Non-Institutional Correction stay in the community to serve • The offender is punished and

their sentence subject to held accountable

Correction – A branch of the
condition imposed law.
Criminal Justice system • Public safety is protected.
concerned with the custody, Non-Institutional Correction – it
• Victims and local communities
supervision and rehabilitation of refers to a community-based
receive restitution from felons
criminal offenders. It came from program, where a person is
who work in their present jobs
the root word “correct” which subjected to the following
and or in restitution programs.
means “to right a wrong”. privileges such as Probation,
Parole and Executive • Community service work
Correctional Administration –
Clemencies increases
the study and practice of a
system management of jails or Purpose of Non-Institutional • Collection of court costs and
prisons and other institution Correction fees increases due to
concerned with the custody, contractual agreements with
• to alleviate overcrowding in
treatment and rehabilitation of offenders who remain in their
prison
offenders present jobs
• one of the major goals of the
Penology – is the study of
government is to establish a
punishment of crime or of
more enlightened and humane Probation Subok-laya
criminal offenders. It includes
correctional systems that will
the study of control and
promote the reformation of • Derived from the Latin word
prevention of crime through
offenders and thereby reduce “Probare” which means “to
punishment of criminal
the incidence of recidivism; prove”
offenders. The term was derived
from the Latin word “poena” • the confinement of all • Probation can be defined as a
which means “pain or offenders prisons and other sentence imposed by the courts
suffering”. It is otherwise known institutions with rehabilitation on offenders who have pleaded
as Penal Science programs constitutes an guilty or have been found guilty.
onerous drain on the financial
Penal Management – refers to • Somehow similar to US’
resources of the country; and
the manner or practice of concept of “shock probation
managing or controlling places • There is a need to provide a /imprisonment” and “split
of confinement as jails or less costly alternative to the sentencing”
prisons imprisonment of offenders who
• In the Philippines, Probation
are likely to respond to
Non-Institutional Correction – implies a contract between the
individualized, community-
take charge of correcting court and the offender in which
based treatment programs.
offender through community- the former promises to hold a
based program such as • Make the offenders prison term in abeyance while
probation, suspended sentence productive or taxpayers instead the latter promises to adhere to
for first time minor offenders, of tax eaters. a set of rules or conditions
Parole and Conditional Pardon. required by the court

Non Institutional Correction

(Community-based Correction) - Goals of Community Correction
Refers to the community based Programs History of Probation
treatment where individual will • Probation developed out of
Community correction programs
be rehabilitated within the various practices used under
are integrated sanctioning
community. A system which English common law.
strategies that seek to achieve
allows convicted offenders to
the following goals:
• Benefit of Clergy, seems to be • If offenders demonstrated a committed by force of
the earliest device for softening promise of rehabilitation, they circumstance and not due to
brutal severity of punishment. It were placed in the hands of criminal nature of the accused.
allowed certain accused generous guardians who
• After finding that the offender
individuals to appeal to the willingly took charge of them.
is not a hard-core felon and can
court for leniency in sentencing Hill had police officers pay
still be reformed, Father Cook
by reading from the Bible. periodic visits to these
presented himself before the
guardians in an effort to track
• Another practice was Juridical court as adviser to the offender.
the offender’s progress and
Reprieve, whereby a convicted Realizing the value of his work,
keep a running account.
offender could ask the judge to the courts usually consented to
suspend the sentence on the placing convicted youths under
condition that the offender his charge to be reformed
John Augustus (1785-1859)
displays future good behavior. It
is a temporary withholding of Father of Probation
sentence practiced by the • The first Probation Law was
English Court in early 17th • A Boston shoemaker, and
passed by the Legislature of
century, where they grant recognized as the first true
Massachusetts and signed into
reprieves to prisoners under Probation Officer.
law by Governor Alexander B.
sentence of death on the Rice on April 26, 1878
• Born on Woburn,
condition that they accept (appointment of paid Probation
Massachusetts in 1785
deportation or transportation Officer)
• Starting in the early 1840’s,
Augustus volunteered to stand • In 1880, the right to appoint
bail and assume custody for probation officers was extended
Two names are closely
selected, less serious offenders to all cities and towns in
associated with the founding of
in exchange for the judge’s Massachusetts.
