Saint Michael College of Caraga - Nasipit, Agusan del Norte BSCRIM 101 CountWolfPerson195

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What is probation? It is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer (Se... c. 5 PD 968) It is a sentence served while under supervision in the community IC ano et al., 2010) Probation affects only the criminal aspect of the case. The suspension of the sentence imposed on the accused that is granted probation has no bearing on his civil liability. The court must hear the civil aspect. Probation is a form of treatment of the convicted offenders. It is not a clemency, pity or leniency to the offenders but rather a substitute for imprisonment. Cano et al. (2010) compared probation to an outpatient They explained that an outpatient does not need to be hospitalized because his sickness is not serious. However, the patient must remain under the care and supervision of his family physician in order that his sickness will not become more serious. In probation, the probationer does not go to prison but he should remain under the supervision and guidance of his probation officer in order that he will not become a more serious offender. According to Manwong (2014), 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 were recruited and, and the central agency and probation field offices organized throughout the country. This is how the government has prepared just to give a more humane form of reforming and rehabilitating offenders. Finally, the probation system started to operate on January 3 1978. For better understanding about probation, let us now take a grasp of the Philippine probation law. PRESIDENTIAL DECREE No. 968-July 24, 1976 ESTABLISHINGA PROBATION SYSTEM APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES WHEREAS one of the major goals of the government is to establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism. WHEREAS the confinement of all offenders in prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country: and WHEREAS, there is a need to provide a less costly alternative the imprisonment of offenders who are likely to respond to individualized community-based treatment programs: NOW THEREFORE, FERDINAND E. MARCOS President of the Philippines. by virtue of the powers vested in me by the Constitution, do hereby order and decree the following: Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976. It shall apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three and similar laws. Section 2. Purpose. This Decree shall be interpreted so as to: a. Promote the correction and rehabilitation of an offender by providing him with Individualized treatment; b. Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence and c. Prevent the commission of offenses NOTES: Clearly therefore, the purpose of probations reformative in nature and not preventive, and is to be exercised primarily for the benefit of the society and only Incidentally for the benefit of the accused. [Show More]

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