NON-INSTITUTIONAL CORRECTION (1)

What is correction?
- is the branch of the administration of CJS charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.

DIFFERENT AGENCY AND DEPARTMENT FACILITIES FOR CORRECTION

-BUCOR is under the DOJ which supervise seven national major prison facilities:
1.National Bilibid Prison (NBP) in Muntinlupa
2.Correctional Institution for Women (CIW) in Mandaluyong City
3.Ihawig Prison and Penal Farm (IPPF) in Palawan
4.Davao Prison and Penal Farm (DPPF) in Davao
5.San Ramon and Penal Farm (SRPPF) in Zamboanga
6.Sablayan Prison and Penal Farm (SPPF) in Mindoro Oriental
7.Leyte Regional Farm (LRF) in Leyte

-BJMP is under the DILG which supervise;

1.Municipal Jail
2.City Jail
3.District Jail

-Provincial Jail is under Provincial Government which also under DILG

-DSWD which take care drug rehabilitation center and youthful rehabilitation centers for juvenile

Other separate Agency:

Parole and Probation Administration (PPA) under the DOJ; Board of Pardons and Parole (BPP)
also under the DOJ; Lock-up Jails under the PNP.

DECONGESTION OF JAILS
*Oplan Decongestion – was formalized through the execution of a memorandum of agreement on
February 12, 1993. Among the Public Attorney’s Office (PAO), the Parole and Probation
Administration, and the Board of Pardons and Parole (BPP), which are all under the DOJ, and the
BJMP. In purposely to decongest or reduce the jail overcrowding.

LAW AND DECREES USUALLY AVAILED TO DECONGEST

Presidential Decree No. 603 – known as the child and youth welfare code, suspends sentence of
minor offenders whose ages range from nine (9) years to under eighteen (18) years.

Batas Pambansa Bilang 85 – authorize the release of a detainee who has undergone Preventive
Imprisonment equivalent to the maximum imposable sentence for the offense he is charged with.

Article 96 of the Revised Penal Code – provides that in meritorious cases, the commutation of the
prisoner’s sentence through presidential action shall be upon the recommendation of the court
which imposed the same.

Article 97 of the Revised Penal Code – which provides that a prisoner shall be entitled to a
deduction from his prison term for good conduct time allowance

DOJ Memorandum Circular no.6 – which directs all wardens or anyone in-charge of local jails to
effect the immediate transfer for National Prisoners to the Bureau of Corrections.

Republic Act No. 9165 – Comprehensive Dangerous Drug Act of 2002 – first minor offender can
avail probation

Republic Act No. 9344 – Juvenile and Justice welfare Act of 2006. Fifteen (15) and below shall be
exempt from criminal liability, fifteen (15) and one (1) day up to below eighteen acted with
discernment shall be liable for imprisonment.

Republic Act No. 6036 – known as the Release on Recognizance law, provides for the release of
offenders charged with an offense whose penalty is not more than six (6) months and/or a fine of
two thousand (2000) or both, to the custody of a responsible person in the community, instead of
a bail bond.
Republic Act No. 6127 – fully deducts the periods of the offenders’ preventive detention from the
sentence imposed by courts.

Republic Act No. 4103 – as amended, creating the Board of Pardon and Parole tasked to look into
the physical, mental and moral record of prisoners to determine who shall be eligible for parole or
conditional pardon.

Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976.

APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

1.The Institutional Correction or Based Approach – The rehabilitation of offenders in jail or prison.
2.Non-Institutional Correction or Community Based Approach – Correctional activities that may
take place within the community or inside the community.

THE NATURE OF PROBATION IN THE PHLIPPINES

Probation Definition
- from the Latin word “probation” which means testing. The word probation is also said to
be originated from the Latin verb “probare” which means to prove.
Probation under PD 968
- it is 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 officer.

TERMS TO PONDER
Absconding Petitioner – a convicted accused whose application for probation has been given due
course by the court but failed to report to the parole and probation office or cannot be located
within a reasonable period of time.
Absconding Probationer – an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue reporting
for supervision and/or whose whereabouts are unknown for a reasonable period of time.
Defense Counsel – lawyer of the petitioner
Petition – application for probation
Petitioner – a convicted defendant who files an application for probationer
Probationer – means a person placed in probation
Probation Investigation – the process of selection, diagnoses and planning with the client
Probation Supervision – the continuous process of helping the client to follow through with the
plans, reevaluation and working with the client in the process of planning his life to meet dynamic
situation.
Probation Officer – person who investigates for the Trial Court a referral for probation or
supervises a probationer or does both function and performs other necessary and related duties and
functions as directed.
Probation Order – order of the trial court granting probation.

