CA 102 NON-INSTITUTIONAL

CORRECTIONS 3. The PROVINCIAL GOVERNMENTS,

under DILG; which supervise and control their
FIVE PILLAR respective provincial and sub-provincial Jails;
1. Law enforcement
2. Prosecution 4. the DEPARTMENT OF SOCIAL
3. Court WELFARE AND DEVELOPMENT (DSWD),
4. Correction which takes care of, among others, youthful
5. Community offenders entered in detention centers for
juveniles, aside from these,
LESSON NUMBER 1
Other agencies under this pillar are the:
THE PHILIPPINE CORRECTIONAL 1. The Parole and Probation Administration
SETTING (PPA) under the Department of Justice (DOJ);
and
Correction is the branch of the administration of
CJS charged with the responsibility for the 2. The Board of Pardons and Parole also under
custody, supervision and rehabilitation of the Department of Justice (DOJ)
convicted offenders.
Corrections, as a component of the system are
It is also define as the STUDY OF JAIL OR responsible for:
PRISON MANAGEMENT AND
ADMINISTRATION as well as the rehabilitation 1. The MAINTENANCE of institution such as
and reformation of criminals. prisons, jails, halfway houses

Define as a GENERIC TERM that includes all 2. The PROTECTION of law-abiding members
government agencies, facilities, programs, of society by keeping convicted offenders from
procedures, personnel, and techniques concerned preying on society.
with the investigation, intake, custody,
confinement, supervision, or treatment of alleged 3. The REFORMATION and rehabilitation of
offenders. offenders in preparation for their eventual
reintegration to the mainstream of society and
Fourth pillar of the PCJS, and identified as the helping them lead a normal life after release.
weakest pillar.
4. The DETERRENCE of crimes, experience in
NON-INSTITUTIONAL CORRECTIONS are prison and the fear of isolation and denial of
community-based corrections programs that help liberty will influence inmates and potential
in the reintegration of offenders. offenders to lead a life not in conflict or afoul with
the law.
Jail administration and control in our country
is distributed to at least, four agencies: MAIN GOALS OF CORRECTIONS

1. The BUREAU OF CONNECTIONS 1. retribution

(BUCOR), under the DOJ; which has 2. rehabilitation
supervision over the national penitentiary and its 3. deterrence
penal farms; 4. incapacitation
5. restoration.
2. The BUREAU OF JAIL MANAGEMENT
AND PENOLOGY (BJMP), under the DILG; GOALS OF A COMMUNITY BASED
which has the exclusive control over all city, CORRECTIONS
municipal and district Jails nationwide;
A. Easing Institutional Crowding and Cost Rikkers Island in New York is actually
an island prison facility. It is overcrowded. To
1. building jails and prisons is a costly endeavor. cushion the effect of congestion, two floating
2. There are legal limits that define how many dormitories were constructed to confine offenders
prisoners a single correctional institution can hold. therein;

B. Surveillance In 1995, Director General Keith

Safety of the public is an important Hamburger of the Queensland services
concern for any offender supervision program. commission of Australia reported that congestion
is also a problem in his country.
C. Addressing Problems Related to Criminal
Behavior In January of 1994, in Manila, Ronald
Correcting some of the problems that are W. Nikkel, president of prison fellowship
directly linked to criminal behavior and continued international who had toured some of the jails in
involvement in the criminal justice system is the National Capital Region (NCR) and the New
another goal. Biliid Prisons of the Bureau of Corrections in
Municipal City observed and commented that in
D. Community Re-entry the 41 countries of the world he had travelled,
Community reintegration is an important most have a problem on congestion.
goal for offenders released from jail or prison to
gradually ease their re-entry into society He added that this problem is
PREVALENT IN THIRD WORLD
E. Restorative Justice COUNTRIES.
Restorative justice assumes that a crime
harms the community and that sometimes there OPLAN DECONGESTION was formalized
are individual victims involved. through the execution of a memorandum of
agreement on February 12, 1993.
Benefits of Community Corrections Programs
Among the public attorney’s office, the
Community corrections programs offer some parole and probation administration, the Board of
distinct advantages. Pardons and Parole which are all under the
Department of Justice,
1. A cost issue
2. Community programs can ease jail and prison Bureau of Jail Management and Penology
crowding by allowing convicted offenders the which is under the Department of the Interior and
chance to complete a drug program, boot camp, or Local Government.
other corrections program, and are thus another
form of cost savings. The avowed PURPOSE of said
3. Aspect to community corrections is the agreement (MOA) was jail decongestion through
flexibility of the programs in that they can be used collective and cooperative efforts.
at many points in the criminal justice process.
4. Community corrections programs, avoid
exposing offenders to jail and prison conditions LAW AND DECREES USUALLY AVAILED
that may be unsafe and at times even violent. OF TO DECONGEST JAILS
Current Issues and Evaluation of Effectiveness
of Community-based Correction 1. PRESIDENTIAL DECREE NO. 603, known
as the child and young welfare code, suspends
DECONGESTION OF JAILS sentence of minor offenders whose ages range
from nine (9) years to under eighteen (18) years
Jail congestion is WORLDWIDE and place them in rehabilitation centers under the
supervision of the Department of Social Welfare
and Development before they are released to the 10. PRESIDENTIAL DECREE NO. 968 JULY
custody of their parents or to any responsible 24, 1976 is the Philippine Probation Law of 1976.
person. Probation is, of course, a very important legal
instrument that contributes to the de-congestion of
2. BATAS PAMBANSA BILANG 85, Philippine jails.
authorizes the release of a detainee who has
undergone preventive imprisonment equivalent to Non-Institutional Correction or Community-
the maximum impossible sentence for the offense Based Approach
he is charged with’ - It refers to correctional activities that may take
place within the community or the method of
3. ARTICLE 96 OF THE REVISED PENAL correcting sentenced offenders without having to
CODE, provides that in meritorious cases, the go to prison.
commutation of the prisoner’s sentence through
presidential action shall be upon the - Not all convicted offenders have to serve their
recommendation of the court which imposed the sentence behind bars. Some of them are allowed
same; and ARTICLE 97, which provides that a to stay in the community, subject to the conditions
prisoner shall be entitled to a deduction from his imposed by the court.
prison term for good conduct; and
- They are either granted probation, parole,
4. DOJ MEMORANDUM CIRCULAR NO. 6 conditional pardon or recognizance. The parole
which directs all wardens or anyone in-charge of and probation Administration under the DOJ is the
local jails to effect the immediate transfer of government agency that supervises the activities
national prisoners to the Bureau of corrections. of the probationer, parolee and pardon and
monitors his compliance with conditions imposed.
5. REPUBLIC ACT NO. 9165-
COMPREHENSIVE DANGEROUS DRUG What is a Community correction?
ACT OF 2002 (JULY 4, 2002) -1st time minor  It is a sanction in which offenders serve some
offender (probation) for use 2 possession or all their sentence in the community.
only./deport
 It is sometimes referred to as non institutional
6. REPUBLIC ACT NO. 9344 – Juvenile & corrections.
Justice welfare Act of 2006 (May)
 The subfield of corrections in which
7. REPUBLIC ACT NO. 6036, known as the offenders are supervised and provided
release on recognizance law, provides for the services outside jail or prison.
release of offenders charged with an offense
whose penalty is not more than six (6) months
and/or a fine of Two Thousand pesos (2,000) or
both, to the custody of a responsible person in the
community, instead of a bail bond; COMMUNITY-BASED CORRECTION
PROGRAMS IN THE PHILIPPINES
8. REPUBLIC ACT NO. 6127, fully deducts the
period of the offenders’ preventive detention from The Community-Based Treatment
the sentence imposed by the courts; Programs are those programs that are intended to
treat criminal offenders within the free community
9. REPUBLIC ACT NO. 4103, as amended, as alternatives to confinement.
creating the Board of Pardons and Parole tasked to
look into the physical, mental and moral record of Began in the 1970s, 1980s, and 1990s.
prisoners to determine who shall be eligible for
parole or conditional pardon. ADVANTAGES OF COMMUNITY-BASED
CORRECTION
 kind of community program. It is easier to manage
1. Family members need not be victims also for those undergoing community based treatment
the imprisonment of a member because the programs than that of custodial control.
convict can still continue to support his family.
2. Rehabilitation will be more effective as the SUBJECT COVERAGE
convict will not be exposed to hardened criminals
in prisons who will only influence him to a life of 1. Probation - One of the most common forms of
crime. community correction is probation. Probation can
3. Rehabilitation can be monitored by the be thought of as a type of post-trial diversion from
community thus corrections can be made and be incarceration.
more effective. A term coined by John Augustus, from
4. It is less costly on the part of the government. the Latin verb “probare”- to prove, to test. It is
Cost of incarcerations will be eliminated which is a disposition under which a defendant after
extremely beneficial on the part of the government. conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
THE ROLE OF COMMUNITY released subject to the conditions imposed by the
CORRECTIONS IN THE CRIMINAL releasing court and under the supervision of a
JUSTICE SYSTEM probation officer.
Furthermore, it is define as a sentence in
Community sentence seeks to repair the which the offender, rather than being incarcerated,
harm the offender has caused the victim or the is retained in the community under the supervision
Community, provide for public safety and of a probation agency and required to abide by
rehabilitate and promote effective reintegration. certain rules and conditions to avoid incarceration.
A community correction has traditionally
emphasized REHABILITATION as its goal. 2. Diversion – For juvenile offender or CICL
a. Seeing that offenders comply with the orders of
community sentences. 3. Restitution - In recent years it has become
b. Helping offenders identify and address their increasingly common for jurisdictions to include
problems and needs. restitution orders as part of probation.
Money paid or services provided to
BASIC PRINCIPLES UNDERLYING THE victims, their survivors, or to the community by a
PHILOSOPHY OF COMMUNITY-BASED convicted offender to make up for the injury
TREATMENT PROGRAMS inflicted.

