The document outlines the concept and history of probation, a legal procedure allowing offenders to stay in the community under supervision rather than serve their sentences in prison. It details the types of probation for juveniles and adults, historical developments in the United States and the Philippines, key personalities involved in probation's establishment, and the procedures, conditions, and disqualifications associated with applying for probation. Additionally, it compares probation with parole and explores the role of community in probationer rehabilitation and successful reintegration into society.

1. Non-Institutional Correction

2. Probation
 derived from the Latin word “Probare,” meaning “to
prove”.
 A procedure wherein a sentence of offender is temporarily
suspended and he is permitted to remain in the community,
subject to the control of the court and under the
supervision and guidance of a probation officer. It is a
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 prison.

3. 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)

4. History of Probation
Benefits of Clergy
- 13th century, a compromise between the church and the
King

5. Judicial Reprieve
- This is temporary suspension of the execution of
sentence by the judge either before or after
judgment.
Early in the 17th century, with the establishment of
settlements in America, English courts began to
grant reprieves to prisoners under sentence of
death on condition that they accept deportation

6. Recognizance or “binding over for good behavior”
- This involves an obligation or promise under oath that the
accused must “keep the peace” and “be of good behavior”.
- Sureties or bail were usually required.
- Usually applied to any felony not capital.
- Led to the development of the first British Probation
Service.

7. Transportation
- The sending or putting away of an offender
to another colony. It was an attempt to substitute
for brutal punishment at home an opportunity for
rehabilitation in a new country.

8. Personalities, Dates and Places

9. John Augustus
 Boston shoemaker who is considered as the
“father” of Probation.
 The first volunteer probation 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.

10. Matthew Davenport Hill
 considered the “father” of probation in England

11. Massachusetts
 the first State where the first practical demonstration of
probation, the first use of the term as a court service and
the enactment of the first probation law occurred.

12. April 26, 1878
 signing of the first probation law by Governor Alexander H.
Rice of the State of Massachusetts. The Law provided for
the appointment and prescribed the duties of a salaried
probation officer.

13. John Savage
 first paid and official probation officer.

14. Vermont
 it is the second state to enact a probation law with the
signing of Vermont Act of 1898. It is the first to adopt the
County Plan of probation.

15. Vermont Act of 1898
 provided probation only after suspension of sentence of the
execution of sentence.

16. January 11, 1909
 The first Probation Bill was introduced during the 60th
congress, 2nd session by Representative McCall of
Massachusetts.

17. March 4, 1925
 The first Federal Probation Act became law, signed by
President Calvin Coolidge.

18. Juvenile Probation Develops:
 1899 – Minnesota and Illinois enacted laws giving
probation service to children only.
 Rhode Island – where the first completely state
administered probation system appeared.
 New Jersey – the fourth state to pass a general probation
law after the New England model in 1900.
 New York – was the fifth state to provide for adult
probation.
 California – was the sixth state to enact adult probation
and juvenile court laws, both in 1903.

19. Connecticut and Michigan – next state to enact general
probation law in 1903.
- In Connecticut, every court was authorized to appoint one
or more probation officers.
-The first Act limited the use of probation to persons
convicted of misdemeanors, but two years later this
limitation was removed.
- The first Michigan Law limited probation to first
offenders.

20. HISTORY OF PROBATION IN THE PHILIPPINES
August 7, 1935 – the Philippine Legislature enacted
the Probation Act (Act No. 4221) creating a
Probation Office under the DOJ, lead by a Chief
Probation Officer appointed by the American
Governor-General with the advice and consent of
the United State Senate.
- This law provided probation for first offenders 18
years of age and above convicted of certain crimes.
- it stayed only for two years

21. People vs. Vera – it challenged the
constitutionality of Act 4221 on three grounds:
1. encroaches the pardoning power of
the chief Executive;
2. it constitutes an undue delegation
of legislative power; and
3. it denies the equal protection of the
laws.

