Professional Documents
Culture Documents
CA 2. Notes
CA 2. Notes
LESSON;
Discussion
Introduction:
Not all convicted offenders have to serve their sentence behind bars. Some are allowed to
stay in the community, subject to condition imposed by the Government. They are either granted by
Probation, Parole, Conditional Pardon or Recognizance.
Objective: at the end of the lesson the students are expected to;
Familiarized the advantages of Community based corrections
Discuss, Enumerate the programs of community based correction.
The students will be able to familiarized and differentiate the Entities of the Government task for
providing Community-Based Correction
Identify the Purpose, Functions, and Current Issues and Concerns on Community-Based
Corrections
Discussion;
Note:
For simple infraction of laws or ordinances, Community Service may likewise be considered as
community-based correction. This is imposed to require the violators to render community
service in lieu of payment of fine and/or imprisonment.
Purpose
1. Facilitating Convicts Reintegration
2. Fostering Convicts Rehabilitation
3. Providing an Alternative Range of Convicts Punishment
4. Heightening Convicts Accountability
Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding
2. Probation
When the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor more than twice the total number
Introduction:
Probation as a term was derived from the Latin verb “probare” which means to prove or
to test, which was coined by John Augustus. The Law defined probation as a disposition, under which a
convicted individual is released subject to the condition imposed by the Court and to the supervision of a
probation officer.
Objective: at the end of the lesson the students are expected to;
Discuss Probation
Enumerate and memorized the laws that amends on PD 968
Enumerate and differentiate the forerunners of probation
Discuss the Characteristics, Philosophy, and concept of Probation
Enumerate, and memorized the Pioneers in the Field of Probation
Discuss the advantages of Probation
Discussion;
PROBATION
Predecessors of Probation
Money Compensation
Cities of Refuge
Benefit of the Clergy
Judicial Reprieve
Banishment
Recognizance
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
PD 968 - THE PROBATION LAW OF 1976
- approved on 24 July 1976; effectivity date is 3 January 1978
PD 1257 – effectivity date, 01 December 1977; amended the period within which application for
probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for qualification for
probation
PD 1990 - effectivity da te, 15 January 1986; amended BP 76 back to original form and made
probation and appeal exclusive remedies
Republic Act No. 10707 – An Act Amending PD.No 968, as Amended – This Act which is
consolidated of Senate Bill No. 2280 and House Bill No. 4147, passes on the Senate and House
of Representatives. It was sign and approved on November 26,2015 by President Benigno S.
Aquino III
Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 – amended Section 4 of
PD 968.
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member of
the clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop
or chaplain representing him, on the ground that he, the prisoner, was subject to the authority of
the ecclesiastical courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after judgment; as where the
judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or
he is doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or
any favorable circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
It originated as a measure of preventive justice, involving the release of the person
accused of committing a crime to the custody of a person of reputable character, who shall have
the responsibility of bringing the accused to court whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for
supplying new colonies with cheap labor. It was also an attempt to substitute for brutal
punishment at home and an opportunity for rehabilitation in a new country.
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the
following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws
BENEFITS OF PROBATION
Probation protects society
From the excessive costs of detention
From the high rate of recidivism of detained offenders
ADVANTAGES OF PROBATION
1. Probation prevents crime by offering freedom and aid only to those offenders who are not likely
to assault the 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 conforms to modern humanistic trends in penology.
4. It prevents youthful or first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expense in maintaining jails.
6. It reduces recidivism and overcrowding in jails and prisons.
7. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights.
11. It has been proven effective in developing countries that have adopted it.
The probation officer shall submit to the court the investigation report on an applicant not later
than sixty (60) days from receipt of the order of the said court to conduct the investigation.
The court shall resolve the petition for probation not later than fifteen (15) days after receipt of
said order.
If there is an application and the defendant does not appear to be disqualified, the court may order
such investigation only after a sentence of conviction by the trial court for the reason that the same would
be premature if made prior to said conviction, considering that the judgment might eventually be an
acquittal or, even if it be conviction, the court might find as a fact in its decision that the defendant is a
disqualified offender, in either of which cases the order for investigation would serve no purpose.
Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence
investigation; meaning that the investigation is after, not before, the sentence. The sentence referred to is
the sentence of the trial court.
