Non-Institutional Correction
Non-Institutional Correction
Non-Institutional Correction
NON-INSTITUTIONAL CORRECTION
The fourth pillar takes over once the accused, after having been found guilty, is
meted out the penalty for the crime he committed. He can apply for probation or he could
be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the
municipal, provincial or national penitentiary depending on the length of the sentence
meted out.
CORRECTION defined:
1. Corrections is one branch of criminal justice concerned with the custody, supervision,
and rehabilitation of convicted offenders.
2. As a process, Correction refers to the reorientation or re-instruction of the criminal
offender in order to prevent him/her from repeating his deviant or delinquent actions.
In correcting the deviant behavior of the offender, the process does not consider the
necessity of taking punitive actions.
3. It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged offenders (Allen and
Simonsen, Corrections in America).
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
The Philippine Correctional System has two (2) approaches in treating criminal
offenders,
INSTITUTIONAL CORRECTION
Government agencies that handle institutional correction
The bureau of jail management and penology (BJMP) under the Department of local
and interior Government
Local government Units –Provincial Jails which are under supervision of Provincial
Governors and
Bureau of corrections (Bucor) under the department of justice
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
2 Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Origin of probation
Probation was first legally established in the united states ;however it originated in the
methods used under the common law of England to humanized the criminal justice
system .
John Augustus .a famous shoe maker from Boston in 1841 ,is recognized as the father
of probation in America after asking a court in Boston in 1841 to remand a common
drunkard into his care instead of incarcerating the man This practice is the basis of
many of the techniques of probation officers and other social workers today
probation
Probation was first introduced in the Philippines during the American colonial period (1898
-1945) with the enactment of act 4221 of the Philippines legislature, on august 7 1935 the
said legislative measure created a Probation office under the Department of Justic.On
November 16,1937,after barely two years of existence ,supreme court of the Philippines
declared the probation law unconstitutional because of some defects in the law’s
procedural frame work .
It all began in 1972 when congressman teodulo Natividad and Ramon Bagatsing
filed the house bill 393 an act establishing Probation in the Philippines .it was able to
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
hurdle the legislative process in the house of representative and was pending in the
senate when Martial law was declared abolishing congress
In 1975 the fifth United Nation Congress on the Prevention of crime and the treatment of
crime was held in Geneva ,Switzerland and Congressman Natividad was elected as its
first Filipino vice president
On July 24 1976 ,the said decree was signed into law by President Ferdinand E Marcos
.the probation system started to operate in 1976 -1977 and become a massive
undertaking because all the judge and prosecutors nationwide had to trained for the
proper implementation of probation method and procedures
Presidential decree 968 finally took effect on January three (3) 1978 a law which was
can now be considered ,an alternative to imprisonment
FORERUNNERS OF PROBATION
1. BENEFITS OF CLERGY
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
The earliest device for softening brutal severity of punishment seems to have been the
benefit of clergy.
In English law, the benefit of clergy was originally a provision by which clergymen could
claim that they were outside the jurisdiction of the secular courts and be tried instead in
an ecclesiastical court under canon law. Various reforms limited the scope of this legal
arrangement to prevent its abuse.
as where the judge is not satisfied with the verdict or the evidence is suspicious or the
complaint is insufficient, or he is doubtful, a small felony or any favorable circumstances
appear in the criminal’s character in order to give room to apply to the crown for an
absolute or conditional pardon
JUDICIAL REPRIEVE
It is the withdrawing of sentence for an interval of time whereby the execution is
suspended either before or after judgment.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
John Augustus
NOTE: The word probation derives from the latin probare meaning a period of proving
or trial and forgiveness
Probation originated in the U.S. as early as 1841 a Boston shoemaker, John Augustus
was interceding with the courts to suspend the sentence of youthful offenders and
alcoholics and place them in his charge.
John Augustus died on June 21 ,1859,out of nearly 2.000.persons for whom he has
become responsible ,only ten is proven ungrateful for his goodness .there are no exact
data as to the results he obtained ,but Augustus was optimistic .he states that of his
first 100 cases only forfeited the bond
About 1870 Father Cook, became interested in youth that were tried before the court
whose cases were due to circumstances rather than to character. After investigating each
case and findings the offenders not hardened and still susceptible to reforms, he made
himself available to the court as adviser to these offenders.
EDWARDSAVAGE
An ex chief of police of Boston
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
FATHER COOK
He was from Boston
Became interested in youths who were tried before the courts and whose cases
were due to circumstances rather than character after investigating each case and
finding the offenders not hardened and still susceptible to reforms he made himself
available to the court as adviser to these offenders.
