LEARNING MODULE IN NON-INSTITUTIONAL CORRECTIONS

COURSE OVERVIEW
The course will primarily focus on the different
forms, types or kinds of Non-Institutional
Correction/Community Based Corrections or
Non-Confinement Corrections. It includes the
different methods, forms, type or kinds of clemency.
The processes of the grant, revocation, cancellation,
or disqualification of the party concerned as provided
in the law, rules, guidelines or manual.

LEARNING OBJECTIVES:

After learning this module, you should be able to:

identify the Advantages and Disadvantages of Non-Institutional Correction or
Community Based Corrections;
trace the Historical accounts of Pardon, Amnesty, Parole, and Probation;
explain the Total and Partial Extinction of Criminal Liability, including
relevant provisions of the law on Allowance for Good Conduct, and Special
Time Allowance for Loyalty for PDLs under PNP, NBI, BJMP, Provincial
Jails, BUCOR and others;
discuss the Social and Political Justifications for early discharge or early
release of PDLs;
compare the different Types of Clemency; and
demonstrate knowledge on the Processes, Petition or Application and the
Grant of Pardon Absolute or Conditional, Parole, and Probation as provided in
their respective Laws, IRR, Guidelines, Rules, and Manual of procedure.

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TABLE OF CONTENTS

3 MODULE 1. COMMUNITY-BASED CORRECTION

3 LESSON 1. INTRODUCTION TO COMMUNITY-

BASED CORRECTION

14 LESSON II. THE NATURE OF PROBATION IN

THE PHILIPPINES

30 LESSON III. THE HISTORICAL DEVELOPMENT

OF PROBATION IN THE PHILIPPINES

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MODULE I
COMMUNITY-BASED
CORRECTION

At the end of Module 1, you should be able to:

➢ explain the dual purpose of Correction;
➢ identify the dis-advantages of community-based correction program;
➢ explain the importance of Probation;
➢ differentiate probation under PD No. 968 and PD No. 603 as amended by
RA 9344;
➢ analyze the given case on RA 4221; and
➢ differentiate P.D. 968 to Act no. 4221.

LESSON
History of Probation
LESSON I.
INTRODUCTION TO COMMUNITY-
BASED CORRECTION

THE PRESENT PHILIPPINE CORRECTIONAL SET-UP

A. WHAT IS CORRECTION?
Correction is the branch of the
administration of CJS charged with the
responsibility for the custody,
supervision and rehabilitation of
convicted offenders.

It is also defined as the STUDY OF

JAIL OR PRISON MANAGEMENT
AND ADMINISTRATION as well as
the rehabilitation and reformation of
criminals.

Further, it is defined as a GENERIC TERM that includes all government agencies,

facilities, programs, procedures, personnel, and techniques concerned with the investigation,
intake, custody, confinement, supervision, or treatment of alleged offenders.

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B. DUAL PURPOSE OF CORRECTIONS
1. To punish and
2. To rehabilitate the offender.

C. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM

Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field
of criminal justice administration, it utilizes the body of knowledge and practices of the
government and the society in general involving the process of handling individuals who have
been convicted of offenses for purposes of crime prevention and control.
Among the five pillars of the criminal justice system, corrections is the least heard, known
or understood society seems to have some reluctance to look at it although its role in the
reformation and rehabilitation of offenders cannot be overemphasized. Furthermore, jail
administration and control in our country is distributed to at least, four agencies:
The BUREAU OF CONNECTIONS (BUCOR), under the DOJ;
which has supervision over the national penitentiary and its penal
farms;

The BUREAU OF JAIL MANAGEMENT AND PENOLOGY

(BJMP), under the DILG; which has the exclusive control over all
city, municipal and district Jails nationwide;

The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control

their respective provincial and sub-provincial Jails; and

the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT

(DSWD), which takes care of, among others, youthful offenders
entered in detention centers for juveniles.

Other agencies under this pillar are the: (Community Based Correction)

1. The Parole and Probation Administration (PPA) under the Department of Justice
(DOJ); and
2. The Board of Pardons and Parole also under the Department of Justice.
NOTA BENE: There are also LOCK-UP JAILS
under the Philippine National Police (PNP); this
fragmented administration of jails often creates
confusion since many are not aware of this set-up.

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Generally, corrections, as a component of the system are responsible for:

1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and

others.
2. The PROTECTION of law-abiding members of society by keeping convicted
offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in preparation for their
eventual reintegration to the mainstream of society and helping them lead a normal
life after release.
4. The DETERRENCE of crimes, experience in prison and the fear of isolation and
denial of liberty will influence inmates and potential offenders to lead a life not in
conflict or afoul with the law.

A. DECONGESTION OF JAILS
There are several laws, decrees and circulars which we implement to decongest our jails.
But before we discuss these, allow me to show you how congested our jails are as far as the
national capital region is concerned.
Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail
congestion is WORLDWIDE. Some industrialized countries like the United States, experience
it, let me cite a few examples: Rikkers Island in New York is actually an island prison facility.
It is overcrowded. To cushion the effect of congestion, two floating dormitories were
constructed to confine offenders therein; in 1995 or four years ago. Director General Keith
Hamburger of the Queensland services commission of Australia reported that congestion is
also a problem in his country.
In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship
international who had toured some of the jails in the National Capital Region (NCR) and the
New Biliid Prisons of the Bureau of corrections in Municipal City observed and commented
that in the 41 countries of the world he had traveled, most have a problem on congestion. He
added that this problem is PREVALENT IN THIRD WORLD COUNTRIES.

In our country, jail congestion,

particularly in big cities and
municipalities, has been a PERENNIAL
PROBLEM ever since. This problem, to
borrow a parallelism, is a sleeping giant.
Unfortunately, for jail administrators and
personnel, the giant has taken up and is
stretching its enormous arms and legs.
OPLAN DECONGESTION must be
put in place to lay this giant back to sleep.
OPLAN DECONGESTION was formalized through the execution of a memorandum
of agreement on February 12, 1993. Among the public attorney’s office, the parole and
probation administration, the Board of Pardons and Parole which are all under the
Department of Justice, and the Bureau of Jail Management and Penology which is under the
Department of the Interior and local government. The avowed PURPOSE of said agreement
(MOA) was jail decongestion through collective and cooperative efforts. Realizing that all

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helps available must be harnessed to effectively combat overcrowding or congestion in jails,
the said memorandum of agreement was EXPANDED on August 17, 1993 with the inclusion
of the National Prosecution service or (NAPROS) as the fifth party thereto.
True to its form, the MOA spreads up its intent through seminars. These offered
opportunities to officials and personnel of the tasked agencies to familiarize themselves with
the mechanics of the agreement, as well as to offer avenue to discuss various aspects of how
jails are to be decongested.

B. LAW AND DECREES USUALLY AVAILED OF TO

DECONGEST JAILS

1. Presidential Decree No. 603, known as the child and young welfare
code, suspends sentence of minor offenders whose ages range from
nine (9) years to under eighteen (18) years and place them in
rehabilitation centers under the supervision of the Department of
Social Welfare and Development before they are released to the
custody of their parents or to any responsible person.
2. Batas Pambansa Bilang 85, authorizes the release of a detainee who
has undergone preventive imprisonment equivalent to the maximum imposable sentence
for the offense he is charged with’
3. 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; and ARTICLE 97, which provides that a prisoner shall
be entitled to a deduction from his prison term for good conduct; and
4. DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local
jails to effect the immediate transfer of national prisoners to the Bureau of corrections.
5. Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002) -
1st time minor offender (probation) for use 2 possession only./deport
6. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)
7. 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 pesos (2,000) or both, to the custody of a responsible person in the
community, instead of a bail bond;
8. Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention
from the sentence imposed by the courts;
9. Republic Act No. 4103, as amended, creating the Board of Pardons 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.
10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976.
Probation is, of course, a very important legal instrument that contributes to the
decongestion of Philippine jails.

C. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

The Philippine Correctional System has two approaches, and these are, the Community
based and institution-based systems.

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1. The Institution-Based Approach-The rehabilitation of offenders in jail or prison
The institution-based approaches has three levels and are manned by three different
government agencies responsible for the supervision and control of the numerous
institutional facilities nationwide which provide safekeeping and rehabilitation of inmates,
namely:
1. The national prison’s and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government; and
3. The City, Municipal and District Jails under the Department of Interior and Local
Government.
The Bureau of corrections, headed by a non-uniformed director, under the department
of Justice, supervises and controls the national prisons and penal farms.