1. Humanitarian Aspect - Imprisonment is not 4. Halfway houses - Community-based

always advisable. Placing a person to custodial residential facilities that are less secure and
coercion is to place him in physical jeopardy, thus restrictive than prison or jail but provide a more
drastically narrowing his access to sources of controlled environment than other community
personal satisfaction and reducing his self-esteem. correctional programs.

2. Restorative Aspect - There are measures Goal of Halfway House: The goal of halfway
expected to be achieved by the offender, such as houses is to provide offenders with a temporary
an establishment of a position in the community in period of highly structured and supportive living
which he does not violate the laws. These so that they will be better prepared to function
measures may be directed at changing and independently in the community upon discharge.
controlling the offender. The failure of the
offender to achieve these can result to recidivism. What is home Confinement?
It is a program that requires offenders to
3. Managerial Aspect - Managerial skills are remain in their homes except for approved periods
special importance because of the sharp contrast of absence; commonly used in combination with
between the per capital cost of custody and any electronic monitoring.
 Home confinement is also known as home reformed but is not eligible to be released on
incarceration, home detention, and house arrest. parole.
a. Amnesty - A general pardon extended to a
OTHER ASPECTS OF CORRECTIONS group of persons, such a political offenders
1. Parole - It is the process of suspending the purposely to bring about the return of dissidents to
sentence of a convict after having serve the their home and to restore peace and order in the
minimum of his sentence without granting him community.
pardon, and the prescribing term upon which the
sentence shall be suspended. b. Commutation of Sentence - An act of the
president changing/reducing a heavier sentence to
2. Executive Clemency It shall refer to Absolute a lighter one or a longer term into a shorter term.
Pardon, Conditional Pardon with or without It may alter death sentence to life sentence or life
Parole conditions and Commutation of Sentence sentence to a term of years.
as may be granted by the President of the It does not forgive the offender but merely
Philippines upon the recommendation of the to reduce the penalty pronounce by the court.
Board of Pardon and Parole.
c. Reprieve - A temporary stay of the execution
a. Pardon It is a form of executive clemency of sentence especially the execution of the death
granted by the President of the Philippines as a sentence.
privilege to a convict as a discretionary act of Generally, Reprieve is extended to
grace. prisoners sentenced to death. The date of
It is an act of grace is extended to execution of sentenced is set back several days to
prisoners as a matter of right, vested to the Chief enable the Chief to study the petition of the
Executive (The President) as a matter of power. condemned man for commutation of sentenced or
pardon.
two types of pardon:
1. Absolute Pardon- It refers to the total
extinction of the criminal liability of the
individual to whom it is granted without any CONSTITUTIONAL BASIS:
condition whatsoever and restores to the
individual his civil rights and remits the penalty 1. ART. VII, SEC. 19, 1987 PHILIPPINE
imposed for the particular offense of which he CONSTITUTION
was convicted. Except in cases of impeachment, or as
Purpose: otherwise provided in this Constitution, the
a. To right a wrong President may grant reprieves, commutations, and
b. To normalize a tumultuous political situation. pardons, and remit fines and forfeitures, after
Absolute Pardon is also granted by a President to conviction by final judgment.
an imprisoned president the incumbent has He shall also have the power to grant
deposed. Absolute Pardon is granted in order to amnesty with the concurrence
restore full political and civil rights to convicted of a majority of all the Members of the Congress.
persons who have already served their sentenced
and have reached the prescribed period for the 2. Section 5, Article IX (Constitutional
grant of Absolute Pardon. Commissions- The Commission on Elections)
No pardon, amnesty, parole, or
3. Conditional Pardon- It refers to the exemption suspension of sentence for violation of election
of an individual, within certain limits or rules, and regulations shall be granted by the
conditions; from the punishment that the law President without a favorable recommendation of
inflicts for the offense he has committed resulting the Commission.
in the partial extinction of his criminal liability.
It is also granted by the President of the WHO WILL GRANT EXECUTIVE
Philippines to release an inmate who has been CLEMECY?
 It is exercise by the President. Upon the SPECIAL CONSIDERATION TO THE
recommendation of the Board of Pardons and RECOMMENDATION FOR
Parole, she/he can grant pardons, commute COMMUTATION OF SENTENCE OR
sentences, or defer the implementation of CONDITIONAL PARDON
sentences. 1. youthful offenders;
2. prisoners who are sixty (60) years old and
EXECUTIVE CLEMENCY BASICS above;
1. It is discretionary; 3. physical disability such as when the prisoner is
2. It may not be controlled by the legislature or bedridden, a deaf mute, a leper, a cripple or is
reversed by the courts unless there is violation of blind or similar disabilities;
the Constitution; and 4. serious illness and other life-threatening disease
3. Executive Clemency must often be requested as certified by a government physician;
by application or petition before it is granted. In 5. those prisoners recommended for the grant of
most jurisdictions, these applications first must be executive clemency by the trial/appellate court as
filed with a reviewing agency such as the state stated in the decision;
board of pardon and parole before being seen by 6. alien prisoners where diplomatic considerations
the appropriate government head. and amity between nations necessitate review;
7. circumstances which show that his continued
WHY IT IS EXTENDED? imprisonment will be inhuman or will pose a
- When there is real doubt about the guilt of the grave danger to the life of the prisoner or his coin
party. mates; and,
- When the sentence given is Apparently 8. such other similar or analogous circumstances
excessive whenever the interest of justice will be served
- When the party is a political or personal friend thereby.
of the President.
- To clear the record of some who has FILING OF PETITION
demonstrated rehabilitation or public service. A formal petition for executive clemency
addressed as follows shall be submitted to the
FACTORS TO BE CONSIDERED IN Board before the question of said clemency will
PETITION FOR CONDITIONAL PARDON, be considered:
COMMUTATION OF SENTENCE OR
PAROLE REFERRAL OF PETITION FOR
a. the age of the petitioner, the gravity of the EXECUTIVE CLEMENCY/PAROLE TO
offense and the manner in which it was committed, OTHER GOVERNMENT AGENCIES
and the institutional behavior or conduct and
previous criminal record, if any; a. Secretary of National Defense - If the crime
b. evidence that petitioner will be legitimately committed by the petitioner is against national
employed upon release; security or public order or law of nations.
c. a showing that the petitioner has a place where
he will reside; b. Commission on Elections - In case of violation
d. availability of after-care services for the of election laws, rules and regulations.
petitioner who is old, seriously ill or suffering c. Department of Foreign Affairs - In case of an
from a physical disability; alien.
e. attitude towards the offense and the degree of
remorse; and, PRISONERS NOT ELIGIBLE FOR
f. the risk to other persons, including the victim, EXECUTIVE CLEMENCY
his witnesses, his family and friends, or the Prisoners who escaped or evaded service
community in general, the possibility of retaliation of sentence are not eligible for executive
by the victim, his family and friends. clemency for a period of one (1) year from the
date of their last re commitment to prison or
conviction for evasion of service of sentence.
 disabilities, remain and become operative when
TRANSMITTAL OF CARPETA AND judgment is rendered.
PRISON RECORD
In executive clemency/parole cases, the ARTICLE 89. How Criminal Liability is
Director or Warden concerned shall forward the Totally Extinguished.
prison record and carpeta of a petitioner at least
one (1) month prior to the eligibility for review as Criminal liability is totally extinguished:
specified in Sections 10 and 13 of these Rules. 1. By the death of the convict, as to the personal
penalties;and as to pecuniary penalties, liability
The Director or Warden concerned shall therefor is extinguished only when the death of
also furnish the Board and the Administration on the offender occurs before final judgment.
or before the fifth day of every month, a list of 2. By service of the sentence.
prisoners whose minimum sentences will expire 3. By amnesty, which completely extinguishes
within ninety (90) days and those who may be the penalty and all its effects.
considered for executive clemency. 4. By absolute pardon.
5. By prescription of the crime.
WHAT IS THE CONSTITUTIONAL BASIS 6. By prescription of the penalty.
OF PARDON? 7. By the marriage of the offended woman, as
The power to pardon, which is a form of provided in article 344 of this Code
executive clemency, is given to the President
under Section 19, Article VII of the "Art, 94, Partial Extinction of Criminal
Constitution. It reads: Liability,- Criminal liability is extinguished
partially:
Except in cases of impeachment, or as otherwise "1, By conditional pardon;
provided in this Constitution, the President may "2, By commutation of the sentence; and
grant reprieves, commutations, and pardons, and "3, For good conduct allowances which the culprit
remit fines and forfeitures, after conviction by may earn while he is UNDERGOING
final judgment. PREVENTIVE IMPRISONMENT OR serving his
sentence."
He shall also have the power to grant
amnesty with the concurrence of a majority of all AMNESTY
the members of the Congress.
DIFFERENCES BETWEEN AMNESTY AND
HOW IS PARDON DIFFERENT FROM PARDON
PROBATION?
1. As to the number of those who can avail:
Probation and pardon are not the same. Pardon includes any crime and is exercised
individually by the Chief Executive, while
Probation is “a disposition under which a amnesty is a blanket pardon granted to a group of
defendant, after conviction and sentence, is prisoners, generally political prisoners.
released subject to conditions imposed by the
court and to the supervision of a probation officer.” 2. As to the Time to Avail: Pardon is exercised
when the person is already convicted, while
Probation is a part of the judicial power, amnesty maybe given before trial or investigation
while pardon is a part of the executive power. is done.

