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BACKGROUND OF STUDY 3. PROBATION

CJS – the crime prevention mechanism

P – POLICE/LAW ENFORCEMENT PROBATION
P – PROSECUTION
C – COURT WHAT IS PROBATION?
C – CORRECTION
C - COMMUNITY - By probation, a person convicted of a criminal
offense is not sent to prison by the sentencing
Correction as a process court. Instead, he/she is released and placed
1. Institutional under the supervision of a probation officer
2. Non-institutional subject to the conditions which the court may
impose.
BOARD QUESTIONS
Probation, in other words: is a disposition under
Which of the pillars of Philippine Criminal which an accused, after conviction and
Justice is the __ sentence, is released subject to conditions
1. “Prime mover”? imposed by the court and to the supervision of a
2. “Investigator/state representative? probation officer.
3. “Center pillar”?
4. “Reformer”? Probation, also: is a privilege granted by the
5. “Base pillar”? court; it cannot be availed of as a matter of
6. The superstar in the CJS? right by a person convicted of a crime.
7. The forgotten person in the CJS? To be able to enjoy the benefits of probation, it
must first be shown that an applicant has no
What does the __ symbolizes in the context of the disqualifications imposed by law.
criminal justice system?
1. The lady justice – divine rightness of law IS PROBATION A MATTER OF RIGHT?
2. The balance – truth and fairness
3. The sword – power of reason No, it is a mere privilege for adult offenders.
4. The blindfold – objectivity - IMPARTIALITY! However, under R.A. 9344 or Juvenile Justice
and Welfare Act of 2006, a Child In Conflict with
What do you call the judge hammer? the Law (CICL) is granted the right to probation
- Mallet or Gavel as an alternative to imprisonment if qualified
under the Probation Law.
BASIC CONCEPTS
Probation was an OLD PRACTICE. It was the influence of
1. Correction vs. Penology the following:
2. Positivist vs. Classical Thoughts
3. Correction – Positivist influence BENEFIT OF THE CLERGY
4. Penology – Classical influence In the 13th Century, a compromise between the
church and the king, wherein any member of
What are the two kinds of the clergy brought to trial in the king’s court
CORRECTION APPROACHES in the Philippines? shall be claimed from the jurisdiction by the
bishop or chaplain representing him and placed
1. Institutional Correction – Rehabilitation of under the authority of the ecclesiastical court.
offenders in Jail or Prison.
2. Community-Based Correction – correctional JUDICIAL REPRIEVE
activities that takes place in the community that 17th century – the practice of temporary
directly addressed to the offender and aimed at suspension of the execution of sentence by the
helping him to become a law abiding citizen. judge either before or after judgment.
Early in the 17th C – with the establishment of
COMMUNTY-BASED CORRECTIONS settlements in America, English courts began to
grant reprieves to prisoners under sentence of
1. PROBATION – (PD 968 of 1976) death on condition that they accept
2. PARDON AND PAROLE - (Act No. 4103 known as deportation.
the Indeterminate Sentence Law of 1933)
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RECOGNIZANCE “binding over good behavior” Was filed by Teudolo C. Natividad and Ramon
The direct ancestor of probation - involves the Bagatsing. This was the second Bill that
obligation or promise under oath that the attempts to establish an adult probation in the
accused must “keep the peace” or “be of good Philippines after its forerunner Act No. 4221 of
behavior” Sureties or bail were usually required 1935 was declared unconstitutional.
usually applied to any felony not capital this led
to the development of the first On July 24, 1976, Presidential Decree No. 968,
British Probation Service. also known as Adult Probation Law of 1976, was
signed into Law by then President Marcos.
TRANSPORTATION
Sending or putting away of an offender to Features of PD 968
another colony. It was an attempt to substitute
for brutal punishment at home and an Application for Probation
opportunity for rehabilitation in a new country.
The application for probation shall be filed by a
DEVELOPMENT OF MODERN PROBATION sentenced or convicted offender whose
sentence is not more than 6 years
Matthew Davenport Hill (1792 – 1872) imprisonment. It shall be filed with the court
English lawyer and penologist; known as Father that tried and sentenced the offender.
of probation in England
Will probation be automatically granted to
John Augustus (1785-1859) one whose sentence is six (6) years or less?
Founder of American Probation – Boston,
Massachusetts (a shoemaker) – his effort led to No, the applicant may be denied by the court if
the 1st probation legislation in the United the offender would be better rehabilitated if
States in 1878 – true Father of Probation. he/she is sent to prison to serve his/her
Hence, the true origin of modern probation was sentence. If there is undue risk that the
the US. offender will likely commit another crime;
John Augustus influence 1887 - a law passed Probation will depreciate the seriousness of the
providing for the appointment of probation offense committed.
officer for the city of Boston.
An ex-chief of police of Boston, Edward N. Will probation be automatically granted to
Savage was named probation officer, thus one whose sentence is six (6) years or less?
becoming the first probation officer employed
by the government. Under Sec. 70 of R.A. 9165, the Comprehensive
Dangerous Drugs Act of 2002 - The first-time
PROBATION in the PHILIPPINES minor offender who upon promulgation of the
sentence, the court may, in its discretion,
August 7, 1935 – Public Act No. 4221 – was placed the accused under probation, even if the
passed to and became known as the sentence provided under Sec. 11 of the Act is
higher than that provided under Probation Law.
Probation Act.
However, it was abolished after two years as it Is there a need to apply for probation to avail of
was declared unconstitutional by the Supreme its benefits?
Court in the case of People v. Vera, 37 O.G. 164.
(As a case of Class legislation) In 1972, House Yes, it will not be granted except upon the
Bill No. 393 was filed in Congress, which would application by the accused. “The trial court may,
establish a probation system in the Philippines. after it shall have convicted and sentenced a
This bill avoided the objectionable features of defendant and upon application by said
Act 4221 that struck down the 1935 law as defendant within the period of perfecting an
unconstitutional. The bill was passed by the appeal” – Sec 4
House of Representatives, but was pending in
the Senate when Martial Law was declared and When can a petitioner file his application for
Congress was abolished. probation?