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources, as
well as all other matters bearing the following questions:
(a) Whether or not the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the
offender will commit another crime;
(c) Whether or not probation will depreciate the seriousness of the offense
committed.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in the investigation of a
petitioner. The constitutional guarantee of right to counsel will not apply because the investigation by the
probation and parole officer is neither prosecutory nor accusatory in character.
NO SUBPOENA POWERS
Probation and parole officer are not clothed with subpoena powers under the Probation Law.
There is nothing to prevent them, however, from requesting the court to issue subpoenas requiring the
attendance of witnesses in their investigations.
The court is mandated to resolve the petition for probation not later than 15 days after receipt of
the investigation report. The period, however, seem to be merely directory, not mandatory.
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part
of the court.
Offenders covered
The Decree declares, “it shall apply to all offenders”.
1. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended
(otherwise known as the Child and Youth Welfare Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the
“similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he has not
been convicted and sentenced.
3. An offender who is already serving sentence or is otherwise specifically disqualified under Sec.
9.
4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which state, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not less
than 1 year but not more than 6 years and shall not be subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985) states
“The provisions of PD 968, as amended shall not apply in cases of violations of this Decree,
including its implementing rules and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.
DISQUALIFIED OFFENDERS
Sec. 9. Disqualification Offenders – The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six
years;
(b) convicted of subversion or any crime against the national security or
public order;
(c) who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree;
and
(e) who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Sec. 33 hereof
The court shall deny an application for probation whenever it finds that:
PERIOD OF PROBATION
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
Present himself to the probation (and parole) officer designated to undertake his
supervision at such place as may be specified in the order within 72 hours from receipt of
said order;
Report to the probation (and parole) officer at least once a month at such time and place
as specified by the said officer.
Conditions of probation
During the period of probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions of probation.
The court shall inform in writing the probation officer and the probationer of any change in the period
and conditions of probation.
REVOCATION OF PROBATION
Concept of violation of probation
“A violation of probation shall be understood to mean any act or any commission on the part of
the probationer with respect to the terms and conditions specified in the probation order.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the
probation and parole officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.
CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly, in the court concerned. Secondly, in the office of the
Chief Probation and Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these
records are being forwarded to the Regional Parole and Probation Office and the Parole and Probation
Administration (Central Office).
3. Parole
Introduction:
Parole is just like conditional pardon. It refers to the conditional released of a convict
from a correctional institution after he serves the minimum term of his prison sentence. It does not have
the effect of extinguishing the criminal liability of the convict.
Objective: at the end of the lesson the students are expected to;
Discuss Parole
Enumerate and discuss the Principles of Parole
Be familiarized of the terminologist in Correctional Administration
Memorized the important personality in Parole
Differentiate and discuss the persons who were qualified and dis-qualified in Parole
Discussion;
Parole
Parole – is also described as a method of selectively releasing an offender from institution prior to
completion of his maximum sentence, subject to conditions specified by the paroling authority.
Principles of Parole
The government extends to the convicts a privilege by releasing them from prison before their
full sentence is served.
The government inters a released contract with the convicts in exchange for their promise to
abide by certain conditions.
Convicts who violate the law or the conditions of the parole can be return to prison to complete
their sentences.
The government retains control of parolees until they are dismissed from parole.
Definition of Terms
1. Board – refers to the Board of Pardons and Parole
2. Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutors information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detection and other pertinent documents of the case;
3. Director – refers to the Director of the Bureau of Corrections
4. Parole – refers to the conditional release of a prisoner from a correctional institution after he has
served the minimum of his prison sentence.
5. Parole Supervision – refers to the supervision/surveillance by the Probation and Parole Officer
of a Parolee.
6. Parolee – refers to a prisoner who is released on parole
7. Penal Superintendent – refers to the Officer-in-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of the bureau of Corrections.
8. Prison Record – refers to the information concerning an inmate personal circumstances, the
offence he committed, the sentence imposed, the criminal case number in the trial and appellate
courts, the date he commended serving his sentence, the date he was received for confinement,
the place for confinement, the date of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison.
9. Probation and Parole Officer – refers to the probation and parole officer undertaking the
supervision of the parolee.
10. Regional Director – refers to the Head of the Parole and Probation Administration in the region.
11. Released Document – refers to the “Discharge on Parole” issued by the Board
12. Warden – refers to the Officer – In –Charge of the Provincial, City, Municipal or district Jail.
Important Personalities
Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate
sentences in prison. Under this type of sentencing, an offender received a specific amount of
time to serve in prison for a specific crime. This created a major problem when prisons became
crowded. Governors were forced issue mass pardons or prison warded had to randomly
released offenders to make room for entering prisoners.
