VILLANUEVA, HAZEL ANN BALBA is a disposition, under which a defendant after

conviction and sentence is released subject to the

BSCRIM3B
conditions imposed by the court and to the supervision
CA2 “Non-Institutional Corrections” of a probation officer.

2.PAROLE

COMMUNITY-BASED CORRECTION A conditional release from prison of a convicted

person upon service of the minimum of his
Community-based Correction or indeterminate penalty.
 Non-Institutional Correction PARDON
 best alternative for imprisonment.
 non-incarcerate system of correction. a form of executive clemency which is exercise
 described as a method of rehabilitating exclusively by the chief executive.
convicted felons without a need of placing them it may be given conditionally (conditional pardon) or
into jail or prison facilities. unconditionally (absolute pardon).
Community-based Correction or Non-Institutional for the purpose of non-institutional correction it is
Correction the conditional pardon with parole conditions is under
it is likewise refers to any sanctions in which consideration.
convicts serve all or a portion of their entire Community-based Correction
sentence in the community.
Note:
it is a program which deal with supervised
rehabilitation of convicts within the community. For simple infraction of laws or
ordinances,Community Service may likewise be
Idea behind Non-Institutional Correction Program considered as community-based correction. This is
most convicts can be effectively held accountable for impose to require the violators to render community
their crimes at the same time that they can fulfill service in lieu of payment of fine and/or imprisonment.
legitimate living standards in the community. Other Community-based Correction Program
most convicts do not pose an imminent danger to 1. Work releases
themselves or to others and can therefore remain in the 2. Day fine programs
community to maintain relationship . 3. Electronic monitoring
Benefits of Non-Institutional Correction Program 4. Home confinement
5. Community services
It will not expose convicts to the subculture of 6. Half way houses
violence existing in jails and prisons. 7. Boot camp prisons
RESTORATIVE JUSTICE 8. Restitution
9. Check-in program
advocating is the alteration of the behavior of 10. Mediation
convicts through the use of holistic but non- 11. Curfews
incarcerated methods of rehabilitation. 12. Restorative Justice centers
13. Drugs check
it is like helping the convicts to enter the society in a
14. Alcohol checks
way where they can accepted by the society.
15. Other methods
Community-based Correction
Entities of the Government task for providing
1.PROBATION
Community-based Correction

1.Parole and Probation Administration (PPA)

 conduct investigations of all the cases in relation to
parole, probation and pardon

responsible for the supervision of all paroles,

probationers and conditional parole grantees.

2. Board of Pardon and Parole (BPP)

authority in granting parole

responsible for the recommending the grant of

pardon and executive clemency to the president.
Current Issues and Concerns
3. Department of Social Welfare and Development
Public resistance against non-institutional correction
(DSWD)
Punishment against rehabilitation
handling cases of child in conflict with the law(CICL).
Convicted individual needs safety as well as the public
Benefits of Non-Institutional Corrections
Availability of rehabilitation services
1. Strengthening family ties through avoidance of
broken family relationships. Education and training for rehabilitation service
2. Prevention of Influence Contamination providers
3. Engagement of Community Involvement
4. Assurance of Individualized Treatment Coping with special needs of convicts
Approach Probation
5. It is more economical on the part of
government  it was derived from the Latin verb “probare”
which mean to prove or to test (John Augustus).
PURPOSES  a privilege granted by the court to a person
1. Facilitating convicts reintegration convicted of a criminal offense to remain in the
2. Foster convicts rehabilitation community instead of actually going to
3. Providing alternative range of convicts prison/jail.
punishments  a disposition under which an accused, after
4. Heightening convicts accountability conviction and sentence is released subject to
conditions imposed by the court and to the
FUNCTIONS supervision of a probation officer. (Section 3(a)
of PD 968)
1. Client monitoring and supervision to ensure
program compliance
Basic Precepts and Concepts on Probation
2. Ensuring public safety
 As a System of Instruction
3. Employment assistance
 Suspend the Imposition of Sentence
4. Individual and group counseling
 Provision for Individualize Treatment Program
5. Educational training and literacy services
6. Networking with other community agencies and
Goals of Probation
business
 to rehabilitate the defendant
7. Reducing jail and prison overcrowding
 protect society from further criminal conduct
by the defendant
 to protect the rights of the victim

