CHAPTER VI
THE PAROLE AND PROBATION
ADMINISTRATION
Overview
The Parole and Probation Administration is a government agency under the
Department of Justice which can be found at DOJ Agencies Building, NIA Road Cor.
East Avenue, Diliman, Quezon City.
Learning Outcomes
At the end of the chapter, the students can:
Define Parole and Probation Administration.
Discuss the history and creation of Probation and Parole Administration under
PD 968.
Identify the qualification and duties of the following:
a. Probation Administrator;
b. Assistant Probation Administrator;
c. Regional Probation Officer; and
d. Provincial and City Probation Officers.
Draw the organizational structure of probation administration.
Understand the vision, mission, mandate, goals and organizational values of PPA.
Enumerate major rehabilitation programs of PPA.
Time Allotment
1 ½ hour per session
A. WHAT IS PAROLE AND PROBATION ADMINSTRATION?
The Parole and Probation Administration (Filipino: Pangasiwaan ng Parol
at Probasyon), abbreviated as PPA, is an agency of Philippine government under the
Department of Justice responsible for providing a less costly alternative to
imprisonment of first-time offenders who are likely to respond to individualized
community-based treatment programs.
B. FUNCTIONS
To carry out these goals, the Agency through its network of regional and field
parole and probation officers performs the following functions:
a. To administer the parole and probation system.
b. To exercise supervision over parolees, pardonees and probationers.
c. To promote the correction and rehabilitation of criminal offenders.
C. HISTORY AND THE CREATION OF PROBATION
ADMINISTRATION
Probation was first introduced in the Philippines during the American Colonial
Period (1898-1945) with the enactment of Act No. 4221 of the Philippine Legislature on
August 7, 1935. This law created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of some defects in the
law’s procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a
probation system in the Philippines. This bill avoided the objectionable features of Act
No. 4221 that struck down in 1935 law as unconstitutional. The bill was passed by the
House of Representatives, but was pending in the Senate when Martial law was declared
and Congress was abolished.
In 1975, the National Police Commission Interdisciplinary drafted a Probation
Law. After 18 technical hearings over a period of six months, the draft decree was
presented to a selected group of 369 jurists, penologists, civic leaders and social and
behavioural scientists and practitioners. The group overwhelmingly endorsed the
establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation
Law of 1976, was signed into law by the President of the Philippines.
Section 18 of PD 968. The Probation Administration. There is
hereby created under the Department of Justice, an agency to be
known as Probation Administration herein referred to as
Administration, which shall exercise general supervision
over all probationers.
The administration shall have such staff, operating units and
personnel as may be necessary for the proper execution of its
functions.
The startup of the probation system in 1976-1977 was a massive undertaking
during which all judges and prosecutors nationwide were trained in probation methods
and procedures; administrative and procedural manuals were developed; probation
officers recruited and trained, and the central agency and probation field offices
organized throughout the country. Fifteen selected probation officers were sent to
United States for orientation and training in probation administration. Upon their
return, they were assigned to train the newly recruited probation officers.
The probation system started to operate on January 3, 1978. As more probation
officers were recruited and trained, more field offices were opened. There are at present
204 field offices spread all over the country, supervised by 15 regional offices.
NOTE BENE: Under Executive Order No. 292, entitled “The Administrative Code of
1987”, promulgated on November 23, 1989, the Probation Administration was renamed
as “Parole and Probation Administration”. It was given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on
parole or are granted pardon with parole conditions.
D. POWERS AND DUTIES OF OFFICERS OF PROBATION
ADMINISTRATOR
A. PROBATION ADMINSTRATOR
The Administration shall be headed by the Probation Administrator,
hereinafter referred to as the Administrator.
It is appointed by the President of the Philippines. He shall hold office
during good behaviour and shall not be removed except for cause. (Section
19 of PD 968)
The following are the powers and duties of Probation Administration under
Section 19 of PD 968:
(a) Act as the executive officer of the Administration;
(b) Exercise supervision and control over all probation officers;
(c) Make annual reports to the Secretary of Justice, in such form as the latter
may prescribe, concerning the operation, administration and
improvement of the probation system;
(d) Promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the probation
process;
(e) Recommend to the Secretary of Justice the appointment of the
subordinate personnel of his administration and other offices established
in this Decree; and
(f) Generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.
B. ASSISTANT PROBATION ADMINISTRATOR
Under Section 21 of PD 968 to be eligible for Appointment as Administrator or
Assistant Probation Administrator one must be:
1. At least 35 years old
2. Holder of a master’s degree in criminology, social work correction, penology,
psychology, sociology, public administration, laws, police science, police
administration or related field.
3. 5 years supervisory experience
4. Member of BAR with 7 years supervisory
C. REGIONAL OFFICE; REGIONAL PROBATION OFFICER.
Under Section 22 of PD 968 the administration shall have regional offices.
Such regional offices shall be headed by a Regional Probation Officer.
1. He shall exercise supervision and control over all probation officer within his
jurisdiction and such duties as may assigned to him by the Administrator.
