WHAT IS CORRECTION?

Other agencies under this pillar are the:

Correction is the branch of the administration of (Community Based Correction)
CJS charged with the responsibility for the custody, 1. The Parole and Probation Administration (PPA)
supervision and rehabilitation of convicted under the Department of Justice (DOJ); and
offenders. It is also defined as the STUDY OF JAIL 2. The Board of Pardons and Parole also under the
OR PRISON MANAGEMENT AND Department of Justice.
ADMINISTRATION as well as the rehabilitation
and reformation of criminals. Further, it is defined Generally, corrections, as a component of the
as a GENERIC TERM that includes all government system are responsible for:
agencies, facilities, programs, procedures, 1. The MAINTENANCE of institution such
personnel, and techniques concerned with the as prisons, jails, halfway houses, and others.
investigation, intake, custody, confinement, 2. The PROTECTION of law-abiding
supervision, or treatment of alleged offenders. members of society by keeping convicted
offenders from preying on society.
DUAL PURPOSE OF CORRECTIONS 3. The REFORMATION and rehabilitation
1. To punish and of offenders in preparation for their eventual
2. To rehabilitate the offender. reintegration to the mainstream of
society and helping them lead a normal life
THE CORRECTIONS AS A COMPONENT OF after release.
CRIMINAL JUSTICE SYSTEM 4. The DETERRENCE of crimes,
Correction is the fourth pillar of the PCJS, and experience in prison and the fear of isolation
identified as the weakest pillar. As a field of and denial of liberty will influence inmates
criminal justice administration, it utilizes the body and potential offenders to lead a life
of knowledge and practices of the government and not in conflict or afoul with the law.
the society in general involving the process of
handling individuals who have been convicted of DECONGESTION OF JAILS
offenses for purposes of crime prevention and OPLAN DECONGESTION must be put in
control. Among the five pillars of the criminal place to lay this giant back to sleep. OPLAN
justice system, corrections is the least heard, known DECONGESTION was formalized through
or understood society seems to have some the execution of a memorandum of
reluctance to look at it although its role in the agreement on February 12, 1993. Among
reformation and rehabilitation of offenders cannot the public attorney’s office, the parole and
be overemphasized. Furthermore, jail probation administration, the Board of
administration and control in our country is Pardons and Parole which are all under the
distributed to at least, four agencies: Department of Justice, and the Bureau of
 The BUREAU OF CONNECTIONS Jail Management and Penology which is
(BUCOR), under the DOJ; which has under the Department of the Interior and
supervision over the national penitentiary local government. The avowed PURPOSE
and its penal farms; of said agreement (MOA) was jail
 The BUREAU OF JAIL MANAGEMENT decongestion through collective and
AND PENOLOGY (BJMP), under the cooperative efforts. Realizing that all helps
DILG; which has the exclusive control available must be harnessed to effectively
over all city, municipal and district Jails combat overcrowding or congestion in jails,
nationwide; the said memorandum of agreement was
 The PROVINCIAL GOVERNMENTS, EXPANDED on August 17, 1993 with the
under DILG; which supervise and control inclusion of the National Prosecution
their respective provincial and sub- service or (NAPROS) as the fifth party
provincial Jails; and thereto. True to its form, the MOA spreads
 the DEPARTMENT OF SOCIAL up its intent through seminars. These offered
WELFARE AND DEVELOPMENT opportunities to officials and personnel of
(DSWD), which takes care of, among the tasked agencies to familiarize
others, youthful offenders entered in themselves with the mechanics of the
detention centers for juveniles. agreement, as well as to offer avenue to
discuss various aspects of how jails are to be
decongested.
 9. Republic Act No. 4103, as amended, creating
LAW AND DECREES USUALLY AVAILED the Board of Pardons and Parole tasked to look
OF TO DECONGEST JAILS into the physical, mental and moral record of
prisoners to determine who shall be eligible for
1. Presidential Decree No. 603, known as the parole or conditional pardon
child and young welfare code, suspends sentence