22. November 16, 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.

23. House Bill No. 393
– filed by Teudolo C. Natividad and Ramon
Bagatsing. This is the second Bill/measure that
attempts to established an adult probation in the
Philippines. It was passed in the lower house but
pending in the senate when martial law was
proclaimed.

24. The present probation law:
Presidential Decree 968
– Probation Law of 1976
- This was signed into law by then President
Ferdinand Marcos on July 24, 1976 during the last
day of the first national conference on Crime
Control held at Camp Aguinaldo.

25. January 3, 1978 – effectivity of the application of
the substantive provisions concerning grant of
probation.
Teudolo C. Natividad – former NAPOLCOM
commissioner and former Congressman of
Bulacan.
- Known as the “father” of Probation in the
Philippines.

26. Application for Probation
- The application for probation shall be filed by
sentenced or convicted offender whose sentence is
not more than 6 years imprisonment. It shall be
filed with the court that tried and sentenced the
offender.
- Section 32, RA 6425 (Dangerous Drug Act of 1972)
Probation is granted to drug addicts.

27. - PD 603, amended by PD 1179 (Child & Youth
Welfare Code) probation to minor offenders.
- PD 968 was approved only on July 24, 1976 and
became operational on January 3, 1978. Sentenced
offenders 18 years and above can apply probation
before serving sentence.
- The first probation in 1937 was declared
unconstitutional because it covers only provinces
that can financially afford to adopt the law.

28. Petition for Probation
Is there a need to apply for probation to avail
of its benefits?
- Yes, it will not be granted except upon the
application by the accused. The necessity for such
application is indicated in Sec. 4, PD 968, which
states that “the trial court may, after it shall have
convicted and sentenced a defendant and upon
application by said defendant within the period of
perfecting an appeal….

29. When can a petitioner file his application for
probation?
- the law says that the application should be
made within the period for perfecting an appeal or
within 15 days from the promulgation of notice of
judgment.

30. Is there a form prescribed for the application
for probation?
- Yes, it shall be in the form approved be the
Secretary of justice as recommended by the
Administrator or as may be prescribed by the SC.

31. Where can we file the application for
probation?
-The application for probation be filed
directly to the trial court that heard and sentenced
the person applying for probation.

32. What then be the duty of the court after
receipt of the application?
- the trial court may notify the concerned
prosecuting officer of the application at a
reasonable time before the scheduled hearing
thereof.

33. Procedures in Applying for Probation:
1. The offender or his counsel files a petition with the
convicting court
2. The court determines convict qualifications and
notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such
application within 10 days from receipt of the
notification

34. 4. If petitioner is qualified, his application is referred
to the probation officer for post-sentence
investigation
5. The post-sentence investigation report (PSIR) is
submitted by the probation officer to the court
within 60 days
6. The court grants or denies the petition for
probation within 15 days upon receipt of the
PSIR.

35. Effects of filing an application for Probation
a) the court may, upon receipt of the application
suspend the execution of sentence imposed in
judgment;
b) pending the submission of the PSIR and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a
new bail, or released on recognizance.

36. Disqualifications for Probation
a. Those who were sentenced to more than 6 years
b. Those who were convicted of crimes against the security of
the state (Art. 134 to 157 except 135, 140 and 152 of the
RPC)
c. Those previously convicted and punished of not less than 1
month and 1 day imprisonment and/or fine of not less than
200 pesos (include those punished with destierro)
d. Those who were previously granted probation under P.D. 968
e. Those who were already serving their sentence when
probation became applicable

37. The Court will not grant Probation if it finds:
a. The offender can be treated better in a mental
institution or other places for correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of the
community

38. When Probation is granted, what conditions
are imposed by the court?
a. The probationer must present himself to his
probation officer within 72 hours
b. Report to his probation officer at least once a
month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed
by the court.

39. If the probationer committed a crime while
under probation, what would be the
consequences?
a. The probationer will be arrested for violation of
the condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense

40. How long is the period of probation?
a. Not more than 2 years if the sentence is
imprisonment for 1 year or less
b. Not more than 6 years if t he sentence is
imprisonment for more than 1 year but not more
than 6 years.
Note: Probation starts upon issuance of the court
granting probation.