2. Non-Institutional Correction or Community-Based Approach- It refers to correctional

activities that may take place within the community or the method of correcting sentenced
offenders without having to go to prison.
Not all convicted offenders have to serve their sentence behind bars. Some of them are
allowed to stay in the community, subject to the conditions imposed by the court.
They are either granted probation, parole, conditional pardon or recognizance. The
parole and probation Administration under the Department of Justice is the government
agency that supervises the activities of the probationer, parolee and pardonee and monitors
his compliance with conditions imposed.

What is a Community correction?

It is a sanction in which offenders serve some
or all their sentence in the community. It is
sometimes referred to as non-institutional
corrections. The subfield of corrections in which
offenders are supervised and provided services
outside jail or prison.

DISTINCTION BETWEEN INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTION

Institutional Non-Institutional
That aspect of the That aspect of the
correctional enterprise correctional
that involves the enterprise that
incarceration and includes pardon,
rehabilitation of adults probation, and parole
and juveniles convicted activities,
of offenses against the correctional
law, and the confinement administration not
of persons suspected of a directly connectable
crime awaiting trial and to institutions, and
adjudication. miscellaneous
(activity) not directly
related to
institutional care.

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I. COMMUNITY-BASED CORRECTION PROGRAMS IN THE PHILIPPINES

The Community-Based Treatment Programs are those programs that are intended to treat
criminal offenders within the free community as alternatives to confinement. It includes all
correctional activities directly addressed to the offender and aimed at helping him to become a
law-abiding citizen.
Community-based correction programs began in the 1970s, 1980s, and 1990s. The
programs offer an alternative to incarceration within the prison system. Many criminologists
believed a significant number of offenders did not need incarceration in high security prison
cells. Some inmates, who might otherwise have been ready to turn away from a life of crime,
instead became like the hardened criminals they associated with in prison.
In response, states, counties, and cities established local correctional facilities and programs
that became known as community-based corrections. These facilities, located in
neighborhoods, allowed offenders normal family relationships and friendships as well as
rehabilitation services such as counseling, instruction in basic living skills, how to apply for
jobs, and work training and placement.

I. ADVANTAGES OF COMMUNITY-BASED CORRECTION

1. Family members need not be victims also for the imprisonment of a member because
the convict can still continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and
be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will be eliminated
which is extremely beneficial on the part of the government.

II. THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE

SYSTEM
Community sentence seeks to repair the harm the offender has caused the victim or the
Community, provide for public safety and rehabilitate and promote effective reintegration.

A community correction has traditionally emphasized REHABILITATION as its goal.

The staff of community correctional programs has two potentially competing roles that
reflect different goals:
a. Seeing that offenders comply with the orders of community sentences.
b. Helping offenders identify and address their problems and needs.

III. BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-

BASED TREATMENT PROGRAMS
The following are the basic principles underlying the philosophy of community-based
treatment programs:

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1. Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to
custodial coercion is to place him in physical jeopardy, thus drastically narrowing his
access to sources of personal satisfaction and reducing his self-esteem.

2. Restorative Aspect - There are measures expected to be achieved by the offender, such
as an establishment of a position in the community in which he does not violate the
laws. These measures may be directed at changing and controlling the offender. The
failure of the offender to achieve these can result to recidivism.

3. Managerial Aspect - Managerial skills are special importance because of the sharp
contrast between the per capital cost of custody and any kind of community program.
It is easier to manage those undergoing community-based treatment programs than that
of custodial control.

IV. SUBJECT COVERAGE

1. Probation - One of the most common forms of community
correction is probation. Probation can be thought of as a
type of post-trial diversion from incarceration. A term
coined by John Augustus, from the Latin verb “probare”-
to prove, to test.
It is a disposition under which a defendant after
conviction of an offense, the penalty of which does not
exceed 6 years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the
supervision of a probation officer.
Furthermore, it is define as a sentence in which the
offender, rather than being incarcerated, is retained in the
community under the supervision of a probation agency
and required to abide by certain rules and conditions to
avoid incarceration.

2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become increasingly common for jurisdictions to

include restitution orders as part of probation.
Money paid or services provided to victims, their survivors, or to the community
by a convicted offender to make up for the injury inflicted.

4. Halfway houses - Community-based residential facilities that are less secure and
restrictive than prison or jail but provide a more controlled environment than other
community correctional programs.

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Goal of Halfway House: The goal of halfway houses is to provide offenders with a
temporary period of highly structured and supportive living so that they will be better
prepared to function independently in the community upon discharge.

What is home Confinement? It is a program that requires offenders

to remain in their homes except for approved periods of absence;
commonly used in combination with electronic monitoring. Home
confinement is also known as home incarceration, home detention,
and house arrest.

OTHER ASPECTS OF CORRECTIONS

1. Parole - It is the process of suspending the

sentence of a convict after having serve the
minimum of his sentence without granting him
pardon, and the prescribing term upon which the
sentence shall be suspended.

2. Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without Parole
conditions and Commutation of Sentence as may be granted by the President of the
Philippines upon the recommendation of the Board of Pardon and Parole.

a. Pardon It is a form of executive clemency granted by the

President of the Philippines as a privilege to a convict as a
discretionary act of grace. It is an act of grace is extended to prisoners
as a matter of right, vested to the Chief Executive (The President) as
a matter of power. Neither the legislative nor the judiciary branch of
the government has the power to set conditions or establish
procedures for the exercise of this Presidential prerogative. The
following are the two types of pardon:

1. Absolute Pardon-It refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores
to the individual his civil rights and remits the penalty imposed for the particular
offense of which he was convicted.

Purpose:
a. To right a wrong
b.To normalize a tumultuous political situation.

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Absolute Pardon is also granted by a President to an imprisoned president
the incumbent has deposed. Absolute Pardon is granted in order to restore full
political and civil rights to convicted persons who have already served their
sentenced and have reached the prescribed period for the grant of Absolute
Pardon.

2. Conditional Pardon-It refers to the exemption of an individual, within certain

limits or conditions; from the punishment that the law inflicts for the offense he
has committed resulting in the partial extinction of his criminal liability.

It is also granted by the President of the Philippines to release an inmate

who has been reformed but is not eligible to be released on parole.

b. Amnesty - A general pardon extended to a group of persons, such a political offenders

purposely to bring about the return of dissidents to their home and to restore peace and
order in the community.

c. Commutation of Sentence - An act of the president changing/ reducing a heavier

sentence to a lighter one or a longer term into a shorter term. It may alter death sentence
to life sentence or life sentence to a term of years. It does not forgive the offender but
merely to reduce the penalty pronounce by the court.

d. Reprieve - A temporary stay of the execution of sentence especially the execution of

the death sentence. Generally, Reprieve is extended to prisoners sentenced to death.

The date of execution of sentenced is set back several days to enable the Chief to study
the petition of the condemned man for commutation of sentenced or pardon.

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NAME: YEAR and SEC: SCORE:

SELF-LEARNING ACTIVITY
MODULE I. LESSON I

ESSAY. Read the questions below.

1. Explain the dual purpose of Correction.

2. Now you’ve learned the advantages of community-based correction programs,

for you, what are now the disadvantages of community-based programs?

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ESSAY RUBRIC
10 8 6 2
CATEGORY Above Standards Meets Standards Approaching Standards Below Standards
Sentence All sentences are Most sentences Most sentences are well Most sentences are
Structure well-constructed are well- constructed, but there is not well-
with varied constructed and no variation is structure. constructed or
structure. there is some varied.
varied sentence
structure in the
essay.
Sequencing Arguments and Arguments and A few of the support Many of the
support are support are details or arguments are support details or
provided in a provided in a not in an expected or arguments are not
logical order that fairly logical logical order, distracting in an expected or
makes it easy and order that makes the reader and making the logical order,
interesting to it reasonably easy essay seem a little distracting the
follow the author\'s to follow the confusing. reader and making
train of thought. author\'s train of the essay seem
thought. very confusing.

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LESSON II.
THE NATURE OF PROBATION
IN THE PHILIPPINES

Most correctional authorities believed that probation is one of the most effective and
economical tools which society now has available for the care, treatment and rehabilitation of
certain adult and juvenile offenders against the law. Probation is 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.

Presidential Decree No. 968 otherwise known as the Probation Law of 1976 recognizes
such trend. However, the Decree separates adult probation from juvenile probation for it
expressly excludes those entitled to the benefits under the provisions of Presidential Decree
No. 603, known as the Child and Youth Welfare Code, and similar laws.

Statements of the principles, goals and objectives of the Probation Law are found in its
Preamble. The Preamble indicates six essential goals, to wit:

1. An enlightened and humane correctional system;

2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs
instead of in1prisonment;
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions with
rehabilitation programs.

