CA2

• Probation first introduced in the Philippines during the American colonial period


  1898-1945
• Act 4221 on probation enacted by the Philippine legislature


  August 7, 1935
• Presidential Decree No. 968 (PD 968) on community-based treatment of offenders promulgated


  July 24, 1976
• Probation system started to operate in the entire country of the Philippines

  January 3, 1978
• There are 183 field offices of the probation system spread all over the Philippines supervised by 16 regions
• Probation


  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
• Legal basis of community-based treatment

  • Presidential Decree No. 968 (Adult Probation Law of 1976)
  • Administrative Code of 1987
  • Board of Pardons and Parole Resolution No. 229, dated April 2, 1991
  • Juvenile Justice and Welfare Act of 2006
• Parole and Probation Administration

  • A line-bureau type of organization created under the Department of Justice
  • Organized in 15 Regional Offices and Provincial/City Probation and Parole offices with a total of 183 Probation and Parole Offices nationwide
  • Has seven divisions: Administrative, Legal, Finance and Management, Planning, Community Service, Technical Service, and Case Management and Records
• Entry qualifications for probation and parole officers

  • At least 25 years of age
  • Satisfy the minimum educational requirement of a bachelor's degree with a major in social work, sociology, psychology, criminology, penology, corrections, police administration, public administration, or related fields
  • Have no criminal record
• Six essential goals of the probation system

  • An enlightened and humane correctional system
  • The reformation of offenders
  • The reduction of incidence of recidivism
  • To extend to offenders individualized and community-based treatment programs instead of imprisonment
  • It is limited only to offenders who are likely to respond to probation favorably
  • It is economical
• Probation


  • From the Latin word "probation" which means testing
  • From the Latin verb "probare" which means to prove
• Terms to ponder


  • Amicus curiae
  • Absconding petitioner
  • Absconding probationer
  • Defense counsel
  • Petition
  • Petitioner
  • Probation investigation
  • Probation supervision
  • Probation office
  • Probation order
  • Prosecutor
  • Trial court
  • Volunteerism
• Mathew Davenport Hill


  • The "Father of Probation in England"
  • Believed that crime could be prevented by reformation in prison, ending in the convict's release on a showing of good behavior throughout his prison term, and by life imprisonment of incorrigibles, without the possibility of parole
• John Augustus


  • The "Father of Probation"
  • Recognized as the first true probation officer
  • Founded the investigations process, one of three main concepts of modern probation, the other two being intake and supervision
  • Applied the term "probation" to his method of treating offenders
• Forerunners of probation


  • Benefits of the clergy
  • Judicial Reprieve
  • Recognizance or "Binding over for good behavior"
  • Transportation
• Parole and Probation Administration (PPA)


  An agency of the Philippine Government under the Department of Justice responsible for providing a less costly alternative to imprisonment of 1st time offenders who are likely to respond to individualized community-based treatment programs
• Functions of PPA


  • To administer the parole and probation system
  • To exercise supervision over parolees, pardonees, and probationers
  • To promote the correction and rehabilitation of criminal offenders
• Organizational structure of PPA

  • Office of the Administrator
  • Assistant Administrator
  • Regional Parole and Probation Officer (RPPO)
  • Assistant Regional Parole and Probation Officer (ARPPO)
  • City or Provincial Parole and Probation Officer (C/P PPO)
• Probation investigation and supervision records are privileged and shall not be disclosed directly or indirectly to anyone other than the Parole and Probation Administration, the Trial Court or other courts concerned, except the court of origin (Trial Court)
• Forms used in the probation process

  • Probation Form 1 - Worksheet for investigation
  • Probation Form No. 2 - Waiver authorizing PPA to secure pertinent documents
  • Probation Form No. 3 - Post-Sentence Investigation Report
  • Probation Form No. 4 - Statement of understanding and compliance with probation conditions
  • Probation Form No. 5 - Monthly Written Report by Probation Officer
• Parole


  The suspension of the sentence of a convict after serving the minimum of the sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be suspended
• Parole is a French word used in the sense of word of honor
• In Europe, two persons who are administrators in the early 19th century contributed to the development of parole: Menthesinos of Spain
• Form No. 3


  Post-Sentence Investigation Report
• Probation Form No. 4

  Statement under oath signed by the petitioner that he understands the conditions of his probation and that he undertakes to comply with said conditions
• Probation Form No. 5


  Monthly Written Report submitted by Probation Officer within the first ten (10) days of each month on the status and progress of all probationers under his charge to the Regional Probation Officer concerned
• Parole


  Suspension of the sentence of a convict after serving the minimum of the sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be suspended
• Parole is a French word and is used here in the sense of word of honor
• Origin and development of parole

  • In Europe, two persons who are administrators in the early 19th century contributed to the development of parole - Menthesinos of Spain and Abermanior, a German
• Parole in the Philippines

  Governed by the INDETERMINATE SENTENCE LAW, also known as ACT NO. 4103, Dated December 05, 1933
• Cases in which the indeterminate sentence law shall not apply

  • Offense punished by death or life imprisonment
  • Those convicted of treason, conspiracy or proposal to commit treason
  • Those convicted of misprision of treason, rebellion, sedition, or espionage
  • Those convicted of piracy
  • Those who escaped from confinement or those who evaded sentence
  • Those whose maximum period of imprisonment does not exceed one year
• Parole administration in the Philippines

  Administered by the Board of Pardons and Parole, chaired by the Secretary of Justice with four members appointed by the President
• If during the surveillance, the parole prisoner shows himself to be a law abiding citizen and does not violate any laws


  The Board of Indeterminate Sentence may issue a final certificate of release in his favor, which shall entitle him to final release and discharge
• When any prisoner released on parole violates any condition of his parole


  The Board of Indeterminate Sentence may issue an order for his re-arrest
• Essential elements of parole

  • The offender is convicted
  • He serves part of his sentence in prison
  • He is released before the full expiration of his sentence
  • The release is conditional, depending on his good behavior
  • He remains on parole until the expiration of his maximum sentence
• Post-Sentence Investigation Report


  Short of a complete background check of the offender, including agency checks, local and national, birth records, citizenship, education, employment, military service, police service, credit records, foreign travel, organizations, neighborhood check, character reference, and the "family tree" of the petitioner
• Persons disqualified for parole

  • Those convicted of an offense punished with Reclusion Perpetua (Life Imprisonment)
  • Those convicted of treason, conspiracy or proposal to commit treason
  • Those convicted of misprision of treason, rebellion, sedition or espionage
  • Habitual delinquents
  • Those who escaped from confinement or evaded sentence
  • Those granted conditional pardon and violated any of the terms thereof
  • Those whose maximum term of imprisonment does not exceed one (1) year or are with a definite sentence
  • Those suffering from any mental disorder
  • Those whose conviction is on appeal
  • Those who have a pending criminal case for an offense committed while serving sentence
• Executive Clemency


  Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and Commutation of Sentence as may be granted by the President of the Philippines
• How to apply for Executive Clemency


  A formal petition for executive clemency addressed to the President of the Philippines, through the Chairman of the Board of Pardons and Parole, shall be submitted
• Absolute Pardon


  Total extinction of criminal liability, brings back all civil and political rights, but requires payment of civil liability