COMMUNITY-BASED CORRECTION felon after serving the minimum

Community based correction refers to that imposable penalty may

method of correcting be eligible for release on parole.
sentenced offenders without having to go EXECUTIVE CLEMENCY
to prison. • The power of the Chief Executive to
The Community-Based Treatment grant amnesty,
Programs are those programs commutation of sentence, pardon,
that are intended to treat criminal reprieve and remit fines
offenders within the free and forfeitures to convicted prisoners
community as alternatives to RESTORATIVE JUSTICE PROGRAM
confinement. • Program enacted under RA 9344 for
It includes all correctional activities CICLs that requires a
directly addressed to the CICL’s to undergo after he/she is found
offender and aimed at helping him to responsible for an
become a law- abiding offense without resorting to formal court
citizen. proceeding like
ADVANTAGES OF COMMUNITY-BASED diversion, intervention and Community
CORRECTION based programs.
1. Family members need not be victims
also for the imprisonment of a AGENCIES CONCERNED
member because the convict can still Parole and Probation Administration (PPA)
continue to support his family. ➢ Headed by Administrator
2. Rehabilitation will be more effective as ➢ Handles the Investigation petitioners
the convict will not be exposed for Probation & Supervision of
to hardened criminals in prisons who will Probationer, Parolees, and Conditional
only influence him to a life of Pardonees.
crime. ➢ Hon. Teodulo Natividad was the first
3. Rehabilitation can be monitored by the Administrator
community thus corrections Board of Pardons and Parole (BPP)
can be made and be more effective. ➢ Headed by Chairman (DOJ
4. It is less costly on the part of the Undersecretary)
government. Cost of incarcerations ➢ Responsible for grant of Parole and
will be eliminated which is extremely recommending Executive Clemency to
beneficial on the part of the government. the President ( E.O 83, series of 1937)
TYPES OF NON-INSTITUTIONAL Department of Social Welfare and
PROBATION Development (DSWD)
• It is a disposition under which a ➢ Act. 3202, PD 603, JJWC (RA 9344), IJISC
defendant, after conviction ( RA
and sentence, is released subject to 10630)
conditions imposed ➢ Headed by DSWD Undersecretary as
by the court and to the supervision of a Chairman
probation officer. ➢ renders services for Children in Conflict
PAROLE with the Law (CICL)
• Type of correctional program provided PROBATION
by the Indeterminate • coined by John Augustus
Sentence Law (Act No. 4103) that enables • from the Latin verb “Probare” which
the convicted means to prove, to test.
• Latin word “Probatio” coined by • an 18th century English barrister and
Frederick Renier which means judge
testing period • became the Recorder of Birmingham, a
• is a procedure under which the court judicial post.
releases a defendant found • He finds persons who act as guardians of
guilty of a crime without imprisonment the juvenile offender. Then at
subject to the condition an unexpected period, the confidential
imposed by the court and subject to the officer visits the guardian, makes
supervision of the probation inquiries and keeps notes of information
service. received.
FORERUNNERS OF PROBATION • Hill had police officers pay periodic visits
Benefits of Clergy to these guardians in an effort
• If any member of the clergy was brought to track the offender’s progress and to
to trial before the king’s court, keep a running account.
such clergy could be claimed from the HISTORICAL DEVELOPMENT OF
jurisdiction by the bishop or PROBATION IN THE
chaplain representing him on the ground UNITED STATES OF AMERICA
that the prisoner was subject to USA
the authority of the Ecclesiastical Court • The first to enact a real probation law in
only. Massachusetts on April 21, 1878
Judicial Reprieve • The first practical demonstration of
• When there is a favorable circumstance probation
in the criminal’s character in • First use of the term as court service
order to give him opportunity to apply to • First Juvenile Court law of Cook Country
the King for either an absolute an or in Illinois
conditional pardon. Early English courts Edward Savage (First Probation Officer)
began to grants reprieves to John Augustus (Father of Probation in the
prisoners under sentence of death on US)
condition that they accept • TRUE PROBATION OFFICER
deportation to English settlements in • Was a Boston shoemaker
America. • member of Washington Total Abstinence
Recognizance or “Binding over for good Society, formed in Boston in 1841
behavior” to promote temperance and to reclaim
• considered as the direct ancestor of drunkards.
probation. This involves an ➢In 1841, John Augustus attended police
obligation or promise sworn to under court to bail out a
court order by a person not yet “common drunkard”, the first probationer.
convicted of crime he would keep the On August 1841, after
peace and be of good behavior. three weeks, the rugged drunk man was
HISTORICAL DEVELOPMENT OF brought back to court
PROBATION IN ENGLAND where the judge cannot recognize him.
