Philippine Probation System

History of Probation

Probation is a correctional method under selected offenders may be conditionally suspended upon the
promise of Good behavior and agreement to accept supervision and abide by specified Requirements.
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.

Hill supported the concept of supervision of certain offenders while in the community. If the crime was
minor, the juvenile was not viewed as congenitally amoral, and there was hope for rehabilitation, and
needs the supervision of a guardian. He viewed supervision as consisting not merely of law enforcement
monitoring the behavior of the offender but also as providing social service assistance. Hill insisted that
incarceration, regardless of how well conducted, cannot permanently change the behavior of the
offender. He believed that unofficial agencies, staffed by volunteers, should serve to improve the
miserable conditions of the prisons, and secondly, after the prisoner has become a free man(Linder,
2007, p. 6-9).

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 (Hanser, 2015, p.11). A good deal of his time was spent in
attempting to reform alcoholics, and he generally used the pledge to refrain from alcoholic beverages as
a tool in his efforts at rehabilitation (Linder, 2007, p.3)

. Augustus initiated his voluntary probation work in 1841 when he requested a judge to defer the
sentencing for three weeks of a man found guilty of being a common drunkard. He requested that the
defendant be placed in his custody during this time period and with the consent of the judge, Augustus
bailed him out of court. Augustus had the defendant sign the pledge of sobriety. At the end of three
weeks, Augustus accompanied the defendant back to court for sentencing, and the success of his
supervision was significant (Linder, 2007, p.3).supervision was significant (Linder, D07,

Augustus did not recommend everyone for probation. He carefully screened prospective candidates
through interviews, checks of their background, and social histories. For the most part, the offenders he
sponsored were low-risk, nonviolent criminals. One of the most important components of his work was
supervision of the offender. Not content to merely bail out the offender, Augustus sought to improve his
behavior and keep him crime free. To this end, he continued his contacts with the probationer, not only
to monitor his conduct, but to bring about change by meeting his social needs (Linder, 2007, p. 4).
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 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 (Hanser, 2015, p.16).

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.5

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 Criminal offense to remain
in the community instead of going to prison/ Law of 1976, 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 (PD 968, 1976, Section 18). 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 (EO 292, 1987, BOOK IV, Title III, Chapter 7, Section 23) 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.

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:

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, records management, screening of
applicants for hiring and promotion through psychological testing and evaluation, and capability
enhancement of personnel

. 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, and performs such duties as may be assigned by
the Administrator

- 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, caseload recording and casework services, and manages case documents of
clients.

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.

Processes of the probation system

Application for Probation

The applicant needs to file his application with the Trial Court at any time after conviction and sentence
but within the period for perfecting his appeal as provided by the Rules of Court (Probation Rules, 2014,
be filed with the Trial Court which has jurisdiction over the case (Probation Rules, 2014, section 7).
Application for probation must be filed with the Trial court which has jurisdiction over the case
(Probation Rules, 2014, Section 6).

The application for probation must be in the form approved by the Secretary of Justice, as recommended
by the Administrator, or as may be prescribed by the Supreme Court. Official application form or Xerox
copy of the same may be obtained or secured from any City or Provincial Parole and Probation Office for
free (Probation Rules, 2014, Section 8).

The Trial Court will notify the concerned Prosecuting Officer of the filing of the application at a
reasonable time it deems necessary, before the scheduled of its hearing (Probation Rules, 2014, Section
9). The Prosecuting Officer may submit his comment(s), if any, on the application within a reasonable
time given to him by the Trial Court from his receipt of the notice to comment (Probation Rules, 2014,
Section 10).

If the Trial Court finds that the application is in due form and the applicant appears to be qualified for
the grant of probation, they will order the City or Provincial Parole and Probation Office within its
jurisdiction to conduct a Post-Sentence Investigation (PSI) on the applicant and submit the PostSentence
Investigation Report (PSIR) within sixty (60) days from receipt of the order of said court to conduct such
investigation with findings and recommendation as stated in PD 968 (Probation Rules, 2014, Section 11).
Grant of Probation

The court may suspend the execution of said sentence and place the defendant after it convicted and 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, 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.