Credit for developing early parole systems is usually given to an Englishman:
3. Zebulon Reed Brockway (1827-1920) Father of prison reform and father of American Parole in U.S
A penologist similar to Maconochie and Crofton, believed inmates should be able to earn their
way out of prison through good behavior. Thus, they should receive a sentence that could vary in
length depending upon their behavior in prison. In this opinion this had two advantages. First, it
would provide a release valve for managing prison populations. Second it would be valuable in
reforming offenders because they would be earning release by demonstrating good behavior.
When to apply?
Upon proving that the prisoner, who is confined in a jail or prison to serve an indeterminate
prison sentence, has served the minimum period of said sentence.
Objective: at the end of the lesson the students are expected to;
Discuss Pardon
Enumerate and discuss the two kinds of Pardon
Enumerate the purposes of absolute pardon
Discuss Board of Pardons and Parole
Differentiate Pardon to Amnesty
Discuss Commutation of Sentence and Reprieve
Discussion;
Under Section 5 of the General Guidelines for Recommending Executive Clemency which is
approved and released by the Department of Justice on June 26, 2003, provides among another
that:
“The Board of Pardons and Parole shall refer matters pertaining to executive clemency for
comments and recommendation as follows:
a. To the Commission on Elections, if it involves violation of election laws, rules and
regulation.
b. To the Secretary of National Defense and Secretary of Interior and Local Government, if it
involves crimes against national security or public order or the law of nation, and
c. To the Department of Foreign Affairs, if the prisoner is an alien.
It is worth to note that in cases of number 2 and 3, the President may disregard these because
it is not belong to the Constitutional Limitation in Exercising pardon.
Factors to be considered by the Board of Pardons and Parole in recommending pardons to the President
In acting on petitions for pardon, the BPP shall consider, among others, the following;
1. age of petitioner
2. the gravity of the offence
3. the manner in which it was committed. and
4. the institutional behavior or conduct and previous criminal record, if any of the petitioner.
However, the BPP may consider a petition for absolute pardon even before the lapse of the
periods provided by the guidelines, in special cases such as when the petitioner is seeking reinstatement in
the government service, needs to go abroad to undergo medical treatment which is not available in the
country, will take government or BAR examination or is immigrating.
Extraordinary Circumstances
The Board shall recommend to the President the grant of executive clemency when any of the
following extraordinary circumstances are present;
1. The trial court or appellate court in its decision recommended the grant of executive clemency for
the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;
3. Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
4. Inmates who were over fifteen (15) years but under eighteen(18) years of age at the time of the
commission of the offence;
5. Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to
their health as recommended by a physician of the bureau of corrections hospital and certified
under oath by a physician designated by the department of health;
6. Inmates who suffer from serious, contagious or life-threatening illness disease, or with severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc. As
recommended by a physician of the bureau of corrections hospital and certified under oath by a
physician designated by the department of health;
7. Alien inmates where diplomatic considerations and amity among nations necessitate review; and
8. Such other similar or analogous circumstances whenever the interest of justice will be served
thereby.
Other Circumstances
When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the President the grant of executive clemency to an inmate
provided the inmate meets the following minimum requirements of imprisonment:
B. For Conditional Pardon, an inmate should have served at least one-half of the maximum of the
original and/or definite prison term.
When the Pardon grantee fails to comply with the conditions of pardons
In case of violations of the conditional pardon, the pardon itself is deemed invalidated and the
pardonee may be either recommitted by the President under the Administrative Code or prosecuted for
violation of conditional pardon under Article 159 of the Revised Penal Code.
Under the Revised Penal Code, the Penalty of prison correctional in its minimum period shall be
imposed upon the convict, except when the penalty remitted is higher than six years, in which event shall
serve the unexpired portion of his original sentence.
Amnesty
The act of an authority (as a government) by which pardon is granted to a large group of
individuals. A sovereign act of oblivion or forgetfulness (from Greek amnestia,”forgetfulness”) granted
by a government, especially to a group of persons who are guilty of (usually political) crimes in the past.
It is often conditional upon the group’s return to obedience and duty within a prescribed period.