ENGLAND ➢By 1858, John Augustus had provided
• It is where probation started in a form of bail for 1,946 men and
suspending judgment and releasing women, young and old. Reportedly, only
offender on his own recognizance. ten of this number
Mathew Davenport Hill (Father of forfeited their bond.
Probation in England)
Note: 1841 is considered as the birth year probation law.
of probation. ➢ First Administrator of the Parole and
Fr. Rufus Cook (Chaplain in Boston, Probation Administration which is
Massachusetts) attached
• Continued the work of Augustus after to the DOJ
the latter’s death and employed ➢ First Filipino Vice President of the
humane but unscientific approach. United Nations Congress, Geneva
Killets Case Switzerland
• This decision led to the passing of the ➢ Former NAPOLCOM commissioner
National Probation ➢ Former Congressman of Bulacan
Act of 1925, thereby, allowing courts to ➢ Introduced House Bill No. 393 in
suspend the collaboration with former Congressman
imposition of incarceration and place an Ramon D.
offender on Bagatsing.
probation . ➢ HB 393 - Avoided the objectionable
National Probation Act of 1925 features of Act 4221. The measure was
• signed by President Calvin Coolidge. passed
• the U.S. Federal Probation Service was in the Lower House and was pending in
established. the senate when Martial Law was
HISTORY OF PROBATION IN THE proclaimed
PHILIPPINES in 1972.
Act No. 4221 (1st Probation Law in the P.D. 968 (“Probation law of 1976” or
Philippines) “Adult Probation Law of 1976”)
• Enacted by the Philippine legislature on ➢Reestablished the adult probation law
August 07, 1935 . which was signed by Pres. Ferdinand
• Created Probation Offices under the Marcos on July 24, 1976.
Department of Justice led by a Chief ➢Took effect in January 3, 1978
Probation Officer appointed by the PD 1257
American Governor General with the ➢ Comment of the prosecutor within 10
advice and consent of the United States. days.
• Provided probation for the first time ➢ Decision for granting of Probation by
offenders, eighteen years of age the judge within 15 days (after receipt of
and over, convicted of a certain crime. PSIR)
• Subsequently declared unconstitutional BP 76
by the Supreme Court on Nov. ➢ 6 years and 1 day imprisonment is
16, 1937 in People vs.Vera qualified for probation
Issue: Whether or not: PD 1990
1) Encroaches upon the pardoning power ➢ Remove “1 day” and made 6 years
of executive. imprisonment and below qualified for
2) Constitute on undue delegation of probation
legislative power. EO 292 (“Administrative Code Of 1987”)
3) Denies the equal protection of the law. ➢Renamed Probation Administration
Teodulo C. Natividad (Father of Probation (968) to Parole and Probation
in the Philippines) Administration
➢ Headed the committee (IDCCP) BPP Resolution 229
primarily tasked with the drafting of the ➢ Authorized the PPA to supervise and
adult conduct investigation on parolee and
pardonee. DISQUALIFIED OFFENDERS IN RA NO.
➢ Pre – executive Clemency (60 days) 10707
➢ Pre-Parole Investigation (60 days) 1) Sentenced to serve a maximum term of
BPP Resolution 24-4-10 imprisonment of more than six (6)
➢ Pre – executive Clemency – 30 days (NO years.
EXTENSION) 2) Convicted of any crime against the
➢ Pre-Parole Investigation – 30 days (NO national security.
