On
Non-Institutional Corrections Reviewer 

Syllabi/Tables of Specification

The registered criminologist can perform the competencies under the following sub-topics:
  1. Understand, organize, and apply the processes of the Probation System from petition, investigation, grant, denial/disqualification, supervision, monitoring, violation of the condition/s, changes in the condition/s, suspension, revocation, trial, early discharge, and release of the probationer, including the role of the probation officer, probation aids, and the victim/complainant in the probation process. 
  2. Understand, organize, and apply the processes of the Parole System from petition/review/evaluation of the institution BJMP and BUCOR, investigation, grant of the Board of Pardons and Parole, denial/disqualifications, the process of supervision and monitoring, violation of the condition/s, changes in the condition/s, suspension, revocation, arrest of the parolee, early discharge, and release of the parolee, including the role of the parole officer, and the victim/complainant in the parole process. 
  3. Understand, use, and evaluate the forms of clemency such as but not limited to: Executive Clemency - Pardon, Absolute and Conditional, Commutation of Sentence, and Reprieve; other relevant remedies granted by the Court; other clemency such as Decriminalizing certain criminal acts, Repealed Penal/Criminal Laws; and Amnesty. Including the processes and procedures of the grant denial/disqualifications, the process of supervision and monitoring, violation of the condition/s, changes in the condition/s, suspension, revocation, arrest of the grantee, early discharge, and release of grantee.
  4. Understand and apply the relevant provisions of the law on PDL's preventive imprisonment, allowance for good conduct, and special time for loyalty. Including its process and grant of time allowance, qualification/disqualification/cancellation/ revocation of the grant, and the related provisions of the extinction of criminal liability both total and partial.


The Board of Pardons and Parole - was created under Act No. 4103, as amended. It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.

Functions
1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of executive clemency;
3. To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their final release and discharge.

Basis for Grant of Parole
1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and remain at liberty without violating the law; and
3. His or her release will not be incompatible with the welfare of society.

How May Executive Clemency Be Exercised?
1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Commutation – refers to the reduction of the duration of the prison sentence of a prisoner.

Commutation Allowed When:
1. The person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty

Absolute Pardon - An act of grace, proceeding from the power entrusted with the execution of the laws, Exempts the individual from the penalty of the crime, he has committed.

Conditional Pardon - If delivered and accepted, it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition.
Example of a condition:
Not to violate any of the penal laws of the country again.

Reprieve - refers to the deferment of the implementation of the sentence for a while; it does not annul the sentence but merely postpones or suspends its execution

Basis for Grant of Executive Clemency
The BPP recommends to the President the grant of executive clemency when any of the following circumstances are present:
1. The trial or appellate court recommended in its decision the grant of executive clemency for the prisoner
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the  crime committed
3. The offender qualifies as a youth offender at the time of the commission of the offense
4. The prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic considerations and amity among nations necessitate review and
7. Other similar or analogous circumstances whenever the interest of justice will be served thereby

When Applications for Executive Clemency will not be Favourably Acted Upon by The Board of Pardon and Parole
1. Convicted of evasion of service of sentence;
2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of Violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs Act of 2002;
6. Convicted of offenses committed under the influence of drugs
7. Whose release from prison may constitute a danger to society.

Issues Confronting The Philippine Corrections System
1. Overcrowding of Certain Prison Institutions/Jails
2. Fragmented Set-Up of the Corrections System
3. Lack of Information Technology Systems and Expertise
4. Lack of/Inadequate Training - lack of awareness and understanding by some prison/jail officials and staff on the rights of inmates.

Petitions for parole shall be addressed to the Chairman or to the Executive Director of the Board. However, the Board may, motu proprio, consider cases for parole, commutation of sentence or conditional pardon of deserving prisoners whenever the interest of justice will be served thereby.

Minimum Requirements A Prisoner Must Meet Before Petitions for executive clemency may be reviewed.
   
For Commutation of Sentence
1. The prisoner shall have served at least one-third (1/3) of the minimum of his indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty (40) years following the provisions of Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other special laws committed on or after January 1, 1994, and sentenced to one or more Reclusion Perpetua or Life imprisonment.
5. At least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment.

For Conditional Pardon
The prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be reviewed for a conditional pardon.

For Absolute Pardon
After he has served his maximum sentence or granted final release and discharge or court termination of probation. However, the Board may consider a petition for absolute pardon even before the grant of final release and discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the petitioner:
(1) is seeking an appointive/elective public position or reinstatement in the government service;
(2) needs medical treatment abroad which is not available locally;
(3) will take any government examination; or
(4) is emigrating.