Probation: Matthew Davenport
Hill, an 18th century English deferring the sentence.
• In 1887, the city of Boston
barrister and Judge; and John appointed the first government
• He is responsible for
Augustus, a 19th century Probation Officer in the name of
monitoring offender’s activities
Boston boot-maker Edward H. Savage, the former
and later reporting to the judge
on their performance in the Chief of Police of Boston City
community. If the judge was
• Vermont Act of 1898 was the
Matthew Davenport Hill satisfied with the community
second state-enacted Probation
performance, charges were
• A young professional in Law. Unlike in Massachusetts,
dropped; if not, sentencing
England here the offender or
proceeded.
probationer was the one who
• Had witnessed the sentencing
Augustus received no pay for his pays the trial cost
of youthful offenders to one-day
18 years of court work. He used
terms, on the condition that • The first Federal Probation Bill
his own money and voluntary
they are returned to a was introduced by the Lower
contributions from others to
parent/guardian who would and Upper Chamber of US
finance his efforts
closely supervise them. Congress sponsored by
• In 1870, Father Cook, another Representative Mc.Call of
• When he became the
Bostonian, continued the work Massachusetts and Senator
Recorder of Birmingham, he
of Augustus by identifying Robert T. Owen of Oklahoma.
used a similar practice for
offenders being tried in the However, these two legislative
individuals who did not seem
courts and whose cases were proposals were both failed.
hopelessly corrupt.
• The second Federal Probation of “The People of the Phil and • The probation system started
Bill was introduced by Senator the Hong Kong and Shanghai to operate on January 3, 1978. It
Royal S. Copeland of New York Banking Corporation vs Jose O. was later on amended by PD
on December 12, 1923, Vera and Mariano Cu Unjieng, No. 1257 on December 1, 1977
sponsored by Representative 65 Phil. 56”struck down the Act and later on by PD No. 1990 on
George S. Graham which was due to its unconstitutional October 5, 1985.
later on approved by two grounds such as
• PD No. 968, as amended,
separate chambers.
• Said Act encroaches upon the provides for the rules and
• On March 4, 1925, President pardoning power of the Chief regulations on Probation, which
Calvin Coolidge signed the Executive/President; are currently enforced. The
Federal Probation Act of 1925 Parole and Probation
• It made an undue delegation
into law Administration (PPA), which
of legislative power to the
replaced the Probation
provincial boards; and
Administration, is mandated to
History of Probation in the It contravened the equal administer the provisions of the
Philippines protection of the law clause. Probation Law
Thus “the People vs Vera” case
• English and American pattern • Section 4 of PD 1257 provides
sealed the fate of fledging Act
of Probation have influenced for the period during which an
No. 4221. It doomed the Act to
penal policy and legislation in application for probation may
be the first and last probation
civil law countries, including the be granted, and that is after trial
law on the Philippines.
Philippines. court shall have convicted and
sentenced a defendant but
• The enactment of the Juvenile before he begins to serve his
Probation Law under the 1932 • Teodulo C. Natividad, sentence.
Revised Penal Code started the considered as the Father of
Probation system in the Probation in the Philippines, • On October 5, 1985, Section 4
Philippines. initiated the drafting of of Probation Law of 1976 was
Probation System. once again amended by PD
• The Philippine Legislature 1990 in which it establishes a
under the American sovereignty • In 1975, the NAPOLCOM much narrower period during
enacted Commonwealth Act No. Interdisciplinary drafted a which an application for
4221, popularly known as the Probation Law. Probation may be filed with the
Philippine Probation Act, which trial court: “after the trial court
• After 18 technical hearings
was approved on August 7, have convicted and sentenced a
over a period of 6 months, the
1935. defendant and within the period
draft decree was presented to a
of perfecting an appeal”. The
• To carry out its provisions, the selected group of 369 jurists,
amendment took effect on
act created a Probation Office in penologists, civic leaders and
January 15, 1986
the Department of Justice. The social and behavioural scientists
office was headed by Chief and practitioners. The group
Probation Officer who was indorsed the establishment of
appointed by the Governor- an Adult Probation System in
General with the consent of the the country.