Objectives of Probation
  promote the correction and rehabilitation of  punishment that requires the convicted
an offender by providing him with individualized person to leave the city, county, state,
treatment; or country in which they are charged.
 provide an opportunity for the reformation of a  It began to be used as a form of
penitent offender which might be less probable punishment in the 18th century in
if he were to serve a prison sentence; and England.
 prevent the commission of offenses.  a system of transportation of criminal
Predecessors of Probation to her colonies.
1. Money Compensation  criminals were banished to America
 which is a precursor of our use of fines between 1717 and 1776, and then to
and restitution today Australia from 1787 to 1868.
 introduced by the Babylon, Greece and 6. Recognizance
Rome, for those crimes which did not  it means binding over for good
affect the safety of state behavior
 slaves having nothing of value to offer  originated as a measure of preventive
as compensation received unmitigated justice, involving an obligation or
punishments promise, sworn to under court order by
2. Cities of Refuge person not yet convicted
 introduced by Jewish Law.  it was developed in England in 14th
 right of asylum and to which anyone century
who had unintentionally slain another  originated as a measure of preventive
might flee and be protected from the justice
"avenger of blood". Evolution of Probation
 six cities of refuge: Golan, Ramoth, and  The origin of probation can be traced to English
Bosor, on the east (left bank) of the criminal law of the Middle Ages. Harsh
Jordan River, and Kedesh, Shechem, and punishments were imposed on adults and
Hebron on the western (right) side. children alike for offenses that were not always
3. Benefit of the Clergy of a serious nature. Sentences such as branding,
 It exempted clergy from trial or flogging, mutilation, and execution were
sentence in a secular court on charges common. During the time of King Henry VIII, for
arising from a range of felonies and instance, no less than 200 crimes were
offences. punishable by death, many of which were minor
 it was fought for by Archbishop offenses.
Thomas Becket and conceded by Henry  This harshness eventually led to discontent in
II in 1176 in the aftermath of Becket's certain progressive segments of English society
murder. that were concerned with the evolution of the
 It was lately granted, not only to the justice system. Slowly but resolutely, in an
clergy, but to all persons. effort to mitigate these inhumane punishments,
 abolished in 1827. a variety of measures were devised and
4. Judicial Reprieve adopted. Royal pardons could be purchased by
 a temporary withholding of sentence the accused; activist judges could refrain from
 practiced by the English court in the applying statutes or opt for a lenient
early 17th century interpretation of them; stolen property could
 it was given to the prisoners under be devalued by the court so that offenders
sentence of death on the condition that could be charged with a lesser crime. Also,
they accept deportation/transportation. methods such as benefit of clergy, judicial
5. Banishment reprieve, sanctuary, and abjuration offered
offenders a degree of protection from the
enactment of harsh sentences.
  Eventually, the courts began the practice of  a lawyer and penologists from England is also
"binding over for good behavior," a form of noted to have contributed to the development
temporary release during which offenders could of modern probation
take measures to secure pardons or lesser  born on the 6th of August 1792, at Birmingham
sentences. Controversially, certain courts began  witnessed the sentencing of youthful offenders
suspending sentences. to one-day terms on the condition that they be
returned to a parent or guardian who would
Birth of Probation closely supervise them.
John Augustus  When he eventually became the Recorder of
 the "Father of Probation," Birmingham, a judicial post, he used a similar
 recognized as the first true probation officer. practice for individuals who did not seem
 he was born in Woburn, Massachusetts in 1785 hopelessly corrupt.
 By 1829, he was a permanent resident of  If offenders demonstrated a promise for
Boston and the owner of a successful boot- rehabilitation, they were placed in the hands of
making business. generous guardians who willingly took charge of
 It was undoubtedly his membership in the them.
Washington Total Abstinence Society that led  Hill had police officers pay periodic visits to
him to the Boston courts. Washingtonians these guardians in an effort to track the
abstained from alcohol themselves and were offender's progress and keep a running account.
convinced that abusers of alcohol could be
rehabilitated through understanding, kindness,  Following the passage of that first statute,
and sustained moral suasion, rather than probation spread gradually throughout the United
through conviction and jail sentences. States.
 In 1841, John Augustus attended police court to  The juvenile court movement contributed greatly
bail out a "common drunkard," the first to the development of probation as a legally-
probationer. The offender was ordered to recognized method of dealing with offenders.
appear in court three weeks later for  The first juvenile court was established in Chicago
sentencing. He returned to court a sober man, in 1899.