Pardon Amnesty
Pardon is granted by the Chief Executive It is the proclamation of the Chief
and therefore it is private act which must Executive with the concurrence of the
be pleaded and proved by the person Congress, hence it is a public act which
pardoned because the court take no notice the court should take judicial notice
thereof
It can only be granted after conviction Amnesty can be granted before or after
the institution of the criminal prosecution
and sometimes after conviction
It is granted to individual Granted to classes of person or
communities who may be guilty of
political offences
Pardon looks backward and relieves the Amnesty looks backward and abolishes
offender from the consequences of an and puts into oblivion the offense itself, it
offense of which he has been convicted. It so overlooks and obliterates the offense
abolishes or forgives the punishment, and with which he is charge that the person
for that reason it does not work the released by amnesty stands before the law
restoration of the rights to hold public precisely as though he had committed no
office, or the right of suffrage, unless such offense.
rights be expressly restored by the terms
of the pardon, and it in no case exempts
the offender from payment of the civil
indemnity imposed upon him by the
sentence
Commutation of Sentence
The reduction of a sentence for a criminal act by action of the executive head of the government.
Like pardon, commutation of sentence is a matter of grace, not of right; it is distinguish from pardon,
however, in that the conviction of crime is not nullified. The commutation, hence, may be granted on
condition that the criminal observe certain restrictions for the balance of his original sentence. Many
states have statutes providing for commutation sentence as a reward for good conduct during
imprisonment. Once earned, the commutation becomes a matter of right and maybe enforced by court
action.
Reprieve
The act of postponing the enforcement of a sentence, particularly a death sentence, to allow an
appeal
Topic 1
Introduction: The basic mandate of the Indeterminate Sentence Law is the imposition of an
indeterminate sentence which is comprised by a MINIMUM term and a MAXIMUM term. The court
instead of imposing a “straight” penalty, the court must determine two penalties. It is indeterminate in the
sentence after serving the MINIMUM, the convict maybe released on parole, or if he is not fitted for
release, he shall continue serving his sentence until the end of the MAXIMUM.
Objective: at the end of the lesson the students are expected to;
Define and discus the The Indeterminate Sentence Law
Enumerates the coverage of the application of ISLAW
Classify those who are disqualified for ISLAW
Discussion;
Indeterminate Sentence is a sentence with a minimum and a maximum term benefit of a guilty person,
who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one year. It
applies to both violations of the Revised Penal Code (RPC) and Special Penal Laws (SPL)
The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of personal liberty and economic usefulness. As a rule, it is intended to favor
the accused particularly to shorten his term of imprisonment, depending upon his behavior and his
physical, mental and moral record as a prisoner to be determined by the Board of Indeterminate Sentence.
(People v. Onate, SCRA 43)
Penalties shall not be standardized but fitted as a far as is possible to the individual, with due
regard to the imperative necessity of protecting the social order. (People v. Ducosin, 59 Phil 109)
GENERAL RULE: All persons convicted of any crimes under Philippine courts regardless whether it is
in violation of RPC or SPL, are qualified for the application of Indeterminate Sentence Law.
Application ISLAW
Illustrative Example:
Homicide with one mitigating Circumstances. The maximum penalty prescribed by the law is
Reclusion temporal. Since there is one mitigating and no aggravating it will be in the minimum or
reclusion temporal minimum period. On the other hand, the minimum is one degree next lower to
reclusion temporal without considering the mitigating circumstance and the will be prison mayor. The
range of prison mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty
is a minimum of prison mayor (within the range fixed by the court) to a maximum of reclusion temporal
minimum period.
Derive Maximum term imposable by applying rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art.64 and for complex Crimes under Art.48.
No AC or MC: Penalty PRESCRIBED medium period
1 AC, no MC: Penalty PRESCRIBED maximum period
No AC, 1 MC: Penalty PRESCRIBED minimum period
Several ACs and MCs: OFFSET then apply rule to remainder
No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
If COMPLEX CRIME (2 or more grave of less grave felonies OR one offense is a necessary me
ans for committing the other): Penalty for the MOST SERIOUS CRIME maximum period
Derived MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the
RPC, without regard to its three periods. The court has discretion to fix as the minimum term any period
of imprisonment within that penalty next lower to the penalty prescribed.
Exception:
When there is a privileged mitigating circumstances, do NOT follow the aforementioned rule.
Consider the privileged mitigating circumstances FIRST before any AC or MC to get the PENALTY
PRESCRIBED and then proceed as required by the rule on deriving the minimum term. Otherwise, the
maximum of the ISLAW will end up being lower than the minimum of the ISLAW.