2. He shall have an annual salary of at least 24, 000 pesos.
The Regional Probation Officer shall be assisted by an Assistant Regional
Probation Officer with an annual salary of at least 20, 000 pesos.
N.B. Both were appointed by President of the Philippines upon the
recommendation of the Secretary of Justice.
D. PROVINCIAL AND CITY PROBATION OFFICERS.
Under Section 22 of PD 968 there shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and
rules.
The Provincial or City Probation Officer shall receive an annual salary of at least
8, 400 pesos.
His duties shall be to:
(a) Investigate all persons referred to him for investigation by the proper
court or the Administrator;
(b) Instruct all probationers under his supervision of that of the probation
aide on the terms and conditions of their probations;
(c) Keep himself informed of the conduct and condition of probationers under
his charge and used all suitable methods to bring about an improvement in
their conduct and conditions;
(d) Maintain a detailed record of his work and submit such written reports as
may be required by the Administration or the court having jurisdiction
over the probationer under his supervision;
(e) Prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
(f) Supervise the training of probation aides and oversee the latter’s
supervision of probationers;
(g) Exercise supervision and control over all field assistants, probation aides
and other personnel; and
(h) Perform such duties as may be assigned by the court or the
Administration.
Qualifications of Regional, Assistant Regional, Provincial, and City
Probation Officers. (Section 25 of PD 968)
No person shall be appointed Regional or Assistant Regional or Provincial or City
Probation Officer unless:
1. He possesses at least a bachelor’s degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police science,
administration, or related fields.
2. He has at least 3 years of experience in work requiring any of the
abovementioned disciplines.
3. A member of the Philippine Bar with at least 3 years of supervisory
experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed
from among qualified residents of the province or city where he will be
assigned to work.
E. MISCELLANEOUS POWERS UNDER SECTION 24 OF PD 968.
They shall have the authority within their territorial jurisdiction to administer
oaths and acknowledgments and to take depositions in connection with their duties and
respect to probationers under their care, the powers of police officer.
F. FIELD ASSISTANTS, SUBORDINATE PERSONNEL
Section 27. Field Assistants, Subordinate Personnel. Provincial or City
Probation Officers shall be assisted by such field assistants and subordinate personnel
as may be necessary to enable them to carry out their duties effectively.
E. THE ORGANIZATION STRUCTURE OF PROBATION
ADMINISTRATION (See Appendices)
The Probation Administration was 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 Administration 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.
Effective August 17, 2005, by virtue of a Memorandum of Agreement with the
Dangerous Drugs Board, the Administration performs another additional function of
investigating and supervising first-time minor drug offenders who are placed on
suspended pursuant to Republic Act No. 9165.
Probation Administration (EO no. 292 Parolees and Probation Administration)
Line Bureau under the DOJ.
A. CENTRAL OFFICE
1. OFFICE OF THE ADMINISTRATOR – It acts as the head and the executive
officer of the PPA.
a. Planning Staff – Develops plans, programs and conducts, research
towards economical, efficient and effective operation and implementation
of PD No. 968 as amended.
b. Technical Services – It acts as service arm of the Board of Pardons and
Parole in the supervision of parolees and pardonees.
2. OFFICE OF THE DEPUTY ADMINISTRATOR - One deputy. Assist the
administrator and performs such duties as may be assigned by the administrator.
3. STAFF DIVISION
1. ADMINISTRATIVE DIVISION – It provides the administration with
well-planned, directed and coordinated services relating to personnel,
records, supplies and equipment, disbursement, security and
janitor/messengerial services and public information dissemination.
a. Personnel Section
b. Public Information Section
c. Records and Mailing Section
d. Cash Section
e. Property Selection
f. General Services Section
2. FINANCIAL MANAGEMENT DIVISION – It provides financial support
to all units of the agency and implements policies and procedure on financial
management in accordance with the government rules and regulations.
a. Accounting Section
b. Budget Section
c. Management Section
3. LEGAL AND INSPECTORATE DIVISION - It provides various units of
the administration with legal advice, prepares opinions on questions of law
that may arise in the implementation of P.D No. 968 as amended.
a. Inspection and Investigation Section
b. Legal Counselling Section
4. TRAINING DIVISION - Develops, conducts, monitors and evaluates
training programs for improved job performance of the line and staff
personnel of the agency, develops modules for training of community
volunteers, facilities and monitors attendance of officials and employees in
training programs sponsored by the other agencies/organizations.
a. Research Development Section
b. Material Preparation and A/V Section
c. Training Evaluation Section
5. COMMUNITY SERVICES DIVISION – Assist in the
establishment/development of facilities, programs and services for the
rehabilitation of probationers/parolees/pardonees utilizing community
resources, provides technical and consultative services to operating units anf
offices of the administration, screens and recommends for appointment of
VPAs.
a. Community Programs Section
b. Volunteer Services Section
6. CASE MANAGEMENT AND RECORDS DIVISION –It provides
technical services assistance to field officers in improving investigation
procedures/supervision over probationers and their services to the courts
conducts studies on caseloads, caseworks services and procedures in case
management, maintains central files of records of petitioners/ probationers/
pardonees and establishes linkages with criminal justice pillars for
improvement of case load management.