accompanied by Augustus. To the astonishment  Formalization of the intake process is credited to
of all in attendance, his appearance and the founders of the Illinois juvenile court.
demeanor had dramatically changed.  30 states introduced probation as a part of the
 Augustus thus began an 18-year career as a juvenile court procedure.
volunteer probation officer. Not all of the  Today, all states offer both juvenile and adult
offenders helped by Augustus were alcohol probation.
abusers, nor were all prospective probationers  In the United States, particularly in Massachusetts,
taken under his wing. Close attention was paid different practices were being developed. "Security
to evaluating whether or not a candidate would for good behavior," also known as “good
likely prove to be a successful subject for aberrance,” was much like modern bail: the
probation. The offender's character, age, and accused paid a fee as collateral for good behavior.
the people, places, and things apt to influence Filing was also practiced in cases that did not
him or her were all considered. demand an immediate sentence. Using this
 The first probation statute, enacted in procedure, indictments were "laid on file" or held
Massachusetts shortly after this death in 1859, in abeyance. To mitigate unreasonable mandatory
was widely attributed to his efforts. penalties, judges often granted a motion to quash
based upon minor technicalities or errors in the
Matthew Davenport Hill proceedings. Although these American practices
 father of probation in England. were precursors to probation, it is the early use of
recognizance and suspended sentence that are
directly related to modern probation.
  by 1920, 21 other states had followed suit.  Gardner Tufts -Director of Massachusetts Board of
 Even with the wide use of suspended sentences, State Charities and Corrections, reported in an
the U.S. Department of Justice disapproved of its address that the result of probation in case of
use, believing that it infringed upon executive juvenile offenders proved so decisively good that
pardoning power and therefore was the legislature authorizes the City of Boston, to
unconstitutional. The matter came before the appoint a probation officer for adults at the session
Supreme Court in Ex parte United States, 242 U.S. of the legislature of the present year, a statute was
27. In what became known as the Killits decision, enacted permitting the appointment of a
the Supreme Court in 1916 held that federal courts probation officer for adult offenders in every city
did not have the power to suspend sentence and town in the state.
indefinitely and that there was no reason or right  Sammuel June Barrows - Secretary of the Prison
for the courts to continue the practice. The Association of New York, who began to campaign
Supreme Court suggested probation legislation as for a probation law. His interest stemmed from his
a remedy. His decision led to the passing of the work in Boston where he had seen the effect of
National Probation Act of 1925, thereby, allowing probation law. A Unitarian minister and editor of
courts to suspend the imposition of incarceration the Christian Register, he became in 1889, one of
and place an offender on probation. the founders of the Massachusetts Prison
 With the passage of the National Probation Act on Association, which took an active part in extending
March 5, 1925, signed by President Calvin probation in that state. A practical humanitarian,
Coolidge, the U.S. Federal Probation Service was he thought it a great pity to send so many persons
established. found guilty of crime to prison.
 On the state level, pursuant to the Crime Control  Massachusetts developed the first state-wide
and Consent Act of 1936, a group of states entered probation system in 1880.
into an agreement wherein they would supervise  Vermont- Place where the second Probation Law
probationers and parolees who reside in each was enacted.
other's jurisdictions on each other's behalf.  Rhode Island, - The third state that passed
 Interstate Compact for the Supervision of Parolees probation law. Appeared first completely state-
and Probationers, this agreement was originally administered system. The Act of 1899 empowered
signed by 25 states in 1937 the Board of State Charities and Corrections to
appoint a state probation officer and additional
Important Persons and Events in the History of probation officers, "at least one of whom be a
Probation woman," to serve all courts in the state. The courts
 Governor Alexander H. Rice signed the first were authorized at any time before sentence to
probation law that was passed by the legislature of provisionally place any offender, juvenile or adult,
Massachusetts on April 26, 1878. The law provided who can lawfully be admitted to bail, except
for the appointment and prescribed the duties of persons charged with treason, murder, robbery,
salaried probation officer for the courts of Suffolk rape, arson or burglary, under the control and
Country. supervision of a probation officer.
 EDWARD H. SAVAGE - an Ex-chief of police of  New Jersey - The 4th state to pass a general
Boston, was named probation officer, thus probation law after the New England Model in
becoming the first probation officer employed by 1900.
the government or first paid probation officer.
 Calvin Coolidge - USA President who signed the
Federal Probation Act which is effective on March History of Probation in the Philippines
4, 1925.