Moreover, the trial court, upon receipt of the application filed, suspended the execution of the sentence
imposed in the judgment. Consequently, the accused shall lose the benefit of probation should he seek a
review of the modified decision which already imposes a probationable penalty.

It is important to note that 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 (RA 10707, 2015, Section 1).

Disqualified Offenders

According to Section 2 of RA 10707 (201s), the benefits of Probation shall not be extended to the
following:

1. Offenders sentenced to serve a maximum term of imprisonment of more than six (6) years;

2. Offenders convicted of any crime against the national security;

3. Offenders 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 (P1,000.00);

4. Offenders who have been once on probation under the provisions of this Decree; and

5. Offenders who are already serving sentences at the time the substantive provisions of the Probation
law of 1976.

Effect of Revocation

After a serious violation of a probation condition has been established in the hearing, the Trial Court
may order the continuance of the probationer’s probation or modification of his probation conditions or
revoke his probation whichever is proper and just under in judicial Discretion. If the probation period has
been revoked, the Trial Court Shall order the probationer to serve the sentence originally imposed in the
judgment of his case for which he applied for probation (Probation Rules, 2014, Section 52).

Early Termination of Probation

The following are the conditions for probationers who may be Recommended for the early termination
of their probation period (Probation Rules, 2014,, Section 55):

1. Those who are suffering from serious physical : and/or mental Disability such as deaf-mute, the n
lepers, the crippled, the Blind, the senile, the bed-ridden, and the like:

2. Those who do not need further supervision as evidenced by the following:

a. Consistent and religious compliance with All the conditions imposed in the order Granting
probation;

b. Positive response to the programs of supervision designed for their rehabilitation

c. Significant improvements in their social and Economic life:

d. Absence of any derogatory record while under probation

; e. Marked improvement in their outlook in life by becoming socially aware and responsible members
of the family and community; and

f. Significant growth in self-esteem, self-discipline and self-fulfillment;

g. Termination of Probation

3. Those who have:

a. To travel abroad due to any of the following

i. An approved overseas job contract or any Other similar documents; or

ii. An approved application for scholarship, Observation tour or study grant for a Period not less than
six (6) months;

iii. An approved application for immigration.

iv. An approved application to take the Bar and board Examinations.

b. To render public service

i. Having been elected to any public office; or

ii. Having been appointed to any public office.

. 4. Other probationers who have fully cooperated with/participated in the programs of supervision
designed for their rehabilitation and who are situated under conditions/ circumstances similar in nature
to those above-described at the discretion of the proper authorities

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. The final
discharge of the probationer operates 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 (RA
10707, 2015, Section 3).

Final discharge and its legal effects

After expiration of the original or extended probation period and based on due consideration of the POs
final report, the Trial Court may order the final discharge of the probationer upon finding that he has
fulfilled the probation terms and conditions and, thereupon, the probation supervision case is deemed
terminated.

(a) The final discharge of a probationer shall operate to restore to him all civil rights lost or suspended as
a result of his conviction and to fully discharge his liability for any fine imposed as to the crime or offense
for which probation was granted without prejudice to his civil liability. It is hereby understood that, the
probationer's political rights are not lost or suspended even during the probation period.

(b) The probationer and the probation office shall be promptly furnished with copies of such final
discharge or Termination Order.

Probation rules

Supervision of Probationer/s

Supervision of probationer/s involved monitoring the actual Behavior of client-offender/s and

compliance with all the conditions of their temporary liberty as implemented in the supervision process
(Co, 2016). Supervision service shall commence on the day of initial interview or reporting of a
probationer (Probation Rules, 2014, Section 39).

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. In addition to this, the court may also require the probationer to:

 Cooperate with a program of supervision;

 Meet his family responsibilities;

 Devote himself to specific employment and not to change said employment without the prior written
approval of the probation officer;

 Undergo a medical, psychological, or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;

 Pursue a prescribed secular study or vocational training;

 Attend or reside in a facility established for instruction, recreation or residence of persons on

probation; Refrain from visiting houses of ill-repute;

 Abstain from drinking intoxicating beverages to excess:

 To a probation officer or an authorized social Permit to a Worker to visit his home and place or work;

 Reside at premises approved by it and not to change his Residence without its prior written approval;
or

 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.