Senate.
• On July 24, 1976, Presidential
• This Act was short-lived. Two Decree No. 968, also known as
years after its approval, the Adult Probation Law of 1976,
Supreme Court on November was signed into law by Pres.
16, 1937, in the celebrated case Marcos.
• On November 23, 1989 under • It is not a right of the accused, • He is in the best position to
Executive No. 292, the New but rather an act of grace and report all information relative to
Administrative Code of 1987, clemency or immunity the conduct and mental
transferred the function of conferred by the State which condition of the probationer in
supervising Parole and may be granted by the court to his environment, and the
Pardoned offenders from trial a seemingly deserving existing institutional and
courts to the Probation defendant who thereby escapes community resources that he
administration. It also change the extreme rigors of the may avail when necessary
the name of agency to Parole penalty imposed by law for the
• The one who primarily
and Probation Administration offense of which he stands
undertakes the supervision and
convicted.
• Section 42 of RA 9344 further reform of the probationer
modified Section 4 of PD 968 by • Probation affects only the through a personalized,
providing that: criminal aspects of the case. individualized and community-
based rehabilitation program
• “Section 42. Probation as an Where to file, When to file and
for a specific period of time.
Alternative to Imprisonment. – Effect of an Application for
the court may, after it shall have Probation • The Probation officer’s neglect
convicted and sentenced a CICL, to submit his report and
• An application for Probation
and upon application at any recommendation is
shall be filed with the trial court
time, place the child on reprehensible. Without the
within the period for perfecting
Probation in lieu of service of report, the trial court could not
an appeal. In Palo vs Militante
his/her sentence taking into issue the order of final
184 SCRA 395, the Supreme
account the best interest of the discharge of the probationer. In
Court said that an application
child. For this purpose, Section 4 this order of final discharge,
for Probation was never
of PD 968, is hereby amended which would restore the
intended to suspend the period
accordingly”. probationer’s suspended civil
for the perfection of an appeal,
rights. In the absence of the
and the filing of the application
order for final discharge, the
for Probation operate as a
Nature and Concept of probation would still subsist,
waiver of the right to appeal.
Probation unless otherwise revoked for
• The effects of an application cause. (Bala vs Martinez, 181
• Probation is a disposition SCRA 459)
for Probation are:
under which a defendant, after
conviction and sentence, is • The court may suspend the Parole and Probation
released subject to conditions execution of the sentence; and Administration /
imposed by the court and to the Pangasiwaang Parol at
• An order granting or denying Probasyon
supervision of a Probation
probation is not appealable. It is
officer.
an interlocutory order (does not • An agency under DOJ,
• It is actually a suspension of dispose of the case but leaves responsible for providing a less
sentence during the period the something else to be done by costly alternative to
defendant is placed on the court whom it was issued) imprisonment of offenders who
probation upon application to because it is not a final are likely to respond to
the court. judgment individualized community-based
treatment programs.
• It is a mere privilege and its
grants rests solely upon the • Created by virtue of PD 968,
Role of the Probation Officer “The Probation Law of 1976”
discretion of the court.
• It exercise general supervision - Promote the reformation of • Conduct studies on
over all offenders who were criminal offenders and reduce the petitioner’s
released through probation, the incidence of recidivism; and antecedents, mental
parole and pardon. It further and physical
- Provide a cheaper alternative
promotes the correction and conditions, character,
to the institutional confinement
rehabilitation of these socioeconomic status,
of first-time offenders who are
offenders. criminal records, family
likely to respond to
and educational
• It is headed by an individualized community-based
background, and or
Administrator and assisted by treatment programs.
other aspects of his life
Assistant Probation
• Functions
Administrator which are both • Submit to the court a
appointed by the President of - To carry out these post-sentence
Phil goals, the Agency, investigation report,
through its network of which will be the basis
regional and field for granting or denying
• Vision Parole and Probation probation.
