Probation

3. DEFINITION EVOLUTION OF PROBATION
PIONEERS IN THE FIELD OF
PROBATION
OTHER IMPORTANT PERSONS
AND EVENTS IN THE HISTORY OF
PROBATION
HISTORY PROBATION IN THE
PHILIPINNES
PROBATION
GROUP 1

4.  It is a form of community-based program
 A procedure where in a sentence of offender is temporarily suspended and he is permitted to
remain in the community, subject to control of the court and under supervision and guidance of a
probation officer. Also, it is privilege granted by the court to a person convicted of a crime or
criminal offense to remain with the community instead of actually going to jail.
 One of the most effective and economical tools which society now has available for the care,
treatment and rehabilitation of certain adult and juvenile offenders against the law.
PROBATION

5. Latin word
PROBARE “to test or to prove” – John Augustus
PROBATIO “ testing period” – Frederick Rainier
“As the terms Latin etymology states, probation involves the testing of an
offender and his providing that he is worth of his freedom”
Etymology of Probation:

6. The first legislation was Act No. 4221 enacted by the Philippine legislature on August 07, 1935
and which created a Probation Offices under the DOJ led by a Chief Probation Officer appointed by the
American Governor General with the advice and consent of the United States. This Law provided
probation for the first time offenders, 18 years old and over, convicted of a certain crime.
However, the law stayed in the statue Books for only 2 years. The act subsequently declared
unconstitutional by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37 O.G. 164.
The declaration of unconstitutionality of the Probation Act of 1935 created a gap in the
criminal justice system in the Philippines. The criminal justice system is the machinery which society uses
in the prevention and control of crimes. Its components are the police, the courts, the penal institutions,
the probation and the parole systems the components are highly dependent upon one another. The failure
of one can destroy the effectiveness of all the others within the system.
In order to heighten the awareness of interdependency and cooperation among the
components of the criminal justice system, as well as to improve judicial process and to reduce the level of
criminality, the National Police Commission created an Inter-Disciplinary Committee in 1974 to prepare a
National Crime Prevention Program. On July 24, 1976, a "National Strategy to Reduce Crimes" was
finalized and presented to the President of the Philippines. The Strategy proposed a two-pronged attack to
reduce crime in the country, namely:
(1) To give emphasis on the prevention and control of high-fear and economic crimes by implementing a
number of priorities of actions; and
(2) To improve the quality of the criminal justice system by facilitating teamwork among its
interdependent components.
THE HISTORY PROBATION IN THE PHILIPPINES

7. HISTORY OF PROBATION IN PHILIPPINES
Summary:
Probation was first introduced in the Philippines 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. 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 Law’s procedural
framework

8. In 1972, house bill no. 393 was filled in congress by Teodulo C.
Natividad and Ramon D. Bagatsing which would establish a probation
system in the Philippines. This bill avoided the objectionable features of
Act 4221 that struck down the 1935 law as unconstitutional
On July 24, 1976, presidential decree no. 968, also known as
adult probation law of 1976, was signed into law by the president of the
Philippines
Latest law on probation was passed on 2015 during the
administration of president Noynoy Aquino, which is the RA 10707

9. SOURCE/ORIGINOF PROBATION:
 Probation grows out of the practice of suspending sentences. These practices may have developed out of
earlier devices such as the benefit of clergy, judicial reprieve, provisional release on bail, and the release
of an offender on his own recognizance or binding over for good behaviour which also had been
designed to mitigate the severity of the criminal law.

10. Two types of probation:
 Juvenile probation covering offenders ages 9 and under
18 PD 603 as amended by RA 9344
 Adult Probation covering ages 18 and above PD 968

11. BASIC ELEMENT OF PROBATION:
A suspension of the sentence.
A period at trial for the offender in the
community.
Offender's observance of the law and
adherence to conditions imposed by the
court.
The supervision of the offender by a
probation officer.