of minor offenders whose ages range from nine (9) 10. Presidential Decree No. 968 July 24, 1976 is
years to under eighteen (18) years and place them the Philippine Probation Law of 1976. Probation
in rehabilitation centers under the supervision of is, of course, a very important legal instrument
the Department of Social Welfare and that contributes to the decongestion of Philippine
Development before they are released to the jails.
custody of their parents or to any responsible
person.
APPROACHES OF PHILIPPINE
2. Batas Pambansa Bilang 85, authorizes the CORRECTIONAL SYSTEM
release of a detainee who has undergone
preventive imprisonment equivalent to the 1. The Institution-Based Approach
maximum imposable sentence for the offense he The rehabilitation of offenders in jail or prison The
is charged with institution-based approaches has three levels and
are manned by three different government agencies
3. Article 96 of the Revised Penal Code, responsible for the supervision and control of the
provides that in meritorious cases, the numerous institutional facilities nationwide which
commutation of the prisoner’s sentence through provide safekeeping and rehabilitation of inmates,
presidential action shall be upon the namely;
recommendation of the court which imposed the a. The national prison’s and penal farms
same; and ARTICLE 97, which provides that a under the Department of justice;
prisoner shall be entitled to a deduction from his b. The provincial and sub-provincial jails
prison term for good conduct; and under the provincial government; and
c. The City, Municipal and District Jails
4. DOJ Memorandum Circular no. 6 which under the Department of Interior and
directs all wardens or anyone in-charge of local Local Government. The Bureau of
jails to effect the immediate transfer of national corrections, headed by a non-uniformed
prisoners to the Bureau of corrections. director, under the department of Justice,
supervises and controls the national
5. Republic Act No. 9165- Comprehensive prisons and penal farms.
Dangerous Drug Act of 2002 (July 4, 2002) - 1st
time minor offender (probation) for use and 2. Non-Institutional Correction or
possession only. Community-Based Approach
It refers to correctional activities that may take
6. Republic Act No. 9344 - Juvenile & Justice place within the community or the method of
welfare Act of 2006 (May) correcting sentenced offenders without having to go
to prison. Not all convicted offenders have to serve
7. Republic Act No. 6036, known as the release their sentence behind bars. Some of them are
on recognizance law, provides for the release of allowed to stay in the community, subject to the
offenders charged with an offense whose penalty conditions imposed by the court They are either
is not more than six (6) months and/or a fine of granted probation, parole, conditional pardon or
Two Thousand pesos (2,000) or both, to the recognizance. The parole and probation
custody of a responsible person in the community, Administration under the Department of Justice is
instead of a bail bond. the government agency that supervises the activities
of the probationer, parolee and pardonee and
8. Republic Act No. 6127, fully deducts the monitors his compliance with conditions imposed.
period of the offenders’ preventive detention
from the sentence imposed by the courts;
What is a Community correction? goals: a. Seeing that offenders comply with the
It is a sanction in which offenders serve some or all orders of community sentences. b. Helping
their sentence in the community. It is sometimes offenders identify and address their problems and
referred to as non-institutional corrections. The needs.
subfield of corrections in which offenders are
supervised and provided services outside jail or
prison. BASIC PRINCIPLES UNDERLYING THE
PHILOSOPHY OF COMMUNITYBASED
DISTINCTION BETWEEN INSTITUTIONAL TREATMENT PROGRAMS
AND NON-INSTITUTIONAL CORRECTION
1. Humanitarian Aspect
 Institutional - Imprisonment is not always advisable.
That aspect of the correctional enterprise that Placing a person to custodial coercion is to
involves the incarceration and rehabilitation of place him in physical jeopardy, thus
adults and juveniles convicted of offenses against drastically narrowing his access to sources
the law, and the confinement of persons suspected of personal satisfaction and reducing his
of a crime awaiting trial and adjudication. self-esteem.