Prisoners who escaped or evaded service of a sentence are not eligible for executive clemency for one (1) year from the date of their last recommitment to prison or conviction for evasion of service of sentence.

Bureau of Correction - Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal institutions of the BuCor.

Carpeta - refers to the institutional record of an inmate which consists of his mittimus or commitment order issued by the Court after conviction, the prosecutor's information, and the decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of detention and other pertinent documents of the case.

District Jail - is a cluster of small jails, each having a monthly average population of ten or fewer inmates, and is located in the vicinity of the court.

Jail - is defined as a place of confinement for inmates under investigation, undergoing trial, or serving short-term sentences.
- Jails include provincial, district, city, and municipal jails managed and supervised by the Provincial Government and the Bureau of Jail Management and Penology (BJMP) respectively, which are both under the Department of the Interior and Local Government.

Municipal and city prisoners are committed to municipal, city, or district jails managed by the BJMP.

Prison -  refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.
- prison refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.

 Provincial Jail - Where the imposable penalty for the crime committed is more than six months and the same was committed within the municipality, the offender must serve his or her sentence in the provincial jail which is under the Office of the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions, and Commutation of Sentence as may be granted by the President of the Philippines.

Indeterminate Sentence Law

The indeterminate sentence is composed of:
1. a MAXIMUM taken from the penalty imposable under the penal code
2. a MINIMUM taken from the penalty next lower to that fixed in the code.

The law does not apply to certain offenders:
1. Persons convicted of an offense are punished with the death penalty or life imprisonment.
2. Those convicted of treason, conspiracy, or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition, or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the Chief Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final judgment.
10. Those sentenced to the penalty of destierro or suspension.

Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness

- It is necessary to consider the criminal first as an individual, and second as a member of the society.

- The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon his behavior and his physical, mental, and moral record as a prisoner, to be determined by the Board of Indeterminate Sentence.

The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion temporal or less.

ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year.

Procedure For Determining The Maximum and Minimum Sentence

- It consists of a maximum and a minimum instead of a single fixed penalty.

- Prisoner must serve the minimum before he is eligible for parole.

- The period between the minimum and maximum is indeterminate in the sense that the prisoner may be exempted from serving said indeterminate period in whole or in part.

- The maximum is determined in any case punishable under the RPC under the rules and provisions of said code exactly as if the ISL had never been enacted.

- Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and ordinary mitigating circumstances.

- The minimum depends upon the court’s discretion with the limitation that it must be within the range of the penalty next lower in degree to that prescribed by the Code for the offense committed.

- NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL because his confinement is not considered imprisonment.

Parole – The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended.
- May be given after the prisoner has served the minimum penalty granted by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law.

Disqualification for Parole - The following prisoners shall not be granted parole:
1. Those convicted of an offense punished with the Death penalty, Reclusion Perpetua, or Life imprisonment;
2. Those convicted of treason, conspiracy, or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition, or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and falsification, are found guilty of any of said crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.

Special Factors - The Board may give special consideration to the recommendation for commutation of sentence or conditional pardon whenever any of the following circumstances are present
1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf-mute, a leper, a cripple, or is blind or similar disabilities;
4. Serious illness and other life-threatening diseases as certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.

Presidential Decree No. 968 (PD 968) - or the "Probation Law of 1976", as amended.

Prison Record - refers to information concerning an inmate's personal circumstances, the offense he committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he commenced serving his sentence, the date he was received for confinement, the place of confinement, the date of expiration of the sentence, the number of previous convictions if any, and his behavior or conduct while in prison.

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

Progress Report - refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision.

Infraction Report -  refers to the report submitted by the Probation and Parole Officer on violations committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.

Summary Report - refers to the final report submitted by the Probation and Parole Officer on his supervision of a parolee/pardonee as the basis for the latter's final release and discharge.

History of Probation 
  • PROBATION derived from the latin word “probare” To test or to prove “probatio” Testing period
  • Originated in England (Recognizance, Judicial Reprieve, Transportation, Benefit of the Clergy)
  • Edward N. Savage - 1st Probation Officer in the world. (USA)
  • Massachusetts - 1st probation law was enacted
  • John Augustus - Father of Probation  
  • Mathew Davenport Hill - Father of Probation in England.