The suspension of the sentence under 3. As to the Consent of Congress: Pardon is

probation simply postpones the judgment of the granted by the Chief Executive and such as
court temporarily or indefinitely, but the private act, which must plead and proved by the
conviction and liability following it, and the civil person pardoned because the court takes no choice
thereof. While amnesty is by proclamation with
concurrence of congress, and it is a public act, amnesty to persons who were found to have
which the court should take judicial notice. committed acts/crimes clearly in pursuit of their
political belief because their acts/crimes were
4. As to the Effect: Pardon is an act of committed after April 30, 1994 but before June
forgiveness, i.e. it relieves the offender from the 1, 1995, which is beyond the period of coverage
consequences of the offense, while amnesty is an of Proclamation No. 347; or because they filed
act of forgetfulness. i.e. it puts into oblivion the their applications beyond the deadline of June 1,
offense of which one is charged so that the person 1995;
as if he had never committed the offense.
WHEREAS, the sincere desire of the
4. As to the Crime committed: Pardon is granted foregoing rebels and insurgents to return to the
for infractions of the peace of the State while folds of the law cannot be ignored by the
amnesty, for crimes against sovereignty of the Government if it is to pursue a true,
state (ex. political offense) comprehensive, just, and lasting peace;

PROCLAMATION NO. 724 WHEREAS, by virtue of the General

Agreement for Peace dated October 13, 1995
AMENDING PROCLAMATION NO. 347 signed between the Government and the RAM-
DATED MARCH 25, 1995 SFP-YOU, Proclamation No. 723 was issued
WHEREAS, on March 25, 1994, granting amnesty to members and supporters of
President Fidel V. Ramos issued Proclamation the RAM-SFP-YOU and allowing those
No. 347 entitled “Granting Amnesty to Rebels, inadvertently omitted from the said list to apply
Insurgents, and All Other Persons Who Have or individually for amnesty;
May Have Committed Crimes Against Public
Order, Other Crimes Committed in Furtherance of WHEREAS, in the interest of equity and
Political Ends, and Violations of the Articles of justice, members of rebel groups other than the
War, and Creating a National Amnesty RAM-SFP-YOU should also be entitled to file
Commission,” which was concurred in by both applications for amnesty after the lapse of the
Houses of Congress on June 2, 1994 through period for application under Proclamation No. 347;
Concurrent Resolution No. 12 as provided for by NOW, THEREFORE, I, FIDEL V. RAMOS,
the Constitution; President of the Republic of the Philippines, by
virtue of the powers vested in me by Section 19,
WHEREAS, when the prescribed period Article VII of the Constitution, do hereby declare
for filing of applications for amnesty lapsed on and proclaim:
June 1, 1995, 7,166 applications were recorded to
have been filed with the National Amnesty SECTION 1. Grant of Amnesty under
Commission and the nineteen (19) Local Proclamation No. 347. Section 1 of Proclamation
Amnesty Boards nationwide; No. 347 is hereby amended as follows:
“Section 1. Grant of Amnesty.- Amnesty is
WHEREAS, after June 1, 1995, the hereby granted to all persons who shall apply
National Amnesty Commission and its nineteen therefor and who have or may have committed
(19) Local Amnesty Boards throughout the crimes, on or before June 1, 1995, in pursuit of
country have reported that many other rebels and their political beliefs, whether punishable under
insurgents voluntarily returned to the folds of the the Revised Penal Code or special laws.
law and filed applications for amnesty or
otherwise expressed their desire to avail of SEC. 2. Re-opening of Application Period.
amnesty; Applications for the grant of amnesty
under Proclamation No. 347 dated March 25,
WHEREAS, in the course of processing 1994, as amended by this Proclamation, shall be
amnesty applications, the National Amnesty filed with the National Amnesty Commission
Commission has been constrained to deny
within ninety (90) days from the effectivity of this Massachusetts developed the first state-
Proclamation. wide probation system in 1880, and by 1920, 21
other states had followed suit. With the passage of
SEC. 3. Effectivity. This Proclamation shall take the National Probation Act on March 5, 1925,
effect upon the concurrence by a majority of all signed by President Calvin Coolidge, the U.S.
Members of Congress. Federal Probation Service was established.

DONE in the City of Manila this May 17, On the state level, pursuant to the Crime
1996 Control and Consent Act of 1936, a group of
states entered into an agreement wherein they
would supervise probationers and parolees who
PROBATION reside in each other's jurisdictions on each other's
behalf.
The concept of probation, from the Latin,
probatio,"testing," has historical roots in the HISTORICAL DEVELOPMENT OF
practice of judicial reprieve. PROBATION

Probation first developed in the United A. HISTORICAL DEVELOPMENT OF

States when John Augustus, a Boston cobbler, PROBATION IN ENGLAND
persuaded a judge in the Boston police court in
1841 to give him custody of a convicted offender, MATHEW DAVENPORT HILL
a "drunkard," for a brief period and then helped  Father of probation in England.
the man to appear rehabilitated by the time of  He left an interesting account of his
sentencing. experiments in the Birmingham court.
At first, judges, most notably Peter  He was in the forefront of reforming juvenile
Oxenbridge Thatcher of Boston, used "release on offenders.
recognizance" or bail and simply refrained from  He finds persons who act as guardians of the
taking any further action. juvenile offender.

In 1878 the mayor of Boston hired a Beginning in the early years of 1481, he acted for
former police officer, the ironically named and in behalf of juvenile offenders, when he
"Captain Savage," to become what many believes:
recognize as the first official probation officer. 1. The individual is not fully corrupt
2. There was reasonable hope of reformation
By the mid-19th century, however, many 3. When there could be found persons to act
Federal Courts were using a judicial reprieve to
suspend sentence, and this posed a legal question. B. HISTORICAL DEVELOPMENT OF
PROBATION IN UNITED STATES
In 1916, the United States Supreme Court,
in the Killets Decision, held that a Federal Judge The first state to enact a real probation
(Killets) was without power to suspend a sentence law in United States is Massachusetts. The first
indefinitely. This decision led to the passing of the practical demonstration of probation, first use of
National Probation Act of 1925, thereby, the term as court service, and the enactment of the
allowing courts to suspend the imposition of first probation law occurred in Massachusetts.
incarceration and place an offender on probation.
The prisoners Aid Association of
Probation developed from the efforts of a Maryland, organized in 1869, employed agents to
philanthropist, John Augustus, who looked for visit the prison and assist released prisoners and
ways to rehabilitate the behavior of criminals. gradually they began to investigate cases and
assist offenders before the Baltimore courts.
 A 1894 law provided that any court in the
state might release on probation for “good conduct” AUGUSTUS EXPERIMENT
a person convicted of any offense not capital, if no - August 1841- Rugged drunk man
previous conviction was proved against him, upon - 3 weeks
his entering into a recognizance, with or without -The drunkard was brought back to court where
sureties, and during such period as the court may the judge cannot recognize him. Imposes a fine of
direct to appear and received judgment when $ 3.76.
called upon, and in the meantime to keep the - Augustus died on June 21, 1859. And out of
peace and be of good behavior. 2000 person whom he extended his help, only 10
were ungrateful. And out of 1100 cases, only one
Another state adopting a partial measure case was forfeited.
was Missouri with its “parole of convicted - Massachusetts became the 1 st country to enact a
person’s law of 1897.” probation law on April 21, 1878

The second state to enact a real probation GOVERNOR ALEXANDER H. RICE

law. The Vermont like Missouri and unlike  He provided appointment and prescribed
Massachusetts provided for probation only after duties for paid probation officers.
suspension of the execution of sentence. The bills
in both states were supported by the state
correctional agencies. Many features of the PRESIDENT CALVIN COOLIDGE
Massachusetts law were incorporated, with  The former governor of Massachusetts.
several innovations since followed elsewhere.
Vermont was the first to adopt a county plan. C. HISTORY OF PROBATION IN THE
PHILIPPINES
The third state to enact a real probation
law is Rhode Island. A complete state- A. The Adult Probation Law of 1935
administered probation system appeared first in The Philippine Legislature enacted the
Rhode Island. first probation of the Philippines. The first
March 4, 1925 the UNITED STATES legislation was Act No. 4221 enacted by the
FEDERAL PROBATIONACT was enacted. Philippine legislature on August 07, 1935 and
which created a Probation Offices under the
JOHN AUGUSTUS Department of Justice led by a Chief Probation
 Father of probation in US Officer appointed by the American Governor
 He is a Boston shoemaker, first to develop a General with the advice and consent of the United
sustained service to promote temperance and States
to reclaim drunkards.
 Born in 1785 at Woburn Massachusetts and On July 24, 1976, a "National Strategy to
moved to Lexington Green and became a Reduce Crimes" was finalized and presented to
Cordwainer or Bootmaker. the President of the Philippines.

METHODS OF AUGUSTUS TEODULO C. NATIVIDAD

1. Provide bail for temporary suspension of  He is the Father of Probation in the
punishment of sentence Philippines.
2. Then he sought counsel and assists his charges  He headed the committee (IDCCP) primarily
in finding homes, securing employment and tasked with the drafting of the adult probation
adjusting family difficulties. law.
3. At the end of probation he brought offender
back to court-if no further charges are found- THE ADULT PROBATION LAW OF 1976
judge imposes a nominal fine with cost if man is
poor, Augustus advance fine as a loan. It took a long time before another attempt
was made with introduction then by Congressman
Teodulo C. Natividad in collaboration with Two (2) foreign experts participated
former Congressman Ramon D. Bagatsing, namely Dr. Torsten Erickson, former United
House Bill No. 393. Nations Inter-Regional Adviser on Crime
Prevention Justice and Dr. A. Lamonth Smith.
The measure was passed in the Lower
House and was pending in the senate when Director for Research Program Planning
Martial Law was proclaimed in 1972. and Elicit comments on the adoption of adult
probation system in the country.
The Presidential decree No. 968,
established a probation system less costly A survey was made to elicit comments on
alternative to the imprisonment of the offender the adoption of the adult probation system in the
who are likely to respond to individualized, country. Favorable resulted showed 87.1% in
community-based treatment program is the second favor of the adoption, 7.1% apprehensive and
legislation that enforces a probation system in the 5.8% non-committal.
country.
Thereafter, the draft was sent to the
On Nov. 13, 1974, the Inter-Disciplinary Secretary of the Department of the National
Committee on Crime Prevention (IDCCP) was Defense, Secretary of the Department of the
created to formulate a national crime prevention Justice and to the Supreme Court for review and
program for the courtly. endorsement of the President.