Illustrative Example:
Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5
years.
SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by
the law.
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law
Disqualified Persons:
ISLAW is not applicable to persons who are:
1. Convicted of offenses punished with death or life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.
Note:
Whenever any prisoner who shall have served the minimum penalty imposed on him, the Board
of Indeterminate Sentence, in its discretion, and in accordance with the rules and regulations
adopted thereunder, authorize the release of such prisoner on parole. If during the period of
surveillance, such parolee shall show himself to be a law-abiding citizen and shall not violate any
of the laws of the Philippines, the Board may issue a final certificate of released in his favor.
Whenever any prisoner released on parole shall, during the period of surveillance, violate any of
the conditions of his parole, the Board may issue an order for his re-arrest and shall serve the
remaining unexpired portion of the maximum sentence.
The application of the Indeterminate Sentence Law is mandatory if the imprisonment would
exceed one year. It would be favorable to the accused (People v. Judge German Lee, Jr., 86859,
Sep 12, 1984)
Topic 2
Created by virtue of Presidential Decree No. 968, “The Probation Law of 1976” , to administer
the probation system. Under Executive Order No. 292, “The Administrative Code of 1987” which was
promulgated on November 23, 1989, the Probation was renamed “Parole and Probation Administration”
and given the added function of supervising prisoners who, after serving part of their sentence in jails are
released on parole pardon with parole conditions.
Vision
A model component of the Philippine Correctional System that shall enhance the quality of life of
its clients through multi-disciplinary programs and resources, an efficient organization, and a highly
professional and committed workforce in order to promote social justice and development.
Mission
To rehabilitate probationers, parolees and pardonee and promote their development as integral
persons by utilizing innovative interventions and techniques which respect the dignity of man and
recognize his divine destiny.
Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted
offenders and prisoners who are under the probation or parole system.
Goals
The Administration’s programs sets to achieve the following goals:
Promote the reformation of criminal offenders and reduce the incidence of recidivism,
and
Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized, community-based treatment programs.
Functions
To carry out these goals, the Agency through its network of regional and field parole and
probation offices performs the following functions:
to administer the parole the probation system
to exercise supervision over parolees, pardonees and probationers
to promote the correction and rehabilitation of criminal offenders
CORE VALUES
A. Performance
Efficient and effective accomplishment of task and targets, beginning with individual officials
and employees and throughout all units in the organizational hierarchy, linked coherently and
progressively toward the Agency Mission, Vision and strategic goals.
B. Professionalism
High level of proficiency on the job resulting from mastery and conscientious application of
appropriate knowledge and skills, honed by sound judgment, self-discipline and unceasing
striving for excellence, and founded on a code of conduct that respects the dignity of clients and
fellowman
C. Accountability
Inherent obligation of every official and employee to answer for decisions, actions and results
within his/her authority, including proper and effective utilization of resources in support of
Agency policies and programs, with timely, complete and accurate disclosure in required reports.
Honesty and Integrity Being upright and transparent in transactions and relations
Service Objectives
1. To provide the courts with relevant information and judicious recommendations for the selection
of offenders to be placed on probation
2. To provide the Board of Pardons and Parole with necessary and relevant information which can
be used in determining a prisoners fitness for parole or any form of executive clemency.
3. To provide the Dangerous Drugs Board with pertinent information and prudent
recommendations for the determination of first time minor drug offenders to be placed on
suspended sentence.
4. To effect the rehabilitation and integration of the probationers, parolees, pardonees and first-time
minor drug offenders as productive, law-abiding and socially responsible members of the
community.
5. To prevent recidivism and protect the community through a well-planned supervision of
probationers, parolees, pardonees, and first-time minor drug offenders.
6. To make use of innovative, and financially and technically feasible projects to uplift the moral,
spiritual and economic conditions of probationers, parolees, pardonees, and first-time minor drug
offenders by utilizing available community resources as much as possible.
7. To continuously assess and improve professional performance in post-sentence, pre-parole/
executive clemency, and suspended-sentence investigation, case management, and other related
work.
8. To periodically review the Probation Law and its implementing rules so as to reconcile the same
with the evolving realities in the field
9. To assiduously observe and uphold the professional ethics in the delivery of service.
The Regional Probation Officer shall be exercise supervision and control over all
probation officers within his jurisdiction and such duties may be assigned to him by the
Administrator. Whenever necessary, he shall be assisted by an Assistant Regional Probation
Officer who shall also be appointed by the President, upon recommendation of the Secretary of
Justice.
