Lesson Proper for Week 7

ADVANTAGES OF PROBATION

1. It prevents crime by giving freedom and rehabilitation only to those convict who
are not likely to re-commit violation of penal laws.

2. It protects the society by placing the probationer under supervision of probation

officer.

3. It conforms to the concept of restorative justice.

4. It gives another chance in life and provides opportunity to be rehabilitated to the

penitent convict.

5. It prevents first time convict to become hardened criminal.

6. More economical or less costly on the part of the government.

7. Provides solution of overcrowded jail and prison facilities.

8. It restores successful probationers his civil rights.

9. It makes the probationer a taxpayer instead of tax eater.

Statutory Attributes of Philippine Probation System:

The probation system established in the Philippines has at least three important
characteristics that make it different from other probation systems of other jurisdictions.

1. It is a "once in a lifetime affair, meaning that a convicted person can only avail
the privilege of a probation once in his lifetime. If he is convicted again, such person can
no longer avail himself of another probation. However, in Western countries, a person
can avail of probation as many times as he is convicted of violating penal laws.

2. Selective application. Probation is made available only to those convicted of

certain crimes. Crimes against national security, like treason and espionage are
excluded. Those who are sentenced to prison terms of more than six years are also
excluded from the probation privilege.

3. Persons under probation retain their civil rights, like the right to vote, or
practice one's profession, or exercise parental or marital authority. In most Western
countries, in order that a person who had undergone probation may be restored his civil
rights, he must initiate separate court proceedings. It is relevant to notice that
Presidential Decree No. 968 is a legal framework which will serve as basis for the
implementation of the probation system in the country.

4. The suspension of the execution of sentence is conditional, violations of any

of the condition may cause revocation of the privilege.

5. Conditions of probation to be imposed by the court to protect public safety

and to foster the rehabilitation and reformation of the probationer.

6. Jurisdiction of the court is continuing in character

7. Post Sentence Investigation Report is mandatory, which will serve as

informational guide for the court's decision in granting or denying the same.

8. Supervision, guidance and assistance by the Probation Officer over the

probationer.

Basic Guidelines for Probation Application

· Application for probation shall be filed with the trial court, which has jurisdiction
over the case. Such court is the very same court that heard, tried, decided and imposed
penalty against the convicted person.

Note: There is no other court that can exercise jurisdiction regarding the probation
application, except for the trial court which previously exercised jurisdiction over the
criminal offense.

· The filing of an application for probation is jurisdictional. The time of filing shall be
within the period for perfecting an appeal. Under the Revised Rules of Court the period
of perfecting an appeal is fifteen (15) days.

· The application shall be in the form approved by the Secretary of Justice as

recommended by the PPA Administrator.

· The trial court may notify the concerned prosecuting officer of the filing of the
applicant at a reasonable time it deems necessary, before the schedule hearing

· The prosecuting officer may submit his comment, if any, on the application within
thereof. reasonable time given to him by the trial court from his receipt of the notice for
· If the trial court finds that the application is due in form and the applicant appears
him to comment.to be qualified for the grant of probation, it shall order the city or
provincial Parole and Probation office to conduct a post-sentence investigation and
submit the same within 60 days from receipt of the order of said court to conduct the
investigation.

· The court has five (5) days from the time the court received the post-sentence
investigation report to resolve the application.

Consequences of Filing of Application for Probation

· The trial court, upon receipt of the application filed, suspend the execution of the
sentence imposed on the judgment.

· Pending submission of the post-sentence investigation and resolution on

application, the applicant may be allowed on temporary liberty under his bail filled in the
criminal case.

· Where no bail is filed or applicant is incapable of filing one, the trial court allow
the release of the applicant on recognizance.

Post-sentence Investigation (PSI) - 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 applicant for
probation will be served thereby.

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 (5) days after receipt of said report.

Notes:

· Within 60 days from receipt of the order of the Court - Probation officer shall
conduct Post Sentence Investigation.

· Within 5 days from receipt of the Post Sentence Investigation Report - The court
shall resolve the petition for probation.

· Bail may be allowed during the pendency of the investigation or pending

resolution for probation.

· No need to post additional bail, the same bail posted for criminal case may be
used.
· Recognizance may be allowed when the applicant for probation is incapable to
post bail. Rule on Bail under the Revised Rules on Criminal Procedure is applicable.

Nature and Character of Post-Sentence Investigation Report

It is a recommendatory in nature and persuasive in character addressed tot character

addressed to the sound discretion of the trial court considering that the denial or grant of
probation is a judicial function.