EXTENSION) 3) Have previously been convicted by final
PURPOSE OF PROBATION judgment of an offense punished by
1) Promote the correction and imprisonment of more than six (6) months
rehabilitation of an offender by providing and one (1) day and/or a fine
him with of more than 1,000 pesos
individualized treatment. 4) Have been once on probation under the
2) Provide an opportunity for the provisions of this Decree; and
reformation of a penitent offender. 5) Already serving sentence at the time
3) Prevent commission of an offense. the substantive provisions of this
NATURE OF PROBATION Decree became applicable pursuant to
Probation is but a mere privilege and as Section 33 hereof.
such, its grant or denial rests VIOLATION OF ANY OF THE FOLLOWING
solely upon the sound discretion of the SHALL
Trial Court. After its grant, it becomes DISQUALIFY AN OFFENDER TO AVAIL
a statutory right and it shall only be PROBATION
cancelled or revoked for cause and 1. PD 1987 (Videogram Law)
after due notice and hearing. 2. BP 881 (Omnibus Election code)
WHO MAY APPLY FOR PROBATION? 3. RA 6727 (Wage Rationalization Act)
Offenders who are convicted by final 4. RA 9165 (Comprehensive Dangerous
judgment and sentenced with Drugs act) except:
imprisonment and/or fine with subsidiary • Sec. 12 - Possession of Equipment,
imprisonment, who are not specifically Instrument, Apparatus and Other
disqualified by law. Paraphernalia
DISQUALIFIED OFFENDERS IN PD 968 for Dangerous
1) Imprisonment of more than six years. • Sec. 14 - Possession of Equipment,
2) Convicted of any Crime against the Instrument, Apparatus and Other
National Security or of Crimes against Paraphernalia
Public Order. for Dangerous Drugs during Parties, Social
3) Have been previously convicted by final Gatherings or Meetings.
judgment of an offense punished • Section 17 - Maintenance and Keeping
by imprisonment of not less than one of Original Records of Transactions on
month and one day and/or a fine of Dangerous Drugs and/or Controlled
not less than 200 pesos. Precursors and Essential Chemicals
4) Have been once on probation under the • Section 70 - Probation or Community
provisions of this Decree; and Service for a First-Time Minor Offender in
5) Already serving sentence at the time Lieu
the substantive provisions of this of Imprisonment.
Decree became applicable pursuant to REQUIREMENTS ON AVAILING THE
Section 33 hereof. BENEFITS OF
P.D 968, AS AMENDED
Section 8. Criteria for Placing an Offender SECTION 14. Comment. The Prosecuting
on Probation. Officer may submit his/her
In determining whether an offender may Comment on the application within ten
be placed on probation, the court (10) days f rom receipt of the
shall consider all information relative, to notification.
the character, antecedents, environment, SECTION 15. Referral to Proper Probation
mental and physical condition of the Office. If the Trial
offender, and available institutional and Court finds that the application is in due
community resources. Probation shall be form and the
denied if the court finds that: petitioner appears to be legally qualified
a) The offender is in need of correctional for the grant of
treatment that can be provided most probation, it shall order the Probation
effectively by his commitment to an Office within its jurisdiction
institution to conduct a Post Sentence Investigation
b) There is undue risk that during the (PSI) on the
period of probation the offender will petitioner.
commit another crime; or SECTION 17. Effects of Filing and Receipt.
c) Probation will depreciate the The Trial Court
seriousness of the offense committed. may, upon receipt of the application filed,
FILING suspend the
❑Application for probation shall be filed execution of the sentence imposed in the
with the trial court which has judgment.
jurisdiction over the case. SECTION 18. Bail or recognizance pending
❑The petitioner shall file his/her resolution of
application at any time after conviction application. Pending submission of the
but within 15 days from the promulgation Post-Sentence
of judgment or within Investigation Report (PSIR) and the
the period of perfecting his/her appeal. resolution of the
❑Filing for probation shall serve as a petition for probation, the accused may be
waiver to appeal. allowed
❑Filing an appeal shall be deemed as temporary liberty under his/her bail filed
waiver to apply for probation. in the criminal case
SECTION 12. Form. The application for where he was convicted.Where no bail
probation shall be in the form was filed or the accused
approved by the Secretary of Justice as is incapable of filing one, the court may
recommended by the allow his/her
Administrator or as may be prescribed by release on recognizance to the custody of
the Supreme Court. a responsible
SECTION 13. Notice to the Prosecuting member of the community who shall
Officers of the Filing of guarantee his/her
the Application. The trial court shall notify appearance whenever required
the concerned Prosecuting
Officer of the filing of the application at a
reasonable time it deems
necessary before the scheduled hearing
thereof.