To provide a less costly alternative to the imprisonment of first-

time offenders, then President Ferdinand E. Marcos issued on July
24, 1976 Presidential Decree No. 968 known as the Probation Presidential
Law of 1976. Under PD 968, the court may, after it shall have Decree No. 968
convicted and sentenced an accused and upon application of said
accused, suspend the execution of said sentence and place the
accused on probation for such period and upon such terms and
conditions as it may deem best. First-time offenders were given a second chance to maintain
their place in society through a process of reformation, which is better achieved when he is not
mixed with hardened criminals within prison walls.

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PROBATION DEFINE
The word probation is from the Latin word “probatio” which
means testing. the word probation is also said to be originated from
the Latin verb “probare” which means to prove.
In criminal law it is a period of supervision over an offender,
ordered by a court instead of serving time in prison.
In the case of Frad v. Kelly, "Probation is a system of tutelage
under the supervision and control of the court which has jurisdiction
over the convicted defendant, has the record of his conviction and
sentence, the records and reports as to his compliance with the
conditions of his probation, and the aid of the local probation officer,
under whose supervision the defendant is placed." It consists of the
conditional suspension of punishment while the offender is placed under personal supervision
and is given individual guidance or treatment.
The Philippine Probation Law of 1976, as enacted by Presidential 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
officer." This decree will take effect on January 2, 1978.

TERMS TO PONDER
As used in Section 3 of PD 968 and Section 4 of Parole and probation administration
omnibus rules on probation methods and procedure. The following shall, unless the
context otherwise requires, be construed thus:

Amicus Curiae – Means friend of the court

Absconding Petitioner- a convicted accused whose application for probation has been
given due course by the court but fails 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/Counsel- lawyer of the petitioner
Petition- application for probation.
Petitioner - a convicted defendant who files an application for probation.
Probationer - means a person placed on probation.
Probation- 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.
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 - public officer like the Chief Probation and Parole Officer (CPPO),
Supervising Probation and Parole Officer (SPPO), Senior Probation and Parole Officer

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(SrPPO), Parole and Probation Officer II (PPOII), or Parole and Probation Officer I
(PPOI), who investigates for the Trial Court a referral for probation or supervises a
probationer or does both functions and performs other necessary and related duties and
functions as directed.
Probation Office - refers either to the Provincial or City Probation Office directed to
conduct investigation or supervision referrals as the case may be;
Probation Order - order of the trial court granting probation
Prosecutor- lawyer of the victim.
Trial Court - refers to the Regional Trial Court (RTC) of the Province or
City/Municipal Court which has jurisdiction over the case.
Volunteerism - is a strategy by which the parole and probation administration may be
able to generate maximum citizen participation or community involvement in the
overall process of client rehabilitation.

CONCEPT AND PHILOSOPHY OF PROBATION

A. CONCEPT OF PROBATION
P.D 968 as amended, otherwise known as the probation law of 1976 defines probation. The
court convicts and sentences the defendant but the execution of the sentence, whether it
imposes a fine only or a term of imprisonment is suspended and the defendant is released on
probation. Probation implies that during the period of time fixed by the court, the defendant is
provided with individualized community based treatment including conditions he is required
by the court to fulfill his correction and rehabilitation which might be less probable if he were
to serve a prison sentence, and for this purpose, he is placed under the actual supervision and
visitation of a probation officer.
If the defendant violates any of the conditions of his probation, the court may revoked his
probation and order him to serve the sentence originally imposed. On the other hand, if he
fulfills with the terms and conditions of his probation, he shall be discharge by the court after
the period of probation, where upon the case against him shall be deemed terminated. His final
discharged shall operate to restore to him all civil rights lost or suspended as result of his
conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted. However, he shall continue to be obliged to satisfy liability resulting
from the crime committed by him.
The basic legal conceptions of probation in the Decree are twofold: First, it as a
conditional suspension of the execution of sentence - It denotes that the court assumes a
primary role because a grant of probation is judicially dispensed and controlled. Second it is a
personal care or treatment and supervision over the probationer - It indicates the
administrative aspect of probation through the supervision of a probation officer and from the
point of view of social workers, a social casework treatment.

PROBATION IS A COURT FUNCTION

In the Probation Law, the court assumes a dual role. First, when it acts in accordance with
the jurisdiction it acquires over the accused and proceeds to determine his guilt. Assuming an
affirmative finding of the offender's guilt beyond reasonable doubt, the court would convict
and sentence said offender. Second, when the court determines whether or not to grant

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probation upon application of the offender. Sections 3(a) and 4 of the Decree clearly shows
this dichotomy.
The Decree defines probation in Section 3 as "a disposition under which the defendant,
after conviction and sentence, is released subject to the conditions imposed by the court and to
the supervision of a probation officer. It is evident from this provision that an offender will be
released on probation only after conviction and sentence. Furthermore, Section 4 underlines
the necessity of filing an application with the trial court before the suspension of the execution
of the court's judgment. The petition for probation may be filed by a petitioner directly with
the trial court which exercises jurisdiction over his case. If the court finds that the petition is in
due form and that the petitioner is not disqualified from the grant of probation it shall refer the
same to the Provincial or City Probation Officer within its jurisdiction as the case may be. The
court shall order the Provincial or City Probation Office to conduct a post-sentence
investigation of the petitioner. Only upon the filing of an application for probation after
conviction and sentence and a determination that the offender does not fall under any of the
disqualifications set forth in the Decree may the court suspend the execution of sentence.
The Post-Sentence Investigation is an indispensable requisite to a grant of probation. The
Probation Law provides: "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."
The scope of the investigation must be consistent with the purposes of probation. In general,
it is a fact finding inquiry into all information relative to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and
community resources.
Upon the termination of the Post-Sentence Investigation, the probation officer shall submit
to the court the investigation report on a defendant not later than sixty days from receipt of the
order of said court to conduct the investigation. The purpose of the report is to assist the court
in determining whether or not the ends of justice and the best interest of the public as well as
that of the defendant will be served thereby.
The recommendation contained in the report is merely persuasive and is in no way binding
upon the court. Considering the foregoing and compliance therewith, the court will promulgate
a probation order. Probation is a privilege and, as such, its grant rests solely upon the discretion
of the court. The grant of probation results in the release of the petitioner subject to the terms
and conditions imposed by the court, and to the supervision of the Probation Office.33 As to
the conditions to be imposed by the court, they are enumerated in Section 10 of the Presidential
Decree No. 968.
The jurisdiction and control of the court which arises from an imposed sentence, remains
with the court even after a grant of probation. This is evident in Sections 32 and 40 of the Rules
On Probation Methods and Procedures. Section 32 provides: "During the period of probation
the court, motu proprio, or on motion of the probation officer or of the probationer, may revise
or modify the conditions or terms of the probation order." In case of violation of the terms and
conditions imposed by the court, Section 40 provides "if the violation is established, the court
may revoke or continue his probation and modify the conditions thereof. If revoked, the court
shall order the probationer to serve the sentence originally imposed and shall commit the
probationer." This power of the court underlines the non-punitive and non-repressive aspect of

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probation. Such constitutes a sufficient threat to the probationer to fulfill all terms and
conditions imposed by the court.

PROBATION IS AN ADMINISTRATIVE PROCESS

Once the court has granted probation to an offender and has duly imposed the terms and
conditions of the probation, the probation officer has the bounden duty to see to it that the
probationer observes all terms and conditions imposed by the court. Probation supervision is
then a primarily an administrative process.
The primary purposes of probation supervision are:

(a) To carry out the conditions set forth in the probation order;
(b) To ascertain whether the probationer is following said conditions; and
(c) To bring about the rehabilitation of the probationer and his reintegration into the
community.
To carry out these purposes the Probation Law upon its approval carried with it the
establishment of a Probation Administration an agency under the Department of Justice, which
shall exercise general supervision over all probationers. The Administration shall have regional
offices organized in accordance with the field service area pattern established under the
Integrated Reorganization Plan. There shall be at least one probation officer in each province
and city who shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules.
At this juncture, it is to be emphasized that in spite of the fact that the Probation
Administration is an executive agency, control of the courts over the probationer is not lost.
The basis for such is the first paragraph of Section 13 of the Decree which provides that "the
probationer and his probation program shall be under the control of the court who placed him
on probation subject to actual supervision and visitation by a probation officer."