offices, performs the
- A model component of the • Conduct a pre-parole
following functions:
Philippine Correctional System and executive
that shall enhance the quality of - To administer the clemency investigation
life of its clients through multi- parole and probation and submission of
disciplinary programs and system. recommendations to
resources, an efficient the Board of Pardons
- To exercise and Parole
organization and highly
supervision over
professional and committed
parolees, pardonees • Supervision: Under
workforce in order to promote
and probationers. its supervision
social justice and development.
mandate, the PPA
- To promote the performs the following
• Mission
correction and functions
- To rehabilitate probationers, rehabilitation of
parolees and pardonees and criminal offenders. • Provide guidelines,
promote their development as rules and regulations
Administration of the on the implementation
integral persons by utilizing
Parole and Probation of the Probation Law,
innovative interventions and
System and on the proper
techniques which respect the
dignity of man and recognize his compliance/observanc
• Investigation: The
divine destiny. e by clients of their
PPA undertakes the
conditions for Parole,
following functions
• Mandate Probation and Pardon;
under its investigation
- The PPA is mandated to mandate: • Monitor compliance
conserve and/or redeem by client with said
• Conduct character
convicted offenders and conditions and report
investigation of
prisoners who are under the the same to proper
petitioners or
probation and parole system. authorities; and
applicants for
• Goals Probation referred for • Undertake
evaluation by the reformation programs
courts. for probationers,
parolees and convicted and Section 6. Form of
pardonees through sentenced a defendant Investigation Report.
community-based and upon application at The investigation
rehabilitation/ any time of said report to be submitted
treatment activities like defendant, suspend by the probation officer
jobplacement referrals, the execution of said under Section 5 hereof
vocational skills sentence and place the shall be in the form
training, literacy defendant on prescribed by the
programs, livelihood probation for such Probation
projects and other period and upon such Administrator and
moral, spiritual, social terms and conditions approved by the
and economic activities as it may deem best Secretary of Justice.
to uplift their lives.
• Probation may be Section 7. Period for
Probation Law of 1976 granted whether the Submission of
(PD 968) As sentence imposes a Investigation Report.
amended by PD 1257, term of imprisonment The probation officer
BP Blg. 76 and PD or a fine only. An shall submit to the
1990 application for court the investigation
probation shall be filed report on a defendant
PRESIDENTIAL DECREE
with the trial court, not later than sixty
No. 968 July 24, 1976
with notice to the days from receipt of
Section 2. Purpose. appellate court if an the order of said court
This Decree shall be appeal has been taken to conduct the
interpreted so as to: from the sentence of investigation. The court
conviction. The filing of shall resolve the
(a) promote the the application shall be petition for probation
correction and deemed a waver of the not later than five days
rehabilitation of an right to appeal, or the after receipt of said
offender by providing automatic withdrawal report.
him with individualized of a pending appeal.
treatment; • Pending submission
• An order granting or of the investigation
(b) provide an denying probation shall report and the
opportunity for the not be appealable. resolution of the
reformation of a petition, the defendant
penitent offender Section 5. Post-
may be allowed on
which might be less sentence Investigation.
