ESTABLISH M ENT AND DEVELOPMENT OF

PAROLE AND PROBATION ADMINISTRATION

EARLY BEGINNINGS

The concept of probation stems from faith in man’s capacity to change for the
better and in the ultimate good that will redound to society by rebuilding rather than
destroying those who have offended it.

Thus, as early as the thirteenth century, efforts were made to mitigate the
harshness of penal laws through more enlightened and rehabilitative approaches in the
treatment and correction of offenders. These included the release of accused members of
the clergy to ecclesiastical authorities, judicial reprieve or temporary suspension of
sentence or execution, deportation, and release on recognizance wherein a misdemeanant
bound himself before the court to “keep the peace and be on good behavior.” These
practices in early English Courts became the forerunners of probation which was later
established in England and the United States.

In the Philippines, provisions for juvenile probation has been embodied in Article
80 of the Revised Penal Code since its enactment in 1932. Thus, sentence was suspended
for offenders under 16 years of age accused of a grave or less grave felony, who were
then placed in the care and custody of public or private entities. This was amended on
December 10, 1974 by Presidential Decree No. 603, known as the Child and Youth
Welfare Code, and by Presidential Decree No. 1179 which set the age of minority to
below 18 years of age at the time of the commission of the offense. Likewise, Republic
Act No. 6425 or the Dangerous Drugs Act of 1972 provided for the suspension of
sentence and probation of a first-offender under 18 years of age at the time of the
commission of the offense but not more than 21 years at the time when judgment should
have been promulgated.

The move to integrate adult probation in the Philippine criminal justice system
began early in the twentieth century when the Philippine Legislature approved Act No.
4221 on August 7, 1935. This created a Probation Office under the Department of
Justice, and provided probation for first offenders 18 years of age and above who were
convicted of certain crimes. Unfortunately, there were defects in the law’s procedural
framework so that, on November 16, 1937, the Supreme Court declared it
unconstitutional in the case of People of the Philippines vs. Vera on the grounds of
“undue delegation of legislative power” and violation of the “equal protection of the
law” clause.

A second attempt was made when then Congressmen Teodulo C. Natividad and
Ramon D. Bagatsing introduced House Bill No. 393 during their last months in Congress.
Passed in the Lower House, this was pending in the Senate when Martial Law was
proclaimed in 1972.
 The agitations for the adoption of an adult probation law continued. In 1973, the
technical staff of the Bacolod City Police Advisory Council, headed by Lt. Col. Arcadio
S. Lozada and assisted by US Peace Corps Volunteer Alvin L. Koenig, prepared a
proposed Probation Decree which incorporated pertinent provisions of the Natividad and
Laurel Bills. This was submitted to the Secretary of Justice and the National Police
Commission after a thorough perusal by a study committee of the Integrated Bar of the
Philippines and subsequent indorsement by its national Board of Directors.

Late in 1975 the National Police Commission, sitting en banc and headed by
Defense Secretary Juan Ponce Enrile who was the concurrent Chairman of NAPOLCOM,
heard the report “Meeting the Challenge of Crime” of the Philippine delegation
to the 5th United Nations Congress held in Geneva, Switzerland in September 1975. At
that time, the Philippines was among the few participating countries without an adult
probation system. Citing the role of probation in an integrated approach to crime
prevention, the delegation urged priority action on the establishment of the system. This
was the turning point that led to the passage of the law. The Inter-Disciplinary
Committee on Crime Prevention created in 1974 by Secretary Enrile and chaired by
Commissioner Teodulo Natividad, then pursued the preparation of the probation decree.
Eighteen technical hearings were conducted, attended by 60 resource persons, after which
the draft decree was presented at the Seminar on the Probation System sponsored by the
NAPOLCOM, Philippine Constabulary and Integrated National Police, and the
University of the Philippines Law Center on April 24, 1976. This was studied and
overwhelmingly endorsed by 369 participants representing various sectors of society. A
final draft of the decree was subsequently prepared, then reviewed and endorsed to the
President of the Philippines by the Minister of Justice, Minister of National Defense,
and Chief Justice of the Supreme Court.

Thus, the law was born on July 24, 1976. It was during the closing ceremonies of
the First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo,
Quezon City, that President Ferdinand E. Marcos signed Presidential Decree (P.D.) No.
968, otherwise known as the Probation Law of 1976, in the presence of nearly 800
representatives of the country’s criminal justice system.
31 YEARS AFTER

The administration of the Philippine Adult Probation System has been guided,
through the 31 years of its development, by the purposes embodied in Section 2 of P. D.
No. 968, as amended, namely:

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.

From 1978 to 2007, the investigation cases handled by the Administration grew at
the rate of 2.68% annually. This yielded a total of 303,022 convicted offenders who
applied for probation that had been investigated by the probation and parole officers
throughout the Philippines. On the other hand, a total of 268,426 supervision cases was
handled with an annual growth rate of 7.45%. Of this number, 20.83% or 188,919
probationers were successfully terminated having lived their period of probation without
violating the conditions for its grant. An average of 2.04% or 20,822 probationers were
revoked and subsequently imprisoned, while around 25,295 continue today, under the
supervision of probation and parole officers, to live with their families, earn their
livelihood, and participate in meaningful activities outside the confines of prison and
jails.