House Bill No. 393 The law says that the application should be
made within the period for perfecting an appeal
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or within 15 days from the promulgation of What are the effects of filing an application for
notice of judgment. Probation?
However, under Section 42 of R.A. 9344, the 1. The court may, upon receipt of the
Juvenile Justice and Welfare Act of 2006 – The application suspend the execution of
court may, after it shall have sentenced a Child sentence imposed in the judgment;
in Conflict with the Law and upon application at 2. Pending the submission of the PSIR and
anytime placed the child on probation in lieu of the resolution on the application, the
service of his sentence. applicant may be allowed on temporary
liberty under his bail, on a new bail, or
released on recognizance.

How many times can one be granted probation?

Is there a form prescribed for the application
for probation? ONLY ONCE!!

Yes, it shall be in the form approved be the What are the Disqualifications for Probation
Secretary of justice as recommended by the application?
Administrator or as may be prescribed by the
Supreme Court. 1. Those who were sentenced to more
than 6 years
Where can we file the application for 2. Those who were convicted of crimes
probation? against the security of the state (Art.
134 to 157 except 135, 140 and 152 of
The application for probation be filed directly to the RPC)
the trial court that heard and sentenced the 3. Those previously convicted and
person applying for probation. punished of not less than 1 month and
1 day imprisonment and/or fine of not
What then be the duty of the court after receipt less than 200 pesos (include those
of the application? punished with destierro)
4. Those that were previously granted
The trial court may notify the concerned probation under P.D. 968
prosecuting officer of the application at a 5. Those who were already serving their
reasonable time before the scheduled hearing sentence when probation became
thereof. applicable.

What are the procedures in applying for The Court will not grant Probation if it finds:
Probation?
1. The offender can be treated better in a
1. The offender or his counsel files a mental institution or other places for
petition with the convicting court correction
2. The court determines convict 2. The offender is a risk to the community
qualifications and notifies the 3. The offense is grievous to the eyes of
prosecutor of the filing of the petition the community
3. The prosecutor submits his comments
on such application within 10 days from When Probation is granted, what conditions are
receipt of the notification imposed by the court?
4. If petitioner is qualified, his application 1. The probationer must present himself
is referred to the probation officer for to his probation officer within 72 hours
post-sentence investigation 2. Report to his probation officer at least
5. The post-sentence investigation report once a month
6. (PSIR) is submitted by the probation 3. Not to commit another crime
officer to the court within 60 days 4. Comply with any other lawful
7. The court grants or denies the petition conditions imposed by the court.
for probation within 15 days upon
receipt of the PSIR. If the probationer committed a crime while
under probation, what would be the
consequences?
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1. The probationer will be arrested for What are the Rules on Change of Residence?
violation of the condition of probation
2. Prosecution of the new crime The probationer must file a request for
committed change of residence at the city or
3. The court will order the serving of the provincial Parole and Probation officer
original sentence of the previous to the court approval.
offense If approved, the RTC which has
jurisdiction over the place shall have full
How long is the period of probation? control of the probationer.