temporary liberty
probable if he were to No person shall be
under his bail filed in
serve a prison placed on probation
the criminal case;
sentence; and except upon prior
Provided, That, in case
investigation by the
where no bail was filed
(c) prevent the probation officer and a
or that the defendant
commission of determination by the
is incapable of filing
offenses. court that the ends of
one, the court may
justice and the best
Section 4. Grant of allow the release of the
interest of the public as
Probation. Subject to defendant on
well as that of the
the provisions of this recognizance to the
defendant will be
Decree, the court may, custody of a
served thereby
after it shall have responsible member of
the community who imprisonment of more such time and place as
shall guarantee his than six years; specified by said
appearance whenever officer. The court may
(b) convicted of any
required by the court. also require the
offense against the
probationer to:
Section 8. Criteria for security of the State;
Placing an Offender on (a) cooperate with a
(c) who have previously
Probation. In program of
been convicted by final
determining whether supervision;
judgment of an offense
an offender may be
punished by (b) meet his family
placed on probation,
imprisonment of not responsibilities;
the court shall consider
less than one month
all information relative, (c) devote himself to a
and one day and/or a
to the character, specific employment
fine of not less than
antecedents, and not to change said
Two Hundred Pesos;
environment, mental employment without
and physical condition (d) who have been the prior written
of the offender, and once on probation approval of the
available institutional under the provisions of probation officer;
and community this Decree; and
resources. Probation (d) undergo medical,
shall be denied if the (e) who are already psychological or
court finds that: serving sentence at the psychiatric examination
time the substantive and treatment and
(a) the offender is in provisions of this enter and remain in a
need of correctional Decree became specified institution,
treatment that can be applicable pursuant to when required for that
provided most Section 33 hereof purpose;
effectively by his
commitment to an Section 10. Conditions (e) pursue a prescribed
institution; or of Probation. Every secular study or
probation order issued vocational training;
(b) there is undue risk by the court shall
that during the period (f) attend or reside in a
contain conditions
of probation the facility established for
requiring that the
offender will commit instruction, recreation
probationer shall:
another crime; or or residence of persons
(a) present himself to on probation;
(c) probation will the probation officer
depreciate the (g) refrain from visiting
designated to
seriousness of the houses of ill-repute;
undertake his
offense committed. supervision at such (h) abstain from
place as may be drinking intoxicating
Section 9. Disqualified
specified in the order beverages to excess;
Offenders. The benefits
within seventy-two
of this Decree shall not
hours from receipt of (i) permit to probation
be extended to those:
said order; officer or an authorized
(a) sentenced to serve social worker to visit
b) report to the his home and place or
a maximum term of
probation officer at work;
least once a month at
(j) reside at premises filing such an previously possessed
approved by it and not application so as to by the court which
to change his residence give both parties an granted the probation.
without its prior opportunity to be
Section 14. Period of
written approval; or heard thereon.
Probation.
(k) satisfy any other • The court shall
• (a) The period of
condition related to inform in writing the
probation of a
the rehabilitation of probation officer and
defendant sentenced
the defendant and not the probationer of any
to a term of
unduly restrictive of his change in the period or
imprisonment of not
liberty or incompatible conditions of probation
more than one year
with his freedom of
Section 13. Control shall not exceed two
conscience.
and Supervision of years, and in all other
Section 11. Effectivity Probationer. The cases, said period shall
of Probation Order. A probationer and his not exceed six years.
probation order shall probation program
(b) When the sentence
take effect upon its shall be under the
imposes a fine only and
issuance, at which time control of the court
the offender is made to
the court shall inform who placed him on
serve subsidiary
the offender of the probation subject to
imprisonment in case
consequences thereof actual supervision and
of insolvency, the
and explain that upon visitation by a
period of probation
his failure to comply probation officer.
shall not be less than
with any of the
• Whenever a nor to be more than
conditions prescribed
probationer is twice the total number
in the said order or his
permitted to reside in a of days of subsidiary
commission of another
place under the imprisonment as
offense, he shall serve
jurisdiction of another computed at the rate
the penalty imposed
court, control over him established, in Article
for the offense under
shall be transferred to thirty-nine of the
which he was placed
the Executive Judge of Revised Penal Code, as
on probation.
the Court of First amended.
Section 12. Instance of that place,
Section 15. Arrest of
Modification of and in such a case, a
Probationer;
Condition of copy of the probation
Subsequent
Probation. During the order, the investigation
Disposition. At any
period of probation, report and other
time during probation,
the court may, upon pertinent records shall
the court may issue a
application of either be furnished said
warrant for the arrest
the probationer or the Executive Judge.
of a probationer for
probation officer, Thereafter, the
violation of any of the
revise or modify the Executive Judge to
conditions of
conditions or period of whom jurisdiction over
probation. The
probation. The court the probationer is
probationer, once
shall notify either the transferred shall have
arrested and detained,
probationer or the the power with respect
shall immediately be
probation officer of the to him that was
brought before the thereupon the case is agency engaged in the
court for a hearing, deemed terminated. correction or
which may be informal rehabilitation of
• The final discharge of
and summary, of the offenders may, if
the probationer shall
violation charged. The necessary, obtain
operate to restore to
defendant may be copies of said
him all civil rights lost
admitted to bail documents for its
or suspend as a result
pending such hearing. official use from the
of his conviction and to
In such a case, the proper court or the
fully discharge his
provisions regarding Administration.