With the promulgation of Executive Order No. 292 on November 23, 1989 the
Administration was given the added function of supervising prisoners who, after serving
part of their sentence in jails, were released on parole or were granted pardon with parole
conditions. From 1989 to present, 50,627 parolees and 7,452 pardonees have been
supervised by the Administration with an annual growth rate of 390.86% and 44.68%,
respectively. In 1990, there was a big increase (7,050.77%) in the number of parolees
from 65 to 4,648 due to the turnover of parole supervision cases from the municipal trial
courts to the parole and probation offices. Of the total number of parolees and pardonees
supervised, around 9.39% or 25,215 parolees and 7.74% or 3,197 pardonees were given
final release and discharge. On the other hand, Resolution No. 229 dated April 2, 1991,
authorized the Administration to conduct pre-parole and executive clemency
investigation. From 1991 to 2007, 23,329 pre-parole/executive clemency investigation
cases were handled. This represents an annual growth rate of 22.78%.
 Effective August 17, 2005, by virtue of a Memorandum of Agreement with the
Dangerous Drugs Board, the Administration has been performing another additional
function of investigating and supervising fist-time minor drug offenders who are placed
on suspended sentence pursuant to Republic Act No. 9165.

The conduct of suspended sentence investigation aims to gather substantial data

or information about all aspects of the client’s life which will be a crucial factor in the
grant or denial of suspended sentence.

This covers the clients who are over 15 years of age at the time they violated
Section 11 or Section 15 of R.A. 9165 but not more than 18 years old at the time they are
found guilty of said offense.

For 2007, the Administration handled a total of five (5) suspended sentence
investigation cases. All were disposed of for the grant of suspended sentence.

During the year under review, the Administration received a total of seven (7)
supervision cases under suspended sentence. The first-time minor drug offenders under
suspended sentence were given rehabilitation programs such as livelihood, human
development, moral reformation, etc. to prepare them on their journey back to the
mainstream of society.

In line with the final report of suspended sentence, the Court promulgates the
judgment of conviction of a user or a possessor who is drug dependent and who was not
rehabilitated while on suspended sentence and places the offender under probation even if
the sentence imposed is higher than that provided under P.D. 968, as amended, or similar
laws; or imposes community service in the case of a user.

In 2007, the Agency received four (4) supervision cases for community service.
Out of the total supervision cases, two (2) or 50.00% was terminated leaving two (2) or
50.00% under active supervision for the ensuing year. On the other hand, there was no
investigation referral received for the year.

Pres. Marcos swears in NAPOLCOM
Chairman Natividad as concurrent
Probation Administrator after signing PD
968 during closing of the First National
Conference on a Strategy to Reduce Crime
(Camp Aguinaldo, Quezon City, July 24,
1976).
First batch of probation officers during
their observation tour of the US probation
system (Los Angeles Training Academy,
April 1, 1977).
Foreign and local consultants assist in
the institutionalization of the probation
system. Shown L-R: Francisco
Ruivivar, Asst. Head of Probation Task
Force; Leonard Stateman, Executive
Vice-President of UNICOM Int’l;
Administrator Teodulo Natividad;
Undersecretary of Justice Catalino
Macaraeg, Jr.; Dr. A Lamont Smith,
Deputy Director of Arizona Dept. of
Corrections; Col. Arcadio Lozada, Head
of Probation Task Force; and Alvin
Koenig, Retired Los Angeles Probation
Officer.
Dr. Torsten Erikson, former Un advisor
on social defense, presents his paper
during Seminar on Probation System
before 369 representatives of the five
pillars of the Criminal Justice System
(UP Law Center, Diliman, Quezon City,
April 24, 1976).
Justice Undersecretary Catalino T.
Macaraeg, Jr. keynotes the Opening
Ceremony of the 6-week Probation
Trainors Course (INP Academy, Fort
Bonifacio, February 14, 1977).
CFI and MC judges attending a Regional
Seminar on Probation (Bacolod City,
October 25-28, 1977)
Pres. Marcos delivers keynote speech
during Opening of the First Regional
Seminar on Probation (PICC, Manila,
August 1, 1977).
PA Consultant Alvin Koenig, PO Juanita
Catalan, Probation Task Force Head Col.
Arcadio Lozada, Mrs. Lamont Smith,
Associate Justice Antonio Barredo, PA
Consultant Lamont Smith, and seminar
participants during Regional Seminar on
Probation for Western Visayas (Bacolod
City, October 25, 1977)
Public information drive on probation with
CFI Judge Pelayo Nuevo as speaker (Roxas
City, February 14, 1978).
PA Assessment Committee going over
papers of additional batch of applicants for
PI and other positions (PA Central Office,
Guadalupe, Makati 1977).
Graduation of 37 participants in First
Probation Officers Basic Course
(Bacolod Area Training Center) with
Associate Justice Antonio Barredo and
PA officials (Sugarland Hotel, Bacolod
City, October 28, 1977).
Fisrt Batch of VPAs taking oath of office
before Judge Nicolas Gerochi, Jr. with
PO Dolores Nalumen as witness
(Bacolod City, 1978).