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 (PD 968, 1976, Section 11).

During the period of probation, the court may revise or modify the conditions or period of probation,
upon application of either the probationer or the probation officer. 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 for it (PD 968, 1976, Section 12).

Violation of Probation Condition

Based on reasonable cause reported by a reliable informant or on 1s own findings, the SPPO, SPPO,
PPOII, PPOI concerned or the CPPO Himself shall conduct or require the Supervising Probation Officer on
Case to immediately conduct a fact-finding investigation on any alleged Or reported violation of
probation condition/s to determine the veracity And truthfulness of the allegation (Probation Rules,
2014, Section 47). A Probationer’s specific act and/or omission/s constitutive of a violation Of probation
condition/s set forth in the original, modified or revised Probation Order shall be reported to the Trial
Court, taking into account The totality of the facts and surrounding circumstances and all possible Areas
of consideration (Probation Rules, 2014, Section 46).

After the completion of the fact-finding investigation, the Supervising Probation Officer on case must
prepare a violation report thereon containing his findings and recommendations and submit the same to
the CPPO for review and approval. Then, the Parole and Probation Office shall file with the trial court a
Violation Report or PPA Form 8, containing its findings and recommendation, duly prepared and Signed
by the SPPO, SPPO, PPOII, PPOI concerned and duly noted by the CPPO for the court’s resolution
(Probation Rules, 2014, Section 48.a and c)

Supervision of Probationer/s

Supervision of probationer/s involved monitoring the actual Behavior of client-offender/s and

compliance with all the conditions of their temporary liberty as implemented in the supervision process
(Co, 2016). Supervision service shall commence on the day of initial interview or reporting of a
probationer (Probation Rules, 2014, Section 39).

Outside Travel During Probation

A Probation Officer may authorize a probationer to travel outside his Area of operational/territorial
jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days. If the requested
outside travel is for more than thirty (30) days, said request shall be recommended by The CPP0 and
submitted to the Trial Court for approval. Outside travel for a cumulative duration of more than thirty
(30) days within a period of Six (6) months shall be considered as a courtesy supervision.

A Probationer who seeks to travel for up to thirty (30) days outside The operational/territorial
jurisdiction of the Probation Office shall file At least five (5) days before the intended travel schedule a
Request for Outside Travel or PPA Form 7 with said Office properly recommended By the Supervising
Probation Officer on case and (Probation Rules, 2014, Section 41.a-d).

Change of Residence

During Probation A Probationer may file a Request for Change of Residence or PPA Form 24 with the City
or Provincial Parole and Probation Office, citing The reason(s) therefore this request shall be submitted
by the Supervising Probation Office for the approval of the Trial Court. If it gets approved, The
supervision and control over the probationer shall be transferred To the concerned Executive Judge of
the RTC, having jurisdiction And control over said probationer, and under the supervision of the City or
Provincial Parole and Probation Office in the place to which he Transferred (Probation Rules, 2014,
Section 42.a-b).

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 (PD 968, 1976, Section l4).

Arrest and subsequent disposition of probationer

Probation Aides

The Probation Aides are citizens of good at least repute and probity, at] at least high school graduates 18
years of age on the date of appointment, and preferably residence of the same locality or community
covering the place of residence of the probationer and/or the CPPOs, SPPOS, and SPPOs, PPOsII, and
PPOsI. Their functions are (Probation Rules, 2014, Section 57):

1. To assist in the supervision of probationers, assigned up to a maximum caseload64 subiect to

administrative and technical supervision by the Probation Officers,

2. To prepare records of their activities and accomplish related reports and prompt submission of it; and
undertake other related activities.

3. To identify, generate, tap local community resources or conduct such activities on skills training and
sports and cultural programs for clients.