 Non-Institutional 2. Restorative Aspect

That aspect of the correctional enterprise that - There are measures expected to be
includes pardon, probation, and parole activities, achieved by the offender, such as an
correctional administration not directly connectable establishment of a position in the
to institutions, and miscellaneous (activity) not community in which he does not violate the
directly related to institutional care. laws. These measures may be directed at
changing and controlling the offender. The
failure of the offender to achieve these can
ADVANTAGES OF COMMUNITY-BASED result to recidivism.
CORRECTION
1. Family members need not be victims also for 3. Managerial Aspect
the imprisonment of a member because the - Managerial skills are special importance
convict can still continue to support his family. because of the sharp contrast between the
2. Rehabilitation will be more effective as the per capital cost of custody and any kind of
convict will not be exposed to hardened criminals community program. It is easier to manage
in prisons who will only influence him to a life of those undergoing community-based
crime. treatment programs than that of custodial
3. Rehabilitation can be monitored by the control.
community thus corrections can be made and be
more effective.
4. It is less costly on the part of the government. Executive Clemency
Cost of incarcerations will be eliminated which is - It shall refer to Absolute Pardon, Conditional
extremely beneficial on the part of the Pardon with or without Parole conditions and
government. Commutation of Sentence as may be granted by the
President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
THE ROLE OF COMMUNITY
CORRECTIONS IN THE CRIMINAL a. Pardon
JUSTICE SYSTEM -It is a form of executive clemency granted by the
Community sentence seeks to repair the harm the President of the Philippines as a privilege to a
offender has caused the victim or the Community, convict as a discretionary act of grace. It is an act of
provide for public safety and rehabilitate and grace is extended to prisoners as a matter of right,
promote effective reintegration. A community vested to the Chief Executive (The President) as a
correction has traditionally emphasized matter of power. Neither the legislative nor the
REHABILITATION as its goal. The staff of judiciary branch of the government has the power
community correctional programs has two to set conditions or establish procedures for the
potentially competing roles that reflect different exercise of this Presidential prerogative.
The following are the two types of pardon: of sentenced is set back several days to enable the
Chief to study the petition of the condemned man
1. Absolute Pardon for commutation of sentenced or pardon.
-It refers to the total extinction of the
criminal liability of the individual to whom Presidential Decree No. 968 otherwise known as
it is granted without any condition the Probation Law of 1976 recognizes such trend.
whatsoever and restores to the individual his However, the Decree separates adult probation from
civil rights and remits the penalty imposed juvenile probation for it expressly excludes those
for the particular offense of which he was entitled to the benefits under the provisions of
convicted. Presidential Decree No. 603, known as the Child
and Youth Welfare Code, and similar laws.
Purpose: Statements of the principles, goals and objectives of
a. To right a wrong the Probation Law are found in its Preamble. The
b. To normalize a tumultuous Preamble indicates six essential goals, to wit:
political situation Absolute Pardon is 1. An enlightened and humane correctional
also granted by a President to an system;
imprisoned president the incumbent 2. The reformation of offenders;
has deposed. Absolute Pardon is 3. The reduction of the incidence of recidivism;
granted in order to restore full 4. To extend to offenders individualized and
political and civil rights to convicted community-based treatment programs instead
persons who have already served of inprisonment;
their sentenced and have reached the 5. It is limited only to offenders who are likely
prescribed period for the grant of to respond to probation favorably; and
Absolute Pardon . 6. It is economical or less costly than
confinement to prisons and other institutions
2. Conditional Pardon with rehabilitation programs.
-It refers to the exemption of an individual,
within certain limits or conditions; from the To provide a less costly alternative to the
punishment that the law inflicts for the imprisonment of first time offenders, then President
offense he has committed resulting in the Ferdinand E. Marcos issued on July 24, 1976
partial extinction of his criminal liability. It Presidential Decree No. 968 known as the
is also granted by the President of the Probation Law of 1976. Under PD 968, the court
Philippines to release an inmate who has may, after it shall have convicted and sentenced an
been reformed but is not eligible to be accused and upon application of said accused,
released on parole. suspend the execution of said sentence and place
‘ the accused on probation for such period and upon
such terms and conditions as it may deem best.
b. Amnesty First-time offenders were given a second chance to
- A general pardon extended to a group of persons, maintain their place in society through a process of
such a political offenders purposely to bring about reformation, which is better achieved when he is
the return of dissidents to their home and to restore not mixed with hardened criminals within prison
peace and order in the community. walls.