CONCEPT AND PHILOSOPHY OF PROBATION

1.It is a conditional suspension of the execution of sentence.
2.It is a personal care or treatment and supervision over the probationer

PROBATION IS A COURT FUNCTION

-no person shall be placed on probation except upon prior investigation by the probation officer
and 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 serve thereby.

ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER PD DECREE

NO. 968
-Probation is a single or one-time affair
-Probation system is highly selective
-Persons under probation retain their civil rights, like the right to vote, or practice one’s profession,
or exercise parental or marital authority.
AREAS OF THE PROBATION LAW
-The cut-off point at six years imprisonment for extending the benefits of probation refers to the
sentence actually imposed, not that prescribed by law for the offense committed.
-The probation law does not disqualify one who has been convicted of an offense penalized by
DESTIERRO.
-Probation, it is argued, as laid out by the Decree is primarily a judicial function
-It cannot be made at any time after conviction and sentence, but rather extends only up to the
actual commitment of the defendant to prison for the service of his sentence, and not thereafter
-The application for probation may be in any form, whether written or oral
-Defendant is not entitled as a matter of right to the assistance of counsel in the investigation
-Neither is the constitutional guarantee against self-incrimination that no person shall be compelled
to be a witness against himself, available in the investigation.
-Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case, or on release of
recognizance
-While the grant or denial of probation is not appealable, certiorari will lie, under the general law
on certiorari (a writ or order by which higher court reviews a decision of a lower court)
-The grant of probation does not erase, modify of otherwise affect the offender’s civil liability

RELATED PROVITIONS UNDER REPUBLIC ACT NO. 9344

Republic act No. 9344: Probation as an Alternative to Imprisonment – The court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at any time,
place the child on probation in lieu of service of his/her sentence taking into account the best
interest of the child.

DISTINCTION BETWEEN PROBATION UNDER PD NO. 603 AND UNDER PD

NO. 968
-PD No. 603 – The youthful offender or CICL is neither convicted nor sentenced although the
court finding him guilty determines the imposable penalty and orders his commitment as a matter
of course to any of the trustees for his correction and rehabilitation, even without his asking for it
and without any prior investigation.
-PD No. 968 – The offender is convicted and sentenced. The application is required.

WHO IS MATHEW DAVENPORT HILL?

-He is considered the father of probation in England. He finds persons who act as guardian of the
juvenile offender. Then at an unexpected period, the confidential officer visits the guardian, makes
inquiries and keeps notes of information received.

HISTORICAL DEVELOPMENT OF PROBATION IN UNITED STATES

-First state to enact a real probation law in US in Massachusetts. The first practical demonstration
of probation, first use of the term as court service, and the enactment of the first probation law
occurred in Massachusetts. On March 4, 1925 the US Federal Probation Act was enacted.

WHO IS JOHN AUGUSTUS?

-John Augustus is the father of probation in the US
-He is a shoemaker and promoted temperance to reclaim drunkards. Later begun to take men and
women charged with other crimes, then eventually children. His method was to provide bail for a
temporary suspension of sentence. He counsels and assist such person find homes, securing
employment and adjusting family difficulties. At the end of the probation period, he brought back
the offender to court, and if no further complaint had been lodged against the offender, the judged
imposed a nominal fine with costs. If the man was too poor, Mr. Augustus advanced the amount,
usually as loan.

AUGUSTUS EXPERIMENT
-He started on 1841 through a rugged drunk man. Three weeks after, the drunkard was brought
back to court where the judge cannot recognize him. He died on June 21, 1859. And out of 2000
person whom he extended his help, only 10 were ungrateful, and out of 1100 cases, only one case
was forfeited. Massachusetts became the 1st country to enact a probation law on April 21, 1878.
HISTORY OF PROBATION IN THE PHILIPPINES
The Adult Probation Law of 1935
-The Philippine Legislature enacted the first probation of the PH. The first legislation was Act No.
4221 enacted by Philippine legislature on August 7,1935 and which created a Probation Offices
under the Department of Justice led by the American Governor General with the advice and
consent of the United States. This act was deemed as unconstitutional in a reason of the section 11
of this act, were called or considered as fatal or deadly probation.

WHO IS TEODULO C. NATIVIDAD?

