BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF dissidents to their home and to restore peace and order in the

COMMUNITY-BASED TREATMENT PROGRAMS community

The following are the basic principles underlying the philosophy of c. Commutation of Sentence - An act of the president changing/
community-based treatment programs: reducing a heavier sentence to a lighter one or a longer term into a
1. Humanitarian Aspect - Imprisonment is not always advisable. shorter term.
2. Restorative Aspect - There are measures expected to be
achieved by the offender, such as an establishment of a position in d. Reprieve - A temporary stay of the execution of sentence
the community in which he does not violate the laws especially the execution of the death sentence. Generally, Reprieve
3. Managerial Aspect - Managerial skills are special importance is extended to prisoners sentenced to death
because of the sharp contrast between the per capital cost of
custody and any kind of community program THE NATURE OF PROBATION IN THE PHILIPPINES
 Probation is one of the most effective and economical
SUBJECT COVERAGE tools
1. Probation - One of the most common forms of community  Probation is a procedure wherein a sentence of offender
correction is probation. Probation can be thought of as a type of is temporarily suspended and he is permitted to remain in
post-trial diversion from incarceration. A term coined by John the community, subject to the control of the court and
Augustus, from the Latin verb “probare”- to prove, to test. under the supervision and guidance of a probation
2. Diversion – For juvenile offender or CICL officer.
3. Restitution - In recent years it has become increasingly common  It is a privilege granted by the court to a person convicted
for jurisdictions to include restitution orders as part of probation. of a crime or criminal offense
4. Halfway houses - Community-based residential facilities that are
less secure and restrictive than prison or jail but provide a more -Presidential Decree No. 968 otherwise known as the
controlled environment than other community correctional Probation Law of 1976, he Decree separates adult probation
programs. from juvenile probation for it expressly excludes those entitled
to the benefits under the provisions of Presidential Decree No.
OTHER ASPECTS OF CORRECTIONS 603, known as the Child and Youth Welfare Code, and similar
1. Parole - It is the process of suspending the sentence of a convict law
after having serve the minimum of his sentence without granting
him pardon, and the prescribing term upon which the sentence The Preamble indicates six essential goals, to wit:
shall be suspended. 1. An enlightened and humane correctional system; 2. The
2. Executive Clemency -It shall refer to Absolute Pardon, reformation of offenders;
Conditional Pardon with or without Parole conditions and 3. The reduction of the incidence of recidivism;
Commutation of Sentence as may be granted by the President of 4. To extend to offenders individualized and community-based
the Philippines upon the recommendation of the Board of Pardon treatment programs instead of in1prisonment;
and Parole. 5. It is limited only to offenders who are likely to respond to
a. Pardon -It is a form of executive clemency granted by the probation favorably; and
President of the Philippines as a privilege to a convict as a 6. It is economical or less costly than confinement to prisons
discretionary act of grace. It is an act of grace is extended to and other institutions with rehabilitation programs.
prisoners as a matter of right, vested to the Chief Executive (The
President) as a matter of power. -President Ferdinand E. Marcos issued on July 24, 1976
The following are the two types of pardon: Presidential Decree No. 968 known as the Probation Law of 1976.
1. Absolute Pardon-It refers to the total extinction of the criminal
liability of the individual to whom it is granted without any  The court may, after it shall have convicted and
condition whatsoever and restores to the individual his civil rights sentenced an accused and upon application of said
and remits the penalty imposed for the particular offense of which accused, suspend the execution of said sentence and
he was convicted. place the accused on probation for such period and upon
Purpose: such terms and conditions as it may deem best.
a. To right a wrong  First-time offenders were given a second chance to
b.To normalize a tumultuous political situation. maintain their place in society through a process of
2. Conditional Pardon-It refers to the exemption of an individual, reformation, which is better achieved when he is not
within certain limits or conditions mixed with hardened criminals within prison walls.

b. Amnesty - A general pardon extended to a group of persons, The Philippine Probation Law of 1976, as enacted by Presidential
such a political offenders purposely to bring about the return of Decree No. 968, defines probation as, "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 implies that during the period of time fixed by
probation officer." This decree will take effect on January 2, 1978. the court, the defendant is provided with individualized
community based treatment including conditions he is
TERMS TO PONDER required by the court
The following shall, unless the context otherwise requires, be  He is placed under the actual supervision and visitation of
construed thus: a probation officer.
1. Amicus Curiae – Means friend of the court  If the defendant violates any of the conditions of his
2. Absconding Petitioner- a convicted accused whose application probation, the court may revoked his probation and order
for probation has been given due course by the court but fails to him to serve the sentence originally imposed
report to the parole and probation office or cannot be located  If he fulfills with the terms and conditions of his
within a reasonable period of time. probation, he shall be discharge by the court after the
3. Absconding Probationer- an accused whose probation was period of probation, where upon the case against him
granted but failed to report for supervision within the period shall be deemed terminated
ordered by the court or a probationer who fails to continue  His final discharged shall operate to restore to him all civil
reporting for supervision and/or whose whereabouts are unknown rights lost or suspended
for a reasonable period of time.
4. Defense Counsel/Counsel- lawyer of the petitioner The basic legal conceptions of probation in the Decree are
5. Petition- application for probation. twofold:
6. Petitioner - a convicted defendant who files an application for 1. It as a conditional suspension of the execution of sentence
probation. 2. It is a personal care or treatment and supervision over the
7. Probationer - means a person placed on probation. probationer
8. Probation- is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed PROBATION IS A COURT FUNCTION
by the court and to the supervision of a probation officer. The court assumes a dual role.
9. Probation Investigation - The process of selection, diagnoses and 1. When it acts in accordance with the jurisdiction it acquires over
planning with the client. the accused and proceeds to determine his guilt.
10. Probation Supervision- The continuous process of helping the 2. When the court determines whether or not to grant probation
client to follow through with the plans, reevaluation and working upon application of the offender.
with the client in the process of planning his life to meet dynamic
situation. The petition for probation may be filed by a petitioner directly
11. Probation Officer - public officer like the Chief Probation and with the trial court which exercises jurisdiction over his case. If
Parole Officer (CPPO), Supervising Probation and Parole Officer the court finds that the petition is in due form and that the
(SPPO), Senior Probation and Parole Officer (SrPPO), Parole and petitioner is not disqualified from the grant of probation it shall
Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), refer the same to the Provincial or City Probation Officer within its
who investigates for the Trial Court a referral for probation or jurisdiction as the case may be. The court shall order the Provincial
supervises a probationer or does both functions and performs or City Probation Office to conduct a post-sentence investigation
other necessary and related duties and functions as directed. of the petitioner.
12. Probation Office - refers either to the Provincial or City
Probation Office directed to conduct investigation or supervision The Post-Sentence Investigation is an indispensable requisite to a
referrals as the case may be; grant of probation. The Probation Law provides: "No person shall
13. Probation Order - order of the trial court granting probation be placed on probation except upon prior investigation by the
14. Prosecutor- lawyer of the victim. probation officer and a determination by the court that the ends of
15. Trial Court - refers to the Regional Trial Court (RTC) of the justice and the best interest of the public as well as that of the
Province or City/Municipal Court which has jurisdiction over the defendant will be served thereby."
case.
16. Volunteerism - is a strategy by which the parole and probation Upon the termination of the Post-Sentence Investigation, the
administration may be able to generate maximum citizen probation officer shall submit to the court the investigation report
participation or community involvement in the overall process of on a defendant not later than sixty days from receipt of the order
client rehabilitation. of said court to conduct the investigation.