 John Marshall - United States Chief Justice who  Probation was first introduced in the Philippines
used his discretion in modifying the prescribed during the American colonial period (1898-1945)
penalties and gradually developed more humane with the enactment of Act 4221 on August 7, 1935
methods of dealing with violators of law.
 by the Philippine Legislature. This Law created a Upon their return, they were assigned to train the
Probation Office under the Department of Justice. newly recruited probation officers.
 However due to some defects in its procedural The probation system started to operate on January 3,
framework, it was declared unconstitutional by the 1978. As more probation officers were recruited and
Supreme Court on November 16, 1937 after barely trained as more probation field offices were opened. At
two years of existence. present there are183 field offices spread all over the
 In 1972, House Bill No.393 intended to establish a country, supervised by 15 regions.
probation system in the Philippines was filed in
Congress. This bill avoided the objectionable he move to integrate adult probation in the Philippine
features of Act 4221 which was the cause of its criminal justice system began early in the twentieth
declaration as unconstitutional. The bill was passed century when the Philippine Legislature approved Act
by the House of Representatives and was pending No. 4221 on August 7, 1935. This created a Probation
in the Senate when Martial Law was declared, and Office under the Department of Justice, and provided
the Congress was abolished. probation for first offenders 18 years of age and above
 Three years after in 1975, the National Police who were convicted of certain crimes. Unfortunately,
Commission acting on a report submitted by the there were defects in the law’s procedural framework
Philippine delegation to the 5th United Nations so that, on November 16, 1937, the Supreme Court
Congress on the Prevention of Crime and the declared it unconstitutional in the case of People of the
Treatment of Offenders, created an Philippines vs. Vera on the grounds of “undue
Interdisciplinary Committee tasked to formulate a delegation of legislative power” and violation of the
national strategy to reduce crime and to draft a “equal protection of the law” clause.
probation law. Eighteen Technical hearings were A second attempt was made when then Congressmen
done over a period of six months involving Teodulo C. Natividad and Ramon D. Bagatsing
international experts in the field of corrections and introduced House Bill No. 393 during their last months
when presented to a selected group of jurist, in Congress. Passed in the Lower House, this was
penologist, civic leaders, social and behavioral pending in the Senate when Martial Law was
practitioners, it was overwhelmingly endorsed the proclaimed in 1972.
establishment of an Adult Probation System in the The agitations for the adoption of an adult probation
Philippines. law continued. In 1973, the technical staff of the
On the last day of the First National Convention on Bacolod City Police Advisory Council, headed by Lt. Col.
Crime Control held at Camp Aguinaldo, Quezon City, Arcadio S. Lozada and assisted by US Peace Corps
Presidential Decree No, 968 also known as Adult Volunteer Alvin L. Koenig, prepared a proposed
Probation Law of 1976 was signed into law by the Probation Decree which incorporated pertinent
President of the Philippines, His Excellency Ferdinand E. provisions of the Natividad and Laurel Bills. This was
Marcos. The law gave birth to the agency named submitted to the Secretary of Justice and the National
Probation Administration, a line agency under the Police Commission after a thorough perusal by a study
Department of Justice. committee of the Integrated Bar of the Philippines and
The operation of the probation system in 1976-1977 subsequent indorsement by its national Board of
was a massive undertaking during which all judges and Directors.
prosecutors nationwide were trained in probation Late in 1975 the National Police Commission, sitting en
methods and procedures; administrative and banc and headed by Defense Secretary Juan Ponce
procedural manuals were developed; probation officers Enrile who was the concurrent Chairman of
were recruited and trained; and the central office and NAPOLCOM, heard the report “Meeting the
also the probation field offices were organized Challenge of Crime” of the Philippine delegation to the
throughout the country. Fifteen probation officers were 5th United Nations Congress held in Geneva, Switzerland
selected from the first batch of trainees for an in September 1975. At that time, the Philippines was
observation tour to the Los Angeles Training Academy, among the few participating countries without an adult
April 1, 1977. probation system. Citing the role of probation in an
integrated approach to crime prevention, the
delegation urged priority action on the establishment of The Agency was placed in the forefront in relation to
the system. This was the turning point that led to the crime prevention, treatment of offenders in the
passage of the law. The Inter-Disciplinary Committee on comunity-based setting, and in the overall
Crime Prevention created in 1974 by Secretary Enrile administration of criminal justice by mandating the
and chaired by Commissioner Teodulo Natividad, then revitalization of the Volunteer Probation Aide (VPA)
pursued the preparation of the probation decree. Program pursuant to Executive Order 468 dated