INTER-DISCIPLINARY COMMITTEE ON The final forum of the proposed

CRIME PREVENTION (IDCCP) institutionalization of adult probation in the
country was the First National Conference on
The delegation’s official report served as Crime Control, which was held at Camp
the turning point for the Inter-Disciplinary Aguinaldo from July 22 to July 24, 1976. It was
Committee on Crime Prevention of the on this historic last day of the Conference that the
commission to formulate for a national crime Presidential Decree No. 968 and thereby
prevention program. Transported the criminal justice system of the
country to the twentieth century.
As mandated under Section 4(k) of
republic Act no. 4864, otherwise known as the In the process, the president also
police Act of 1966”, the National Police appointed as the first Probation Administration,
Commission, on November 13, 1974, created the NAPOLCOM Chairman, Teodolo C. Natividad in
IDCCP. The IDCCP then under the charge of a concurrent capacity.
Commissioner Teodulo C. Natividad, was asked
by the Secretary and Chairman of THE MULTI- SECTORAL BODY
NAPOLCOM, Juan Ponce Enrile to draft the As advocated by the United Nations, the
adult probation decree. five-penal multi-sectoral body is composed of
experts from the various sectors and disciplines
On the Probation System sponsored by comprising the five pillars of criminal justice
the National Police Commission and the U.P. Law system, namely: Police, Prosecution, Court,
Center on April 24, 1976 subsequently attended Correction and Community Participation. The
by 369 participants. panel on community participation has sub-panels
on education, welfare, religion, Barangay, health
The Proposal was reviewed by a mixture and economics.
of Jurist, Penologist, Policemen, Educators
subsequently civic leaders, social and behavioral Under the leadership of Commissioner
scientist, media men blue and white collar Teodulo C. Natividad, the IDCCP, after barely
workers and housewives. two months of work evolved a proposed system of
probation for adults based on evaluation of
projects on crime prevention and treatment of Statements of the principles, goals and
offenders in the courtly, notably the Bacolod City objectives of the Probation Law are found in its
experiment on social defense. Preamble.
1. An enlightened and humane correctional system;
This was later incorporated as part of PD 2. The reformation of offenders;
968 which was signed into law by Pres. 3. The reduction of the incidence of recidivism;
Ferdinand E. Marcos on July 24, 1976. 4. To extend to offenders individualized and
community-based treatment programs instead of
Note: Jan. 3, 1978 – effectivity of the imprisonment;
substantive provisions of PD 968 5. It is limited only to offenders who are likely to
respond to probation favorably; and
6. It is economical or less costly than confinement
to prisons and other institutions with rehabilitation
programs.

To provide a less costly alternative to the

imprisonment of first-time offenders, then
President Ferdinand E. Marcos issued on July
Probation 1 24, 1976 Presidential Decree No. 968 known as
the Probation Law of 1976.
One of the most common forms of
community correction is probation. Under PD 968, the court may, after it
shall have convicted and sentenced an accused
Probation can be thought of as a type of and upon application of said accused, suspend the
post-trial diversion from incarceration. execution of said sentence and place the accused
on probation for such period and upon such terms
A term coined by John Augustus, from and conditions as it may deem best.
the Latin verb “probare”- to prove, to test.
FIRST-TIME OFFENDERS were
It is a disposition under which a defendant given a second chance to maintain their place in
after conviction of an offense, the penalty of society through a process of reformation, which is
which does not exceed 6 years of imprisonment, is better achieved when he is not mixed with
released subject to the conditions imposed by the hardened criminals within prison walls.
releasing court and under the supervision of a
probation officer.
Definition of PROBATION
THE NATURE OF PROBATION IN THE
PHILIPPINES The word probation is from the Latin
word “probatio” which means testing.
INTRODUCTION
Presidential Decree No. 968 otherwise In the case of FRAD V. KELLY,"
known as the Probation Law of 1976 recognizes Probation is a system of tutelage under the
such trend. supervision and control of the court which has
jurisdiction over the convicted defendant, has the
However, the Decree separates adult record of his conviction and sentence, the records
probation from juvenile probation for it expressly and reports as to his compliance with the
excludes those entitled to the benefits under the conditions of his probation, and the aid of the
provisions of Presidential Decree No. 603, local probation officer, under whose supervision
known as the Child and Youth Welfare Code, and the defendant is placed." It consists of the
similar laws. conditional suspension of punishment while the
offender is placed under personal supervision and 9. Probation Investigation - The process of
is given individual guidance or treatment. selection, diagnoses and planning with the client.

The Philippine Probation Law of 1976, 9. Probation Supervision- The continuous

as enacted by Presidential Decree No. 968, process of helping the client to follow through
defines probation as, "a disposition under which a with the plans, reevaluation and working with the
defendant, after conviction and sentence, is client in the process of planning his life to meet
released subject to conditions imposed by the dynamic situation.
court and to the supervision of a probation
officer."This decree will take effect on January 2, 10. Probation Officer - public officer like the
1978 Chief Probation and Parole Officer (CPPO),
Supervising Probation and Parole Officer (SPPO),
TERMS TO PONDER Senior Probation and Parole Officer (SrPPO),
Parole and Probation Officer II (PPOII), or Parole
As used in Section 3 of PD 968 and and Probation Officer I (PPOI), who investigates
Section 4 of Parole and probation administration for the Trial Court a referral for probation or
omnibus rules on probation methods and supervises a probationer or does both functions
procedure. The following shall, unless the context and performs other necessary and related duties
otherwise requires, be construed thus: and functions as directed.

1. Amicus Curiae – Means friend of the court 11. Probation Office - refers either to the
Provincial or City Probation Office directed to
2. Absconding Petitioner- a convicted accused conduct investigation or supervision referrals as
whose application for probation has been given the case may be;
due course by the court but fails to report to the
parole and probation office or cannot be located 12. Probation Order - order of the trial court
within a reasonable period of time. granting probation

3. Absconding Probationer- an accused whose 13. Prosecutor- lawyer of the victim.

probation was granted but failed to report for
supervision within the period ordered by the court 14. Trial Court - refers to the Regional Trial
or a probationer who fails to continue reporting Court (RTC) of the Province or City/Municipal
for supervision and/or whose whereabouts are Court which has jurisdiction over the case.
unknown for a reasonable period of time.
15. Volunteerism - is a strategy by which the
4. Defense Counsel/Counsel- lawyer of the parole and probation administration may be able
petitioner to generate maximum citizen participation or
community involvement in the overall process of
5. Petition- application for probation. client rehabilitation.

6. Petitioner - a convicted defendant who files an CONCEPT AND PHILOSOPHY OF

application for probation. PROBATION

7. Probationer - means a person placed on A. CONCEPT OF PROBATION

probation.
- P.D 968 as amended, otherwise known as the
8. Probation- is a disposition under which a probation law of 1976 defines probation.
defendant, after conviction and sentence, is
released subject to conditions imposed by the - The basic legal conceptions of probation in the
court and to the supervision of a probation officer. Decree are two fold:
- First, it as a conditional suspension of the
execution of sentence - It denotes that the court
assumes a primary role because a grant of A. PHILOSOPHY OF PROBATION
probation is judicially dispensed and controlled. The Probation adheres to the following
philosophy:
- Second it is a personal care or treatment and
supervision over the probationer - It indicates 1. There is no single cause for delinquent behavior.
the administrative aspect of probation through
the supervision of a probation officer and from the 2. Delinquent and criminal acts are symptoms.
point of view of social workers, a social casework The offender against our law is exhibiting a
treatment. symptom of social or psychological disturbance,
just as a headache is a symptom of a physical
disturbance.

PROBATION IS A COURT FUNCTION 3. That the individual has the ability to change and
In the Probation Law, the court assumes a modify his anti-social behavior with the right kind
dual role. of help;

1. When it acts in accordance with the jurisdiction 4. The central goal of probation Administration is
it acquires over the accused and proceeds to to enhance the safety of the community by
determine his guilt. reducing the incidence of Criminal acts by person
previously convicted.
2. When the court determines whether or not to
grant probation upon application of the offender. 5. The basic idea underlying a sentence to
Sections 3(a) and 4 of the Decree clearly shows probation is very simple.
this dichotomy.
6. This is of course not to say that probation
The Decree defines probation in Section 3 should be used in all cases, or it will always
as "a disposition under which the defendant, after produce better results.
conviction and sentence, is released subject to the
conditions imposed by the court and to the 7. By the same token however, it can be said that
supervision of a probation officer probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the
philosophy of the general public and of many
PROBATION IS A ADMINISTRATIVE Judges and legislators on the subjects.
PROCESS
Once the court has granted probation to an 8. An adequate correctional system will place
offender and has duly imposed the terms and great reliance on appropriately funded and
conditions of the probation, the probation officer manned probation services.
has the bounden duty to see to it that the
probationer observes all terms and conditions 9. Imprisonment as a sole cure for prevalence of
imposed by the court. Crime is no Longer recognized.