A. PHILOSOPHY OF PROBATION
The Probation adheres to the following philosophy:

1. There is no single cause for delinquent behavior. Human

beings are extremely complicated. It is not possible to trace
complex pattern of Human behavior to any single cause;
2. Delinquent and criminal acts are symptoms. The offender
against our law is exhibiting a symptom of social or
psychological disturbance, just as a headache is a symptom
of a physical disturbance. This means that the juvenile
delinquent or adult offender is in need of treatment. The job
of Probation Administration is to find out what the problems
are beneath the symptom and to recommend appropriate
treatment plans;
3. That the individual has the ability to change and modify his anti-social behavior with
the right kind of help;
4. The central goal of probation Administration is to enhance the safety of the community
by reducing the incidence of Criminal acts by person previously convicted. The goal is

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to achieve through counseling, guidance, assistance, surveillance and restraint of the
offender to enable their reintegration into society as law abiding and productive
members;
5. The basic idea underlying a sentence to probation is very simple. Sentencing is in large
part concerned with avoiding future crimes by helping the defendant learn to live
productively in the community which he has offended;
6. This is of course not to say that probation should be used in all cases, or it will always
produce better results. There are many goals of sentencing some of which in given case
may require the imposition of a sentence to imprisonment even in the face of a
conclusion that the probation is more likely to assure that the public that the particular
defendant will not offend again.
7. By the same token however, it can be said that probation is a good bit more than the
“matter of grace” or “leniency” which characterizes the philosophy of the general
public and of many Judges and legislators on the subjects. Probation is an affirmative
correction too, a tool which is used not because is maximum benefits to the defendant,
but society which is sought to be served by the sentencing criminals;
8. An adequate correctional system will place great reliance on appropriately funded and
manned probation services. Within such context probation services. Within such
context probation can lead to significant improvement in the preventive effects of the
criminal law, at much less of a financial burden than the more typical prison sentence;
9. Imprisonment as a sole cure for prevalence of Crime is no Longer recognized. Prisons
are in themselves often productive of crime and Destructive of the keepers as well as
kept
10. It is generally concealed that probation a matter of privilege to be granted refused at
discretion of the State. The applicant has already been convicted and sentenced by the
court and it is only the mercy of that he may be given probation;
11. No violation of probation conditions should result in automatic revocation;
12. No physical would undertake to prescribe treatment for sick man unless he has repot of
his ailment and condition (diagnosis), a judge should not pass judgment on a man
without post-sentence investigation report.

II. ELEMENTS AND CHARACTERISTICS OF PROBATION

A. ELEMENTS OF PROBATION
a. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
1. A post sentence investigation report which will serve as the informational for the
court’s decision to grant or deny probation.
2. The conditional suspension of execution of sentence by the court.
3. Condition of probation imposed by the court to protect public safety and to faster
the rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the offender by a probation officer.
b. ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968

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The following are the essential elements of the probation system under Presidential
Decree No. 968:
1. Probation is a single or one-time" affair.
2. Probation system is highly selective.
3. Persons under probation retain their civil rights, like the right to vote, or practice
one's profession, or exercise parental or marital authority.
B. CHARACTERISTICS OF PROBATION
1. More enlightened and humane correctional treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
4. It extends to offenders individualized and community based treatment programs instead
of imprisoning them.
5. It is limited to offenders who are likely to respond favorably there to.
6. It is less costly than the confinement of all offenders in prisons.

III. OBJECTIVES AND PURPOSE OF PROBATION

A. OBJECTIVES OF PROBATION
The following are the fundamental objectives of a Probation Agency
1. Assist the court in matters pertaining to sentencing
2. Promote community protection by supervising and monitoring the activities of persons
on probation
3. Promote the betterment of offenders by ensuring that they receive appropriate
rehabilitation services

B. THE PURPOSE OF THE PROBATION LAW

The purpose of the Probation Law as stated in Section 2 thereof reiterates the above-
mentioned characteristics and vests in them the mandate of law. It provides that the purpose of
the Decree is to:

1. Promote the correction and rehabilitation of an offender by providing him with

individualized treatment;
2. provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses.
IV. ADVANTAGES, BENEFITS AND SAVINGS OF PROBATION

A. ADVANTAGES OF PROBATION
The implementation of the Probation Law will confer benefits and advantages not only to
society in general but more soon the part of the offender and the government. Specifically, the
following are the advantage of probation:

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1. Probation prevents crime by offering freedom and aid only to those who are not likely
to assault society again.
2. It protects the society by placing under close supervision non-dangerous offenders
while undergoing treatment and rehabilitation in the community.
3. It conform the modern humanistic trends in Penology.
4. It prevents youthful of first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expends in maintaining jails.
6. It reduces recidivism and overcrowding of jails and prisons.
7. It reduces the burden of police forces and institution in feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights which was previously lost or
suspended as a result of conviction.
11. It has been proven effective in developing countries that have adopted it.
12. It is advocated by the United Nations in its various congresses in crime prevention and
treatment of offenders

B. BENEFITS OF PROBATION
Probation has the following benefits:
1. It protects society
a. from the excessive cost of detention
b. from the high rate of recidivism of detained offender

2. It protects the victim

a. it provides restitution
b. it preserves justice

3. It protects the family

a. it does not deprive the wife and children of husband and father
b. it maintains the unity of a home

4. It assists the government

a. it reduces the population of prisons and jail
b. it lessens the clogging of courts
c. it lightens the load of prosecutors

5. It helps the offender

a. it maintains his earning power
b. it provides rehabilitation in the community
c. it restores his dignity
6. It justifies the philosophy of men
a. that life is sacred
b. that all men deserve a second chance
c. that and individual can change
d. that society has the moral obligation to lift the fallen

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C. SAVINGS OF PROBATION
The following are the savings of probation:

1. Probation is one tenth the cost of detention. As illustrated, the per capita cost of
maintaining one offender in the Philippines is estimated at Php 11,000.00 annually,
while it costs only Php 300.00 to maintain one offender on probation.
2. This means savings of Php 30,000.00 when 10,000 of 40,000 offenders are on probation
annually. It is expected that at least one third of the prisons and jail population in the
country would benefit from probation.
3. The average per capita income of a Filipino in 2003 according to the National Statistics
and Coordination Board (NSCB) was Php 30,703.00. It means that when 10,000
probationers are making a living they will produce Php 307,030,000.00 in goods and
service annually. A part of this goes to the government in forms of taxes. Indeed,
detention makes tax eaters while probation makes TAX PAYERS.
4. The cost of constructing and preparing prisons and jails is enormous which would run
to at least Php10,000,000 annually in order to accommodate 40,000 offenders.
5. The probation system saves the government a total of Php 4.678 Billion in terms of
prisoners maintenance in jails and prisons all over the country.
6. Philippine Probation System adheres to the concept of Restorative Justice. Thus, a total
of Php 137.923 Million has been paid to clients’ victims and/or their heirs
7. The biggest savings of probation aside from money are, however, in the forms of human
resources, dignity, time and opportunity for development, which are most needed by
our society.

VI. PROBLEM AREAS OF THE PROBATION LAW

1. Presidential Decree No. 968 will cover civilians tried and convicted by military
tribunals. Section 1 provides: "it shall apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree No. 603 and similar laws." Section
9 on disqualified offenders does not include those convicted by military tribunals.

What are the "similar laws" referred to in Section 1? Two can readily be mentioned-
The Dangerous Drugs Act of 1972 and the Articles of War.

2. 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.

3. The probation law does not disqualify one who has been convicted of an offense
penalized by DESTIERRO, such as that of killing or inflicting serious physical injuries
under the exceptional circumstances in Article 247 of the Revised Penal Code or
concubinage insofar as the concubine is concerned in Article 334, of the same. Unlike
Section 9(a), Section 9(c) has reference to the penalty imposed by law.

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Under Section 9(d), one who has been on probation only under the Juvenile Delinquency
Act of 1924, Article 80 of the Revised Penal Code, or the Child and Youth Welfare Code
will not be disqualified.

Under disqualification (e), those who will serve sentence after the substantive provisions
of the Decree shall become operative will be permitted to do so, according to one view.
The reason given is that otherwise it would have been unnecessary for the law to specify
the time at which the offender concerned should be serving his sentence. Another view,
however, points to the principle of separation of powers.

4. Probation, it is argued, as laid out by the Decree is primarily a judicial function, while
the service or execution of sentence is an executive one. When the convict is delivered to
the hands of the prison authorities, to subsequently allow the judiciary to reach him by
suspending the further service of his sentence and placing him on probation would
constitute an intrusion into the prerogatives of the executive to whom belongs the exclusive
power to grant reprieves, commutations and pardons and remit fines and forfeitures.

Therefore, according to this view, offenders who are already serving sentence, no
matter when they start or may be found to be serving sentence, are NOT qualified for
the benefits of the Decree.

5. 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 defendant may apply for probation in case of appeal from a
judgment of conviction. He may apply for probation as long as he has not begun serving
his sentence, and obviously this does not happen if the sentence has not become final and
executory, such as during the pendency of an appeal.