Full Blown Courtesy Investigation (FBCI)

Is a general courtesy investigation from another city or provincial parole and probation
office, which request for a complete P'SIR on a petition for probation pending probation
pending referral investigation in the Probation Office of origin.

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commission of the

crime and/or a permanent resident of another place

2. He spent his pre-adolescent and/or adolescent life in the province or city of origin

3. He attended and/or finished his education thereat

4. His immediate family members, collateral informants or disinterested persons and

officials who can best authenticate the inter-family relationship, upbringing behavior of
the applicant for probation in the community are residents of the place of his origin

Grant of Probation (Section 4 of PD 968 as amended by RA 10707)

"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 trial court shall, upon receipt of the application filed, suspend the execution "the
sentence imposed in the judgment.
"This notwithstanding, the accused shall lose the benefit of probation should he eek
review of the modified decision which already imposes a probationable penalty.

"Probation may be granted whether the sentence imposes a term of imprisonment or

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."

Notes:

· As a general rule, No application for probation shall be entertained or granted if

the defendant has perfected the appeal from the judgment of conviction such appeal will
serve as a disqualification for probation.

· Exception to general rule is that, when a judgment of conviction imposing 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 (Section 1 of RA 10707).

When Probation Order become Effective

It shall take effect upon its issuance at which time the court shall inform the fender of
the consequences thereat and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense under
which he was placed on probation.

Persons Disqualified to be placed on Probation (based on RA 10707)

"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 (P1,000.00);

“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."
Notes:

· Convicts who are sentenced to serve a maximum term of imprisonment of 6

years and one day and above are disqualified to avail the privilege of probation.

· A penalty of six years and one day is not entitled to the benefits of the law. In
Francisco v. CA, 243 SCRA 384, the Supreme Court held that in case of one decision
imposing multiple prison terms, the totality of the prison terms should not be taken into
account for the purposes of determining the eligibility of the accused for the probation.

· Convicted of any crime against the national security (such as treason, espionage
and piracy.) Prior to RA 10707 crimes against public order was included. 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). Prior to 10707, it was for imprisonment of not less than one month
and one day and/or a fine of not less than P200.

· Except for the reasons specified by the law, a trial court should not deny a
petition for probation, especially when the probation officer has favorably recommended
the grant of probation. Unless in exercise of its sound discretion, the court determine
that granting probation will not able to serve the ends of justice and the best interest of
the public primarily, as well as that of the applicant.

· Even if at the time of conviction the accused was qualified for probation at the
time of his application for probation, he is no longer qualified, and he is not entitled for of
the grant of probation. The qualification for probation must be determine the time the
application is filed in court (Bernardo v. Judge Balagot, 86561, Now 10, 1992).

· The law enumerates who are disqualified from being allowed to avail of probation,
and the application for probation of one who does not come under any of these
disqualifications should be granted (Santos vs Paño, 120 SCRA 8)

Period of Probation

The period of probation of a convict sentenced to a term of imprisonment more than one
year shall not exceed two years, and in all other cases, said period shall n t exceed six
years (Section 14-a, PD 968 as amended).

When the sentence imposes a fine only and the convict is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor be
more than twice the total number of days of subsidiary imprisonment as computed at
the rate established in Article 39 of the Revised Penal Code (Section 14-b, PD 968 as
amended)

Arrest of Probationer; Subsequent Dispositions

At any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation. The probationer,
once arrested and detained, shall be immediately be brought before the court for a
hearing of the violation charged. The defendant may be admitted to bail pending such
hearing, In such case, the provisions regarding release on bail of persons charge with a
crime shall be applicable to probationers arrested under these provisions.

Obligations of a probationer:

1. Present himself to the probation officer within 72 hours from receipt of probation
order.

2. Report himself to the probation officer at least once a month during the period of
probation.

3. Not to violate the conditions of his probation

Terms and Conditions of Probation

Two kinds of conditions in probation: (1) mandatory: (2) discretionary.

Mandatory or General Conditions

1. To present himself to the Probation Office for supervision within 72 hours from
receipt of the probation order

2. To report to the assign probation officer at least once a month during the period of
probation at such time and place as may be specified by the Probation Office.