-He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily
tasked with the drafting of the adult probation law. Inter-Disciplinary Committee on Crime
Prevention (IDCCP) was created to formulate a national crime prevention program for the courtly.

FORERUNNERS OF PROBATION
Benefits of the Clergy – earliest for softening of the brutal severity of punishment. This was a
compromise between the church and the king that, if any member of the clergy was brought to trial
before the king’s court, such clergy could be claimed from the jurisdiction by the bishop or chaplain
representing him on the ground that the prisoner was subject to the authority of the Ecclesiastical
Court only.
Judicial Reprieve – withdrawal of sentence for an internal of time whereby the execution of the
sentence is suspended either before or after judgement such as when there is a favorable
circumstance in the criminal’s character in order to give him opportunity to apply to the King for
either an absolute or conditional pardon.
Release of Recognizance or “Binding over for good behavior” – this is considered as the direct
ancestor of probation. This involves an obligation or promise sworn to under court order by a
person not yet convicted of crime he would keep the peace and be of good behavior.
Transportation – an ancient practice of banishment. It served mainly as cheap source of supplying
labor to the colonies of England.
CRITERIA FOR PLACING AN OFFENDER ON PROBATION
Under Section 8 of PD No. 968, in determining whether an offender may be placed on probation,
the court shall consider all information relative to the character, antecedents, environment, mental
and physical condition of the offender, and available institution and community resources.

Probation shall be denied if the court finds that:

-The offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
-There is undue risk that during the period of probation the offender will commit another crime;
-Probation will depreciate the seriousness of the offense committed.

-However, under Section 70 of RA No. 9165, the Comprehensive Dangerous Drugs Act of 2002,
the first-time minor of offender who upon promulgation of the sentence, the court may, in its
discretion, placed the accused under probation, even if the sentence provided under Sec.11 of the
Act is higher than that provided under Probation Law.

PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVILEGE

-However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006, a Child in Conflict with
the Law (CICL) is granted the right to probation as an alternative to imprisonment if qualified
under the Probation Law.

PROBATION IS NOT A SENTENCE

-but is rather in effect a suspension of the imposition of sentence. It is not a final judgement but is
rather an “interlocutory judgement” in the nature of a conditional order placing the convicted
defendant under the supervision of the court.

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

-an offender can be granted probation only once in his lifetime
-Under PD No. 1990, an order granting or denying probation not be appealable but can file for
Certiorari.
WHO ARE QUALIFIED TO PROBATION?
-any first time convicted offender, 18 years of age and above not otherwise disqualified under PD
968
-as general rule probation applies to all sentenced or convicted offenders. All first-time offenders
convicted of crimes punished by imprisonment of not more than 6 years.

Exceptions:
-Those entitled to the benefits of PD 603 as amended otherwise known as the Child and Youth
Welfare Code. Hence, an offender who is under 18 years of age must be dealt with in accordance
with the more liberal and beneficent provisions of PD603.
-Those that are found Guilty in violation of R.A. 6425, otherwise known as the Dangerous Act of
1972 as amended by RA No. 9165.

DISQUALIFIED OFFENDERS FOR PROBATION

-Those offenders who has not been convicted and sentenced
-Those that are found guilty in violation of the Omnibus Election Code of the Philippines.
-Those who are found guilty in violation of PD 1987 (an act creating the Video gram Regulatory)
-Those that are found in violation of RA 6727 otherwise known as the Wage Rationalization Act.

Other Disqualified Offenders:

-Those sentenced to serve a maximum term of imprisonment of more than six (6) years.
Note: the six years minimum refers to the sentence actually imposed, and not that prescribed by
law for the offence committed.
-Those who have previously been convicted by final judgment;

Previous Conviction:
-if one month, qualified for probation
-if one month and one day or more, disqualified for probation
-less than two hundred pesos, qualified for probation
-two hundred pesos or more, disqualified for probation
-Those convicted of subversion or any crime against the national security or public order;
-Those who have been once on probation under the provisions of PD No. 968, as amended;
-Those who are already serving sentence at the time substantive provisions of the decree became
applicable pursuant to section 33 of PD 968.

WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?

-A petition for probation shall be filed by the applicant for probation or the petitioner with the
courts that tried and sentenced the offender at any time before the imprisonment starts.
-Any time before the offender starts serving his sentence but within period for Perfecting an Appeal
or fifteen (15) days from the promulgation or notices of the judgement of conviction.