6. The rule of automatic withdrawal of pending appeal applies in case the application
for probation is made when the appellate court has already rendered its decision, there
being no indication in the probation law to the contrary, and the operation of such rule being
in accordance with the maxim that laws should be liberally construed in favor of the
accused.

7. The application for probation may be in any form, whether written or oral. While
Section 4 of the Decree states that the application shall be filed with the court, this does not
necessarily mean that it should be in writing, even if a written form would definitely be
more convenient to the court. A liberal construction of the law beneficial to the accused
would not consider the use of the term 'filed' by the law, as impliedly requiring a written
form.

8. Defendant is not entitled as a matter of right to the assistance of counsel in the

investigation. The probation law does not have a provision guaranteeing the right to
counsel in such investigation. The constitutional guarantee that in all criminal prosecutions

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the accused shall enjoy the right to be heard by himself and counsel and that any person
under investigation for the commission of an offense shall have the right to counsel would
not seem to apply because the investigation by the probation officer is neither prosecutory
nor accusatory in character. It is merely a fact-finding inquiry.

9. Neither is the constitutional guarantee against self-incrimination that no person shall

be compelled to be a witness against himself, available in the investigation. The said
guarantee does not depend upon the nature of the proceedings in which it is invoked, of
course, and it may be availed of as long as the questions objected to would incriminate the
person who 'is asked to answer the same. But it is an established doctrine that where the
answer to a question, however self-incriminating, may not be used as evidence of criminal
liability of the respondent because there is a law prohibiting its use for that purpose, then
the privilege against self-incrimination may not be validly invoked to justify refusal to
answer the question. Section 17 of the Probation Law provides that the investigation report
and the supervision history of the probationer obtained under this decree shall be privileged,
i.e., it may not legally be used as· evidence of liability.

We raise one question, though. The same Section 17 itself provides that "the investigation
report and the supervision history x x x shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Probation Administration or the court
concerned x x x." If the defendant cannot invoke the privilege against self-incrimination
during the investigation, would not the incriminating answers given prejudice the court in
deciding whether it will grant probation or not?

10. Pending submission of the investigation report and the resolution of the petition for
probation, the defendant may be allowed on temporary liberty under his bail filed in
the criminal case, or on recognizance.

11. While the grant or denial of probation is not appealable, certiorari will lie, under the
general law on certiorari. This is not appeal for he does not question the findings of fact
of the trial court but only the reasonableness of the order based thereon and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition
in the proper, court alleging the facts with certainty and praying that judgment be rendered
annulling or modifying the proceeding as the law requires of such tribunal, board or officer.
The petition shall be accompanied by a certified true copy of the judgment or order subject
thereof, together with copies of all pleadings and documents relevant and pertinent thereto.

12. The grant of probation does not erase, modify of otherwise affect the offender's CIVIL
LIABILITY. Probation is a substitute for imprisonment and other criminal penalties, not
a mode of discharging the civil liability, which is owed not to the State but to the offended
party. The sentence, which is suspended from execution, means only the imposition of the
criminal penalties, not the civil liability. If it were otherwise, the offended party would have
to file a separate civil action thereby creating multiplicity of suits, contrary to public policy.
In fact, civil indemnification might be imposed as a condition for probation under Section

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10 (k) of the Probation Law. Indeed, under Article 112 in relation to Article 113, of the
Revised Penal Code, except in case of extinction of his civil liability in accordance with
the provisions of the civil law, the offender shall continue to be obliged to satisfy the civil
liability resulting from the crime committed by him, even if he has served his sentence
consisting of deprivation of liberty or other rights, or has not been required to serve the
same by reason of amnesty, pardon, commutation of service, or any other reason.

VII. PROBATION UNDER PD NO. 603 AS AMENDED BY REPUBLIC ACT NO.

9344
The Presidential Decree (PD) 603 is known as the Child and Youth Welfare Code. The
Decree was signed by his Excellency President Ferdinand Marcos on December 10, 1974 and
took effect on June 10, 1975. It provides for the grant of probation to youthful offender as an
alternative to imprisonment. It is considered as the second probation law of the Philippines
which is intended only for minors.
Presidential Decree No. 603 applies to youthful offenders. It suspends the sentence of minor
offenders whose ages range from 9 years old but not more than 21 years old (now 18) the time
of the commission of the offense and places them to rehabilitation center. It states, "if after
hearing the evidence in the proper proceedings, the court should find that the youthful
offender has committed the acts charged against him, the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend further proceedings and shall
commit such minor to the custody or care of the Department of Social Welfare, or to any
training institution operated by the government, or duly licensed agencies or any other
responsible person, until he shall have reached 21 years of age (now 18), or for a shorter period
as the court may deem proper.

NOTA BENE: The age of minority is lowered from 21 to 18 years old.

RELATED PROVISIONS UNDER REPUBLIC ACT NO. 9344

Sec. 5 of Republic act No. 9344: Rights of the Child in Conflict with the Law. - Every child
in conflict with the law shall have the following rights, including but not limited to:
xxx
(m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law; xxx

Sec. 42 of 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. For this purpose, Section 4 of Presidential Decree
No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

Sec. 43 of Republic act No. 9344: Confidentiality of Records and Proceedings. - All records
and proceedings involving children in conflict with the law from initial contact until final
disposition of the case shall be considered privileged and confidential. The public shall be
excluded during the proceedings and the records shall not be disclosed directly or indirectly to

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anyone by any of the parties or the participants in the proceedings for any purpose whatsoever,
EXCEPT to determine if the child in conflict with the law may have his/her sentence
suspended or if he/she may be granted probation under the Probation Law, or to enforce
the civil liability imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of
proceedings, including non-disclosure of records to the media, maintaining a separate police
blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to the child's identity. Records of a child in
conflict with the law shall not be used in subsequent proceedings for cases involving the same
offender as an adult, except when beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact related thereto in response to any
inquiry made to him/her for any purpose.

Sec. 67 of Republic act No. 9344: Children Who Reach the Age of Eighteen (18) Years
Pending Diversion and Court Proceedings. - If a child reaches the age of eighteen (18) years
pending diversion and court proceedings, the appropriate diversion authority in consultation
with the local social welfare and development officer or the Family Court in consultation with
the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may
be, shall determine the appropriate disposition. In case the appropriate court executes the
judgment of conviction, and unless the child in conflict the law has already availed of probation
under Presidential Decree No. 603 or other similar laws, the child may apply for probation if
qualified under the provisions of the Probation Law.

DISTINCTION BETWEEN PROBATION UNDER PRESIDENTIAL DECREE NO.

603 AND UNDER PRESIDENTIAL DECREE NO. 968.

Presidential Decree No. 603 Presidential Decree No. 968

Under Presidential Decree No. 603 the Under Presidential Decree No. 968, the
youthful offender is neither convicted nor offender is convicted and sentenced. Section
sentenced although the court finding him 3 defines probation as a disposition under
guilty determines the imposable penalty which a defendant, after conviction and
and orders his commitment as a matter of sentence, is released subject to conditions
course to any of the trustees for his imposed by the court and to the supervision
correction and rehabilitation, even of a probation officer. The probationer is not
without his asking for it and without any committed to any institution but is set free
prior investigation. under the constructive custody of the court
which heard his application for probation.
Section 4 of the Probation Decree requires
that defendant should apply for probation.

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NAME: YEAR and SEC: SCORE:

SELF-LEARNING ACTIVITY
MODULE I. LESSON II

I. ESSAY. In your own understanding, what is the importance of Probation? And how it will
affect the community?

10 8 6 2
CATEGORY Above Standards Meets Standards Approaching Standards Below Standards
Sentence All sentences are Most sentences Most sentences are well Most sentences are
Structure well-constructed are well- constructed, but there is not well-
with varied constructed and no variation is structure. constructed or
structure. there is some varied.
varied sentence
structure in the
essay.
Sequencing Arguments and Arguments and A few of the support Many of the
support are support are details or arguments are support details or
provided in a provided in a not in an expected or arguments are not
logical order that fairly logical logical order, distracting in an expected or
makes it easy and order that makes the reader and making the logical order,
interesting to it reasonably easy essay seem a little distracting the
follow the author\'s to follow the confusing. reader and making
train of thought. author\'s train of the essay seem
thought. very confusing.

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II. COMPARE AND CONTRAST. Differentiate probation under PD No. 968 from PD No.
603 as amended by RA 9344.