The primary purposes of probation supervision are: 10. It is generally concealed that probation a
(a) To carry out the conditions set forth in the matter of privilege to be granted refused at
probation order; discretion of the State.
(b) To ascertain whether the probationer is
following said conditions; and 11. No violation of probation conditions should
(c) To bring about the rehabilitation of the result in automatic revocation;
probationer and his reintegration
into the community.
12. No physical would undertake to prescribe 3. It reduces the incidence of recidivism.
treatment for sick man unless he has repot of his 4. It extends to offenders individualized and
ailment and condition (diagnosis), a judge should community based treatment programs instead of
not pass judgment on a man without post-sentence imprisoning them.
investigation report. 5. It is limited to offenders who are likely to
respond favorably there to.
6. It is less costly than the confinement of all
offenders in prisons.
IV. OBJECTIVES AND PURPOSE OF
PROBATION
III. ELEMENTS AND CHARACTERISTICS
OF PROBATION A. OBJECTIVES OF PROBATION
A. ELEMENTS OF PROBATION
The following are the fundamental
a. FOUR (4) ESSENTIAL ELEMENTS OF objectives of a Probation Agency
PROBATION
1. Assist the court in matters pertaining to
1. A post sentence investigation report which will sentencing
serve as the informational for the court’s decision 2. Promote community protection by supervising
to grant or deny probation. and monitoring the
activities of persons on probation
2. The conditional suspension of execution of 3. Promote the betterment of offenders by
sentence by the court. ensuring that they receive
appropriate rehabilitation services
3. Condition of probation imposed by the court to
protect public safety and to faster the
rehabilitation and reformation of the probationer. B. THE PURPOSE OF THE PROBATION
LAW
4. Supervision, guidance and assistance of the The purpose of the Probation Law as
offender by a probation officer. stated in Section 2 thereof reiterates the above-
mentioned characteristics and vests in them the
mandate of law. It provides that the purpose of the
b. ESSENTIAL ELEMENTS OF THE Decree is to:
PROBATION SYSTEM UNDER 1. Promote the correction and rehabilitation of an
PRESIDENTIAL DECREE NO. 968 offender by providing him with individualized
treatment;
The following are the essential elements 2. provide an opportunity for the reformation of a
of the probation system under Presidential Decree penitent offender which might be less probable if
No. 968: he were to serve a prison sentence; and
3. Prevent the commission of offenses.
1. Probation is a single or one-time" affair.
2. Probation system is highly selective. V. ADVANTAGES, BENEFITS AND
3. Persons under probation retain their civil rights, SAVINGS OF PROBATION
like the right to vote, or practice one's profession,
or exercise parental or marital authority. A. ADVANTAGES OF PROBATION
The implementation of the Probation Law
B. CHARACTERISTICS OF PROBATION will confer benefits and advantages not only to
1. More enlightened and humane correctional society in general but more soon the part of the
treatment. offender and the government. Specifically the
2. It aims to promote the reformation of the following are the advantage of probation:
offenders.
1. Probation prevents crime by offering freedom 5. It helps the offender
and aid only to those who are not likely to assault a. it maintains his earning power
society again. b. it provides rehabilitation in the community
2. It protects the society by placing under close c. it restores his dignity
supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the 6. It justifies the philosophy of men
community. a. that life is sacred
3. It conform the modern humanistic trends in b. that all men deserve a second chance
Penology. c. that and individual can change
4. It prevents youthful of first time offenders from d. that society has the moral obligation to lift the
turning into hardened criminals. fallen
5. It is a measure of cutting enormous expends in
maintaining jails. C. SAVINGS OF PROBATION
6. It reduces recidivism and overcrowding of jails The following are the savings of
and prisons. probation:
7. It reduces the burden of police forces and
institution in feeding and guarding detainees. 1. Probation is one tenth the cost of detention. As
8. It gives the first and light offenders a second illustrated, the per capita cost of maintaining one
chance in life. offender in the Philippines is estimated at Php
9. It makes the offender productive or taxpayers 11,000.00 annually, while it costs only Php
instead of tax eaters. 300.00 to maintain one offender on probation.
10.It restores to successful probationers his civil
rights which was previously lost or suspended as a 2. This means savings of Php 30,000.00 when
result of conviction. 10,000 of 40,000 offenders are on probation
11.It has been proven effective in developing annually. It is expected that at least one third of
countries that have adopted it. the prisons and jail population in the country
12.It is advocated by the United Nations in its would benefit from probation.
various congresses in crime prevention and
treatment of offenders 3. The average per capita income of a Filipino in
2003 according to the National Statistics and
B. BENEFITS OF PROBATION Coordination Board (NSCB) was Php 30,703.00.
Probation has the following benefits: It means that when 10,000 probationers are
1. It protects society making a living they will produce Php
a. from the excessive cost of detention 307,030,000.00 in goods and service annually. A
b. from the high rate of recidivism of detained part of this goes to the government in forms of
offender taxes. Indeed, detention makes tax eaters while
probation makes TAX PAYERS.
2. It protects the victim
a. it provides restitution 4. The cost of constructing and preparing prisons
b. it preserves justice and jails is enormous which would run to at least
Php10,000,000 annually in order to accommodate
3. It protects the family 40,000 offenders.
a. it does not deprive the wife and children of
husband and father 5. The probation system saves the government a
b. it maintains the unity of a home total of Php 4.678 Billion in terms of prisoners
maintenance in jails and prisons all over the
4. It assists the government country.
a. it reduces the population of prisons and jail
b. it lessens the clogging of courts 6. Philippine Probation System adheres to the
c. it lightens the load of prosecutors concept of Restorative Justice.Thus, a total of Php
137.923 Million has been paid to clients’ victims
and/or their heirs 7. The application for probation may be in any
form, whether written or oral.
7. The biggest savings of probation aside from
money are, however, in the forms of human 8. Defendant is not entitled as a matter of right to
resources, dignity, time and opportunity for the assistance of counsel in the investigation.
development, which are most needed by our 9. Neither is the constitutional guarantee against
society. self-incrimination that no person shall be
VI. PROBLEM AREAS OF THE compelled to be a witness against himself,
PROBATION LAW available in the investigation.

1. Presidential Decree No. 968 will cover civilians 10. Pending submission of the investigation report
tried and convicted by military tribunals. Section and the resolution of the petition for probation, the
1 provides: "it shall apply to all offenders except defendant may be allowed on temporary liberty
those entitled to the benefits under the provisions under his bail filed in the criminal case, or on
of Presidential Decree No. 603 and similar laws." recognizance.
What are the "similar laws" referred to in Section
1? 11. While the grant or denial of probation is not
appeal-able, certiorari will lie, under the general
2. Two can readily be mentioned-The Dangerous law on certiorari.
Drugs Act of 1972 and the Articles of War.The
cut-off point at six years imprisonment for 12.The grant of probation does not erase, modify
extending the benefits of probation refers to the of otherwise affect the offender's CIVIL
sentence actually imposed, not that prescribed by LIABILITY.
law for the offense committed.

3. The probation law does not disqualify one who VII.PROBATION UNDER PD NO. 603 AS
has been convicted of an offense penalized by AMENDED BY REPUBLIC ACT NO. 9344
DESTIERRO The Presidential Decree (PD) 603 is
known as the Child and Youth Welfare Code. The
4. Probation, it is argued, as laid out by the Decree Decree was signed by his Excellency President
is primarily a judicial function, while the service Ferdinand Marcos on December 10, 1974 and
or execution of sentence is an executive one. took effect on June 10, 1975.
Therefore, according to this view, offenders who
are already serving sentence, no matter when they Presidential Decree No. 603 applies to
start or may be found to be serving sentence, are youthful offenders. It suspends the sentence of
NOT qualified for the benefits of the Decree. minor offenders whose ages range from 9 years
old but not more than 21 years old (now 18) the
5. It cannot be made at any time after conviction time of the commission of the offense and places
and sentence, but rather extends only up to the them to rehabilitation center.
actual commitment of the defendant to prison for
the service of his sentence, and not thereafter. RELATED PROVISIONS UNDER
REPUBLIC ACT NO. 9344
6. The rule of automatic withdrawal of pending Sec. 5 of Republic act No. 9344: Rights of the
appeal applies in case the application for Child in Conflict with the Law. - Every child in
probation is made when the appellate court has conflict with the law shall have the following
already rendered its decision, there being no rights, including but not limited to:
indication in the probation law to the contrary, and
the operation of such rule being in accordance Sec. 42 of Republic act No. 9344: Probation as
with the maxim that laws should be liberally an Alternative to Imprisonment. - The court
construed in favor of the accused. may, after it shall have convicted and sentenced a
child in conflict with the law, and upon custody of the court which heard his application
application at any time, place the child on for probation. Section 4 of the Probation Decree
probation in lieu of service of his/her sentence requires that defendant should apply for probation.
taking into account the best interest of the child.
For this purpose, Section 4 of Presidential Decree PROBATION 2
No. 968, otherwise known as the "Probation Law
of 1976", is hereby amended accordingly. FULL TEXT OF EXECUTIVE ORDER NO.
292 - ADMINISTRATIVE CODE OF 1987;
[BOOK IV/TITLE III/CHAPTER 7-PAROLE
Sec. 43 of Republic act No. 9344: AND PROBATION ADMINISTRATION]
Confidentiality of Records and Proceedings. -
All records and proceedings involving children in CHAPTER 7
conflict with the law from initial contact until PAROLE AND PROBATION
final disposition of the case shall be considered ADMINISTRATION
privileged and confidential.
Section 23.Parole and Probation
Sec. 67 of Republic act No. 9344: Children Administration. - The Parole and Probation
Who Reach the Age of Eighteen (18) Years Administration hereinafter referred to as the
Pending Diversion and Court Proceedings. - If Administration shall have the following functions:
a child reaches the age of eighteen (18) years a. Administer the parole and probation system;
pending diversion and court proceedings, the b. Exercise general supervision over all parolees
appropriate diversion authority in consultation and probationers;
with the local social welfare and development c. Promote the correction and rehabilitation of
officer or the Family Court in consultation with offenders; and
the Social Services and Counseling Division d. Such other functions as may hereafter be
(SSCD) of the Supreme Court. provided by law.

