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Non-Institutional Correction 2

Probation, derived from the Latin 'probare', is a court-granted privilege allowing convicted individuals to remain in the community under supervision instead of serving time in prison. It involves individualized treatment programs and the conditional suspension of sentences, with a focus on rehabilitation. The history of probation includes its introduction in the Philippines during the American Colonial period, the establishment of a formal probation system in 1976, and the contributions of key figures like Teodulo Natividad and John Augustus.

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9 views3 pages

Non-Institutional Correction 2

Probation, derived from the Latin 'probare', is a court-granted privilege allowing convicted individuals to remain in the community under supervision instead of serving time in prison. It involves individualized treatment programs and the conditional suspension of sentences, with a focus on rehabilitation. The history of probation includes its introduction in the Philippines during the American Colonial period, the establishment of a formal probation system in 1976, and the contributions of key figures like Teodulo Natividad and John Augustus.

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PROBATION

- Term was derived from the Latin verb “probare” which means to prove or to
test according to John Augustus (Father of Probation)
- It is a disposition under which a convicted individual is released subject to the
conditions imposed by the court and to the supervision of a probation officer.
- It is a privilege granted by the court to a person convicted of a criminal offense
to remain in the community instead of actually going to prison/jail.

BASIC CONCEPT OF PROBATION


1. As a system of instruction
- the probationer will be placed under the supervision of probation officer
who shall be directly in charge of supervising and monitoring the progress of
the rehabilitation program based on the conditions imposed by the court.

2. Suspended Imposition of Sentence


-Probation consist of the conditional suspension of the execution of
sentence while the convict is placed under the supervision and is given
individual guidance and treatment programs.

3. Provision for Individualize Treatment Program


-the basic purpose for probation is to provide an individualized treatment
program offering a first time or unhardened convict as an opportunity to be
rehabilitated without institutional confinement or imprisonment under the
supervision of a probation officer and under the continuing power of the court
to impose institutional punishment for his original offense in the event that he
abuse such opportunity, courts have wide discretion to accomplish such intent

Predecessors of Probation
1. Money compensation
-Which is a precursor of our use of fines and restitution today
2. Cities of Refuge
- Sanctuaries where the accused was safe pending an investigation of his
criminal responsibility-h
3. Benefit of the Clergy
-earliest device for softening brutal severity of punishment
4. Judicial Reprieve
-A temporary withholding of sentence, where they grant reprieves to
prisoner under sentence of death on condition that they accept deportation
and transportation
4. Banishment
-Any description of the treatment of crime (England) must include the
system of transportation to her colonies, (principal method of disposing
offenders)
-Expulsion from a country or a place
5. Recognizance
-The direct ancestor of probation means “binding over for good behaviour
Evolution of Probation

- Harsh Punishment were imposed on adults and children alike for offenses that
were not always of serious nature during the Middle Ages. Sentence such as
branding, flogging,mutilation, and execution were common.
- To mitigate this in humane punishment variety of measures were devised and
adopted. Royal pardons could be purchased by the accused. Crimes could be
devalued by the court so that offenders could be charge of lesser crime.
Methods such as benefit of clergy, judicial reprieve, sanctuary, and abjuration
offered offenders a degree of protection from the enactment of harsh
sentence.
- Eventually, the courts began the practice of “binding over for good behavior,”
a form of temporary release during which offenders could take measures to
secure pardons or lesser sentences, certain courts began suspending
sentence.
- In United States practices were being developed “Security for good behavior,”
also known as “good aberrance” was much like modern bail: the accused paid
a fee as collateral for good behaviour. Filing was also practiced in cases that
did not demand an immediate sentence. Using this procedure, indictments
were “laid on file” or held in abeyance. To mitigate unreasonable mandatory
penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American prctices
were precursors to probation, it is the early use of recognizance and
suspended sentence that are directly related to the modern probation.

Pioneers in the Field of Probation

Matthew Davenport Hill- father of Probation in England


-English barrister and just
- English lawyer and penology
- As a young professional in England, Hill has
witnessed the sentencing of youthful offenders to one-day
terms, on the condition that they will be returned to a
parent or guardian who would closely supervised them

John Augustus- father of Probation


-Boot maker
- recognized as the first true probation officer

Governor Alexander H Rice- signed the first probation law that was passed
by the legislature on Massachusetts on April 26, 1878

Edward H Savage- an ex- chief of Police Boston named as the first probation
officer

Gardner Tufts- Director of Massachusetts Board of State Charities and


Correction, reported in an address that the result of probation in case of
juvenile offenders
Calvin Coolidge- United States of America President who signed the
Federal Probation Act which is effective on March 4, 1925

John Marshall- United States Chief Justice who used his discretion in
modifying the prescribed penalties and gradually developed more humane
methods of dealing with violators of law.

HISTORY OF PROBATION IN THE PHILIPPINES

Teodulo Natividad- father of Probation in the Philippines

1. Probation was first introduced in the Philippines during the American


Colonial period (1898-1945) with the enactment of Act No. 4221 of the
Philippine Legislature on August 7, 1935. This law created a Probation
Office under the Department of Justice.
2. On November 16, 1937, after barely two years of existence, the Supreme
Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the laws of procedural framework.
3. In 1972, House Bill No.393 was filed in Congress by Congressman
Teodulo Natividad which would establish a probation system in the
Philippines.
4. In 1975, after 18 technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurist, penologist, civic
leaders and social and behavioral scientist and practitioner sponsored by
the NAPOLCOM and UP Law Center. The group overwhelming endorsed
the establishment of an Adult Probation System in the Country.
5. On July 24, 1976, Presidential Decree 968, also known as Adult Probation
Law of 1976, was signed into Law by the late President Ferdinand E
Marcos.
6. The start-up of the probation system in 1976-1977 was a massive
undertaking during which all judges and prosecutors nationwide were
trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers recruited and
trained, and the central agency and probation field offices organized
throughout the country. Fifteen selected probation officers were sent to
United States for orientation and training in probation administration.
7. The probation system started to operate on January 3, 1978. As more
probation officer were recruited and trained, more field officer were
opened.

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