liability for any fine
release on bail of
imposed as to the Section 29. Violation of
persons charged with a
offense for which Confidential Nature of
crime shall be
probation was granted. Probation Records. The penalty
applicable to
of imprisonment ranging from
probationers arrested The probationer and
six months and one day to six
under this provision. If the probation officer
years and a fine ranging from
the violation is shall each be furnished
hundred to six thousand pesos
established, the court with a copy of such
shall be imposed upon any
may revoke or order.
person who violates Section 17
continue his probation
Section 17. hereof.
and modify the
conditions thereof. If Confidentiality of
Section 37. Indemnification. –
revoked, the court shall Records. The
(Please see “Guidelines on
order the probationer investigation report
Payment of Civil Liability”,
to serve the sentence and the supervision
Annex “30”, p. 253) Payment for
originally imposed. An history of a
civil liability shall be done using
order revoking the probationer obtained
the following modes: (a)
grant of probation or under this Decree shall
Payment can be given to the
modifying the terms be privileged and shall
Clerk of Court of the Trial Court,
and conditions thereof not be disclosed
who will in return hand over the
shall not be directly or indirectly to
sum to the victim who shall
appealable. anyone other than the
issue a corresponding receipt; a
Probation
copy of which should be given
Section 16. Administration or the
by the probationer to the
Termination of court concerned,
Probation Office in order to
Probation. After the except that the court,
monitor such payment; (b)
period of probation in its discretion, may
Payment may be deposited by
and upon consideration permit the probationer
the probationer to the victim’s
of the report and of his attorney to
account where the bankbook is
recommendation of inspect the
kept at the Probation Office to
the probation officer, aforementioned
be given to the victim for his
the court may order documents or parts
proper disposition; (c) Payment
the final discharge of thereof whenever the
can be effected directly to the
the probationer upon best interest of the
victim and the receipt must be
finding that he has probationer make such
filed in the supervision record of
fulfilled the terms and disclosure desirable or
the probationer kept at the
conditions of his helpful: Provided,
Probation Office.
probation and Further, That, any
government office or
 • Further, that the practice of reinforce probationer’s reasonable period of time shall
giving the payment to the awareness of the probation be declared by the proper Office
Supervising Probation Officer on conditions specified in the as an absconding probationer.
case (or the CPPO) to be Probation Order in a language
(b) Thereafter said Office shall
remitted to the victim, although or dialect understood by him;
file with the proper court a
with receipts, should be highly
ii) formulate with the client, the Violation Report (PPA Form 8),
discouraged and discontinued
supervision treatment plan; and containing its findings and
out rightly.
iii) carry out other elated recommendation, duly prepared
VIII. SUPERVISION OF activities and signed by the Supervising
PROBATIONERS Parole and Probation Officer
(b) Upon receipt of a copy of
and duly noted by the Chief
Section 38. Purpose. - The PPA Form No. 4, and a copy of
Parole and Probation Officer
primary purposes of probation the Probation Order on a
supervision are: (a) to ensure particular probationer the Section 44. Modification or
the probationer's compliance Probation Office through the Revision of Probation
with the probation conditions CPPO shall immediately assign Conditions. – (a) During the
specified in the Probation Order the probation supervision case probation supervision period,
and the prescribed probation to his subordinate Probation the Trial Court may motu
treatment and supervision Officer. In the event that the proprio or, upon motion by the
program/plan; (b) to manage probationer does not report for City or Provincial Parole and
the process of the probationer's initial supervision within the Probation Office or by the
rehabilitation and re-integration prescribed period after the probationer or his lawyer.