DISTINCTION BETWEEN PROBATION Section 24.Structural and Personnel

UNDER PRESIDENTIAL DECREE Organization. -
NO. 603 AND UNDER PRESIDENTIAL a. The Administration shall be headed by an
DECREE NO. 968 Administrator who shall be immediately assisted
by a Deputy Administrator. The Administrator
Presidential Decree No. 603 and Deputy Administrator shall be appointed by
Under Presidential Decree No. 603 the the resident upon the recommendation of the
youthful offender is neither convicted nor Secretary. The appointees to the positions of
sentenced although the court finding him guilty Administrator and Deputy Administrator must be
determines the imposable penalty and orders his holders of a doctoral/masteral degree in public
commitment as a matter of course to any of the administration and/or lawyers with at least one
trustees for his correction and rehabilitation, even year of supervisory experience in probation work.
without his asking for it and without any prior
investigation. b. The Administration shall have a Technical
Service under the Office of the Administrator
Presidential Decree No. 968 which shall serve as the service arm of the Board
Under Presidential Decree No. 968, the of Pardons and Parole in the supervision of
offender is convicted and sentenced. Section 3 parolees and pardonees. The Board and the
defines probation as a disposition under which a Administration shall jointly determine the staff
defendant, after conviction and sentence, is complement of the Technical Service.
released subject to conditions imposed by the
court and to the supervision of a probation officer. c. The Administration shall likewise continue to
The probationer is not committed to any operate and maintain a Regional Office in each of
institution but is set free under the constructive the administrative regions including the National
Capital Region and also a probation and parole determination by the court that the ends of justice
office in every province and city of the country. and the best interest of the public as well as that of
The Regional, Provincial and City Offices of the the defendant will be served thereby..
Administration shall each be headed by a
Regional Probation and Parole Officer, Sec. 6. Form of Investigation Report. — The
Provincial/City Probation and Parole Officer, investigation report to be submitted by the
respectively, all of whom shall be appointed by probation officer under Section 5 hereof shall be
the Secretary upon the recommendation of the in the form prescribed by the Probation
Administrator. The Provincial or City Probation Administrator and approved by the Secretary of
and Parole Officer shall be assisted by such field Justice.
assistants and subordinate personnel as may be
necessary to enable them to carry out their duties Sec. 7. Period for Submission of Investigation
and functions. For this purpose, the Administrator Report. — The probation officer shall submit to
may appoint citizens of good repute and probity to the court the investigation report on a defendant
act as Probation and Parole Aides who shall not not later than sixty days from receipt of the order
receive any regular compensation for their of said court to conduct the investigation. The
services except reasonable travel allowance. court shall resolve the petition for probation not
later than five days after receipt of said report.
Section 25.Applicability of P.D. No. 968, as Pending submission of the investigation report
amended. - The Provisions of P.D. 968 otherwise and the resolution of the petition, the defendant
known as the Probation Law of 1976 shall may be allowed on temporary liberty under his
continue to govern the operation and management bail filed in the criminal case; Provided, That, in
of the Administration including the enumeration case where no bail was filed or that the defendant
of functions and qualifications for appointment of is incapable of filing one, the court may allow the
the Administrator, Deputy Administrators, release of the defendant on recognize to the
Regional, Provincial and City Probation Officers custody of a responsible member of the
and their assistants and other subordinate community who shall guarantee his appearance
personnel not inconsistent with this title. whenever required by the court.

PROBATION 3 Sec. 8. Criteria for Placing an Offender on

Probation. — In determining whether an offender
Sec. 4. Grant of Probation. — Subject to the may be placed on probation, the court shall
provisions of this Decree, the court may, after it consider all information relative, to the character,
shall have convicted and sentenced a defendant antecedents, environment, mental and physical
and upon application at any time of said defendant, condition of the offender, and available
suspend the execution of said sentence and place institutional and community resources. Probation
the defendant on probation for such period and shall be denied if the court finds that:
upon such terms and conditions as it may deem
best. Probation may be granted whether the (a) the offender is in need of correctional
sentence imposes a term of imprisonment or a fine treatment that can be provided most effectively by
only. An application for probation shall be filed his commitment to an institution; or
with the trial court, with notice to the appellate
court if an appeal has been taken from the (b) there is undue risk that during the period of
sentence of conviction. The filing of the probation the offender will commit another crime;
application shall be deemed a waiver of the right or.
to appeal, or the automatic withdrawal of a
pending appeal. An order granting or denying (c) probation will depreciate the seriousness of the
probation shall not be appeal-able. offense committed..
Sec. 5. Post-sentence Investigation. — No Sec. 9. Disqualified Offenders. — The benefits
person shall be placed on probation except upon of this Decree shall not be extended to those:
prior investigation by the probation officer and a
(a) sentenced to serve a maximum term of (j) reside at premises approved by it and not to
imprisonment of more than six years; change his residence without its prior written
approval; or
(b) convicted of any offense against the security (k) satisfy any other condition related to the
of the State; rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
(c) who have previously been convicted by final freedom of conscience.
judgment of an offense punished by imprisonment
of not less than one month and one day and/or a Sec. 11. Effectivity of Probation Order. — A
fine of not less than Two Hundred Pesos; probation order shall take effect upon its issuance,
at which time the court shall inform the offender
(d) who have been once on probation under the of the consequences thereof and explain that upon
provisions of this Decree; and his failure to comply with any of the conditions
prescribed in the said order or his commission of
(e) who are already serving sentence at the time another offense, he shall serve the penalty
the substantive provisions of this Decree became imposed for the offense under which he was
applicable pursuant to Section 33 hereof. placed on probation.