c. Commutation of Sentence - An act of the

president changing/ reducing a heavier sentence to a PROBATION
lighter one or a longer term into a shorter term. It
may alter death sentence to life sentence or life A term coined by John Augustus, from the Latin
sentence to a term of years. It does not forgive the verb “probare”- to prove, to test. The word
offender but merely to reduce the penalty probation is from the Latin word “probatio” which
pronounce by the court. means testing. The word probation is also said to be
originated from the Latin verb “probare” which
d. Reprieve - A temporary stay of the execution of means to prove.
sentence especially the execution of the death  In criminal law it is a period of supervision
sentence. Generally, Reprieve is extended to over an offender, ordered by a court instead of
prisoners sentenced to death. The date of execution serving time in prison.
 In the case of Frad v. Kelly, "Probation is a  Recognizance
system of tutelage under the supervision and It is defined as a formal agreement made by
control of the court which has jurisdiction over somebody before a judge or magistrate to do
the convicted defendant, has the record of his something, such as to appear in court at a set date.
conviction and sentence, the records and It may also mean a commitment a defendant makes
reports as to his defendant is placed." to a judge, by which the defendant promises to
 It consists of the conditional suspension of appear in court at a specified time while the court
punishment while the offender is placed under allows the defendant to remain in liberty in the
personal supervision and is given individual community. It is further known also as "binding
guidance or treatment. over for good behavior" and considered as direct
 Presidential Decree No. 968, defines probation ancestor of probation.
as, "a disposition under which a defendant,
after conviction and sentence, is released  Transportation /Deportation /Banishment
subject to conditions imposed by the court and /Exile
to the supervision of a probation officer." A form of punishment imposed on an individual,
 Probation can be thought of as a type of post- usually by a country or state, in which the
trial diversion from incarceration. individual is forced to remain outside of that
 A disposition under which a defendant after country or state. During England's colonial times,
conviction of an offense, the penalty of which banishment and transportation were common forms
does not exceed 6 years of imprisonment, is of punishment. Transportation involved the
released subject to the conditions imposed by relocation of criminals to one of the colonies. From
the releasing court and under the supervision of the Anglo-Saxon penalty of outlawry, English law
a probation officer. developed the practice of banishing criminals as an
 sentence in which the offender, rather than alternative to capital punishment. By the 18th
being incarcerated, is retained in the century, English convicts were being deported to
community under the supervision of a penal colonies in North America and Australia. The
probation agency and required to abide by first convoy to take the 15,800-mile (25,427 km)
certain rules and conditions to avoid trip to Australia departed on May 13, 1787, with
incarceration. 730 prisoners. Banishment and transportation to
Australia ended in 1868.