Note: Whenever practicable, the Provincial of City Probation officers shall be appointed from
among qualified residents of the province or city where he will be assigned to work (Section 25
of PD 969 as amended)
Power to administer oaths, to take depositions and be considered as Person in Authority (Section 4
of RA 10707)
SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers.
Regional , Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgements and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with respect to probationers under their
care, the powers of a police officer. They shall be considered as persons in authority.
“VPA’s shall not receive any regular compensation except for reasonable transportation and
meal allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.”
“They shall hold office for two year term which may be renewed or recalled anytime for just a
cause. Their functions, qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act.”
“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation Administrator, the
latter shall encourage and support the former to organize themselves in the national, regional, provincial
and city levels for effective utilization, coordination, and sustainability of the volunteer program. “
Restorative Justice (RJ)
It is a philosophy and a process whereby stakeholders in a specific offense resolve collectively
how to deal with the aftermath of the offence and its implications for the future. It is a victim-
centered response to crime that provides opportunity for those directly affected by the crime – the
victim, the offender, their families and the community – to be directly involved in the responding
to the harm caused by the crime. Its ultimate objective is to restore the broken relationships
among stakeholders.
The Restorative Justice process provides a healing opportunity for affected parties to facilitate the
recovery of the concerned parties and allow them to move on with their lives.
Dr. Carolyn Boyes-Watson (2014) at Suffolk University’s Center for Restorative Justice defines
restorative justice as a growing social movement to institutionalize peaceful approaches to harm,
problem solving and violations of legal and human rights. These range from international
peacemaking tribunal such as the South Africa and Reconciliation Commission to innovations
within the criminal and juvenile justice systems, schools, social services and communities. Rather
than privileging the law, professionals and the state, restorative resolutions engage those who are
harmed, wrongdoers and their affected communities in search of solutions that promote repair,
reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships
to reestablish mutual responsibility for constructive responses to wrongdoing within our
communities. Restorative Approaches seek a balanced approach to the needs of the victim,
wrongdoer and community through process that preserve the safety and dignity of all.
Introduction: To ensure public safety is the desired outcome of the criminal justice system’s intervention
in rehabilitating offenders. For this reason, criminal justice practitioners must find and must continuously
develop the most effective ways in which this goal maybe achieved.
Objective: at the end of the lesson the students are expected to;
Identify the Necessity of Collaboration with the Community;
Discuss the Line of Sentencing ;
Differentiate Retributive, Restorative, Collaborative Justice. And;
The Challenges of the implementation of Collaborative Justice.
Discussion;
New approaches of offender correction and rehabilitation will definitely produce different effects
on the components of the justice system. Current policies encourages these components to consider the
impact of their duties and responsibilities in the delivery of justice. Community-based correction is a
critical lynch pin in these efforts, responsible for effectively managing offenders while on probation,
parole or conditional pardon with parole conditions. As with other components within the justice system,
collaborating and partnership with other components and with community (internal and external partners)
has become increasingly critical to the accomplishment of community corrections’ mission of enhancing
public safety by effectively rehabilitating offenders pin the community.
If the primary goal of community corrections is to achieve public safety through reduced
recidivism by effectively managing offenders within the community, then community correction agencies
must reach out to collaborative partners. As more comprehensive approaches to supervising the offenders
are implemented in the field, enhanced collaboration is required to provide the assistance and additional
resources necessary to promote offender success. For example, with the increased understanding and
implementation of integrated case management systems around the country, communication among
criminal justice professionals and community partners is more than important than ever. Such new
approaches to community supervision require strong partnership in the community (including the victim
and offender)
Collaboration with institutional partners is also critically important, working with correctional
officers and institutional case managers to prepare an offender for reentry into the community. The issues
facing offenders upon release are numerous and often confounding – lack of housing, drug addiction,
limited employment options, limited education. To succeed, these needs must be considered and a plan
put in place before the offender is released. Such barriers to successful reintegration must be addressed
through partnerships with the practitioners, service providers, and community agencies.
Concept of Collaborative Justice with the community and other Service providers
Community corrections professionals cannot possibly, and should not expect to, address the
complex needs of offenders independently. Other professionals must be involved to provide valuable
information, resources, and perspectives that will help the offender to succeed in the community.