Sec. 10. Conditions of Probation. — Every Sec. 12. Modification of Condition of Probation.
probation order issued by the court shall contain — During the period of probation, the court may,
conditions requiring that the probationer shall: upon application of either the probationer or the
probation officer, revise or modify the conditions
present himself to the probation officer or period of probation. The court shall notify
designated to undertake his supervision at such either the probationer or the probation officer of
place as may be specified in the order within the filing of such an application so as to give both
seventy-two hours from receipt of said order;. parties an opportunity to be heard thereon.. The
court shall inform in writing the probation officer
(b) report to the probation officer at least and the probationer of any change in the period or
once a month at such time and place as specified conditions of probation.
by said officer. The court may also require the
probationer to: Sec. 13. Control and Supervision of
(a) cooperate with a program of supervision; Probationer. — The probationer and his
(b) meet his family responsibilities; probation program shall be under the control of
(c) devote himself to a specific employment and the court who placed him on probation subject to
not to change said employment without the prior actual supervision and visitation by a probation
written approval of the probation officer; officer. Whenever a probationer is permitted to
(d) undergo medical, psychological or psychiatric reside in a place under the jurisdiction of another
examination and treatment and enter and remain court, control over him shall be transferred to the
in a specified institution, when required for that Executive Judge of the Court of First Instance of
purpose;. that place, and in such a case, a copy of the
(e) pursue a prescribed secular study or vocational probation order, the investigation report and other
training; pertinent records shall be furnished said Executive
(f) attend or reside in a facility established for Judge. Thereafter, the Executive Judge to whom
instruction, recreation or residence of persons on jurisdiction over the probationer is transferred
probation; shall have the power with respect to him that was
(g) refrain from visiting houses of ill-repute; previously possessed by the court which granted
(h) abstain from drinking intoxicating beverages the probation.
to excess;
(i) permit the probation officer or an authorized Sec. 14. Period of Probation. —
social worker to visit his home and place of work; 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 privileged and shall not be disclosed directly or
all other cases, said period shall not exceed six indirectly to anyone other than the Probation
years. Administration or the court concerned, except that
the court, in its discretion, may permit the
b. When the sentence imposes a fine only and the probationer of his attorney to inspect the
offender is made to serve subsidiary imprisonment aforementioned documents or parts thereof
in case of insolvency, the period of probation shall whenever the best interest of the probationer
not be less than nor to be more than twice the total makes such disclosure desirable or helpful:
number of days of subsidiary imprisonment as Provided, Further, That, any government office or
computed at the rate established, in Article thirty- agency engaged in the correction or rehabilitation
nine of the Revised Penal Code, as amended..chan of offenders may, if necessary, obtain copies of
robles virtual law library. said documents for its official use from the proper
court or the Administration..
Sec. 15. Arrest of Probationer; Subsequent
Disposition. — At any time during probation, the Sec. 18. The Probation Administration. —
court may issue a warrant for the arrest of a There is hereby created under the Department of
probationer for violation of any of the conditions Justice an agency to be known as the Probation
of probation. The probationer, once arrested and Administration herein referred to as the
detained, shall immediately be brought before the Administration, which shall exercise general
court for a hearing, which may be informal and supervision over all probationers. The
summary, of the violation charged. The defendant Administration shall have such staff, operating
may be admitted to bail pending such hearing. In units and personnel as may be necessary for the
such a case, the provisions regarding release on proper execution of its functions.
bail of persons charged with a crime shall be
applicable to probationers arrested under this Sec. 19. Probation Administration. — The
provision. If the violation is established, the court Administration shall be headed by the Probation
may revoke or continue his probation and modify Administrator, hereinafter referred to as the
the conditions thereof. If revoked, the court shall Administrator, who shall be appointed by the
order the probationer to serve the sentence President of the Philippines. He shall hold office
originally imposed. An order revoking the grant of during good behavior and shall not be removed
probation or modifying the terms and conditions except for cause. The Administrator shall receive
thereof shall not be appealable. an annual salary of at least forty thousand pesos.
His powers and duties shall be to:
Sec. 16. Termination of Probation. — After the
period of probation and upon consideration of the (a) act as the executive officer of the
report and recommendation of the probation Administration;
officer, the court may order the final discharge of (b) exercise supervision and control over
the probationer upon finding that he has fulfilled all probation officers;.
the terms and conditions of his probation and (c) make annual reports to the Secretary
thereupon the case is deemed terminated. The of Justice, in such form as the latter may prescribe,
final discharge of the probationer shall operate to concerning the operation, administration and
restore to him all civil rights lost or suspend as a improvement of the probation system;.
result of his conviction and to fully discharge his (d) promulgate, subject to the approval of
liability for any fine imposed as to the offense for the Secretary of Justice, the necessary rules
which probation was granted. The probationer and relative to the methods and procedures of the
the probation officer shall each be furnished with probation process;
a copy of such order. (e) recommend to the Secretary of Justice
the appointment of the subordinate personnel of
Sec. 17. Confidentiality of Records. — The his Administration and other offices established in
investigation report and the supervision history of this Decree; and
a probationer obtained under this Decree shall be
 (f) generally, perform such duties and Sec. 23. Provincial and City Probation Officers.
exercise such powers as may be necessary or — There shall be at least one probation officer in
incidental to achieve the objectives of this Decree. each province and city who shall be appointed by
the Secretary of Justice upon recommendation of
Sec. 20. Assistant Probation Administrator. — the Administrator and in accordance with civil
There shall be an Assistant Probation service law and rules. The Provincial or City
Administrator who shall assist the Administrator Probation Officer shall receive an annual salary of
perform such duties as may be assigned to him by at least eighteen thousand four hundred pesos. His
the latter and as may be provided by law. In the duties shall be to:.
absence of the Administrator, he shall act as head (a) investigate all persons referred to him
of the Administration.. He shall be appointed by for investigation by the proper court or the
the President of the Philippines and shall receive Administrator;
an annual salary of at least thirty-six thousand (b) instruct all probationers under his
pesos. supervision or that of the probation aide on the
terms and conditions of their probations;
Sec. 21. Qualifications of the Administrator (c) keep himself informed of the conduct
and Assistant Probation Administrator. — To and condition of probationers under his charge
be eligible for Appointment as Administrator or and use all suitable methods to bring about an
Assistant Probation Administrator, a person must improvement in their conduct and conditions;
be at least thirty-five years of age, holder of a (d) maintain a detailed record of his work
master's degree or its equivalent in either and submit such written reports as may be
criminology, social work, corrections, penology, required by the Administration or the court having
psychology, sociology, public administration, law, jurisdiction over the probationer under his
police science, police administration, or related supervision;
fields, and should have at least five years of (e) prepare a list of qualified residents of
supervisory experience, or be a member of the the province or city where he is assigned who are
Philippine Bar with at least seven years of willing to act as probation aides;
supervisory experience. (f) supervise the training of probation
aides and oversee the latter's supervision of
Sec. 22. Regional Office; Regional Probation probationers;
Officer. — The Administration shall have (g) exercise supervision and control over all field
regional offices organized in accordance with the assistants, probation aides and other personnel;
field service area patterns established under the and
Integrated Reorganization Plan. Such regional (h) perform such duties as may be assigned by the
offices shall be headed by a Regional Probation court or the Administration..
Officer who shall be appointed by President of the Sec. 24. Miscellaneous Powers of Provincial and
Philippines in accordance with the Integrated City Probation Officers. — Provincial or City
Reorganization Plan and upon the Probation Officers shall have the authority within
recommendation of the Secretary of Justice. The their territorial jurisdiction to administer oaths and
Regional Probation Officer shall exercise acknowledgments and to take depositions in
supervision and control over all probation officer connection with their duties and functions under
within his jurisdiction and such duties as may be this Decree. They shall also have, with respect to
assigned to him by the Administrator. He shall probationers under their care, the powers of a
have an annual salary of at least twenty-four police officer.
thousand pesos. He shall, whenever necessary, be Sec. 25. Qualifications of Regional, Assistant
assisted by an Assistant Regional Probation Regional, Provincial, and City Probation Officers.
Officer who shall also be appointed by the — No person shall be appointed Regional or
President of the Philippines, upon Assistant Regional or Provincial or City Probation
recommendation of the Secretary of Justice, with Officer unless he possesses at least a bachelor's
an annual salary of at least twenty thousand pesos. degree with a major in social work, sociology,
psychology, criminology, penology, corrections,
police science, police administration, or related carry out the purposes of this Decree. Thereafter,
fields and has at least three years of experience in the amount of at least Ten Million Five Hundred
work requiring any of the abovementioned Thousand Pesos or so much as may be necessary
disciplines, or is a member of the Philippine Bar shall be included in the annual appropriations of
with at least three years of supervisory experience. the national government.
Whenever practicable, the Provincial or City
Probation Officer shall be appointed from among Sec. 31. Repealing Clause. — All provisions of
qualified residents of the province or city where existing laws, orders and regulations contrary to
he will be assigned to work.. or inconsistent with this Decree are hereby
repealed or modified accordingly..
Sec. 26. Organization. — Within twelve months
from the approval of this Decree, the Secretary of Sec. 32. Separability of Provisions. — If any
Justice shall organize the administrative structure part, section or provision of this Decree shall be
of the Administration and the other agencies held invalid or unconstitutional, no other parts,
created herein. During said period, he shall also sections or provisions hereof shall be
determine the staffing patterns of the regional, affected thereby.
provincial and city probation offices with the end
in view of achieving maximum efficiency and Sec. 33. Effectivity. — This Decree shall take
economy in the operations of the probation effect upon its approval: Provided, However, That,
system.. the application of its substantive provisions
concerning the grant of probation shall only take
Sec. 27. Field Assistants, Subordinate effect twelve months after the certification by the
Personnel. — Provincial or City Probation Secretary of Justice to the Chief Justice of the
Officers shall be assisted by such field assistants Supreme Court that the administrative structure of
and subordinate personnel as may be necessary to the Probation Administration and of the other
enable them to carry out their duties effectively. agencies has been organized.

Sec. 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 B. FULL TEXT OF PRESIDENTIAL
and probity to act as probation aides. Probation DECREE NO. 1257
Aides shall not receive any regular compensation
for services except for reasonable travel allowance. PRESIDENTIAL DECREE No. 1257
They shall hold office for such period as may be AMENDING CERTAIN SECTIONS OF
determined by the Probation Administrator. Their PRESIDENTIAL DECREE NUMBERED 1968,
qualifications and maximum case loads shall be OTHERWISE KNOWN AS THE
provided in the rules promulgated pursuant to this PROBATION LAW OF 1976
Decree..
- WHEREAS, the need to strengthen certain
Sec. 29. Violation of Confidential Nature of provisions of Presidential Decree No. 968,
Probation Records. — The penalty of otherwise known as the Probation Law of 1976,
imprisonment ranging from six months and one has surfaced in the nationwide seminars which
day to six years and a fine ranging from six introduced said law to judges, fiscals and private
hundred to six thousand pesos shall be imposed law practitioners;
upon any person who violates Section 17 hereof.
Sec. 30. Appropriations. — There is hereby - WHEREAS, meeting such need would better
authorized the appropriation of the sum of Six ensure the achievement of its laudable objectives;
Million Five Hundred Thousand Pesos or so much
as may be necessary, out of any funds in the - NOW, THEREFORE, I, FERDINAND
National Treasury not otherwise appropriated, to E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers vested in me "Sec. 15. Arrest and Probationer;
by the Constitution, do hereby order and decree as Subsequent Disposition. At any time during
follows: probation, the court may issue a warrant for the
arrest of a probationer for any serious violation of
Section 1. Section 4 of Presidential Decree No. the conditions of probation. The probationer, once
968, otherwise known as the Probation Law of arrested and detained, shall immediately be
1976, is hereby amended to read as follows: brought before the court for a hearing of the
violation charged.
"Sec. 4. Grant of Probation. Subject to The defendant may be admitted to bail
the provisions of this Decree, the court may, pending such hearing. In such case, the provisions
after it shall have convicted and sentenced a regarding release on bail of persons charged with
defendant but before he begins to serve his a crime shall be applicable to probationers
sentence and upon his application, suspend the arrested under this provision. In the hearing,
execution of said sentence and place the defendant which shall be summary in nature, the probationer
on probation for such period and upon such terms shall have the right to be informed of the violation
and conditions as it may deem best. The charged and to adduce evidence in his favor.
prosecuting officer concerned shall be notified by The court shall not be bound by the
the court of the filling of the application for technical rules of evidence but may be inform
probation and he may submit his comment on itself of all the facts which are material and
such application within ten days from receipt of relevant to ascertain the veracity of the charge.
the notification. Probation may be granted The State shall be represented by a prosecuting
whether the sentence impose a term of officer in any contested hearing.
imprisonment or a fine with subsidiary If the violation is established, the court
imprisonment in case of insolvency. An may revoke or continue his probation and modify
application for probation shall be filed with trial conditions thereof. If revoked, the court shall
court, with notice to appellate court if an appeal order the probationer to serve the sentence
has been taken from the sentence of conviction. originally imposed. An order revoking the grant of
The filling of the application shall be deemed a probation or modifying the terms and conditions
waiver of the right to appeal, or the automatic thereof shall not be appealable.
withdrawal of a pending appeal. In the latter case
however, if the application is filed on or after the " Section 4. Section 33 of the same
date of the judgment of the appellate court. An Decree is hereby amended to read as follows:
order granting or denying probation shall not be
appealable." "Sec. 33. Effectivity. This Decree shall
take effect upon its approval: Provided, However,
Section 2. The first paragraph of Section 7 of That the application of its substantive provisions
the same Decree is hereby amended to read as concerning the grant of probation shall only take
follows: effect on January 3, 1978.