Discretionary or Special Conditions

1. Cooperate with his program of probation treatment and supervision;

2. Meet his family responsibility;

3. Devote himself to a specific employment and not to change said employment

without prior written approval of the Chief Probation and Parole officer;

4. Undergo medical, or psychological, or clinic, or drug or psychiatric examinations

and treatment and remain in a specified institution, when required for the purpose;

5. Comply with a program of payment civil liability of the of offended party or his
when required by the trial court of as embodied in its dee: decision or resolution,

6. Pursue a prescribed secular study or vocational training

7. Attend or reside in a facility established for instruction, schedule or residence of
persons on probation;

8. Refrain from visiting houses of ill-repute;

9. Abstain from drinking intoxicating beverage to excess:

10. Permit the supervising probation once on case or authorized social visit his home
and place of work;

11. Reside at premises approved by the trail court and not to change his residence
without proper approval of the said court; and

12. Satisfy other conditions related to his rehabilitation into a useful citizen, which : is
not unduly restrictive of his liberty or incompatible with his freedom of conscience.

Supervision of Probationers

The primary purposes are as follows:

1. To ensure the probationer's compliance with the probation conditions and the
prescribed probation treatment and supervision program/plan;

2. To manage the process of the probationer's rehabilitation and reintegration into

the community; and

3. To provide guidance for the probationer's transformation and development into a

useful citizen for his eventual reintegration to the mainstream of society

Essential goals of Probation

1. An enlightened and humane correctional system;

2. The reformation of offenders;

3. The reduction of the incidence of recidivism;

4. To extend to offenders individualized and community-based treatment programs

instead of imprisonment;

5. It is limited only to offenders who are likely to respond to probation favorably; and

6. It is economical or less costly than confinement to prisons and other institutions

with rehabilitation programs.

The Basic Legal Concept of Probation (Two-fold Concepts):

1. As a conditional suspension of the execution of sentence; and,

2. As a personal care or treatment and supervision over the probationer.

The former denotes that the court assumes a primary role because a grant of probation
is judicial function and prerogative. The latter indicates the administrative aspect of
probation through the supervision of a probation officer and from the point of view of
social workers, a social casework treatment.

The court dual role in probation:

1. When it acts in accordance with the jurisdiction it acquires over the accused and
proceeds to determine his guilt. Assuming an afirmative finding of the offender's guilt
beyond reasonable doubt, the court would convict and sentence said offender.

2. When the court determines whether or not to grant probation upon application of
the offender. Sections 3(a) and 4 of the Decree clearly showed this purpose. The
Decree defines probation in Section 3 as "a disposition under which the defendant, after
conviction and sentence, is released subject to the conditions imposed by the court and
to the supervision of a probation officer.

Notes:

· An offender will be released on probation only after conviction and sentence.

Furthermore, Section 4 underlines the necessity of filing an application with the trial
court before the suspension of the execution of the court's judgment.

· If the court finds that the petition is in due form and that the petitioner is not
disqualified from the grant of probation it shall refer the same to the Provincial or City
Probation Officer within its jurisdiction as the case may be.

· Only upon the filing of an application for probation after conviction and sentence
and a determination that the offender does not fall under any of the disqualifications set
for thin the Decree the court may suspend the execution indispensable requisite to a
grant

· The Post-Sentence Investigation is an indispensable requisite to a grant of

probation The Probation Law provides: No person shall be placed probation except
upon prior investigation by the probation officer and 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
thereby.” The scope of the investigation must be consistent with the purposes of
probation. In general, it is a fact finding inquiry into all information relative to the
character antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources.
· Upon the termination of the Post-Sentence Investigation, the probation officer
shall submit to the court the investigation report on a defendant not late office than sixty
days from receipt of the order of said court to conduct the investigation.

In case of violation is committed by the probationer:

The court, after considering the nature and seriousness of the violations of probation,
may issue a warrant for the arrest of the probationer. He is then brought to the court
immediately for hearing, which is summary. If violation is established, the Court may
revoke or continue the probation and modify the conditions thereof. If revoked, the
probationer shall be ordered to serve the sentence originally imposed and shall commit
the probationer. The order of the court is not appealable (Re: Section 15 of PD 968 as
amended).

Termination of Probation (Section 3 of RA 10707 amended Section 16 of PD 968)

"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 the probationer upon finding that he has fulfilled the terms and
conditions of his probation and thereupon the case is deemed terminated.

