KYLE JOHN V.

PILOR

BSCRIM 3B

1. Define Probation

Probation is a period of time during which a person who has committed a crime has to obey the law and
be supervised by a probation officer, rather than being sent to prison.

2. Explain the advantages of probation.

ADVANTAGES OF PROBATION

•Probation prevents crime by offering freedom and aid only to those offenders who arenot likely to
assault society again.

•It protects society by placing under close supervision non-dangerous offenders whileundergoing
treatment and rehabilitation in the community.

•It conforms with modern humanistic trends in penology.

•It prevents youthful or first offenders from turning into hardened criminals.

•It is a measure of cutting enormous expense in maintaining jails.

•It reduces recidivism and overcrowding in jails and prisons.

•It reduces the burden on the police forces and institutions of feeding and guardingdetainees.

•It gives the first and light offenders a second chance in life and provides anopportunity for the
reformation of penitent offenders.

•It makes the offenders productive or taxpayers instead of taxeaters.

•It restores to successful probationers their civil rights lost in view of the offense.

•It has been proven effective in developing countries that have adopted it.

3. Identify the goals and functions of parole and probation administration.

Mandate

The Parole and Probation Administration is mandated to conserve and/or redeem convicted offenders
and prisoners who are under the probation or parole system.
*Goals

The Administration’s program sets to achieve the following goals:

Promote the reformation of criminal offenders and reduce the incidence of recidivism, and

Provide a cheaper alternative to the institutional confinement of first-time offenders who are likely to
respond to individualized, community-based treatment programs.

*Functions

To carry out these goals, the Agency through its network of regional and field parole and probation
offices performs the following functions:

-To administer the parole and probation system

-To exercise supervision over parolees, pardonees and probationers

-To promote the correction and rehabilitation of criminal offenders.

4. Enumerate Legal Basis of the Philippine Probation System

Legal Basis of the PPS

The enabling law that governs the administration and operation of the probation system in the country
is Presidential Decree No. 968, or the Adult Probation Law of [Link] its promulgation on July 24,
1976, the Adult Probation Law has undergone several amendments such as:
Presidential Decree No 1257 approved on December 1, 1977, allowing public prosecutors to participate
in the probation process by directing them to make a comment on the application for [Link]
Pambansa Blg.76 (BP 76) signed June 9,1980, extending the benefits of probation to convicted offenders
whose prison sentence imposed was six years and one day. Formerly, it was only for those convicted
offenders whose prison sentence is six [Link] Decree No.1990 promulgated on October 15,
1985 , provided that the application for probation shall no longer be entertained or granted if the
defendant has perfected an appeal from the judgment of conviction. Further, it also amends BP 76
returning it to six [Link] November 21, 1987, a new Administrative Code was adopted by the
Philippine government under Executive Order No. [Link] Code transferred the function of supervising
parolees and pardonees which heretofore were supervised by the trial courts, to the Probation
Administration. Executive Order 292 also changed the name of the agency to Parole an d Probation in
order to reflect the change in its [Link] 1991, the Parole and Probation Administration was
assigned the new task of conducting pre-parole and executive clemency investigation in all city and
provincial jails and prepare pre-parole reports for the Board of Pardons and Parole. This new task was
mandated by BPP Resolution No. 229, dated April 2, [Link] Act 9165 known as the
Comprehensive Dangerous Drug Act of 2002 signed on January 23, 2002, which repealed Republic Act
6425, the Dangerous Drugs Act of 1972 which provides under Section 57 , Probation and Community
Service under the Voluntary Submission Program an after care program in lieu of imprisonment and or
[Link] April 28, 2006, Juvenile Justice and Welfare Act of 2006 was signed into a law. This Act
established a comprehensive juvenile justice and welfare system in the country. Parole and Probation
Administration was tasked to develop individualized probation program appropriate for the correction
and rehabilitation of children in conflict with the law consistent with the objectives of rehabilitation and
reintegration provided in the Act.

5. Explain the salaint point of the probation law of 1976.

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.

6. Identify the key point of the republic act no. 10707 of 2015

After the trial court has convicted a defendant for a probationable penalty, it may 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.

7. Identify the important concepts in the recognizance act of 2012.

Under RA 10389, or the Recognizance Act of 2012, release on recognizance means that any person in
custody who cannot post bail due to poverty may be given temporary liberty by placing them under the
custody of a qualified member of the barangay, city or municipality where the accused resides.