7. CLINICAL SERVICES DIVISION – Provides the administration with
effective diagnostic/evaluation and therapy/management of PPA employees
and their dependents, petitioner, probationers, parolees, pardonees which
include psychiatric, medical, dental and psychological and social services.
B. REGIONAL OFFICES (Regional Probation and Parole Offices (Dir. II/ Regional
Dir.) – It exercises supervision and control over all provincial /city Parole and Probation
offices within the jurisdiction and performs such duties as may be assigned by the
administrator.
One Deputy (Dir. I/ Asst. Reg. Dir)
15 Regional Office
C. PROVINCIAL/ CITY OFFICE –It undertakes the investigation of petitioners for
probation referred by the courts for PSIRs; supervise petitioners/parolees/pardonees
and perform such other duties as may be assigned by the administrator.
CHIEF PPO ASSISTED BY:
Senior Probation and Parole Officer (Sr. PPO)
Probation and Parole Officer II (PPO II)
Parole and Probation Officer I (PPO I)
Clerk II
PROBATION ADMINISTRATION - Appointed by President, hold office during good
behaviour/ or shall not be remove without case.
Regional Probation Officer - Appointed by the President upon recommendation of
the Secretary of DOJ. It is assisted by Assistant Regional Office.
Provincial or City Probation and Parole Officer - At least one in each province or
City appointed by Secretary of DOJ, upon recommendation of Probation
Administration.
Requirement for Regional Probation Office, Assistant RPO, Provincial or
City:
1. A bachelor degree major in social work, sociology, psychology, criminology,
penology, correction, police science, police administration or related field with 3
years supervisory experience.
2. Member of the BAR with 3 years supervisory experience.
F. VISION, MISSION, MANDATE, GOALS AND
ORGANIZATIONAL VALUES
I. 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, and efficient
organization, highly professional and committed workforce in order to promote social
justice and development.
II. MISSION
To rehabilitate probationers, parolees and pardonees and promote their development as
integral persons by utilizing innovative interventions and techniques which respect
dignity of man and recognize his divine destiny.
III. MANDATE
The Parole and Probation Administration is mandated to conserve and/or redeem
convicted offenders and prisoners who are under the probation of parole system.
IV. GOALS
The Administration’s programs sets to achieve the following goals:
a. Promote the reformation of criminal offenders and reduce the incidence of
recidivism; and
b. Provide a cheaper alternative to the institutional confinement of first time
offenders who are likely to respond to individualized community-based treatment
programs.
V. ORGANIZATIONAL VALUES (PPA)
A. Performance – Efficient and effective accomplishment of task and targets,
beginning with individual officials and throughout all units in the
organizational hierarchy, linked coherently and progressively toward the
agency Mission, Vision and strategic works.
1. Teamwork – Working together to achieve shared goals.
2. Resourcefulness and Innovativeness – Exploring resources with
ingenuity optimizing opportunities with creativity.
B. Professionalism – High level of proficiency on the 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 clients and fellowmen.
1. Role modeling - Serving and inspiring by example.
2. Honesty and Integrity - Being upright and transparent in transaction
and relations.
G. MAJOR REHABILITATION PROGRAMS
A. RESTORATIVE JUSTICE (RJ) is a philosophy and a process whereby
stakeholders in a specific offense resolve collectively how to deal with the aftermath
of the offense and it 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
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.
B. THE VOLUNTEER PROBATION AIDE (VPA) PROGRAM is a strategy by
which the Parole and Probation Administration may be able to generate maximum
citizen participation or community involvement. Citizens of good standing in the
community may volunteer to assist the probation and parole officers in the
supervision of a number of probationers, parolees and conditional pardonees in
their respective communities. Since they reside in the same community as the client,
they are able to usher the reformation and rehabilitation of the clients hands-on.
In collaboration with the PPO, the VPA helps pave away for the offender, victim
and community to each heal from the harm resulting from the crime done. They can
initiate a circle of support for clients and victims to prevent further crimes, thereby
be participants in nation-building.
C. THE THERAPEUTIC COMMUNITY (TC) is a self-help social learning
treatment model used in the rehabilitation of drug offenders and other clients with
behavioural problems. TC adheres to precepts of “right living” - Responsible Love
and Concern; Truth and Honesty; the Here and Now; Personal Responsibility for
Destiny; Social Responsibility (brother’s keeper); Moral Code; Work Ethics and
Pride in Quality.
The Therapeutic Community (TC) is an environment that helps people get help
while helping themselves. It operates in a similar fashion to a functional family with
a hierarchical structure of older and younger members. Each member has structure
of older and younger members. Each member has a defined role and responsibilities
for sustaining the proper functioning of the TC. There are sets of rules and
community norms that members commit to live by and uphold upon entry. The
primary “therapist” and teacher is the community itself, consisting of peers,
staff/probation and parole officers even Volunteer Probation Aides (VPA), who, as
role models of successful personal change, serve as guides in the recovery process.