into the community; and (c) to Probation Order has been
Section 45. Effectivity and
provide guidance for the released by the Trial Court, or
Finality of Modified or Revised
probationer's transformation his whereabouts are unknown,
Probation Order. – (a) The Trial
and development into a useful the Probation Officer shall exert
Court may modify or revise the
citizen for his eventual his best efforts to find said
Probation Order which shall
reintegration to the mainstream probationer and conduct such
become effective and final upon
of society field inquiry as is necessary
its promulgation and receipt
within a reasonable period of
Section 39. Commencement of thereof by the probationer,
time, before considering the
Supervision Service. - For unless specified otherwise by
fact that the subject has
purposes of these Rules, said Order
absconded amounting to a
supervision service shall
violation of a probation X. EARLY TERMINATION
commence on the day of initial
condition, requiring the
interview or reporting of a Section 55. Coverage. - The
preparation and submission of a
probationer. Such fact shall be following probationers may be
Violation Report (PPA Form 8)
duly noted in the case notes of recommended for the early
to the Trial Court.
the client termination of their probation
Section 43.Absconding period:
Section 40. Initial Report
Probationer
1. Those who are suffering from
(a) Upon the probationer's
(a) A probationer who has not serious physical and/or mental
appearance for his initial
reported for initial supervision disability such as deaf, mute,
supervision, the Supervising
within the prescribed period the lepers, the crippled, the
Probation Officer on case, or
and/or whose whereabouts blind, the senile, the bed-
CPPO himself shall:
could not be found, located or ridden, and the like;
i) give instructions to the client determined despite best
using PPA Form 4 in order to diligent efforts within
 2.Those who do not need b.An approved application to i. sentence was suspended in
further supervision as take the Bar and Board accordance with Presidential
evidenced by the following: Examinations. Decree No. 603, “The Child and
Youth Welfare Code”, as
(a) Consistent and religious (b)To render public service
amended, but who is returned
compliance with all the
(1) Having been elected to any to the committing court for the
conditions imposed in the order
public office; or pronouncement of judgment or
granting probation;
sentencing and who is qualified
(2) Having been appointed to for the grant of probation under
(b) Positive response to the
any public office. Provided, Presidential Decree No. 968,
programs of supervision
however, that the probationers “The Probation Law of 1976”, as
designed for their rehabilitation;
involved have fully paid their amended;
(c) Significant improvements in civil liabilities, if any. And, that
their social and economic life; the probationers were not ii. sentence became final and
convicted for offenses involving executory after he attained the
(d) Absence of any derogatory age of eighteen (18) years; or
moral turpitude
record while under probation;
13 4. Other probationers who have iii. whose minority could not be
fully cooperated ascertained up to the time he
(e) Marked improvement in was convicted and sentenced to
with/participated in the
their outlook in life by becoming serve a penalty for which he
programs of supervision
socially aware and responsible may be released on probation
designed for their rehabilitation
members of the family and under the aforementioned
and who are situated under
community; and Presidential Decree No. 968.
conditions/circumstances
(f) Significant growth in self- similar in nature to those above-
b) “Petitioner” refers to a JICL
esteem, self-discipline and self- described at the discretion of
who applies for the grant of
fulfillment; Provided, that, the the proper authorities
probation.
probationers involved have
already served one-third (1/3) c) “Probationer” refers to a JICL
of the imposed period of Application Of Probation to who is placed on probation.
probation; and provided JICL/CICL
d) “Administration” refers to
further, that, in no case shall the
Section 2. Applicability -These the Parole and Probation
actual supervision period be less
Rules shall apply exclusively to Administration
than six (6) months
Juveniles in Conflict with the
Section 9. Supervision
3.Those who have: Law or JICL.