FORERUNNERS OF PROBATION:
  • BENEFITS OF CLERGY - dating back to the reign of HENRY III in the 13th century. Church people are exempted from governmental punishment but are prosecuted by the laws of the church.
  • JUDICIAL REPRIEVE - is a device of modifying the severity of the law, by temporary suspension of the sentence.
  • RECOGNIZANCE - this is an OLDER method of suspending or deferring judgment.
  • BANISHMENT/TRANSPORTATION - this is a form of punishment that is done by indenturing the convicts to penal colonies where they serve as slaves until they complete their service of sentence.

FOUNDERS OF PROBATION:

JOHN AUGUSTUS (Boston, Massachusetts)
  • Father of Probation in America
  • Coined the word Probation
  • Born in Woburn, Massachusetts in 1785
  • Owner of a successful boot-making business (Shoemaker)
  • 1829, he was a permanent resident of Boston
  • 1841, he attended police court to bail out a “common drunkard”
  • Began an 18-year career as a volunteer probation officer
  • 1843, he broadened his efforts to children when he took responsibility who had been accused of stealing.
  • 1858, he had provided bail for 1,946 men & women, young & old.
  • Reportedly, only 10 of this number forfeited.
  • Died on June 21, 1859

MATTHEW DAVENPORT HILL (Birmingham, England)
  • Father of Probation in England
  • English/British Lawyer & Penologist
  • In 18th Century English barrister & Judge
  • Reforms in the treatment of criminals were enacted into law in England
  • As a young professional in England, Hill had witnessed the sentencing of youthful offenders.
  • Eventually became the Recorder of Birmingham
  • If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians.
  • Hill had police officers pay periodic visits to these guardians to track the offender’s progress

TEODULO C. NATIVIDAD (Bulacan, Philippines)
  • Father of Probation in the Philippines
  • Co-sponsored House Bill No. 393 entitled “An Act Establishing Probation in the Philippines: Providing Probation Officers Therefore & for Other Purposes.”
  • The first  Administrator of the PPA
  • Drafted the PD 968
  • NAPOLCOM Commissioner
  • Congressman, Bulacan
  • First Filipino Vice President of the United Nations Congress, Geneva Switzerland

HISTORICAL BACKGROUND OF PROBATION IN THE UNITED STATES
  • At about 1870, FATHER COOK, also a Boston, became interested in youth who were tried before in courts and whose cases were due to circumstances rather than character.
  • The first probation law was passed by the Legislature of Massachusetts & signed into law by GOVERNOR ALEXANDER B. RICE  on April 26,1878.
  • EDWARD H. SAVAGE, an EX-CHIEF of POLICE of BOSTON, was named probation officer, thus becoming the first probation officer employed by the government or the first paid probation officer.
  • The Federal Probation Act of 1925 became law on March 04, 1925. It was signed into law by PRESIDENT CALVIN COOLIDGE.
  • HUBER LAW (1931)    a UNITED States LAW in Wisconsin permitting prisoners not so dangerous to society to be gainfully employed during the day while residing in jail.
  • FLASH SHEET    – The Probation Officer shall notify all police agencies by sending a note that the Probationer is under his supervision.
  • SURSIS (1888-1891) - a unique probation method was introduced in France & Belgium which provided probation with no supervision on the condition that no further offense would be committed within a prescribed period.
  • FATHER COOK - 1870, Bostonian. He continued the work of Augustus.
  • GOV. ALEXANDER B. RICE - he signed into the law the first probation law, that was passed by the Legislature of Massachusetts on April 26, 1878.
  • GARDINER TUFTS - Director of Massachusetts Boston of State Charities.
  • EDWARD H. SAVAGE - appointed as the first government probation officer. He was the former Chief of Police of Boston City.
  • VERMONT ACT OF 1898 - was the second state-enacted probation law. The offender or the probationer was the one who paid the trial cost.
  • SEN. ROYAL S. COPELAND OF NEW YORK - he introduced the Second Federal Probation Bill on Dec. 12, 1923, sponsored by REP. GEORGE S. GRAHAM which was later on approved by the two separate chambers.
  • FEDERAL PROBATION ACT OF 1925 - signed by President CALVIN COOLIDGE on March 4, 1925

BRIEF HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES
  • was first introduced in the Philippines during the American colonial period (1898-1945) with the enactment of Act 4221 on August 7, 1935, by the Philippine Legislature. -Commonwealth Act No. 4421, popularly known as the Philippine Probation Act approved on August 7, 1935.
  • This Law created a Probation Office under the Department of Justice.
  • On Nov. 16, 1937, after two years of existence, the SC of the Philippines declared the Probation Law unconstitutional because of some defects in the law’s procedural framework.
  • P.P. vs. Vera – The first probation law of 1935 became unconstitutional after 2 years.
  • In 1972, House Bill No.393 intended to establish a probation system in the Philippines was filed in Congress.
  • On July 24, 1976, P.D. 968, “Adult Probation Law of 1976”, was signed into law by the President of the Philippines. (Ferdinand Marcos)
  • The probation system started to operate on January 3, 1978.

