ESTABLISHMENT 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).