"Sec. 7. Period for Submission of " Section 5. This Decree shall take effect
Investigation Report. The probation officer shall immediately. Done in the City of Manila, this 1st
submit to the court the investigation report on a day of December, in the year of Our Lord, 1997
defendant not later than sixty days from receipt of
the order of said court to conduct the investigation. C. BATAS PAMBANSA BLG. 76
The court shall resolve the application for AN ACT AMENDING
probation not later than fifteen days after receipts PRESIDENTIAL DECREE NO. 1968 AS
of said report." AMENDED, OTHERWISE KNOWN AS THE
PROBATION LAW OF 1976, SO AS TO
Section 3. Section 15 of the same Decree is EXPAND ITS COVERAGE.
hereby amended to read as follows:
Section 1. Section 9 of Presidential Decree No. .- WHEREAS, the time, effort and expenses of the
1968, as amended by Presidential Decree No. Government in investigating and prosecuting
1257, is hereby further amended to read as follows: accused persons from the lower courts up to the
"Sec. 9. Disqualified Offenders. — The Supreme Court, are oftentimes rendered nugatory
benefits of this Decree shall not be extended to when, after the appellate Court finally affirms the
those: sentenced to serve a maximum term of judgment of conviction, the defendant applies for
imprisonment of more than six years and one day; and is granted probation;
.
a. Convicted of any offense against the security of .- WHEREAS, probation was not intended as an
the State; escape hatch and should not be used to obstruct
and delay the administration of justice, but should
b. Who have previously been convicted by final be availed of at the first opportunity by offenders
judgment of an offense punished by imprisonment who are willing to be reformed and rehabilitated; .
of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos; and .- WHEREAS, it becomes imperative to remedy
the problems above mentioned confronting our
c. Who have been once on probation under the probation system.
provisions of this Decree. .
NOW, THEREFORE, I, FERDINAND E.
" Sec. 2. Notwithstanding the provision of MARCOS, President of the Philippines, by virtue
the Probation Law of 1976, any person sentenced of the powers vested in me by the Constitution, do
to maximum penalty of six years and one day on hereby decree:
January 3, 1978 and thereafter may be placed on . Section 1. Section 4 of Presidential Decree No.
probation upon his application therefore with the 968 is hereby amended to read as follows:
court of origin. However, such person serving "Sec. 4. Grant of Probation. — Subject
sentence at the effectivity of this Act shall remain to the provisions of this Decree, the trial court
in jail pending the approval of his application. may, after it shall have convicted and sentenced a
defendant, and upon application by said defendant
Sec. 3. This Act shall take effect upon its within the period for perfecting an appeal,
approval. Approved: June 13, 1980 suspend the execution of the sentence and place
the defendant on probation for such period and
D. PRESIDENTIAL DECREE NO. 1990 upon such terms and conditions as it may deem
best;
AMENDING PRESIDENTIAL
DECREE NO. 968, OTHERWISE KNOWN Provided, That no application for
AS THE PROBATION LAW OF 1976. probation shall be entertained or granted if the
defendant has perfected the appeal from the
.- WHEREAS, it has been the sad experience that judgment of conviction. "Probation may be
persons who are convicted of offenses and who granted whether the sentence imposes a term of
may be entitled to probation still appeal the imprisonment or a fine only. An application for
judgment of conviction even up to the Supreme probation shall be filed with the trial court. The
Court, only to pursue their application for filing of the application shall be deemed a waiver
probation when their appeal is eventually of the right to appeal. "An order granting or
dismissed;. denying probation shall not be appealable." .

.- WHEREAS, the process of criminal Sec. 2. Section 9 of Presidential Decree

investigation, prosecution, conviction and appeal No. 968 is hereby amended to read as follows: .
entails too much time and effort, not to mention "Sec. 9. Disqualified Offenders. — The
the huge expenses of litigation, on the part of the benefits of this Decree shall not be extended to
State;. those:
 a. sentenced to serve a maximum term of Presidential Decree No. 603 applies to
imprisonment of more than six years; . youthful offenders. It suspends the sentence of
b. convicted of subversion or any crime minor offenders whose ages range from 9 years
against the national security or the public order; old but not more than 21 years old (now 18) the
c. who have previously been convicted by time of the commission of the offense and places
final judgment of an offense punished by them to rehabilitation center.
imprisonment of not less than one month and one It states, "if after hearing the evidence in
day and/or a fine of not less than Two Hundred the proper proceedings, the court should find that
Pesos. the youthful offender has committed the acts
d. who have been once on probation under charged against him, the court shall determine the
the provisions of this Decree; and imposable penalty, including any civil liability
e. who are already serving sentence at the chargeable against him.
time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof." However, instead of pronouncing
judgment of conviction, the court shall suspend
. Sec. 3. The provisions of Section 4 of further proceedings and shall commit such minor
Presidential Decree No. 968, as above amended, to the custody or care of the Department of Social
shall not apply to those who have already filed Welfare, or to any training institution operated by
their respective applications for probation at the the government, or duly licensed agencies or any
time of the effectivity of this Decree. . other responsible person, until he shall have
Sec. 4. All laws, decrees, executive or reached 21 years of age (now 18), or for a shorter
administrative orders, rules and regulations, or period as the court may deem proper.
parts thereof, inconsistent with this Decree, are
hereby repealed, amended or modified NOTA BENE: The age of minority is
accordingly. . lowered from 21 to 18 years old.

Sec. 5. This Decree shall take effect after

fifteen (15) days following its publication in the RELATED PROVISIONS UNDER
Official Gazette. DONE in the City of Manila, this REPUBLIC ACT NO. 9344
October 5, 1985..
Sec. 5 of Republic act No. 9344: Rights
of the Child in Conflict with the Law. - Every
PROBATION 4 child in conflict with the law shall have the
following rights, including but not limited to:
VII. PROBATION UNDER PD NO. 603 AS
AMENDED BY REPUBLIC ACT NO. 9344 (m) the right to probation as an alternative to
imprisonment, if qualified under the Probation
The Presidential Decree (PD) 603 is Law;
known as the Child and Youth Welfare Code.
Sec. 42 of Republic act No. 9344: Probation as
The Decree was signed by his Excellency an Alternative to Imprisonment. - The court
President Ferdinand Marcos on December 10, may, after it shall have convicted and sentenced a
1974 and took effect on June 10, 1975. child in conflict with the law, and upon
application at any time, place the child on
It provides for the grant of probation to probation in lieu of service of his/her sentence
youthful offender as an alternative to taking into account the best interest of the child.
imprisonment. It is considered as the second For this purpose, Section 4 of Presidential
probation law of the Philippines which is intended Decree No. 968, otherwise known as the
only for minors. "Probation Law of 1976", is hereby amended
accordingly.
 Sec. 43 of Republic act No. 9344: case the appropriate court executes the judgment
Confidentiality of Records and Proceedings. - of conviction, and unless the child in
All records and proceedings involving children in conflict the law has already availed of probation
conflict with the law from initial contact until under Presidential Decree No. 603 or other similar
final disposition of the case shall be considered laws, the child may apply for probation if
privileged and confidential. qualified under the provisions of the Probation
The public shall be excluded during the Law.
proceedings and the records shall not be disclosed
directly or indirectly to anyone by any of the DISTINCTION BETWEEN PROBATION
parties or the participants in the proceedings for UNDER PRESIDENTIAL DECREE NO. 603
any purpose whatsoever, AND UNDER PRESIDENTIAL DECREE NO.
968
EXCEPT to determine if the child in
conflict with the law may have his/her sentence Presidential Decree No. 603 the youthful
suspended or if he/she may be granted probation offender is neither convicted nor sentenced
under the Probation Law, or to enforce the civil although the court finding him guilty determines
liability imposed in the criminal action. The the imposable penalty and orders his commitment
component authorities shall undertake all as a matter of course to any of the trustees for his
measures to protect this confidentiality of correction and rehabilitation, even without his
proceedings, including non-disclosure of records asking for it and without any prior investigation
to the media, maintaining a separate police blotter
for cases involving children in conflict with the
law and adopting a system of coding to conceal Presidential Decree No. 968 the offender is
material information which will lead to the child's convicted and sentenced. Section 3 defines
identity. probation as a disposition under which a
defendant, after conviction and sentence, is
Records of a child in conflict with the law released subject to conditions imposed by the
shall not be used in subsequent proceedings for court and to the supervision of a probation officer.
cases involving the same offender as an adult,
except when beneficial for the offender and upon The probationer is not committed to any
his/her written consent. institution but is set free under the constructive
custody of the court which heard his application
A person who has been in conflict with for probation. Section 4 of the Probation Decree
the law as a child shall not be held under any requires that defendant should apply for probation.
provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry
made to him/her for any purpose.

Sec. 67 of Republic act No. 9344: Children

Who Reach the Age of Eighteen (18) Years
Pending Diversion and Court Proceedings. - If
a child reaches the age of eighteen (18) years
pending diversion and court proceedings, the
appropriate diversion authority in consultation
with the local social welfare and development
officer or the Family Court in consultation with
the Social Services and Counseling Division
(SSCD) of the Supreme Court, as the case may be,
shall determine the appropriate disposition. In
 MATTHEW DAVENPORT BERNABE BUSCAYNO
HILL

Bernabe Buscayno, Victor Corpuz, Ninoy

TEODULO C. NATIVIDAD Aquino Jr.

Bernabe Buscayno & President Ferdinand

Marcos Sr.

CONG. RAMON VICTOR CORPUZ

BAGATSING
 BASIC PRINCIPLES UNDERLYING THE
PHILOSOPHY OF COMMUNITY- BASED
TREATMENT PROGRAMS

1. Humanitarian Aspect
2. Restorative Aspect
3. Managerial Aspect

MARCIAL AMA PRESIDENT MARCOS

SR.

LAW AND DECREES USUALLY AVAILED

OF TO DECONGEST JAILS
1. Presidential Decree No. 603
2. Batas Pambansa Bilang 85
3. Article 96 of the Revised Penal Code
4. DOJ Memorandum Circular no. 6
5. Republic Act No. 9165- Comprehensive
Dangerous Drug Act of 2002
(July 4, 2002)
6. Republic Act No. 9344 – Juvenile & Justice
welfare Act of 2006 (May)
7. Republic Act No. 6036
8. Republic Act No. 6127
9. Republic Act No. 4103
10. Presidential Decree No. 968 July 24, 1976