1. Not more than 2 years if the sentence is Who is a volunteer Probation Aide?
imprisonment for 1 year or less
2. Not more than 6 years if the sentence is He/she is a civilian of good repute and
imprisonment for more than 1 year but integrity, at least 18 years of age,
not more than 6 years. appointed by the Probation
Administration to assists the POs in the
investigation and supervision. A VPA is
Note: Probation starts upon issuance of the not entitled to salary but is given a
court granting probation. reasonable travel allowance.

Can the offender be released pending When is Probation terminated?

application for probation?
After the probationer has satisfactorily
1. On the same bond he filed during trial completed the probation period, the
2. On a new bond Probation Officer shall submit termination
3. To the custody of a responsible report to the court containing the ff:
member of the community if unable to 1. condition of probation
file bond (recognizance) 2. program of supervision /response
to treatment
When can the Court Modify the Conditions for 3. recommendation
Probation?
What are the ways of terminating probation?
At any time during supervision after
summary hearing when the probationer 1. After period of probation with
violated any of its conditions upon satisfactory compliance with conditions
application by the probation officer or of probation.
the probationer himself 2. Other ways of terminating probation
a. Termination before the
Note: only the judge who heard and expiration of the period (served
decided the case has the power to at least 1/3 of the imposed
grant, deny, modify, revoke and period but not less than 6
terminate probation. months)
b. Termination by pardon of the
What are the Rules on Outside Travels? probationer
c. Deportation of the probationer
Probation officer authorized the - when an alien on probation is
probationer to travel outside the area deported, probation will
of the operation for a period of 10 days necessary be terminated.
but not exceeding 30 days. If 30 days, d. Death of probationer.
Probation must file 5 days before travel
a request to travel outside for the What are the rights restored after termination
approval of Probation authorities. If of Probation?
more than 30 days, probation
authorities shall recommend for Court 1. All civil rights suspended when the
approval. offended was convicted and sentenced

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are restored after the termination of powers of a police officer. They shall be
probation considered as persons in authority.”
2. Liability to pay a fine is also discharged
in case of subsidiary imprisonment. THE PAROLE SYSTEM

How Can Probation help in the HISTORICAL ACCOUNTS

Prevention of Crime?
The first parole law was passed in
When in the community, he is helped Massachusetts in 1837. At about same time,
and given opportunities to be Alexander Maconochie introduced a system
productive and responsible instead of whereby a prisoner was given a “ ticket of leave
going to prison hopefully, these “ ( the equivalent of parole ) after earning a
situations restrain the probationer from certain required number of marks – known as
committing crime. the MARK SYSTEM.
From this, Maconochie gained the fame as
How can Community help in the Success of FATHER of PAROLE!
Probation? Parole was also a feature of the Irish Prison
system which was established in 1856 based on
1. Community accepting the probationers, an indeterminate sentence & the mark system.
giving them a feeling of belongingness The Elmira Reformatory, likewise, had a limited
2. Community agencies and schools are form of indeterminate sentence and a method
being open for the training and of marks similar to the Irish system, and parole
treatment of probationers based on marks.
3. Community leaders and layman
allowing the participation of Parole System in the Philippines
probationers in developmental
programs LEGAL BASIS
4. Religious organizations giving the
probationers spiritual advice and Act No. 4103, as amended, otherwise known as
extending their social action programs the "Indeterminate Sentence Law” which was
to probationers approved on December 5, 1933. This law
5. Various organizations providing created the Board of Pardons and Parole!
temporary housing for probationers
6. The community playing an equally WHAT IS PAROLE?
important role after the termination of
probation, it should be ready for the It is the release of a prisoner from prison after
reintegration of the individual into serving the minimum period of his
community life indeterminate sentence.