PD NO. 968 PD NO. 603

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LESSON III.
THE HISTORICAL DEVELOPMENT
OF PROBATION
IN THE PHILIPPINES

The concept of probation, from the Latin, probatio, "testing," has historical roots in the
practice of judicial reprieve.
In English common law, prior to the advent of democratic rule, the courts could temporarily
suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for
a pardon. Probation first developed in the United States when John Augustus, a Boston cobbler,
persuaded a judge in the Boston police court in 1841 to give him custody of a convicted
offender, a "drunkard," for a brief period and then helped the man to appear rehabilitated by
the time of sentencing.
Even earlier, the practice of suspending a
sentence was used as early as 1830 in Boston,
Massachusetts, and became widespread in U.S.
courts, although there was no statutory provision
for such a practice.
At first, judges, most notably Peter
Oxenbridge Thatcher of Boston, used "release on
recognizance" or bail and simply refrained from
taking any further action. In 1878 the mayor of
Boston hired a former police officer, the ironically
named "Captain Savage," to become what many
recognize as the first official probation officer. By
the mid-19th century, however, many Federal
Courts were using a judicial reprieve to suspend
sentence, and this posed a legal question.
In 1916, the United States Supreme Court, in the Killets Decision, held that a Federal Judge
(Killets) was without power to suspend a sentence indefinitely. This decision led to the passing
of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of
incarceration and place an offender on probation. Probation developed from the efforts of a
philanthropist, John Augustus, who looked for ways to rehabilitate the behavior of criminals.
Massachusetts developed the first state-wide probation system in 1880, and by 1920, 21
other states had followed suit. With the passage of the National Probation Act on March 5,
1925, signed by President Calvin Coolidge, the U.S. Federal Probation Service was established.
On the state level, pursuant to the Crime Control and Consent Act of 1936, a group of states
entered into an agreement wherein they would supervise probationers and parolees who reside
in each other's jurisdictions on each other's behalf. Known as the Interstate Compact for the
Supervision of Parolees and Probationers, this agreement was originally signed by 25 states in
1937.
By 1951, all the states in the United States of America had a working probation system and
ratified the Interstate Compact Agreement. In 1959, the new states of Alaska and Hawaii, the
Commonwealth of Puerto Rico, and the territories of the Virgin Islands, Guam, and American
Samoa ratified the act as well.

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I. HISTORICAL DEVELOPMENT OF PROBATION

A. HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND

Early in the 19th century the English magistrates initiated experiments to save young and
inexperienced offenders from stigma of prison. They made use of the latitude allowed then
under the common law to bind over defendants, who should be brought back for sentence if
the conditions of release were violated.
The need for supervision and assistance to those so released was met by assigning the young
offender to the care and guardianship of his parents or his employer with an occasional check
on his progress by the police.

WHO IS MATHEW DAVENPORT HILL?

Mathew Davenport Hill is considered the father of probation in

England. He left an interesting account of his experiments in the
Birmingham court. He was in the forefront of reforming juvenile
offenders. He finds persons who act as guardians of the juvenile
offender. Then at an unexpected period, the confidential officer visits
the guardian, makes inquiries and keeps notes of information received.

He conducted his experiment in the Birmingham Court. Beginning

in the early years of 1481, he acted for and in behalf of juvenile
offenders, when he believes:

1. The individual is not fully corrupt

2. There was reasonable hope of reformation
3. When there could be found persons to act
As guardian they are kind enough to take charge of the young convict. In the belief that
there is better hope for reformation under such guardians than in prison.
At unexpected period, confidential officers visits the guardians, make inquiries and register
facts. He was thus informed and records were kept.

B. HISTORICAL DEVELOPMENT OF PROBATION IN UNITED STATES

The first state to enact a real probation law in United States is 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.

Volunteer services evolved in Maryland. The prisoners Aid Association of Maryland,

organized in 1869, employed agents to visit the prison and assist released prisoners and
gradually they began to investigate cases and assist offenders before the Baltimore courts. A
1894 law provided that any court in the state might release on probation for “good conduct” a
person convicted of any offense not capital, if no previous conviction was proved against him,
upon his entering into a recognizance, with or without sureties, and during such period as the
court may direct to appear and received judgment when called upon, and in the meantime to
keep the peace and be of good behavior.

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Another state adopting a partial measure was Missouri with its “parole of convicted
person’s law of 1897.”

The second state to enact a real probation law. The Vermont like Missouri and unlike
Massachusetts provided for probation only after suspension of the execution of sentence. The
bills in both states were supported by the state correctional agencies. Many features of the
Massachusetts law were incorporated, with several innovations since followed elsewhere.
Vermont was the first to adopt a county plan.

The third state to enact a real probation law is Rhode Island. A complete state-administered
probation system appeared first in Rhode Island. The Act of 1899 empowered the board of state
charities and corrections to appoint a state probation officer and additional probation officers,
“one of whom at least shall be a women,” to serve all courts in the state. The Act followed
Massachusetts in permitting the use of probation before the imposition of sentence and even
without conviction but the limitation of probation to less serious offenses was an unfortunate
departure from the laws of Massachusetts and Vermont.

Success of probation became known in other English speaking countries. Illinois and
Minnesota in 1899 Plan for children only. New Jersey and New York enacted probation law in
1900.

Finally, on March 4, 1925 the UNITED STATES FEDERAL PROBATION ACT was
enacted.
WHO IS JOHN AUGUSTUS?

John Augustus is the father of probation in the USA. He is a Boston

shoemaker, first to develop a sustained service to promote temperance
and to reclaim drunkards. Although later he begun to take men and
woman charged with other crimes, then eventually children. As
indicated by the story of the first case, his method was to provide bail
for a temporary suspension or postponement of sentence, during which
he sought to counsel and assist such persons 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.
John Augustus originated in rudimentary form, many of the techniques of probation officers
and other social workers today, including casework, foster home placement, and protective
work for women and children.

This was brought about by the changing attitudes of the people towards law breaker and
the removal of the inherited attitudes from the PURITANS.

John Augustus was born in 1785 at Woburn Massachusetts and moved to Lexington Green
and became a Cordwainer or Bootmaker. He prospered and acquired large track of land apart
conveyed to Lexington Academy to erect a school. Which he became a trustee. In 1827 he

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moved to Boston and set up a shop at Franklin Avenue near the Courthouse. He began to visit
courthouse because of his membership with the Washington Total Abstinence Society, formed
in Boston in 1841 to promote temperance and to reclaim drunkards. During the first year, he
took only men charge with drunkenness. Then men and women charge with other offense and
then children/ number of cases increases each year

METHODS OF AUGUSTUS

1. Provide bail for temporary suspension of punishment of sentence

2. Then he sought counsel and assists his charges in finding homes, securing employment
and adjusting family difficulties.
3. At the end of probation he brought offender back to court-if no further charges are
found- judge imposes a nominal fine with cost if man is poor, Augustus advance fine
as a loan.

AUGUSTUS EXPERIMENT

- August 1841- Rugged drunk man

- 3 weeks -The drunkard was brought back to court where the judge cannot recognize
him. Imposes a fine of $ 3.76.
- Augustus 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

WHO IS GOVERNOR ALEXANDER H. RICE?

He provided appointment and prescribed duties for paid probation officers.

WHO IS PRESIDENT CALVIN COOLIDGE? The former

governor of Massachusetts.

C. HISTORY OF PROBATION IN THE PHILIPPINES

A. The Adult Probation Law of 1935

The Philippine Legislature enacted the first probation of the
Philippines. The first legislation was Act No. 4221 enacted by the
Philippine legislature on August 07, 1935 and which created a
Probation Offices under the Department of Justice led by a Chief
Probation Officer appointed by the American Governor General
with the advice and consent of the United States. This Law
provided probation for the first time offenders, eighteen years of
age and over, convicted of a certain crime.

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However, the law stayed in the statue Books for only Two years. The act subsequently
declared unconstitutional by the Supreme Court on Nov. 16, 1937 in People vs. Vera 37 O.G.
164.

NOTA BENE:
The ill-fated Act was only procedural
framework that was antagonistic with the
constitution/charter.
Section 11 of Act no 4221, the fatal provision
of the Act, provided that "This Act shall apply only
in those provinces in which the respective
provincial boards have provided for the salary of a
probation officer . . .. "

The declaration of unconstitutionality of the Probation Act of 1935 created a gap in the
criminal justice system in the Philippines. The criminal justice system is the machinery which
society uses in the prevention and control of crimes. Its components are the police, the courts,
the penal institutions, the probation and the parole systems the components are highly
dependent upon one another. The failure of one can destroy the effectiveness of all the others
within the system.