Collaboration goes beyond sharing of resources and changing information; collaboration requires
that community correction officers, court officials, and community partners work closely with each other
to achieve outcomes that would not be possible without the collaboration. Working with other criminal
justice professionals and community partners can result in supervision plans the address offenders needs
more effectively, resulting in lower court caseloads and reduced violations and crime rate with in the
community.
It is only through collaboration with public, private and community-based service providers that
community correction can promote safer communities.
Community and service providers play key roles in addressing effectively the complex social,
behavioral, and health issues that offenders face. Public and private treatment providers, including
substance abuse and mental health practitioners, victims’ right organization, and victim advocates can
also provide valuable resources, work force training, educational assistance, and veterans’ benefits are
also important partners in finding solution to the complex problems facing offenders in the community.
Community and faith-based partners (including willing employers, and local colleges and schools) can
provide numerous resources. But still the most important stakeholders are the offender and his or her
family.
Restorative Justice
(Present)
Collaborative Justice
(Future)
Retributive Justice Restorative Justice Collaborative Justice
Retributive Justice also known as Sometimes called reparative justice is Collaborative Justice is a unique and
punitive justice is a theory of justice an approach to justice that focuses on promising approach to criminal justice
that considers punishment, if the needs of the victim and the that seeks to work toward the more
proportionate, to the best response to offenders, as well as the involved effective resolution of these problems.
crime. community, instead of satisfying Rather than relying on single agencies
When an offender breaks the law, abstract legal principles or punishing to solve their respective problems. It
he/she thereby forfeits or suspends the offender. recognizes that many criminal justice
his/her right to something of equal Victims take an active role in the problems are systemic and require a
value, and justice requires that his process, while offenders are encourage coordinated and collaborative response
forfeit be enacted. to take responsibility for their actions, to the most pressing issues facing our
Retribution is directed only at wrongs, to repair the harm they’ve done-by justice system today.
has inherent limits, is not personal, apologizing return stolen money, or Collaborative Justice partnerships –
involves no pleasure at the suffering of community service. and the ability to share information,
others, and employs procedural Restorative Justice that fosters develop common goals, and create
standards. dialogue between victim and offender compatible internal policies to support
shows the highest rates of victim those goals have significant potential to
satisfaction and offender positively impact crime, increased
accountability. public confidence, and reduced costs
throughout the justice system.
Criminal justice professionals join
forces to analyse problems and create
responsive solutions; and judges, court
administrators, prosecutors, defence
attorneys, probation and parole
representatives, correction personnel,
victim advocates, law enforcement
officers, and public and private
treatment providers reach out to one
another to forge partnerships that will
enable them to address complex
medical, social, financial, and
behavioral problems that pose
significant threats to the safety and
well-being of our community.
The successful implementation of a collaborate Justice approach often faces many challenges,
including;
The adversarial nature of the legal system;
The competition for scarce resources;
The political pressure faced by elected official;
The creation of existence of agencies that have overlapping, duplicative, responsibilities; and
The creation or existence of agencies that have missions that are incongruous.
The success of a collaborative team relies upon the desire and willingness of each participant to
dedicate themselves and their time to the collaborative process; to set aside individual agency agendas in
pursuit of a shared and larger goal; and to recognize that collaborative justice is a long term process,
requiring the establishment and maintenance of solid collaborative partnerships with other agencies and
community stakeholders. The long term benefits of collaborative approach – including a shared
ownership of, responsibility for, and success in solving justice problems – will undoubtedly make the
investment worthwhile.
ICCA has been affiliate of the American Correctional Association (ACA) since 1975; an affiliate of the
United Nations Alliance of Non-Government Organizations in Criminal Justice since 1982; the American
Probation and Parole Association, the International Corrections and Prison Association and the National
Juvenile Justice Delinquency Prevention Coalition. In addition, ICCA liaises with several other national
and international community corrections and organizations.
Is an international organization that provides education and training for community corrections
practitioners. AAPA establishes standards in all areas of community supervision, including restitution,
electronic monitoring, pretrial, conditional early release and issues related to prisons.
APPA is only one of several organizations that serve a similar purpose for community corrections
advocacy. Other organizations are as follows:
1. American Correction Association (ACA)
2. National Association of Pretrial Services Agencies (NAPSA)
3. International Association of Reentry (IAR)