41. When should probation be denied?
a. The offender is in need of correctional treatment that can
be provided more effectively by his commitment to an
institution
b. There is undue risk that during the period of probation the
offender will commit another crime
c. Probation will depreciate the seriousness of the offense.

42. The offender may be released pending
application for probation:
a. On the same bond he filed during trial
b. On a new bond
c. To the custody of a responsible member of the
community if unable to file bond

43. When can the Court Modify the Conditions for
Probation?
a. at any time during supervision
b. after summary hearing when the probationer violated any of its
conditions
c. upon application by the probation officer or the probationer
himself
Note: only the judge who heard and decided the case has the
power to grant, deny, modify, revoke and terminate
probation.

44. OUTSIDE TRAVEL
1. Probation officer authorized the probationer to travel
outside the area of the operation for a period of 10 days
but not exceeding 30 days.
2. If 30 days, Probation must file 5 days before travel a
request to travel outside for the approval of Probation
authorities.
3. If more than 30 days Probation Authorities shall
recommend for Court Approval.

45. CHANGE OF RESIDENCE
1. The probationer must file a request for change of
residence at the city or provincial Parole and
Probation officer to the court approval.
2. If approved, The RTC which has jurisdiction over
the place shall have full control of the
probationer.

46. Who is a volunteer probation aide?
- he/she is a civilian of good repute and
integrity, at least 18 years of age, appointed by the
Probation Administration to assists the Pos in
investigation and supervision. A VPA is not
entitled to salary but is given a reasonable travel
allowance.

47. Termination of Probation:
after the probationer has satisfactorily
completed the probation period, the Probation
Officer shall submit termination report to the court
containing the ff:
a. condition of probation
b. program of supervision and response to
treatment
c. recommendation

48. Two ways of terminating probation:
1. After period of probation with satisfactory compliance
with conditions of probation.
2. Other ways of terminating probation
a. termination before the expiration of the period
(served at least 1/3 of the imposed period but not
less than 6 months)
b. termination by pardon of the probationer (either
absolute or conditional)

49. c. Deportation of the probationer – when an alien on
probation is deported, probation will necessary be
terminated.
d. Death of probationer.

50. Rights Restored after Termination of
Probation
a. All civil rights suspended when the offended was
convicted and sentenced are restored after the
termination of probation
b. liability to pay a fine is also discharged IN CASE
OF SUBSIDIARY IMPRISONMENT

51. How Can Probation help in the Prevention of
Crime?
- when in the community, he is helped and given
opportunities to be productive and responsible
instead of going to prison
- hopefully, these situations restrain the probationer
from committing crime

52. How can Community help in the Success of
Probation?
1. community accepting the probationers, giving
them a feeling of belongingness
2. community agencies and schools are being opened
for the training and treatment of probationers
3. community leaders and layman allowing the
participation of probationers in developmental
programs

53. 4. religious organizations giving the probationers
spiritual advice and extending their social action
programs to probationers
5. various organizations providing temporary
housing for probationers
6. the community playing an equally important role
after the termination of probation, it should be
ready for the reintegration of the individual into
community life.

54. Difference of Probation from Imprisonment and
Parole:
1. Probation is an alternative to imprisonment. Instead of
being confined in prison, the probationer is released to the
community by the court with conditions to follow and is
placed under the supervision of PO.
2. Parole is a conditional release of a prisoner whereby he
is placed under the supervision of a Parole Officer after
serving his minimum sentence.
3. Probation is a community-based approach to reformation
of offenders, while imprisonment adopts the
institutionalized approach.

55. 4. Probation is handled by the Probation Administration
while parole is administered by the Parole Board
5. Probation is enjoyed only once while parole may be
granted more than once, depending on good behavior
during imprisonment.
6. Probation is more beneficent because it restores full civil
rights to the probationer upon termination unlike parole.
7. Probation is essentially a judicial function (under the
control of the court) while parole is an executive function
(under the Parole Board).