In order to heighten the awareness of interdependency and cooperation among the

components of the criminal justice system, as well as to improve judicial process and to reduce
the level of criminality, the National Police Commission created an Inter-Disciplinary
Committee in 1974 to prepare a National Crime Prevention Program. On July 24, 1976, a
"National Strategy to Reduce Crimes" was finalized and presented to the President of the
Philippines. The Strategy proposed a two-pronged attack to reduce crime in the country,
namely: (1) to give emphasis on the prevention and control of high-fear and economic crimes
by implementing a number of priorities of actions; and (2) to improve the quality of the
criminal justice system by facilitating teamwork among its interdependent components.

The following priorities of action were recommended:

1) Improvement of the quality of the criminal justice system among its interdependent
components;
2) Improvement of the management skills of law enforcement;
3) Reducing the delays in the criminal justice processes;
4) Making corrections more attuned to its role of rehabilitating law offenders; and
5) Increasing the community participation in crime prevention.
There were a number of projects recommended under each of these priorities of action,
among which was the establishment of an adult PROBATION SYSTEM. It was a priority
action under (4).

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The rationale for recommending priority consideration to the establishment of a probation
system is clearly apparent.

1. The penal system in the country is characterized by substandard treatment of prisoners. To

try to train lawbreakers to obey the law in a substandard system is self-defeating.
2. The deterrent potentiality of the prisons is grossly exaggerated. No one has ever proved
that the threat of severe punishment actually deters crime.
3. Prisons heighten the offenders' weaknesses and erode their capacity for responsibility and
sociability.
4. The maintenance of penal institutions is costly on the part of the government. In view of
these considerations, an alternative to institutionalization for certain types of offenders was
proposed. Such proposal was subsequently translated into a law on July 24, 1976, which is
now known as the "Probation Law of 1976" or Presidential Decree No. 968.

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.

A. THE ADULT PROBATION LAW OF 1976

It took a long time before another attempt was made with introduction
then by Congressman Teodulo C. Natividad in collaboration with former
Congressman Ramon D. Bagatsing, House Bill No. 393. The measure was
passed in the Lower House and was pending in the senate when Martial Law was proclaimed
in 1972.

The Presidential decree No. 968, established a probation system less costly alternative to
the imprisonment of the offender who are likely to respond to individualized, community-based
treatment program is the second legislation that enforces a probation system in the country.

On Nov. 13, 1974, the Inter-Disciplinary Committee on Crime Prevention (IDCCP) was
created to formulate a national crime prevention program for the courtly.

NOTA BENE: The committee places emphasis on

“Pro-action (crime prevention) rather than
Reaction (action after occurrence of the crime).

INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION (IDCCP)

The delegation’s official report served as the turning point for the Inter-Disciplinary
Committee on Crime Prevention of the commission to formulate for a national crime
prevention program. As mandated under Section 4(k) of republic Act no. 4864, otherwise
known as the police Act of 1966”, the National Police Commission, on November 13, 1974,
created the IDCCP. The IDCCP then under the charge of Commissioner Teodulo C. Natividad,
was asked by the Secretary and Chairman of NAPOLCOM, Juan Ponce Enrile to draft the adult
probation decree.

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This Committee, the Inter-Disciplinary Committee, is composed of authorities and
representative from the five pillars of the criminal justice system. After a laborious period of
eighteen technical hearings involving sixty source persons, came out with the draft decree for
presentation at a seminar on the Probation System sponsored by the National Police
Commission and the U.P. Law Center on April 24, 1976 subsequently attended by 369
participants.

The Proposal was reviewed by a mixture of Jurist, Penologist, Policemen, Educators

subsequently civic leaders, social and behavioral scientist, media men blue- and white-collar
workers and housewives. Two (2) foreign experts participated namely Dr. Torsten Erickson,
former United Nations Inter-Regional Adviser on Crime Prevention Justice and Dr. A.
Lamonth Smith. Director for Research Program Planning and Elicit comments on the adoption
of adult probation system in the country.

A survey was made to elicit comments on the adoption of the adult probation system in the
country. Favorable resulted showed 87.1% in favor of the adoption, 7.1% apprehensive and
5.8% non-committal.

Thereafter, the draft was sent to the Secretary of the Department of the National Defense,
Secretary of the Department of the Justice and to the Supreme Court for review and
endorsement of the President.

The final forum of the proposed institutionalization of adult probation in the country was
the First National Conference on Crime Control, which was held at Camp Aguinaldo from July
22 to July 24, 1976. It was on this historic last day of the Conference that the Presidential
Decree No. 968 and thereby Transported the criminal justice system of the country to the
twentieth century. In the process, the president also appointed as the first Probation
Administration, NAPOLCOM Chairman, Teodolo C. Natividad in a concurrent capacity.

THE MULTI- SECTORAL BODY

As advocated by the United Nations, the five-penal multi-sectoral body is composed of
experts from the various sectors and disciplines comprising the five pillars of criminal justice
system, namely: Police, Prosecution, Court, Correction and Community Participation. The
panel on community participation has sub-panels on education, welfare, religion, Barangay,
health and economics.

Under the leadership of Commissioner Teodulo C. Natividad, the IDCCP, after barely two
months of work evolved a proposed system of probation for adults based on evaluation of
projects on crime prevention and treatment of offenders in the courtly, notably the Bacolod
City experiment on social defense.

This was later incorporated as part of PD 968 which was signed into law by Pres. Ferdinand
E. Marcos on July 24, 1976. Note: Jan. 3, 1978 – affectivity of the substantive provisions of
PD 968.

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II. BASIC DIFFERENCES BETWEEN P.D. 968 AND THE PROBATION ACT OF
1935

Presidential Decree 968 Act no. 4221

(Probation Law of 1976) (Probation Law of 1935)
As to Applicability of It expressly and explicitly It expressly and explicitly
the probation law provides that "There shall be at provides that this Act shall
least one probation officer in apply only in those provinces
each province and city who shall in which the respective
be appointed by the Secretary of provincial boards have
Justice upon recommendation of provided for the salary of a
the Administrator and in probation officer . . . "
accordance with civil service (Section 11)
law and rules." (Section 23)

❖ The Probation Law

applies to all provinces
and cities, uniformly ❖ The Probation Law
and without applies only to
discrimination. provinces and cities
❖ The salary of the in which their
probation officer in respective provincial
each province or city is boards have provided
provided for by law, no for the salary of a
longer subject to the probation officer.
discretion of the ❖ The salary of the
respective provincial probation officer is to
boards. the discretion of the
❖ The law expressly respective provincial
provides that "The boards.
Provincial or City ❖ The Probation Law
Probation Officer shall divests the provincial
receive an annual salary boards of the power to
of at least eighteen determine whether or
thousand four hundred not salary of a
pesos.” probation officer in
their respective
provinces would be
appropriated.
As to the condition of the The conditions of Probation The imposition of the said
probation order make it MANDATORY for the conditions on the probationer
Court to issue a probation order was merely
containing specific conditions DISCRETIONARY on the

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for the probationer to fulfill. part of the Court issuing the
(Section 10) probation order. (Section 3)

❖ The reparation or ❖ There is reparation or

restitution by the restitution by the
probationer to the probationer to the
aggrieved parties for aggrieved parties for
actual damages or losses actual damages or
caused by his offense is losses caused by his
DELETED. offense.
As to the period of It provides that "in all other It provides that the period of
probation cases, the probation period shall probation of a probationer
not exceed 6 years. (Section 14) found guilty of "any other
offense" did not exceed twice
the maximum time of
The new law, therefore, imprisonment to which he
provides for a definite and might be sentenced. (Section
shorter probation period. 7)

As to the appealability of The Law provides that an order Nowhere in the old Probation
the order granting or granting or denying probation Law can there be found a
denying probation shall not be appealable. (Section provision to this effect.
4)
As to the offenses not It contains a It gave an enumeration of the
covered GENERAL enumeration. It offenses not covered by the
provides that the benefits of this Act. This enumeration
Decree shall not be extended to SPECIFIED the crimes not
those: covered. These were:

(a) sentenced to serve a 1. Homicide

maximum term of 2. Treason
imprisonment of more 3. Misprision of treason
than 6 years; 4. Sedition
(b) convicted of any offense 5. Espionage
against the security of the 6. Conspiracy or
State; proposal to commit
(c) who have previously been treason
convicted by final 7. Piracy
judgment of an offense 8. Brigandage
punished by imprisonment 9. Arson
of not less than one month 10. Robbery in band
and one day and/or fine of 11. Robbery with
not less than two hundred violence on persons
pesos; when it was found that

