Philippines' Probation System (From UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) Report for 1978 and Resource Material, P 85-88, 1979 - See NCJ-70911)

• NCJ Number: 70917
• Author(s): M S Buensuceso
• Date Published: 1979
• Length: 4 pages
• Publication Format: Document
• Language: English
• Country: Japan

Annotation

The Philippines' adult probation system is described; the law authorizing probation, probation procedures, eligibility for probation, and the probation officer's function are noted.

Abstract

Under the Adult Probation Law of 1976, probation is treated as a privilege and not a right and envisions only suspension of execution of sentence. A convicted defendant must apply for probation and, once granted, must comply with the conditions imposed by the court and the supervision of the probation officer; otherwise, the defendant will have to serve the original sentence. The agency in charge of the administration of the probation system is the Probation Administration under the Department of Justice. Probation applies to all but the following types of offenders: (1) those sentenced to a maximum imprisonment of more than 6 years, (2) those convicted of any offense against national security, (3) those previously convicted of an offense and punished by imprisonment of not less than 1 month and 1 day or a fine of not less than 200 pesos, (4) those who have already been on probation, and (5) those already serving sentences at the time the Probation law became applicable. The period of probation shall not exceed 2 years for a defendant sentenced to a term of imprisonment of not more than 1 year and 6 years for all other defendants. Probationary supervision aims at implementing the conditions in the court order and facilitating the rehabiltation of the offender through corrective guidance and the use of community resources. A probation plan is based on a thorough analysis of the offender's background and needs. No references are cited.