What is the difference between determinate sentence

REPUBLIC ACT NO. 10707 with an indeterminate sentence?
-Amended PD 968 (2015)
- Notable Provisions: Under determinate sentencing, the criminal
1. If the defendant appeals a non-probationable must serve the entire sentence. The date of
penalty to the next higher court and the penalty release remains objective.
was modified to a probationable penalty, the Under indeterminate sentences, a criminal will
defendant CAN NOW apply for probation. serve a range of years as determined by the
2. Volunteer Probation Aides (VPAs) are NOW judge. The minimum time period is usually set
called Volunteer Probation Assistants with a and after the minimum sentence passes, the
two (2)-year term. case will go before a parole board which sets
3. Regional, Provincial or City Probation Officers the actual date of release.
shall have the authority within their territorial
jurisdiction to administer oaths and WHO CANNOT BE GRANTED PAROLE?
acknowledgments and to take depositions in
connection with their duties and functions Generally, those sentenced to a term of
under this Decree. They shall also have, with imprisonment of one (1) year or less, or to a
respect to probationers under their care, the
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straight penalty, or to a prison sentence 8. Those whose maximum term of imprisonment
without a minimum term of imprisonment. does not exceed one (1) yr or those with
definite sentence;
WHEN MAY A PRISONER BE GRANTED PAROLE? 9. Those suffering from any mental disorder as
certified by a government
Whenever the BPP finds that there is a psychiatrist/psychologist;
reasonable probability that, if released, the 10. Those whose conviction is on appeal;
prisoner will be law-abiding and that his release 11. Those who have pending criminal case/s.
will not be incompatible with the interest and
welfare of society and when a prisoner has What is the Difference of Probation
already served the minimum penalty of his/her from Imprisonment and Parole?
indeterminate sentence of imprisonment.
1. Probation is an alternative to imprisonment.
WHO MAY GRANT PAROLE TO A PRISONER? Instead of being confined in prison, the
probationer is released to the community by
The Board of Pardons and Parole, an agency the court with conditions to follow and is placed
under the Department of Justice. under the supervision of PO.
2. Parole is a conditional release of a prisoner
WHO MAY BE QUALIFIED FOR PAROLE? whereby he is placed under the Supervision of a
Parole Officer after serving his minimum
A prisoner shall be eligible for the grant of parole sentence.
upon showing that – 3. Probation is a community-based approach to
1. He is confined in a jail or prison to serve an reformation of offenders, while imprisonment
indeterminate prison sentence, the adopts the institutionalized approach.
maximum period of which exceeds one 4. Probation is judicial function while Parole is an
year, pursuant to a final judgment of administrative function.
conviction 5. Probation is handled by the Probation
2. He has served the minimum period of said Administration while parole is administered by
sentence less the Good Conduct Time the Parole Board Probation is enjoyed only once
Allowances (GCTA) earned. while Parole may be granted more than once,
3. There is a reasonable probability that if depending on good behavior during
released, he will be law-abiding imprisonment.
4. His release will not be incompatible with 6. Probation is more beneficent because it
the interests and welfare of society. restores full civil rights to the probationer upon
termination unlike parole.
What are the disqualifications for the Grant of Parole?
WHAT COMPOSED OF THE BOARDS OF PARDON AND
1. Those convicted of an offense punished with PAROLE?
Death Penalty, Reclusion Perpetua or Life
imprisonment; 1. Chairman - Secretary of the DOJ
2. Those convicted of treason, conspiracy or Ex-Officio - Probation Administrator of the
proposal to commit treason or espionage; Parole and Probation Administration
3. Those convicted of misprision of treason, 2. Members: Sociologist, Clergyman/Educator,
rebellion, sedition or coup d'etat; Psychiatrist, Person qualified for the work by
4. Those convicted of piracy or mutiny on the high training/experience and a member of the
seas or Philippine waters; Philippine BAR.
5. Those who are habitual delinquents i.e. those
who, within a period of ten (10) years from the THE EXECUTIVE CLEMENCIES
date of release from prison or last conviction of
the crimes of serious or less serious physical Pardon
injuries, robbery, theft, estafa and falsification,
are found guilty of any of said crimes a third An act of executive clemency by a head of state
time or oftener; for the purpose of exempting an individual from
6. Those who escaped from confinement or the punishment imposes upon him by a court of
evaded sentence; law.
7. Those who were granted Conditional Pardon It is an act of grace and the recipient is not
and violated any of the terms thereof; entitled to it as a matter of right.
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individually by the Chief Executive, while
Kinds of Pardon amnesty is a blanket pardon granted to a group
of prisoners, generally political prisoners.
Absolute Pardon
It is an absolute pardon when it is As to the Time to Avail - Pardon is exercised
granted by the Chief Executive without when the person is already convicted, while
any conditions attached. Absolute amnesty maybe given before trial or
pardon serves to wipe away the guilt of investigation is done.
a pardonee and makes him innocent as
if he has not committed any crime. As to the Consent of Congress - Pardon is
granted by the Chief Executive and such is
Conditional Pardon private act, which must plead and proved by the
It is conditional when it is granted by person pardoned because the court takes no
the Chief Executive subject to the choice thereof.
conditions imposed on the recipient While amnesty is by proclamation with
and accepted by him. Usually, the concurrence of congress, and it is a public act,
person granted with conditional pardon which the court should take judicial notice.
has served a portion (at least ½ of the
minimum of his indeterminate As to the Effect - Pardon is an act of forgiveness,
sentence) of his sentence in prison. i.e. it relieves the offender from the
consequences of the offense, while amnesty is
Limitations of the Pardoning Power of the President an act of forgetfulness. i.e. it puts into
nothingness the offense of which one is charged
1. It may not be exercised for offenses in so that the person as if he had never committed
impeachment cases; the offense.
2. It may be exercised only after conviction by final
judgment; As to the Crime committed - Pardon is granted
3. It may not be exercised over civil contempt (As for infractions of the peace of the State while
for refusing to answer a proper question as a amnesty, for crimes against sovereignty of the
witness in a case); state (ex. political offense)
4. In case of violation of election law or rules and
regulations, no pardon, parole, or suspension of COMMUTATION OF SENTENCE
sentence maybe granted;
5. It cannot be exercised to violation of tax laws. WHAT IS COMMUTATION OF SENTENCE?

