and analysis of data
relative to probation, parole and suspended sentence caseloads, and their management.
3. To recruit qualified employees and volunteer aides, and to promote their continuing professional
development.
4. To continuously improve staff and line service through adequate personnel supervision, relevant
research, and periodic evaluation.
5. To generate greater public and inter-agency support for probation through an integrated and
systematic public information program.
6. To actively participate in the government's jail decongestion program, and in this connection, to
give priority to detention prisoners in our public information drives
8. To cooperate and coordinate with other agencies of the government in the accomplishment of national
program thrusts.
Additional Function under RA 9165
By virtue of a Memorandum of Agreement with the Dangerous Drugs Board Effective August 17, 2005, the
PPA performs another additional function of investigation and supervising first-time minor drug offenders
who are placed on suspended pursuant to Republic Act No. 9165.
The PPA Administrator
The head of Parole and Probation Administration is known as the PPA administrator who shall be
appointed by the President. He shall hold office during good behavior and shall not be removed except for
cause. His/her powers and duties are as follows:
1. Act as the executive officer of the PPA;
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 subordinate personnel of his Administration
and other offices established under the Probation Law; and
6. Generally perform such duties and exercise such powers as may be necessary or incidental to achieve
the objective of the Probation Law.

Assistant PPA Administrator

 There shall be an Assistant Probation Administrator who shall be appointed by the President and
shall assist the Administrator and perform such duties as may be assigned to him by the PPA Administrator
and as may be provided by law. In the absence of the Administrator, he shall act as head of the PPA.
Qualifications of the PPA Administrator and Assistant Administrator
1. At least 35 years of age
2. Holder of Master's Degree or its equivalent in:
a. Criminology
b. Social Work
c. Correction
d. Penology
e. Psychology
f. Sociology
g. Public Administration
h. Law
i. Police Science
j. Police Administration
k. Other related fields
3. At least 5 years of supervisory experience, or a member of Philippine Bar with at least 7 years of
supervisory experience.
Regional Parole and Probation Offices (RPPO)
The RPPO shall be headed by Regional Probation Officer who shall be appointed by the President upon
the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officers within his
jurisdiction and such duties as may be assigned to him by the Administrator.
Whenever necessary, he shall be assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President, upon recommendation of the Secretary of Justice.
Provincial and City Probation Officers
There must be at least one probation officer in each province and city who shall be appointed by
the Secretary of Justice upon recommendation of the Administrator and in accordance with the civil
service law and rules. The Provincial and City Probation Officers shall exercise the following duties:
1. Investigate all persons referred to him for investigation by the proper court or the Administrator;
2. Instruct all probationers under his supervision or that of the probation aide on the terms and conditions
of their probation;
3. Keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
4. Maintain a detailed record of his work and submit such written reports may be required by the
Administration or court having jurisdiction probationer under his supervision;
probationer under his supervision;
5. Prepare a list of qualified residents of the province or city where he is assigned who are willing to act as
probation aides;
6. Supervise the training of probation aides and oversee the latter's supervision of probationers; over the
7. Exercise supervision and control over all field assistants, probation aides and other personnel; and
8. Perform such duties as may be assigned by the court or the Administration.
Field Assistants, Subordinate Personnel
 Regional, Provincial, or City Probation Officers shall be assisted by such field assistants and
subordinate personnel as ma be necessary to enable them to carry out their duties effectively. (Section 27
of PD 968 as amended by RA No. 10707)
Qualifications of Regional, Assistant Regional, Provincial and City Probation Officers
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer
unless possesses the following qualifications:
1. At least a bachelor's degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, police administration, or related fields;
2. At least three (3) years of experience in work requiring any of the above-mentioned disciplines, or is a
member of Philippine Bar with at least three (3) years of supervisory experience.
Power to administer oaths, to take depositions and be considered as Person in Authority (Section 4 of
RA 10707)
"SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers Regional, Provincial or
City Probation Officers shall have the authority within thein territorial jurisdiction to administer oaths and
acknowledgments and to take deposition- in connection with their duties and functions under this Decree.
They shall also have with respect to probationers under their care, the powers of a police officer. They
shall 0. considered as persons in authority."
Volunteer Probation Assistants (VPAS) (Section 6 of RA 10707)
To assist the Chief Probation and "SEC. 28. Volunteer Probation Assistants (VPAS). Parole Officers in the
supervised treatment program of the probationers, the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness, aptitude, and capability to act as VPAS.
"VPAS shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAS.
Volunteer Probation Assistants (VPAS) (Section 6 of RA 10707)
"They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cause.
Their functions, qualifications, continuance in office and maximum case loads shall be further prescribed
under the implementing rules and regulations of this Act.
Volunteer Probation Assistants (VPAS) (Section 6 of RA 10707)
"There shall be a reasonable number of VPAS in every regional, provincial, and city probation office. In
order to strengthen the functional relationship of VPAS and the Probation Administrator, the latter shall
encourage and support the former to organize themselves in the national, regional, provincial, and city
levels for effective utilization, coordination, and sustainability of the volunteer program."
RESTORATIVE JUSTICE (RJ)
It is a philosophy and a process whereby stakeholders in a specific offense resolve collectively how
to deal with the aftermath of the offense and its implications for the future.
It is a victim-centered response to crime that provides opportunity for those directly affected by
the crime - the victim, the offender, their families and the community - to be directly involved in
responding to the harm caused by the crime.
Its ultimate objective is to restore the broken relationships among stakeholders.

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
 According to John Braithwaite, restorative justice is a process where all stakeholders affected by
an injustice have an opportunity to discuss how they have been affected by the injustice and to decide
what should be done to repair the harm.

With crime, restorative justice is about the idea that because crime hurts, justice should heal. It
follows that conversations with those who have been hurt and with those who have inflicted the harm
must be central to the process.
Dr. Carolyn Boyes-Watson (2014) at Suffolk University's Center for Restorative Justice defines
restorative justice as a growing social movement to institutionalize peaceful approaches to harm, problem-
solving and violations of legal and human rights.
These range from international peacemaking tribunals such as the South Africa truth and
Reconciliation Commission to innovations within the criminal and juvenile justice systems, schools, social
services and communities.
Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive
responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to
the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity
of all."
Comparing Restorative Justice from Traditional Criminal Justice
• Restorative Justice
• Who has been hurt?
• What are their needs? Whose obligations are these?
• What are the causes?
• Who has a stake in the situation?
• What is the appropriate process to involve stakeholders in an effort to address causes and put
things right?
• Traditional Criminal Justice
• What laws have been broken?
• Who did it?
• What do the offender(s) deserve?
THERAPEUTIC COMMUNITY (TC)
Is a self-help social learning treatment model used in the rehabilitation of drug offenders and other
clients with behavioral problems TC adheres to precepts of "right living".
The Therapeutic Community (TC) is an environment that helps people get help while helping
themselves. It operates in a similar fashion to a functional family with a hierarchical structure of older and
younger members.