13. THE FIRST PROBATION OFFICER:
“Father of probation in America”
The first volunteer probation officer was a
shoemaker John Augustus, who in 1841 secured
the release of a drunkard at Boston court by
acting as surety. The offender turned to be a
"sober, industrious citizen" under his care.
He acted as surety for 1,115 males and
794 females only 10 of this number forfeited their
bond, a remarkable accomplishment when
measured against any standard and gave less
formal aid to many others the next 17 years. Such
volunteers became more numerous and were, in
effect, probation officers before probation had
been authorized by the state.

14. METHODS OF AUGUSTUS:
 Provide bail for temporary suspension of punishment of sentence
 Then he sought counsel and assists his charges in finding homes, securing
employment and adjusting family difficulties.
 At the end of probation he brought offender back to court-if no further charges
are found- judge imposes a nominal fine with cost if man is poor, Augustus
advance fine as a loan.

15. FIRST APPOINTED PROBATION OFFICER:
An Ex-chief of police of Boston, was
named probation officer, thus becoming the
first appointed probation officer employed by
the government or first paid probation
officer. In 1891, Massachusetts was followed
by other states.

16. OTHER IMPORTANT PERSON AND EVENTS IN THE HISTORY OF PROBATION:
Matthew Davenport Hill
A lawyer form England is also noted to have contributed to the
development of modern probation.
He witnessed the sentencing of youthful offenders to one-day terms on
the condition that they be returned to a parent or guardian who would closely
supervise them. When he eventually became the recorder of Birmingham a
judicial post. He used a similar practice for individuals who did not seem
hopelessly corrupt.
Father of Probation in England

17. TEODOLU C. NATIVIDAD :
Father of Probation in Philippines
Initiated the drafting of probation system in
1975 the National Public Commission interdisciplinary
drafted a probation law 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
practitioners.
 The first administrator of the PPA
 drafted the PD 968 “probation of law of 1976”
 The father of criminology in the Philippines
 Father of probation in the Philippines

18. THE FIRST PROBATION LAW:
First probation law was passed in Massachusetts in 1878,
authorizing Mayor of Boston to appoint a probation officer for Suffolk
County. In 1880, said state legislature passed a law which authorized cities
and town in the state to appoint probation officers. But it was in 1891,
when probation was practiced state-wide in Massachusetts when another
law was passed making it mandatory for all judges of lower courts to
appoint probation officers

19. FIRST PHILIPPINE PROBATION LAW
It was in August 7, 1936 when Probation Act No.
4221 was passed creating a Probation Office under the
DOJ, which is to be headed by a Chief Probation Officer
who is appointed by the American Governor General and
confirmed by the Senate of the US.
This provides probation for lawbreakers for the
first time who are 18 years old or over, who are convicted
for certain crimes only.
On November 10, 1937, the Philippine Supreme
Court (People vs. Vera, 37 O.G. 164) declared it as
unconstitutional. It ruled that said law contravened the
"equal protection of the law clause" as it surrendered to
provincial boards of each province the power to
appropriate or not, funds for the establishment of
provincial probation courts.

20.  Probation prevents crime by
offering freedom and aid only to
those offenders who are not
likely to assault society again.
 It protects society by placing
under close supervision non-
dangerous offenders while
undergoing treatment and
rehabilitation in the community.
 It prevents youthful or
first time offenders
from turning into
hardened criminals.
 It restores to a
successful probationer
his civil rights.
 It gives the first and
light offenders a second
chance in life and
provides an
opportunity for the
reformation of a
penitent offender.
ADVANTAGESOF PROBATION

21. Purpose of Probation:
 Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment
explanation: to eliminate criminal future
behaviour of an offender
 Provide an opportunity for the reformation of a
penitent offender
explanation: to improve them to make a better
person
 Prevent omission of offenders.

23. MEMBERS
AYFA, LHEA AGYAO,
JENNIFER
AGNAYA,
CEASAR

24. MEMBERS
BACCOY,
JENELYN
ALUNDAY,
CHRISTIAN
ANGBAO,
JOHNMARK