OTHER FORMS OF EXECUTIVE CLEMENCY It is a change of the decision of the court made
by the Chief Executive by reducing the degree
Amnesty of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of
Is a general pardon extended to a group of the original sentence.
persons generally exercised by the Chief
Executive with the concurrence of congress. What specific cases commutation maybe granted?
It is an act of sovereign power granting oblivion
or general pardon for past offense and rarely, if 1. When the convict sentenced to death is over 70
ever, exercised in favor of single individual is years of age;
usually exerted in behalf of certain classes of 2. When justices of the Supreme Court failed to
person who are subjected to trial but not have reach a decision for the affirmation of the death
been convicted. penalty; in other cases, the degree of the
penalty is reduced from Death to Reclusion
Note: Amnesty can be availed of before, during Perpetua.
and after the trial of the case, even after
conviction. In Commutation of Sentence, consent of the
offender is not necessary. The public welfare, not
Differences between Amnesty and Pardon his consent, determines what shall be done.

As to the number of those who can avail - WHAT IS REPRIEVE?

Pardon includes any crime and is exercised
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REPRIEVE is the temporary stay of the execution Parole – refer to the conditional release of an offender
of sentence (applicable only to death sentence). from a penal institution after he has served the
minimum period of his prison sentence.

WHAT IS GCTA? Parolee - refer to a person who is released on parole

It is a privilege granted to a prisoner that shall Pardonee – refer to a person who is released on
entitle him to a deduction of his term of conditional pardon.
imprisonment. Under Art.97, RPC. Special Time
Allowance for Loyalty (Art. 158, RPC) A
deduction of 1/5 of the period of the sentence Client – refer to a pardonee/parolee who is place on
of any prisoner who evaded the service of supervision
sentence on the occasion of disorders due to
conflagrations, earthquakes, or other calamities
shall be granted if he returns to authorities
within 48 hours after the president declared
that the calamity is over.

Once granted shall not be revoked!!

OTHER VIPs TO REMEMBER

PD1257 – participation of the prosecutor in the

determination of the application for probation.

P.D. 76 – the period of punishment which is

probationable is extended from 6 years and 1 day.

P.D. 1990 – the period of punishment which is

probationable is lowered again from 6 years and 1 day
to 6 years or less

E.0.292 - renamed the Probation Administration into

Parole & Probation Administration

Probationer – a person placed on probation

Absconding probationer – a person whose probation

was granted but failed to report for supervision or fails
to continue reporting for supervision or whose
whereabouts are unknown for a reasonable period of
time.

Probation officer – one who investigates for the court a

referral for probation or one who supervises a
probationer or both.

Petitioner – an accused or defendant who files a formal

petition for probation

Absconding petitioner – a convicted defendant whose

application for probation has been given due course by
the court but fails to report to the probation office or
cannot be located within a reasonable period of time.