Treatment Plan; Goals. - The
a. to travel abroad due to any of Section 3. Definition of terms. - Probation Officer shall prepare a
the following: As used herein, unless the Supervision Treatment Plan
context otherwise requires: (STP) for strict compliance by
(1) An approved overseas job the probationer. The STP shall
contract or any other similar a) “JICL” refers to a natural be prepared in consultation
documents; or person who is below eighteen with the probationer and
(18) years of age but more than his/her immediate relative or, in
(2) An approved application for
nine (9) years of age at the time the absence of the latter, a
scholarship, observation tour or
of the commission of the crime, responsible community
study grant for a period not less
felony or offense. More member.The STP shall have the
than six (6) months; or
specifically, the term refers to a following goals:
(3) An approved application for JICL who is a first-time offender
whose – a. to fix or, as needed,
immigration.
adjust/readjust the level of
supervisory control required to probation upon which the Court in by the victim, the offender,
address the overall danger may base its order for the and/or any individual or
posed by the probationer to the revocation of said grant. community member affected by
community; the crime to resolve conflicts
Section 13. Arrest of Erring
resulting from the criminal
b. to assess/reassess how the Probationer. -The arrest and
offense, often with the help of a
probationer will make amends recommitment of a probationer
fair and impartial third party.
for the harm he may have shall be a measure of last resort.
inflicted and what strategies will • Examples of restorative
TERMINATION OF
be used to increase his/her process include mediation,
SUPERVISION
understanding of the impact of conferencing,
his/her behavior on the victim Section 14. Final Supervision sentencing/support circle and
and the community; and Conference. - Before the the like. The restorative
Supervising Probation Officer outcome is the agreement
c. to identify the behavior gaps,
submits the Probation Final obtained as a product of a
problematic mindset and/or
Report (PPA Form No. 9) to the restorative justice process.
inadequacy in skills that
Court, he shall have a final Examples of restorative
contributed to his/her
conference with the outcomes include restitution,
delinquency and set
probationer, together with community work service and
intervention and treatment
his/her immediate relative or, in any other program or response
measures and solutions therefor
the latter’s absence, a designed to accomplish
Section 10. Acceptance of STP; responsible community reparation of the victim, and the
Review. - The STP shall take member. If necessary and reintegration of the victims
effect after it is accepted in available, the victim and/or a and/or offenders
writing by the probationer. The responsible member of the
HOW WAS RESTORATIVE
Supervising Probation Officer community may be invited to
JUSTICE ADOPTED IN THE
shall review/evaluate the STP attend said conference. The
PHILIPPINES?
not later than six months after it presence of the Chief Parole
takes effect. Whenever the and Probation Officer in the • The Commission on Crime
need arises and/or upon the conference shall be mandatory Prevention and Criminal Justice,
request of the probationer, the of which the Philippines is a
Restorative Justice
Supervising Probation Officer member-country, through a
shall make the corresponding • Restorative Justice is a process draft resolution, recommended
change to the STP or make a through which remorseful to the Economic and Social
new one, and thereafter, submit offenders accept responsibility Council of the United Nations
the same to the Chief Probation for their misconduct, Organization (UNO), the
and Parole Officer for approval. particularly to their victims and adoption of the “Basic Principles
The revised or new STP shall to the community. on the Use of Restorative
also require the written Justice Programmes in Criminal
acceptance of the probationer • It creates obligation to make Matters”. The said document is
things right through proactive a formulation of UN Standard in
INFRACTION OF TERMS AND involvement of victims, the field of mediation and
CONDITIONS OF PROBATION ownership of the offender of restorative justice. The
the crime and the community in Philippines, being a signatory
Section 12. Proof of Violation. -
search for solutions which member-country should ensure
The Probation Officer shall
promote repair, reconciliation adoption of this resolution.
submit to the Court clear and
and reassurance
convincing evidence of a serious
• Consequently, the goal of the
violation of the terms and • Thus, the restorative justice government is to establish a
conditions of the grant of process is actively participated
 more enlightened and humane
correctional system that will
promote the reformation of
offenders and thereby reduce
the incidence of recidivism. This
is in line with the applicable
laws, rules, and policies
mandating this Agency to
administer the Parole and
Probation System in the
country. As such, the Parole and
Probation Administration (PPA)
is empowered to create
innovative policies, programs,
and activities to facilitate the
reintegration of its clientele into
the mainstream of society and
consequently prevent the
commission of crime. Therefore,
PPA adopts Restorative Justice
as one of its rehabilitation
programs which utilizes
restorative processes and aims
to achieve restorative outcomes