Forerunners of Probation
Significant Historical Dates
 Benefit of clergy
In English law, the benefit of clergy was originally 1876
a provision by which clergymen could claim that Frederick Rainer, a printer from Hertfordshire,
they were outside the jurisdiction of the secular England wanted to help the large numbers of
courts and be tried instead in an ecclesiastical court individuals appearing for alcohol-related offenses
under canon law. Eventually, the course of history before the London police courts. He gave a
transformed it into a mechanism by which first-time donation to the Church of England Temperance
offenders could receive a more lenient sentence for Society to fund a response. The Society appoints a
some lesser crimes (the so-called "clergiable" ones). 'police court missionary', whose task is to interview
drunks in the court cells, evaluate which of them is
likely to respond to help, and suggest to the court a
 Judicial Reprieve plan for putting the offender on the 'straight and
In English common law, prior to the advent of narrow'. The missionary undertook to supervise and
democratic rule, the courts could temporarily support the offender through rehabilitation.
suspend the execution of a sentence to allow a
criminal defendant to appeal to the monarch for a 1878
pardon. Other reference also cited that it is a Massachusetts passed the first probation statute in
practice under English common law whereby a mandating an official State probation system with
judge could suspend the imposition or execution of salaried probation officers. This first probation law
a sentence on condition of good behavior on the was signed into law by Governor Alexander H.
part of the offender Rice.
1887 inherent powers to suspend sentence linked with
The Probation of First Offenders Act of 1887 of social workers to secure a model law.
United Kingdom allows courts to release certain New York was the next state to provide for adult
relatively minor offenders on probation. This Act probation.
provides for friendly supervision by some authority
to whom the offender has to report, who in turn 1903
reports to the court. However, no formal California was the next state to enact adult
mechanism for the supervision of the probationer is probation and juvenile court laws. The California
set up. It is left to the court missionaries and other Adult law followed closely the New York law,
volunteers to do their best without legal sanctions to whereas the latter was modelled on the Illinois law.
enforce co-operation. The first adult act imposed no restrictions on the
discretion of the court except in case of mandatory
1900 death penalty.
Vermont, Rhode Island, New Jersey, New York, In the same year, two other states enacted general
Minnesota, and Illinois passed probation laws probation laws: Connecticut and Michigan. In
Connecticut, every court was authorized to appoint
1898 one or more probation officers. General supervision
Vermont Act of 1898 made Vermont the first to of adults was assigned to the Connecticut Prison
adopt the "County plan" of probation. Each county Association, a privately supported but semi-official
court was required to appoint probation officer body. Officers were required to make quarterly
whose duty is to make investigation of the person of reports to the association. In Michigan, the first law
the request of any court. Probation was available in limited probation to first offenders.
any case regardless of age or crime. Probation was
given only after suspension of the execution of 1907
sentence. English Parliament passed a bill providing for
appointment of paid probation officers to supervise
1899 those offenders placed on probation. The Probation
A completely state-administered system appeared of Offenders Act of 1907 introduces a structured
first in Rhode Island. The Act of 1899 empowered statutory provision for supervision of offenders,
the Board of State Charities and Corrections to provision for the appointment of Probation Officers
appoint a state probation officer and additional and their payment from local funds. The 1907 Act
probation officers, one of whom at least shall be a forms the basis and bedrock of probation practice in
woman, to serve all course in the state. The courts both Britain and Ireland.
were authorized at any time before sentence to In New York, probation is locally administered
provisionally place any offender, juvenile or adult, under the general supervision of the state. The New
who can lawfully be admitted to bail, or burglary, York State Probation Commission was created in
under the control and supervision of a probation 1907.
officer. Offenders charged with treason, murder,
robbery, rape, and arson are not covered by 1914
probation. Probation spread gradually throughout The Criminal Justice Administration Act amends
the United States. The juvenile court movement and updates the 1907 Act by strengthening the way
contributed greatly to the development of probation it operates and provides for the recognition of
as a legally-recognized method of dealing with voluntary probation societies.
offenders. The first juvenile court was established
in Chicago in 1899. Formalization of the intake
process is credited to the founders of the Illinois Mid-1900's
juvenile court. Soon after, 30 states introduced Many Federal Courts were using a judicial reprieve
probation as a part of the juvenile court procedure. to suspend sentence and this posed a legal question.
Today, all states offer both juvenile and adult In December 4, 1916, the United States Supreme
probation. Court, in the Killit's Decision, held that a Federal
Judge John M. Killit was without power to suspend
1900 a sentence indefinitely. This decision led to the