56. NOTES TO REMEMBER:

57. P.D. 1257 – participation of the prosecutor in the
determination of the application for probation
P.D. 76 – the period of punishment which is probationable is
extended from 6 years and 1 day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years and 1 day to 6
years or less
E.0.292 (Administrative Code of 1987) – renamed the
Probation Administration into Parole and probation
Administration

58. NATURE OF INFORMATION GATHERED:
- Strictly confidential and privilege
NATURE OF POST SENTENCE INVESTIGATION
- It is recommendatory in nature and address to the sound discretion of
the trial court
EFFECTIVITY OF PROBATION
- Upon its issuance
FINALITY
The order of the court granting or denying probation SHALL NOT BE
APPEALABLE.

59. Probationer – a person placed on probation
Absconding probationer – a person whose probation was
granted but failed to report for supervision or fails to
continue reporting for supervision or whose whereabouts
are unknown for a reasonable period of time.
Probation officer – one who investigates for the court a
referral for probation or one who supervises a probationer
or both.

60. Petitioner – an accused or defendant who files a formal
petition for probation
Absconding petitioner – a convicted defendant whose
application for probation has been given due course by the
court but fails to report to the probation office or cannot be
located within a reasonable period of time.

61. PAROLE SYSTEM

62. Parole – refer to the conditional release of an offender from
a penal institution after he has served the minimum period
of his prison sentence.
Parolee - refer to a person who is released on parole
Pardonee – refer to a person who is released on conditional
pardon
Client – refer to a pardonee/parolee who is place on
supervision

63. Board – refers to the Board of Pardons and
parole
Administration – refer to the Parole and
Probation Administration
Director – refer to the Director of the BuCor
Administrator – refer to the administrator of
Parole and Probation Administration

64. History of Parole system in the Philippines:
- it came into existence by the passage of Act 4103 as
amended by Acts 4203 and 4225, otherwise known as the
Indeterminate Sentence Law, which took effect on Dec. 5,
1933.
Board of Pardons and Parole – administers the
Parole system of the country.

65. Pre-Parole Investigation:
The Administration has been authorized by the
Board to conduct pre-parole investigation of deserving city,
provincial and national prisoner confined in the city and
provincial jails, the national penitentiary and penal
colonies, whenever their best interests and that of justice
will be served thereby, and to submit reports of said
investigation at least 60 days before the expiration of the
minimum sentences of the prisoners concerned.

66. PRISONERS QUALIFIED FOR PAROLE:
Unless otherwise disqualified under Sec. 15 of
the rules, a prisoner shall be eligible for the grant
of parole upon showing that –
a. he is confined in a jail or prison to
serve an indeterminate prison
sentence, the maximum period of
which exceeds one year, pursuant to a
final judgment of conviction; and that

67. b. he has served the minimum period of
said sentence less the Good Conduct
Time Allowances (GCTA) earned.
c. There is a reasonable probability that if
released, he will be law-abiding; and
that
d. His release will not be incompatible
with the interests and welfare of
society.

68. PRISONERS DISQUALIFIED FOR PAROLE:
1. those persons convicted of offenses punished with
reclusion perpetua;
2. those convicted of treason, conspiracy or
proposal to commit treason;
3. those convicted of misprision of treason,
rebellion, sedition or espionage;

69. 4. those convicted of piracy;
5. those who are habitual delinquents;
6. those who escaped from confinement or those
who evaded sentence;
7. those who were granted conditional pardon and
violated any of the terms thereof;

70. 8. those whose maximum term of imprisonment does not
exceed 1 year or are with a definite sentence;
9. those suffering from any mental disorder as certified by a
psychiatric report of the bureau of correction or national
center for mental health;
10. those whose conviction is on appeal;
11. those who have pending criminal case for an offense
committed while serving sentence.

71. COMPOSITION OF THE BOARD OF PARDON AND PAROLE
Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the Parole and
Probation Administration
Members:
a. Sociologist
b. Clergyman/Educator
c. Psychiatrist
d. Person qualified for the work by
training/experience and a member of the Philippine
BAR.