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(d) who have been once on they displayed a
probation under the deadly weapon and
provisions of this Decree; 12. Corruption of
(e) who are already serving minors." (Section 8)
sentence at the time the
substantive provisions of
this Decree became
applicable. . .. " (Section 9)
N.B. Thus, besides a general
enumeration of the offense not
covered, the said Section
further broadened the scope of
the inapplicability of the Law.
Additional exemption from
coverage can be found in the
offenses enumerated under
Section 9 (a, c, d and e)
abovementioned.
As to modification or The modification or revision It provided that "The
revision of the of the conditions of probation, Court MAY, at any time,
conditions of probation Presidential Decree No. 968, revise, modify or enlarge the
Section 12 provides in part, that conditions or period of
"During the period of probation, probation."
the court may, UPON
APPLICATION of either the
probationer or the probation
officer, revise or modify the
conditions or period of
probation. . .. "
N.B. Contrasting the two
Sections, it is evident that under
the new law, application of
either the probationer or the
probation officer is needed in
order that the Court may
exercise its discretion to revise
or modify the conditions or
period of probation whereas the
old law granted to the Court the
exclusive discretionary power
of revision and modification
without need of prior
application by the probationer

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or the probation officer
concerned.
It is clear therefore, that
under the new law, the Court
relies heavily upon the
probation officer and places
great faith in him.
As to name of probation ➢ Office - Probation ➢ Office - Probation
office and its head Administration Office
➢ Probation Administrator ➢ Chief Probation
- the Executive Officer Officer - the Head of
of the Probation the Probation Office
Administration

III. FORERUNNERS OF PROBATION

The following are the forerunner of probation:

1. 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. There was greater leniency in sentencing and
particularly escape from death penalty. Acquittal or guilt was established by a Jury of
Twelve Clerks.

2. Judicial Reprieve- withdrawal of sentence for an internal of time whereby the execution
of the sentence is suspended either before or after judgment 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 an or conditional pardon. Early English courts began to
grants reprieves to prisoners under sentence of death on condition that they accept
deportation to English settlements in America.

3. 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.

4. Transportation- this was developed from an ancient practice of banishment and flourished
for more than two hundred years as a principal method of disposing offenders. It served
mainly as cheap source of supplying labor to the colonies of England.

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IV. THE PROBATION LAW AND ITS AMENDMENT

AMENDMENTS PRESIDENTIAL
DECREE NO. 968
Presidenti Section 1
al Decree xxx
No. 1257 The prosecuting officer concerned shall be notified by the
court of the filling of the application for probation and he may
submit his comment on such application within ten days from
receipt of the notification.
xxx
Nota Bene: The prosecutor participates in the determination of
the application for probation. It is therefore mandatory the
prosecuting officer concerned shall be notified by the court of
the filling of the application for probation and submits
comment within 10 days from receipt. NONE
Section 2 Section 7
xxx xxx
The court shall resolve the application for probation not later
The court shall resolve
than fifteen days after receipts of said report." the petition for probation
xxx not later than five days
after receipt of said
report.
N.B. PD no. 257 extended the period of resolving the xxx
application for probation by the court from five (5) days to
fifteen (15) days.
Section 3
xxx
In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the
violation charged and to adduce evidence in his favor. The
court shall not be bound by the technical rules of evidence but
may be inform itself of all the facts which are material and
NONE
relevant to ascertain the veracity of the charge. The State
shall be represented by a prosecuting officer in any contested
hearing.
xxx
N.B.
The defendant has the right to be informed of the violation
charged and to adduce evidence in his favor.
Sec. 4 sec. 33
xxx xxx
That the application of its substantive provisions concerning That, the application of
the grant of probation shall only take effect on January 3, its substantive provisions
1978." concerning the grant of
xxx

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probation shall only take
effect twelve months.
xxx

Batas The probation system shall not be extended to a convicted The probation system
Pambans offenders sentenced to serve a maximum term of shall not be extended to
a Blg. 76 imprisonment of more than six (6) years and one (1) day. a convicted offenders
sentenced to serve a
N.B. The probational period is extended to six (6) years and maximum term of
one (1) day and below imprisonment of more
than six (6) years.
N.B. The probational
period is six (6) years and
below.
xxx
Any person sentenced to maximum penalty of six years and
one day on January 3, 1978 and thereafter may be placed
on probation upon his application therefore with the court
of origin. However, such person serving sentence shall
remain in jail pending the approval of his application.
NONE
XXX

Presidenti The decree restore the provision of section 9 of PD 968 that

al Decree probation shall not be extended to a convicted offenders
No. 1990 sentenced to serve a maximum term of imprisonment of
more than six (6) years. It that senses the decree impliedly
amended the provision of BP 76.
Section 1 amending Section 4 of PD no. 968.
Xxx
Provided; That NO APPLICATION FOR PROBATION
SHALL BE ENTERTAINED OR GRANted if the
defendant has perfected the appeal from the judgment of
conviction.
Xxx
NB: Appeal and probation is a mutually exclusive remedy;
meaning once a defendant filed his appeal it is a deemed waiver
of the filing of probation. NONE
The period of perfecting an appeal is also the period of
perfecting an application/filing for probation. In general, the
period of perfecting an appeal is fifteen (15) days from the
promulgation of sentence.
N.B. 1990 – The period of punishment which is probationable
is lowered again from 6 years and 1 day to 6 years or less

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Executive It renamed the Probation Administration created under PD
Order No. 968 into Parole and probation Administration.
292
It also extended the powers and function of the PPA. It
includes the following:

a. Administer the parole and probation system;

b. Exercise general supervision over all parolees and
probationers;
c. Promote the correction and rehabilitation of
offenders; and
d. Such other functions as may hereafter be provided
by law.
xxx
(2)The Administration shall have a Technical Service under
the Office of the Administrator which shall serve as the
service arm of the Board of Pardons and Parole in the
supervision of parolees and pardonees.
The Board and the Administration shall jointly determine
the staff complement of the Technical Service.
xxx

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NAME: YEAR and SEC: SCORE:

SELF-LEARNING ACTIVITY
MODULE I. LESSON III

I. CASE ANALYSIS. Read the case regarding PEOPLE VS. VERA (G.R. NO. L-
45685, NOVEMBER 16 1937) Give your analysis or reaction on the issues of the case.
Write this in separate paper.

ISSUE:
Whether or not:

1. the Act No. 4221 encroaches upon the pardoning power of executive.
2. the Act No. 4221 constitute on undue delegation of legislative power.
3. the Act No. 4221 denies the equal protection of the law.

CASE ANALYSIS RUBRICS

CATEGORY 20 15 10 5
Above Standards Meet Standards Approaching Below
Standards Standards
IDENTIFICATION Identifies and Identifies and Identifies and Identifies and
OF THE MAIN understands most of the understands understands understands few
ISSUES/PROBLEMS main issues in the case most of the main some of the of the issues in
issues in the case issues in the the case
case study
ANALYSIS OF THE Insightful and thorough Thorough Superficial
ISSUES analysis of all the issues analysis of most analysis of
Incomplete
of the issues some of the
analysis of the
issues in the
issues
case

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II. COMPARE AND CONTRAST. Differentiate PD 968 and RA 4221.

COMPARE AND CONTRAST RUBRIC

10 8 6 2
CATEGORY Above Standards Meets Standards Approaching Standards Below Standards
Purpose and It compares and It compares and It compares and contrasts It compares or
Supporting Details contrasts items contrasts items items clearly, but the contrasts, but
clearly. The paper clearly, but the supporting information is does not include
points to specific supporting incomplete. The paper both. There is no
examples to information is may include information supporting
illustrate the general. The that is not relevant to the information or
comparison. The paper includes comparison. support is
paper includes only only the incomplete.
the information information
relevant to the relevant to the
comparison. comparison.
Organization and The paper breaks The paper breaks The paper breaks the Many details are
Structure the information the information information into whole- not in a logical or
into whole-to into whole-to to-whole, similarities-to expected order.
whole, similarities whole, differences, or point-by- There is little
to-differences, or similarities to- point structure, but some sense that the
point-by-point differences, or information is in the writing is
structure. It follows point-by-point wrong section. Some organized.
a consistent order structure but does details are not in a
when discussing not follow a logical or expected order,
the comparison. consistent order and this distracts the
when discussing reader.
the comparison.

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SUMMATIVE
ASSESSMENT
MODULE I

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Bautista, F.S. and Guevara, R. M. (2013). Comprehensive Penology Institutional and

Non-Institutional Corrections. Quezon City: Wiseman’s Books Trading Inc.
Esmeralda, R.M. (2016). Non-Institutional (Probation, Parole ad Executive
Clemency). Isabela: Isabela State University
Foronda, M. E. (2013). Correctional Administration (Non-Institutional Corrections).
Quezon City: Wiseman’s Books Trading Inc.

-------------------------------------------End of Module 1------------------------------------------------

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