CONCEPT OF PROBATION -Probation is a privilege and, as such, its grant rests solely upon the
 The court convicts and sentences the defendant but the discretion of the court
execution of the sentence, whether it imposes a fine only -The grant of probation results in the release of the petitioner
or a term of imprisonment is suspended and the subject to the terms and conditions imposed by the court, and to
defendant is released on probation the supervision of the Probation Office.
PROBATION IS ADMINISTRATIVE PROCESS 2. provide an opportunity for the reformation of a penitent
Once the court has granted probation to an offender and has duly offender which might be less probable if he were to serve a prison
imposed the terms and conditions of the probation, the probation sentence; and
officer has the bounden duty to see to it that the probationer 3. Prevent the commission of offenses.
observes all terms and conditions imposed by the court. Probation
supervision is then a primarily an administrative process. A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer benefits and
The primary purposes of probation supervision are: advantages not only to society in general but more soon the part of
(a) To carry out the conditions set forth in the probation order; the offender and the government. Specifically the following are the
(b) To ascertain whether the probationer is following said advantage of probation:
conditions; and 1. Probation prevents crime by offering freedom and aid only to
(c) To bring about the rehabilitation of the probationer and his those who are not likely to assault society again. 2. It protects the
reintegration into the community society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community.
Probation Administration an agency under the Department of 3. It conform the modern humanistic trends in Penology. 4. It
Justice, which shall exercise general supervision over all prevents youthful of first time offenders from turning into
probationers. hardened criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
A. ELEMENTS OF PROBATION 6. It reduces recidivism and overcrowding of jails and prisons.
a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION 7. It reduces the burden of police forces and institution in feeding
1. A post sentence investigation report which will serve as the and guarding detainees.
informational for the court’s decision to grant or deny probation. 8. It gives the first and light offenders a second chance in life.
2. The conditional suspension of execution of sentence by the 9. It makes the offender productive or taxpayers instead of tax
court. eaters.
3. Condition of probation imposed by the court to protect public 10. It restores to successful probationers his civil rights which was
safety and to faster the rehabilitation and reformation of the previously lost or suspended as a result of conviction.
probationer. 11. It has been proven effective in developing countries that have
4. Supervision, guidance and assistance of the offender by a adopted it.
probation officer. 12. It is advocated by the United Nations in its various congresses in
crime prevention and treatment of offenders
b. ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968 B. BENEFITS OF PROBATION
The following are the essential elements of the probation system Probation has the following benefits:
under Presidential Decree No. 968: 1. It protects society
1. Probation is a single or one-time" affair. a. from the excessive cost of detention
2. Probation system is highly selective. b. from the high rate of recidivism of detained offender 2. It
3. Persons under probation retain their civil rights, like the right to protects the victim
vote, or practice one's profession, or exercise parental or marital a. it provides restitution
authority. b. it preserves justice
3. It protects the family
A. OBJECTIVES OF PROBATION a. it does not deprive the wife and children of husband and father
The following are the fundamental objectives of a Probation b. it maintains the unity of a home
Agency 4. It assists the government
1. Assist the court in matters pertaining to sentencing a. it reduces the population of prisons and jail
2. Promote community protection by supervising and monitoring b. it lessens the clogging of courts
the activities of persons on probation c. it lightens the load of prosecutors
3. Promote the betterment of offenders by ensuring that they 5. It helps the offender
receive appropriate rehabilitation services a. it maintains his earning power
b. it provides rehabilitation in the community
B. THE PURPOSE OF THE PROBATION LAW c. it restores his dignity
The purpose of the Probation Law as stated in Section 2 thereof 6. It justifies the philosophy of men
reiterates the above-mentioned characteristics and vests in them a. that life is sacred
the mandate of law. It provides that the purpose of the Decree is b. that all men deserve a second chance
to: c. that and individual can change
1. Promote the correction and rehabilitation of an offender by d. that society has the moral obligation to lift the fallen
providing him with individualized treatment;