72. EXECUTIVE CLEMENCY

73. Pardon
– an act of executive clemency, by a head of a state
for the purpose of exempting an individual from
the punishment imposes upon him by a court of
law.
- It is an act of grace and the recipient is not
entitled to it as a matter of right.

74. Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is granted
by the Chief Executive without any conditions
attached. Absolute pardon serves to wipe away
the guilt of a pardonee, and makes him innocent
as if he has not committed any crime.

75. 2) Conditional Pardon
It is conditional when it is granted by the
Chief Executive subject to the conditions imposed
on the recipient and accepted by him. Usually, the
person granted with conditional pardon has served
a portion (at least ½ of the minimum of his
indeterminate sentence) of his sentence in prison

76. Limitations of the Pardoning Power of the
President
The following are the limitations of the pardoning power of the
President:
1) it may not be exercised for offenses in impeachment cases;
2) it may be exercised only after conviction by final judgment;
3) it may not be exercised over civil contempt (as for refusing to
answer a proper question as a witness in a case);
4) in case of violation of election law or rules and regulations,
no pardon, parole, or suspension of sentence maybe granted;
5) cannot be exercised to violation of tax laws.

77. OTHER FORMS OF EXECUTIVE CLEMENCY
1) Amnesty
Is a general pardon extended to a group of persons generally
exercised by the Chief Executive with the concurrence of
congress.
It is an act of sovereign power granting oblivion or general
pardon for past offense and rarely, if ever, exercised in favor
of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have
been convicted.
Note: Amnesty can be availed of before, during and after
the trial of the case, even after conviction.

78. Differences between Amnesty and Pardon
As to the number of those who can avail:
Pardon includes any crime and is exercised individually by
the Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political prisoners.
As to the Time to Avail:
Pardon is exercised when the person is already convicted,
while amnesty maybe given before trial or investigation is
done.

79. As to the Consent of Congress:
Pardon is granted by the Chief Executive and
such as private act, which must plead and proved
by the person pardoned because the court takes no
choice thereof. While amnesty is by proclamation
with concurrence of congress, and it is a public act,
which the court should take judicial notice.

80. As to the Effect:
Pardon is an act of forgiveness, i.e. it relieves the
offender from the consequences of the offense, while
amnesty is an act of forgetfulness. i.e. it puts into oblivion
the offense of which one is charged so that the person as if
he had never committed the offense.
As to the Crime committed:
Pardon is granted for infractions of the peace of the
State while amnesty, for crimes against sovereignty of the
state (ex. political offense)

81. 2) Commutation of Sentence
It is a change of the decision of the court made by
the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing
the length of the imprisonment of the original
sentence.

82. Specific cases where commutation is provided for by the
code:
1. When the convict sentenced to death is over 70 years of age;
2. When ten justices of the Supreme Court failed to reach a
decision for the affirmation of the death penalty;
In other cases, the degree of the penalty is reduced from death to
reclusion perpetua.
In Commutation of Sentence consent of the offender is not
necessary. The public welfare, not his consent, determines what
shall be done.

83. 3. Reprieve – the temporary stay of the execution of
sentence (applicable only to death sentence)
GCTA – is a privilege granted to a prisoner that shall entitle
him to a deduction of his term of imprisonment. Under
Art.97, RPC, the GCTA are:
1. 5 days per month during the first 2 years of imprisonment

84. 2. 8 days per month during the 3rd
to 5th
years of
imprisonment
3. 10 days during the following years until the 10th
years of imprisonment
4. 15 days during the 11th
and successive years

85. Special Time Allowance for Loyalty (Art. 158, RPC)
-A deduction of 1/5 of the period of the sentence of any
prisoner who evaded the service of sentence on the
occasion of disorders due to conflagrations, earthquakes, or
other calamities shall be granted if he returns to authorities
within 48 hours after the president declared that the
calamity is over.
- Once granted shall not be revoked.

86. RE F E R E N C E :
P D 9 6 8
M R. DA R I O G U I NAY E N
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