The fourth state to pass a general probation law was passing of the National Probation Act of 1925
New Jersey. The judges who had long exercised thereby allowing courts to suspend the imposition
of incarceration and place an offender on probation.
Excerpt from the John Milton Killit's Case (The March 4, 1925
courts interpret the Federal Probation Act) In 1925, the Federal Probation Act was introduced
According to Richard Chappel (2017), before the by Senator Copeland and Representative Graham.
decision of the Killit's case in December 4, 1916, it The U.S. Senate passed it unanimously but the
had been the practice of many district judges to House passed the law by a vote of 170 in favor and
suspend the execution of sentence indefinitely by a 49 opposed. President Calvin Coolidge, a former
method known as "laying the case on file," or Governor of Massachusetts and very familiar with
"sentence deferred until further order of the Court." the benefits of a functioning probation system,
This procedure was more than sixty years old and at signed the bill in law
the time of the Killit's decision there were in excess This Act gave the U.S. Courts the power to appoint
of 2,000 persons at large on suspended sentences. Federal Probation Officers and authority to
In ex parte United States Petitioner Mandamus sentence defendants to probation instead of a prison
Judge Killit's, Mr. Chief Justice White writing the sentence. later gave U.S. Probation Officers the
opinion, it was held that a district judge was responsibility of supervising offenders granted
without power to suspend sentence indefinitely. It parole by the United States Parole Commission,
was argued for Judge Killit's that the power existed military offenders and pre-trial supervision. The
at common law and many cases were cited as responsibility of the United States Probation
tending to uphold it. Service was first under the United States
It was pointed out that the best reason for holding Department of Justice, under the supervising
that the power existed was a long and continuous authority of the Federal Bureau of Prisons However,
exercise by State and Federal judges. It was pointed in 1940 the Administrative Office of the U.S.
out that there were two types of reprieves at Courts was established and assumed the
common law- "Ex Arbitio Judis," or "Ex responsibility.
Necessitate Legis." The Federal Probation Service or United States
Chappel cited that the Ex Necessitate Legis covered Probation Service is part of the Federal Judiciary
cases of temporary suspensions, as for insanity, and serves the United States district courts in all 94
pregnancy, etc. The Ex Arbitio Judis seemed to judicial federal districts nationwide and constitutes
apply wherever it appeared that injustice would the community corrections arm of the Federal
result from conviction or execution. This common Judiciary. It administers probation and supervised
law exception to the statutory duty to punish. power release under United States federal law.
was an implied If the Courts could suspend The federal probation service is an arm of the court,
sentences to limited time in avoidance of injustices, and not an investigative arm for the prosecution.
why not indefinitely?
August 7, 1935
It was further argued for the respondent that the The Act No. 4221 otherwise known as the
practice of suspending sentence in the Federal Probation Act of 1935 was enacted. The law created
Court had been followed for a long time with the a Probation Officer under the Department of Justice
silent approval of administrative officers of the led by a Chief Probation Officer appointed by the
Government and presumably recognized by the American Governor General with the advice and
legislative branch which had made no move to consent of the United States Senate. The law covers
make provision by statute. first time offenders, 18 years of age and over and
However, the Supreme Court held that the practice convicted of certain crimes.
was inconsistent with the Constitution, since its However, in the case People versus Vera, the
exercise in the very nature of things amounts to a constitutionality of the act was challenged on the
refusal by the judicial power to perform a duty three grounds:
resting on it and, as a consequence thereof, to an 1.Does the law encroach upon the pardoning power
interference with both the legislative and executive of the Chief Executive?
authority as fixed by the Constitution." The Court 2.Does it constitute an undue delegation of
suggested"... probation legislation or such other legislative power?
means as the legislative mind may devise," to 3.Does it denies the equal protection of laws?
answer the need of the judiciary to exercise "...
enlarged but wise discretion the infinite variations November 16, 1937
which may be presented to them for judgment..." The Supreme Court, in declaring the law
unconstitutional, held:
 1.That the law does not encroach upon the said probation law may be an encroachment of the
powers of the Chief Executive as they have power of the executive to provide pardon because
been understood and practiced from the providing probation, in effect, is granting freedom,
earliest time. Pardoning power belongs to as in pardon.
the Chief Executive and has the effect of
granting full liberty. Probation is completely ISSUE: Whether or not there is undue delegation of
different, as it has an effect of temporary power.
suspension and operates under strict HELD: The act of granting probation is not the
conditions. It is a manner of enforcing same as pardon. In fact, it is limited and is in a way
punishment, a lighter form of penalty an imposition of penalty. There is undue delegation
