PROBATION IN THE PHILIPPINES
After 18 technical hearings over a period of 6
months, the draft decree was presented to a selected
A. PROBATION
group of 369 jurists, penologists, civic leaders and
A disposition under which a defendant, after
social and behavioral scientists and practitioners.
conviction and sentence, is released subject to the
The group overwhelmingly endorsed the
condition imposed by the trial Court and to the
establishment of an Adult Probation System in the
supervision of a probation (and parole) officer;
country.
B. PETITIONER
A convicted defendant who files an application for
On July 24, 1976 Presidential Decree No. 968 also
probation;
known as Adult Probation Law of 1976, was signed
C. PROBATIONER
into Law by President Ferdinand E. Marcos.
A person who is placed in on probation;
D. PROBATION OFFICER
The probation system started to operate on January
A public officer like the Chief Probation and parole
3, 1978. There are at present 222 provincial/city
officer (CPPO), supervising probation and parole
parole and probation offices spread all over the
officer (SPPO), senior probation and parole officer
country, supervised by 16 regional offices.
(Sr. PPO), senior and parole officer 11 or a probation
and parole officer 1 who investigates for the Trial
Court a referral for p[probation or supervises a ADVANTAGES OF PROBATION
probationer or does both function and performs other A. Probation Protects Society
necessary and related duties and functions as 1. From the excessive costs of detention
directed. 2. From the high rate of recidivism of detained
offenders
E. TRIAL COURT B. Probation Protects the Victim
refer to the Regional Trial Court of the province or 1. It provides restitution
city/municipal court which has jurisdictions over the 2. it preserves justice
case; C. Probation Protects the Family
F. PROBATION OFFICE 1. It does not deprive the wife and children of
refers either to the provincial or city probation Office husband and a father
directed to conduct investigation or supervision 2. It maintains the unity of the home
referral as the case maybe. D. Probation Assists the Government
G. PROBATION ORDER 1. it reduces the population of prisons and jails
order of the Trial Court granting probation 2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement
The probation was first introduced in the E. Probations Helps the Offender
Philippines during the American Colonial Period 1. It maintains his earning power
with the enactment of Act No. 4221 (AN ACT 2. It provides rehabilitation in the community
ESTABLISHING PROBATION FOR PERSONS, 3. It restores his dignity
EIGHTEEN YEARS OF AGE OR ABOVE, F. Probation Justifies the Philosophy of Men
CONVICTED OF CERTAIN CRIMES BY THE 1. That life is sacred
COURTS OF THE PHILIPPINE ISLANDS; 2. That all men deserve a second time
PROVIDING PROBATION OFFICERS 3. That an individual can change
THEREOF; AND FOR OTHER PURPOSES), 4. That society has moral obligation to lift the fallen
approved on August 7, 1935, thus creating the
probation office. According to Parole and Probation Administration (PPA)
PROBATION is a privilege granted by the court to a
However, on November 16, 1937, after 2 years it person convicted of a criminal offense to remain in
was existed in our country, it was considered the community instead of going to prison/jail.
unconstitutional due to some defects in the law’s According to Presidential Decree 968
procedural framework by our Supreme Court PROBATION is a disposition under which a
defendant, after conviction and sentence, is released
In 1972, Cong. Teodulo C. Natividad and Cong. subject to conditions imposed by the court and to the
Ramon D. Bagatsing, introduced the House Bill 393 supervision of a probation officer (PD 968, 1976,
and filed in the congress to establish the probation Section 3).
system in the Philippines.
PAROLE AND PROBATION ADMINISTRATION
The bill was passed by the House of The Probation Administration was created by Virtue of
Representatives, but was pending in the Senate Presidential Decree No 968, also known as The Probation
when Martial Law was declared and Congress was Law of 1976 to administer the Probation System (PD 968,
abolished. 1976, Section 18).
In 1975, National Police Commission The Probation Administration was renamed to Parole and
Interdisciplinary drafted a Probation Law. Probation Administration through the amendment of
Executive Order No. 292 promulgated on November 23, parolees/ first-time minor drug
1989. offenders, and performs such
Executive Order No. 292 is also known as The other duties as may be
Administrative Code of 1987 assigned by the Regional
Director.
PAROLE AND PROBATION
ADMINISTRATION has a function of supervising E. CASE MANAGEMENT AND RECORDS DIVISION
prisoners who, after serving part of their sentence in Provides assistance to field offices to improve
jails are released on parole pardon with parole investigation and supervision procedures, caseload
conditions. recording and casework services, and manages case
documents of clients.
FUNCTIONS OF PAROLE AND PROBATION
F. COMMUNITY SERVICES DIVISION
ADMINISTRATION
Strengthens community involvement in the
1. To administer the parole and probation system
rehabilitation of clients, and generates and mobilizes
2. To exercise supervision over parolees, pardonees
resources.
and probationers
3. To promote the correction and rehabilitation of
G. LEGAL DIVISION
criminal offenders
Provides legal opinion/ advice/ counsel to the
administration.
ORGANIZATIONAL STRUCTURE OF PAROLE AND
PROBATION ADMINISTRATION
H. TECHNICAL SERVICE DIVISION
Evaluates and manages reports on the application for
1. OFFICE OF THE ADMINISTRATOR
Parole/ Executive Clemency, and functions as the
Acts as Head of the Agency Executive Officer of the
service arm of the Agency to the Board of Pardons
Administrator
and Parole.
2. OFFICE OF THE DEPUTY ADMINISTRATOR
Assists the Administrator and performs such duties as
LEGAL BASIS OF THE PHILIPPINE PROBATION
maybe assigned by the Administrator.
SYSTEM
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 agencies 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 maybe
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/