PROBATION TERMINOLOGIES
  • Amicus Curiae - means a “friend of the court” (A Parole and Probation Administration (PPA) official
  • Probation - 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.
  • Probationer - is a person who is placed under probation.
  • Petitioner - a convicted defendant who files a formal application for probation. 
  • Probation aides - are citizens of good standing in the community who volunteer to assist
  • Probation Office - refers either to the Provincial or City Probation Office directed to conduct investigation or supervision referrals as the case may be.
  • Probation Officer - a public officer who investigates for the Trial Court a referral for probation supervises a probationer or does both.
  • Probation Order - refers to the order of the Trial Court granting probation.
  • Post-sentence Investigation – This is the vehicle used to find out the petitioner’s legal qualifications and his suitability for probation. It is also used in establishing the diagnosis for his favorable response to the community-based and individualized correction program. 
  • Absconding Probationer – a person whose probation is granted but failed to report for supervision within the period ordered by the court of his location is unknown.
  • Absconding Petitioner – a person whose application has been given due course by the court but fails to report to the probation officer that his location cannot be located.

GUIDELINES FOR POST-SENTENCE INVESTIGATION
  • The PSI gathers information on the petitioner’s personality, character, antecedents, environment, and other relevant information, including community resources that shall be utilized in the rehabilitation of the client. The basic tools used in PSI are interviews, record checks, psychological evaluations, and drug tests. All information gathered is written in the PPA Form 3 or Post-Sentence Investigation Report (PSIR) and submitted to the court for disposition.
  • The Post-Sentence Investigation is short of a complete background check of the offender. This is a complete inquiry or investigation into all important aspects of an offender’s life history. This includes:

-Agency Check, Local Agency Check, National Agency Check
-Agency check- previous job(bio data)
-Local agency check- police clearance, barangay etc.
-National agency check- NBI, Birth record, etc. 
-Alien- illegal foreigner 
Birth Records
Citizenship status
Education
Employment
Military Service
Police Service
Credit Records
Foreign Travel
Organizations
Neighbourhood Check
Character Reference
The “family tree” of petitioner

THE FORM OF INVESTIGATION REPORT

The word form as stated means the model of the instrument or legal proceeding, containing the substance and the principal terms, to be used under the law.

The following are the Probation Forms Prescribed by the Probation Administration.
1. Probation Form 1 – a worksheet that serves as a basis for further investigation of the petitioner. (Information)2. Probation Form No. 
2. waiver authorizing the Probation Administration to secure any and all pertinent documents and information. (Ex. Warrant of arrest)
3. Probation Form No. 3 – the Post-Sentence Investigation Report 4. 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. (Affix signature as acknowledgment) Probation Form No. 
5. The Monthly Written Report submitted by the 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. 
6. Probation Form No. 6 – the Periodic Report to be submitted by the Regional Probation Officer to Probation Administration. 
7. Probation Form No. 7 – Request form for Outside Travel of Probationer (Travel, 5 days before the intended travel) 
8. Probation Form No. 8 – the Violation Report of the probationer. (Absconding probationer)9. Probation Form No. 
9. Final report for closing and termination of Probation Case. 
10. Other forms as may be prescribed by the Probation Administration.

CONFIDENTIALITY OF POST-SENTENCE INVESTIGATION INFORMATION
- the investigating Probation and Parole Officer on the case shall inform the applicant of the confidential nature of the information taken during the PSI and the limited scope and extent, whereby said information, may be disclosed only to some statutory designated authorities and entities.

SUBMISSION OF PSI REPORT
After the completion of the PSIR, the Probation Office shall submit such PSIR to the Trial Court.
Not later than 60 days submission of probation officer of PSIR to court
Not later than 15 days after receipt of report the court shall resolve the application for probation.

PURPOSE OF PSIR
It aims to enable the Trial Court to determine whether or not the ends of justice and the best interest of the public primarily, as well as that of the applicant, would be served by the grant or denial of the application.

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 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.