provided that such terms and conditions are of power because there is no set standard provided
deemed complied with. Therefore, by Congress on how provincial boards must act in
legislative has the power to enact policies carrying out a system of probation. The provincial
regarding probation and empowering the boards are given absolute discretion which is
judiciary to decide on the penalty. violative of the constitution and the doctrine of the
2.There was a surrender of the legislative non delegability of power.
power to the provincial boards for its Further, it is a violation of equity so protected by
application was left to their determination in the constitution. The challenged section of Act No.
providing for the salary appropriation; and 4221 in section 11 which reads as follows: This Act
3.The unwarranted delegation of the shall apply only in those provinces in which the
legislative power created for a situation for respective provincial boards have provided for the
discrimination and inequality exists as one salary of a probation officer at rates not lower than
province may appropriate the necessary those now provided for provincial fiscals. Said
funds for the salary of a Probation Officer probation officer shall be appointed by the
while another may refuse or fail to do so Secretary of Justice and shall be subject to the
(for political reasons); hence, it contravened direction of the Probation Office. This only means
the "equal protection" clause in the that only provinces that can provide appropriation
Constitution. for a probation officer may have a system of
probation within their locality. This would mean to
Excerpts from the Case of People Vs. Vera say that convicts in provinces where no probation
Cu Unjieng was convicted by the trial court in officer is instituted may not avail of their right to
Manila. He filed for reconsideration which was probation.
elevated the appeal to the lower court for a new trial.
While to the Supreme Court and the Supreme Court July 24, 1976
remanded awaiting new trial, he appealed for President Ferdinand E. Marcos signed into law the
probation alleging that he is innocent of the crime Presidential Decree 968 otherwise known as "Adult
he was convicted of Judge Tuason of the Manila Probation Law of 1976."
Court of First Instance directed the appeal to the Probation was first introduced in the Philippines
Insular Probation Office (IPO). The IPO denied the during the American colonial period with the
application. However, Judge Vera upon another enactment of Act No. 4221 of the Philippine
request by petitioner allowed the petition to be set Legislature on August 7, 1935. This law created a
for hearing. The City Prosecutor countered alleging Probation Office under the Department of Justice.
that Vera has no power to place Cu Unjieng under On November 16, 1937, after barely two years of
probation because it is in violation of Sec. 11 Act existence, the Supreme Court of the Philippines
No. 4221 which provides that the act of Legislature declared the Probation Law unconstitutional
granting provincial boards the power to provide a because of some defects in the law's procedural
system of probation to convicted person. Nowhere framework.
in the law is stated that the law is applicable to a In 1972, House Bill No. 393 was filed in Congress,
city like Manila because it is only indicated therein which would establish a probation system in the
that only provinces are covered. And even if Manila Philippines. This bill avoided the objectionable
is covered by the law it is unconstitutional because features of Act 4221 that struck down the 1935 law
Sec 1 Art 3 of the Constitution provides equal as unconstitutional. The bill was passed by the
protection of laws. The said law provides absolute House of Representatives, but was pending in the
discretion to provincial boards and this also Senate when Martial Law was declared and
constitutes undue delegation of power. Further, the Congress was abolished.
In 1975, the National Police Commission officers recruited and trained, and the central
Interdisciplinary drafted a Probation Law. After 18 agency and probation field offices organized
technical hearings over a period of six months, the throughout the country. Fifteen selected probation
draft decree was presented to a selected group of officers were sent to United States for orientation
369 jurists, penologists, civic leaders and social and and training in probation administration. Upon their
behavioral scientists and practitioners. The group return, they were assigned to train the newly
overwhelmingly endorsed the establishment of an recruited probation officers.
Adult Probation System in the country. The probation system started to operate on January
On July 24, 1976, Presidential Decree No. 968 also 3, 1978. As more probation officers were recruited
known as Adult Probation Law of 1976, was signed and trained, more field offices were opened. There
into Law by the President of the Philippines. are at present 222 provincial/city parole and
The startup of the probation system in 1976- 1977 probation offices spread all over the country,
was a massive undertaking during which all judges supervised by 16 regional offices.
and prosecutors nationwide were trained in
probation methods and procedures; administrative
and procedural manuals were developed; probation
 MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and
humane correctional systems that will promote the reformation of offenders and thereby reduce
the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders
who are likely to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(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.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