Final Discharge of probation and its implications: (Section 3 of RA 10707)

"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"

Privilege and Confidential Nature of Probation Records

The investigation report and the supervision history of probationer obtained the
Probation Law shall privileged and shall not be disclosed directly or indirect directly or
indirectly to anyone administration or the court concerned, except that the court, in
mentioned its discretion, may permit the probationer or 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 off may, if
necessary, obtain copies of said documents for its official use from the proper court or
the Administration(Section 17 of PD 968 as amended)

The penalty of imprisonment ranging from (6) months and one (1) day to six(6)
years and a fine ranging from six hundred to six thousand pesos shall be imposed upon
any person who violates the confidential nature the confidential nature of probation
records (Section 29 of PD 968 as amended)
Advantages of Probation:

The implementation of the Probation Law will confer benefits and advantage not only to
society in general but more so on the part of the offender and the government.

1. For the society -The philosophy of probation is that the community is responsible
for crime and its causation, that individuals can change deserve a second chance, and
that it is for the greater good of society that offenders not be summarily eliminated from
productive life brought back to its fold in the quickest and least traumatic way possible.

2. For the victim - Probation provides restitution in favor of the victim hence, justice
is considered served.

3. For the Convicts - In the absence of probation as an alternative to incarceration,

a convicted individual would accumulative suffer the loss not only of family contacts and
job, but also, with the mass treatment in prison, loss of privacy or any privileges
requiring exercise of personal freedom of choice

4. For the family of the convicts - It does not deprive the children of their parents
and a spouse for her/his husband or wife hence, it maintains the family united.

5. For the government - The confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an onerous drain on the financial
resources of the country. Probation is thus a less costly alternative to the imprisonment
of offenders.
Lesson Proper for Week 8
PAROLE AND PROBATION ADMINISTRATION (PPA)

(Formerly known as Probation Administration)

Figure 1: Parole and Probation Administration

Source: https://web.facebook.com/Parole-and-Probation-Administration-Region-XI-
735631843185761/

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:
Ø Promote the reformation of criminal offenders and reduce the incidence of recidivism,
and
Ø 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 of regional and field
parole and probation offices performs the following functions:
Ø to administer the parole and probation system
Ø to exercise supervision over parolees, pardonees and probationers
Ø 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, and founded on a code or conduct that respects the
dignity of clients and fellowman.

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 and programs, with timely, complete and accurate
disclosure in required reports.

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.
Lesson Proper for Week 9
ADMINISTRATIVE OBJECTIVES

The following are the administrative objectives of the non-institutional Corrections:

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.
2. To achieve a united approach to Agency goals through integrated planning and
constant coordination among all units.

3. 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 case loads, and
their management.

4. To recruit qualified employees and volunteer aides, and to promote their

continuing professional development.

5. To continuously improve staff and line service through adequate personnel

supervision, relevant research, and periodic evaluation.

6. To generate greater public and inter-agency support for probation through an

integrated and systematic public information program.

7. 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 thrust

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 investigating 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
assignea to him by the PPA Administrator and as may be provided by law. In the
absence of tne 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
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.

Other PPA Officers

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 oficer 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. Insruct all probationers under his supervision or that of the probation aide on the
Administrator; 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 brine about an improvement in tneir conduct and
conditions,

4. Maintain a detailed record of his work and submit such written reports as may be
required by the Administration or court having jurisdiction over the 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;

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 may 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.

Note:

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 25 of PD 968 as amended)

Power to administer oaths, to take depositions and be considered as Person in

Authority (Section 4 of RA 10707)
"SEC. 24. Miscellaneaus Powers of Regional, Provincial and City Probation Oficers. -
Regional, Provincial or City Probation Officers shall have the authority within
their territorial jurisdiction to administer oaihs and acknowledgments and 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 oficer
They shall be considered as persons in authority."

Volunteer Probation Assistants (VPAs) (Section 6 of RA 10707)

“SEC. 28. Volunteer Probation Assistants (VPAs).- To assist the Chief Probation and
Parole Qfficers in the supervised reatment program of the probationers, the Probation
Administrator may apPpoint 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 ofice. 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 ofense

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 infiicted 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. Rather than privileging the law,
professionals and the state, restorative resolutions engage those who are harmed,
wrongdoers and their affected communities in search of solutions that promote repair,
reconciliation and the rebuilding of relationships.

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."

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. Each member has a defined role
and responsibilities for sustaining the proper functioning of the TC. There are sets of
rules and community norms that members commit to live by and uphold upon entry. The
primary "therapisť" and teacher is the community itself, consisting of peers,
staff/probation and parole officers and even Volunteer Probation Aides (VPA), who, as
role models of successful personal change, serve as guides in the recovery process.
 Figure: PPA Organization Chart

Source: https://www.slideshare.net/probation/organizational-chart-presentation