What is 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. (Section 3, PD 968)

PURPOSE OF PROBATION:
  • Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
  • Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and
  • Prevent the commission of offenses (section 2, presidential decree no. 968)

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 system that will promote the reformation of offenders and thereby reduce the incidence of recidivism;
Whereas, the confinement of all offenders in 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;

NATURE & CONCEPT OF PROBATION

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 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 has 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 waiver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

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 needs 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 according 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 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 of 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 of such an application to allow both parties 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 that 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 concerning him that was previously possessed by the court that 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 a hearing. In such a case, the provisions regarding the release on bail of persons charged with a crime shall apply 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 suspended 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, at 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 the 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 officers 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 officers.

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 the said period, he shall also determine the staffing patterns of the regional, provincial, and city probation offices with the end view of achieving maximum efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, and 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 caseloads shall be provided in the rules promulgated according to this Decree.

Volunteer Probation Aide under Republic Act 10707
  • They shall hold office for two (2)-year terms which may be renewed or recalled anytime for a just cause.
  • 10 probationers on the minimum case.
  • 3 probationers on the maximum case.

VOLUNTEER PROBATION AIDE  (one must be)
  • A citizen of good repute and integrity
  • At least 18 years of age
  • Appointed by the probation administration
  • Assist the Probation Officers and Asst. Probation Officers  in the investigation and supervision
  • Not entitled to salary but is given reasonable travel allowance

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.

Probation Officer responsibilities include:
Interviewing probationers regularly to evaluate their progress
Developing, recommending, and implementing rehabilitation and treatment plans
Maintaining contact with probationers and their families

Responsibilities:
Initiate court action or recommend remedial action for probation violations
Verify compliance with substance abuse treatment programs by administering drug and alcohol tests
Prepare and maintain case files, records, and progress reports
Inform inmates or offenders of specific conditional release requirements
Arrange court-ordered treatment services and oversee community-based sentences

What are the duties and responsibilities of a Probation Officer?
Probation Officers have many responsibilities, but they typically oversee the development and support of individuals on probation by providing assistance, direction, and information to probationers as needed.

Requirements and skills
Proven work experience as a Probation Officer or similar role
Good critical thinking skills and social perceptiveness
Ability to manage multiple cases
Excellent communication and listening skills
Strong time and stress management skills
A degree in criminology, sociology, or criminal justice is preferred

FAQS ON PROBATION

Who cannot be granted Probation? (PD No. 968 as amended by RA NO. 10707)
1. Those sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Those convicted of any crime against the national security.
3. Those who have been previously convicted by final judgment of an offense punished by imprisonment of more than 6 months and 1 day and/or a fine of more than 1 day and/or a fine of more than one thousand pesos.
4. Those who have once probation.
5. Those who already serving sentence at the time the substantive provisions of this Decree became applicable according to Section 33 of hereof

Legally Disqualified under Special Penal Laws:
1. Offenders found guilty of any election offense (Omnibus Election Code);
2. Offenders found guilty of violating RA No. 6727 (Wage Rationalization Act as amended);
3. Offenders found guilty of violating RA No. 9165, The Comprehensive Dangerous Drugs Act of 2002, except Sections 12, 14, 17, and 70.

Will probation be automatically granted to one whose sentence is six (6) years or less?
No, the applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/she is sent to prison to serve his sentence
2. There is undue risk that the offender will likely commit another crime
3. Probation will depreciate the seriousness of the offense committed

Where an application for probation shall be filed?
Filed with the court that tried and sentenced the offender

When should an application for probation be filed?
Any time before the offender starts serving his sentence but within fifteen (15) days from the promulgation or notice of the judgment of conviction. However, under section 42 of RA No. 9344, the Juvenile Justice and Welfare Act of 2006, the court may, after it shall have sentenced a Child in Conflict with the Law and upon application at any time place the child on probation in place of service of his sentence.


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 Representatives of the Philippines in Congress 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 has convicted and sentenced a defendant for a probational penalty and upon application by the 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 the 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.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 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 (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 according to Section 33 hereof.”

SECTION 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.”

SECTION 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, concerning probationers under their care, the powers of a police officer. They shall be considered as persons in authority.”

SECTION 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.”

SECTION 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)-two-year term which may be renewed or recalled anytime for a just cause. Their functions, qualifications, continuance in office, and maximum caseloads 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. To strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall encourage and support the former to organize themselves at the national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.”

SECTION 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 and effect.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: NOV 26 2015
(Sgd.) BENIGNO S. AQUINO, III
President of the Philippines

R.A. No. 10707 - or the act amending the Probation Law.

Sentence - in law, is the penalty imposed by the court in a criminal case against a person, known as the “accused”, who is found guilty of committing the crime charged.

Youth Offender - is defined as a child, minor, or youth who is over nine years but under eighteen years of age at the time of the commission of the offense.


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