Section 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.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if an
appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and
the best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and
approved by the Secretary of Justice.

Section 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 five days 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 the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may
be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 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;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

Section 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.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain
in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written
approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

Section 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.

Section 12. Modification of Condition of Probation. During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions
or period of probation. The court shall notify either the probationer or the probation officer of the
filing such an application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

Section 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.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him that
was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(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 all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or continue his probation and modify
the conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

Section 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.

Section 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 make 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.

Section 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.

The Administration shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President
of the Philippines. He shall hold office during good behavior and shall not be removed except for
cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation

Administrator who shall assist the Administrator perform such duties as may be assigned to him by
the latter and as may be provided by law. In the absence of the Administrator, he shall act as head
of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be

eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be at
least thirty-five years of age, holder of a master's degree or its equivalent in either criminology,
social work, corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of supervisory
experience.

Section 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.

The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may assigned to him by the Administrator. He shall have
an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall
also be appointed by the President of the Philippines, upon recommendation of the Secretary of
Justice, with an annual salary of at least twenty thousand pesos.

Section 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.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen
thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by
the Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing
to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel;
and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this
Decree. They shall also have, with respect to probationers under their care, the powers of police
officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers.
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation
Officer unless he possesses at least a bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science, administration, or related fields
and has at least three years of experience in work requiring any of the abovementioned disciplines,
or is a member of the Philippine Bar with at least three years of supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them
to carry out their duties effectively.

Section 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.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six thousand
pesos shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six Million
Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National
Treasury not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary
shall be included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to
or inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be held
invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That,
the application of its substantive provisions concerning the grant of probation shall only take effect
twelve months after the certification by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the Probation Administration and of the other
agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.
 Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE

“PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to
read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial
court may, after it shall have convicted and sentenced a defendant for a
probationable penalty and upon application by said defendant within the period for
perfecting an appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and conditions as it
may deem best. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction: Provided, That
when a judgment of conviction imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for probation based on the modified
decision before such decision becomes final. The application for probation based on
the modified decision shall be filed in the trial court where the judgment of conviction
imposing a non-probationable penalty was rendered, or in the trial court where such
case has since been re-raffled. In a case involving several defendants where some
have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the
judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of
the sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek
a review of the modified decision which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or

a fine only. The filing of the application shall be deemed a waiver of the right to
appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:

“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 (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“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
suspended as a result of his conviction and to totally extinguish his criminal liability 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.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care,
the powers of a police officer. They shall be considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be necessary
to enable them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator may
appoint citizens of good repute and probity, who have the willingness, aptitude, and capability to
act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be
further prescribed under the implementing rules and regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation Administrator,
the latter shall encourage and support the former to organize themselves in the national, regional,
provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer
program.”

SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions
hereof not affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and
regulations or parts thereof which are inconsistent with this Act are hereby amended, repealed or
modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of this
Act shall be included in the General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of
this Act, the Department of Justice shall promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.

(Sgd.) FRANKLIN M. DRILON
Speaker of the House
President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was finally
passed by the Senate and the House of Representatives on September 15, 2015 and September
14, 2015, respectively.

(Sgd.) MARILYN B. BARUA-YAP

(Sgd.) OSCAR B. YABES
Secretary General
Secretary of the Senate
House of Representatives

Approved: NOV 26 2015

(Sgd.) BENIGNO S. AQUINO, III

President of the Philippines