Eighteen technical hearings were conducted, attended October 11, 2005.
by 60 resource persons, after which the draft decree Under Republic Act No. 10389, “Recognizance Act of
was presented at the Seminar on the Probation System 2012”, the Administration was directed to monitor and
sponsored by the NAPOLCOM, Philippine Constabulary evaluate the activities of the person on release on
and Integrated National Police, and the University of the recognizance.
Philippines Law Center on April 24, 1976. This was
studied and overwhelmingly endorsed by 369 T he adult probation as a reformation idea was twice
participants representing various sectors of society. A attempted to be implanted in the country’s justice
final draft of the decree was subsequently prepared, system. First was in 1935 and second in 1972. On
then reviewed and endorsed to the President of the August 7, 1935, the Philippine Legislature passed Act
Philippines by the Minister of Justice, Minister of No. 4221. This Act created the Probation Office under
National Defense, and Chief Justice of the Supreme the Department of Justice, headed by a Chief Probation
Court. Officer appointed by the American Governor-General
Thus, the law was born on July 24, 1976. It was during with the advice and consent of the US Senate. The Act
the closing ceremonies of the First National Conference also granted probation to first-time offenders 18 years
on a Strategy to Reduce Crime held at Camp Aguinaldo, old above and convicted of certain crimes. However,
Quezon City, that President Ferdinand E. Marcos signed two years after its implementation, on November 16,
Presidential Decree (P.D.) No. 968, otherwise known as 1937, the Supreme Court declared it unconstitutional
the Probation Law of 1976, in the presence of nearly because of its constitutional and procedural defect. In
800 representatives of the country’s criminal justice 1972, House Bill No. 393 was filed in the Congress with
system. the purpose of establishing a probation system in the
country. Its provisions removed the defects of the
DEVELOPMENT previous law that made it constitutionally and
Under Executive Order No. 292, “The Administrative procedurally defective. Despite the Congress passing
Code of 1987” which was promulgated on November the bill, HB No. 393 gathered dust in the Senate of the
23, 1989, the Probation Administration was renamed Philippines upon declaration of Martial Law. In 1975,
“Parole and Probation Administration” and given the the late Assemblyman Teodulo C. Natividad introduced
added function of supervising prisoners who, after another proposed probation decree. The proposed
serving part of their sentence in jails are released on decree was presented on April 24, 1976, at the seminar
parole pardon with parole conditions on probation system sponsored by the National Police
Moreover, the investigation and supervision of First Commission (NAPOLCOM) at the UP Law Center. It was
Time Minor Drug Offenders (FTMDO) placed under also presented at the First National Conference on
suspended sentence became another added function of Crime Control on July 22-24, 1976. The bill underwent
the Administration pursuant to Sections 66 – 70 of eighteen (18) technical hearings and submitted to a
Republic Act 9165, “The Comprehensive Dangerous selected group of jurists, penologists, civil leaders, social
Drugs Act of 2002” and by virtue of the Memorandum and behavioral scientists and law practitioners before it
of Agreement between the Dangerous Drugs Board and was endorsed for approval.
Administration dated 17 August 2005. Likewise,
pursuant to Section 57 of Republic Act 9165, the Finally, on July 24, 1976, President Ferdinand E. Marcos
Administration was designated as the authorized signed the proposed decree known as Presidential
representative of the Dangerous Drugs Board under the Decree No. 968 (PD 968) or the “Adult Probation Law of
Voluntary Submission Program. 1976”. With its enactment, it created the Probation
Administration. The late Congressman Teodulo C.
Natividad recognized as the Father of Philippine
Probation was appointed its first Administrator. With
PD 968, probation became an added component of
Philippine Corrections System and proved its
institutional worth. On November 23, 1989, with the
passage of Executive Order No. 292 or “The
Administrative Code of 1987”, the Probation
Administration became PAROLE AND PROBATION
ADMINISTRATION (PPA). EO 292 expanded PPA’s
mandate to include supervised treatment of released
prisoners, who after serving a part of their sentence are
released on parole or granted presidential pardon with
parole conditions. In line with this expanded function,
the Board of Pardons and Parole issued BPP Resolution
No. 229 dated April 1991 granting PPA the authority to
conduct pre-parole or pre-executive clemency
investigation on prisoners detained in local and national
jails and prisons. Additionally, the investigation and
supervision of First-time Minor Drug Offenders
(FTMDO) placed under suspended sentence became
another responsibility of PPA. This is in pursuant to
Sections 66, 68 and 81(b) of Republic Act No. 9165 or
“The Comprehensive Dangerous Drugs Act of 2002”, of
DDB Resolution No. 2 dated July 19, 2005, and the
Memorandum of Agreement between Dangerous Drugs
Board and PPA. However, with RA No. 9344 enacted
known as
“The Juvenile Justice Welfare Act of 2006”, these minor
drug offenders were now included in the probation
supervision program of