TEODULO NATIVIDAD
April 26 1878
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
The first probation law was passed by the legislature of Massachusetts and signed by
governor Alexander H Rice.
1897
Massachusetts became the 1st state to enact and adopt Parole of convicted probation
law
1898
Vermont became the 2nd state to enact a real probation law
1899
Rhode Island followed as the 3rd state to enact a real probation law .A complete state
administered system appeared first here Minnesota and Illinois enacted laws giving
probation service to children only
1st- Masachussets
2nd- vermont
3rd- Rhode island
4th- New jersey
5th- New York
1900
New Jersey joined the other states as the 4th state to pass a general probation law after
the New England Model .Also New York became the fifth state to provide for adult
probation
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
PD 968 is the Probation law of 1976 which was promulgated on July 24 ,1976. This law
applies to
1) adult offender and
2) first time minor offender under section 70 of the comprehensive dangerous drug
act of 2002 (RA 9165) and
3. Similar laws refers to law which specifically deny the benefits of the Probation
law , to wit:
b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and.
C) prevent the commission of offenses..
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:
Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the court may,
after it shall have convicted and sentenced a defendant and upon application at any
time of said defendant, suspend the execution of said sentence and place the defendant
on probation for such period and upon such terms and conditions as it may deem best.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Sec. 7. Period for Submission of Investigation Report. — The probation officer shall
submit to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolve the
petition for probation not later than fifteen days (15) after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case;
Provided, That, in case where no bail was filed or that the defendant is incapable of
filing one, the court may allow the release of the defendant on recognize to the custody
of a responsible member of the community who shall guarantee his appearance
whenever required by the court.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended
to those:
a) sentenced to serve a maximum term of imprisonment of more than six years;
b) convicted of any offense against the security of the State;
Sec. 10. Conditions of Probation. — Every probation order issued by the court shall
contain conditions requiring that the probationer shall:
a) present himself to the probation officer designated to undertake his supervision
at such place as may be specified in the order within seventy-two hours from receipt of
said order;
b) report to the probation officer at least once a month at such time and place as
specified by said officer.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Sec. 11. Effectivity of Probation Order. — A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense, he shall serve the penalty imposed for
the offense under which he was placed on probation.
The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
Sec. 13. Control and Supervision of Probationer. — The probationer and his
probation program shall be under the control of the court who placed him on probation
subject to actual supervision and visitation by a probation officer.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
sentence originally imposed. An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.
Sec. 16. Termination of Probation. — After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost
or suspend as a result of his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such
order.
Sec. 17. Confidentiality of Records. — The investigation report and the supervision
history of a probationer obtained under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or the
court concerned, except that the court, in its discretion, may permit the probationer of his
attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer makes such disclosure desirable or helpful: Provided, Further,
That, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the
proper court or the Administration.
Sec. 18. The Probation Administration. — There is hereby created under the
Department of Justice an agency to be known as the Probation Administration herein
referred to as the Administration, which shall exercise general supervision over all
probationers
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
The Administration shall have such staff, operating units and personnel as may be
necessary for the proper execution of its functions.
Sec. 22. Regional Office; Regional Probation Officer. — The Administration shall
have regional offices organized in accordance with the field service area patterns
established under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
The Regional Probation Officer shall exercise supervision and control over all probation
officer within his jurisdiction and such duties as may be assigned to him by the
Administrator. He shall have an annual salary of at least twenty-four thousand pesos.
Sec. 23. Provincial and City Probation Officers. — There shall be at least one
probation officer in each province and city who shall be appointed by the Secretary of
Justice upon recommendation of the Administrator and in accordance with civil service
law and rules.
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 and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be determined
by the Probation Administrator. Their qualifications and maximum case loads shall be
provided in the rules promulgated pursuant to this Decree.
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
A. ELEMENTS OF PROBATION
FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
1. A post sentence investigation report which will serve as the informational for the
court's decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety and to faster
the rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation officer.
B ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968
✓ The following are the essential elements of the probation system under
Presidential Decree No. 968:
✓ Probation is a single or one-time" affair.
✓ Probation system is highly selective.
✓ Persons under probation retain their civil rights, like the right to vote, or practice
one's profession, or exercise parental or marital authority.
CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community-based treatment programs
instead of imprisoning them.
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.
THE PURPOSE OF THE PROBATION LAW
The purpose of the Probation Law as 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 Decree is to:
1. Promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
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Republic of the Philippines
Province of Nueva Ecija
City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija
2. provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses.
END OF MIDTERM
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