History of Probation

Objective:

At the end of the lesson, the students are expected to understand the origins of probation and identify
pioneers of probation.

PROBATION

- Derived from the Latin word “Probare,” meaning “to prove”.

Forerunners of Probation:

a) Benefits of Clergy (13th century)

- A compromise between the church and the King, wherein any member of the clergy brought
to trial in the king’s court shall be claimed from that jurisdiction by the bishop or chaplain
representing him and placed under the authority of the ecclesiastical court.

b) Judicial Reprieve (Early in the 17th century)

- Temporary suspension of the execution of sentence by the judge either before or after
judgment.

- English courts began to grant reprieves to prisoners under sentence of death on condition
that they accept deportation to American settlements.

c) Recognizance or “binding over for good behavior”

- This is the direct ancestor of probation.

 - Obligation or promise under oath that the accused must “keep the peace” and “be of good
behavior”.

- Applied to any felony which are not capital in nature.

- Read about John Augustus (Father of Probation)

https://www1.nyc.gov/site/probation/about/history-of-probation.page

D) Transportation

- Sending or putting away of an offender to another colony.

- Substitute for brutal punishment and an opportunity for rehabilitation in a new country.

• Matthew Davenport Hill

- Considered the “father” of probation in England.

• Massachusetts

- The first State where the first practical demonstration of probation, the first use of the term
as a court service and the enactment of the first probation law occurred.

• John Augustus

- First volunteer probation who in 1841 secured the release of a drunkard at Boston court by
acting as surety.
 - Father of Probation

- Father of American Probation

• Matthew Davenport Hill

- Father of Probation in England

- Lawyer

• Governor Alexander H. Rice (Massachusetts)

- Signed the first probation law which provided the appointment and prescribed the duties of
a paid probation officer

- Edward Savage – first paid and official probation officer.

• Vermont

- Second state to enact a probation law with the signing of Vermont Act of 1898.

- First to adopt the County Plan of probation.

Vermont Act of 1898

 - Provided probation only after suspension of sentence of the execution of sentence.

- County judge to appoint probation officers who would serve all courts in the county

• January 11, 1909

- The first Probation Bill was introduced during the 60th congress, 2nd session by
Representative McCall of Massachusetts.

• March 4, 1925

- The first Federal Probation Act became law, signed by President Calvin Coolidge.

• Minnesota and Illinois (1899)

- Enacted laws giving probation service to children only

• Rhode Island

- First completely state-administered probation system appeared.

• Connecticut and Michigan

- State to enact general probation law in 1903.

Connecticut

- Every court was authorized to appoint one or more probation officers.

 - First Act limited the use of probation to persons convicted of misdemeanors (limitation
removed two years after)

Michigan

- Law limited probation to first time offenders.

Enhancement Activity/Outcome

Recognizance is historically considered as the direct ascendant of probation. Based on the story of John
Augustus, the father of probation, discuss in not more than five sentences why it is considered as such.

Objective:

At the end of the lesson, the students are expected to understand:

• the history of probation in the Philippines.

• the kinds of probation in the Philippines.

• laws governing probation in the Philippines.

Probation in the Philippines

2 Kinds of Philippine Probation

1. Adult Probation
Read : Probation Law of 1976 (PD 968)
https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html

2. Juvenile Probation

Read: Read Juvenile Justice and Welfare Act (RA 9344 – Sec 42 and 67)
https://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

HISTORY OF PROBATION IN THE PHILIPPINES

Act 4221 (August 7, 1935)

- Lasted only for 2 years – declared unconstitutional in the case of People vs. Vera, G.R. No. L-
45685 (November 16, 1937)

https://lawphil.net/judjuris/juri1937/nov1937/gr_l-45685_1937.html

- First Philippine Probation Law

- Provided probation for first time offenders (18 years of age and above) convicted of certain
crimes.

- Created the Probation Office under the DOJ

• Probation Office – headed by a Chief Probation Officer who is appointed by the American Governor-
General with the advice and consent of the United States Senate.

House Bill No. 393

 - Filed by Teudolo C. Natividad (Father of Philippine Probation) and Ramon Bagatsing.

- Second Bill attempting to establish an adult probation in the Philippines.

- Did not become a law because of the declaration of martial law.

Presidential Decree 968

- Probation Law of 1976

- Signed into law by then President Ferdinand Marcos on July 24, 1976

- January 3, 1978 – effectivity of the application of the substantive provisions concerning

grant of probation.

PURPOSE OF PROBATION (section 2, PD 968)

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.

3. Prevent the commission of offenses.

Objective:

At the end of the lesson, the students are expected to understand:

• the necessity of an application for probation to avail of its benefits.

• the nature of probation as a mere privilege.

• the procedure and consequences of an application for probation.

Application for Probation

Is there a need to apply for probation to avail of its benefits?

- Read Sec. 4, PD 968 https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html

Where and when can a petitioner file his application for probation?

- PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON PROBATION METHODS

AND PROCEDURES (Section 8 and 9)
http://probation.gov.ph/wp-content/uploads/2014/09/Omnibus-Rules-on-Probation.pdf

Form: Application for Probation

- Form approved by the Secretary of Justice as recommended by the Administrator or as may

be prescribed by the SC.

Procedures in Applying for Probation:

1. The offender or his counsel files a petition with the convicting court

2. The court determines convict qualifications and notifies the prosecutor of the filing of the
petition
 3. The prosecutor submits his comments on such application within 10 days from receipt of the
notification

4. If petitioner is qualified, his application is referred to the probation officer for post-sentence
investigation

5. The post-sentence investigation report (PSIR) is submitted by the probation officer to the court
within 60 days

6. The court grants or denies the petition for probation within 15 days upon receipt of the PSIR.

CONTENTS OF A POST-SENTENCE INVESTIGATION REPORT:

1. Circumstances surrounding the crime

2. Details of the criminal record of the petitioner

3. Personal circumstances, educational, economic and socio-civic data and information about the
applicant

4. Recommendation for the grant of probation including the probation period, probation
conditions and probation treatment and supervision plan/program; or recommendation for the
denial of the application.

Is the decision granting or denying probation appealable?

Read: Section 4, PD 968 https://lawphil.net/statutes/repacts/ra2015/ra_10707_2015.html

Effects of filing an application for Probation

a. The court may, upon receipt of the application suspend the execution of sentence
imposed in judgment;

b. Pending the submission of the PSIR and the resolution on the application, the applicant
may be allowed on temporary liberty under his bail, on a new bail, or released on
recognizance.

What is Bail?

Section 1, Rule 114 – Rules on Criminal Procedure https://www.chanrobles.com/admincircular12-94.htm

What are the kinds of Bail?

Sections 10, 11, 14, 15, Rule 114 – Rules on Criminal Procedure
https://www.chanrobles.com/admincircular12-94.htm

What is Recognizance?

Section 3, RA 10389 – https://lawphil.net/statutes/repacts/ra2013/ra_10389_2013.html