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Understanding Probation Law Essentials

The document discusses Philippine Presidential Decree 968, also known as the Adult Probation Law of 1976. The key points are: 1. The law established a more humane correctional system focused on reformation over imprisonment to reduce recidivism and costs. 2. Probation involves suspending an offender's sentence while allowing them to remain in the community under court supervision to prove they deserve freedom. 3. To qualify for probation, offenders must be 18+ and not otherwise disqualified, and the court must determine after investigation that probation is appropriate and will not depreciate the seriousness of the offense.

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Jaycer Collado
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25 views9 pages

Understanding Probation Law Essentials

The document discusses Philippine Presidential Decree 968, also known as the Adult Probation Law of 1976. The key points are: 1. The law established a more humane correctional system focused on reformation over imprisonment to reduce recidivism and costs. 2. Probation involves suspending an offender's sentence while allowing them to remain in the community under court supervision to prove they deserve freedom. 3. To qualify for probation, offenders must be 18+ and not otherwise disqualified, and the court must determine after investigation that probation is appropriate and will not depreciate the seriousness of the offense.

Uploaded by

Jaycer Collado
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

PCRIM F-2

(NON-INSTITUTIONAL
CORRECTIONS)
Jennielyn P. Bayang, Rcrim, MSCrim
Subject Instructor
PROBATION LAW PROPER
Presidential Decree 968 – The Probation Law of 1976.
Also known as the “Adult Probation Law”.
Reason for its enactment:
1. The establishment of a more enlightened and humane
correctional system that will promote the reformation of
offenders;
2. Reduce the incidence of RECIDIVISM
3. To remedy the onerous drain on the financial resources of
the country.
4. The need to provide a less costly alternative to the
imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
 PROBATION – Probation as a term and as a procedure is derived
from the Latin word “PROBARE” meaning to PRAVE. Therefore,
as the term Latin Etymology states, probation involves the testing
of an offender and proving that he's worth of his freedom. It is a
procedure whereby the sentence of an offender is suspended, while
he is permitted to remain in the community, subject to the control
of the court and under the supervision and guidance of probation
officers. A disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed by the court
and to the supervision of probation officers.
 PROBATIONER – It means a person placed on probation.

 

 PROBATION OFFICER – It means one who investigates for the

court a referral for probation or supervises a probationer or both;


and performs other related duties as directed.
 

 PETITIONER – A convicted defendant who files a formal

application for probation.


 PROBATIONER – It means a person placed on
probation.

 PROBATION OFFICER – It means one who


investigates for the court a referral for probation or
supervises a probationer or both; and performs other
related duties as directed.

 PETITIONER – A convicted defendant who files a


formal application for probation.
BASIC ELEMENT OF PROBATION
 A suspension of the sentence
 A period at trial for the offender in the community

 The offender’s observance of the law and the adherence


to the condition imposed by the court
 The supervision of the offender by a probation officer
ESSENTIAL ELEMENTS OF
PROBATION
 A post-sentence investigation report which will serve as
the informational basis for the court' s decision to grant
or deny probation.
 The conditional suspension of execution of sentence by
the court.
 Conditions of probation imposed by the court to protect
public safety and to foster the rehabilitation and
reformation of the probationer.
 Supervision, guidance and assistance of the offender by
the probation officer.
PURPOSE OF PROBATION
 To promote the correction and rehabilitation of an
offender by providing him with individualized
(personalized), community based treatment.
 To provide an opportunity for his reformation and
reintegration into the community; and
 To prevent the commission of offenses.
WHO ARE QUALIFIED FOR
PROBATION?
 Any sentenced offender, 18 years of age above not
otherwise disqualified under PD 968 as amended can
apply for probation before serving the sentence which
may either be imprisonment or a fine with subsidiary
imprisonment, or both imprisonment and fine.
ARE ALL CONVITED PERSONS WHO ARE
NOT DISQUALIFIED ENTITLED TO
PROBATION AUTOMATICALLY
 NO. The court will not grant probation if after
investigation conducted by the probation officer, it finds
that:
 The offender can be treated better in an institution or
other places for correction;
 The offender is a risk to the community;

 Probation will depreciate the gravity of the offense.

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