A. Introduction.

The probation system is a major, modern method of treating a criminal. It departs from the
traditional thinking based on the concept of deterring through punishment and turns to the criminal
philosophy based on humanitarianism and utilitarianism. Therefore, the probation system is an integral
part of the criminal policy. Defending the society: The probation system is direct contribution to the
defense of society because it helps the probationer to readjust his or her relations with work, family and
society. Reducing the rate of crime by restructuring the probationer. The probation institute provides
appropriate assistance and supervision to the probationers and helps to restrain themselves so that they
can rebuild their relationship with society and reduce their anti-social behavior. Consisting with the
newest criminal policy and benefiting the nation. The government's policy toward the criminals lies in
the effort to restore the bright side of their character and to enable them to understand themselves in
the course of probation. This replacement of negative punishment with positive encouragement is the
greatest achievement of modern criminal policy.

B. Background Information.

The origin of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always of a serious
nature. Sentences such as branding, flogging, mutilation, and execution were common. During the time
of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were
minor offenses.

This harshness eventually led to discontent in certain progressive segments of English society
that were concerned with the evolution of the justice system. Slowly but resolutely, in an effort to
mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal pardons
could be purchased by the accused; activist judges could refrain from applying statutes or opt for a
lenient interpretation of them; stolen property could be devalued by the court so that offenders could
be charged with a lesser crime. Also, methods such as benefit of clergy, judicial reprieve, sanctuary, and
abjuration offered offenders a degree of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser sentences.
Controversially, certain courts began suspending sentences.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston
and the owner of a successful boot-making business. It was undoubtedly his membership in the
Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained from
alcohol themselves and were convinced that abusers of alcohol could be rehabilitated through
understanding, kindness, and sustained moral suasion, rather than through conviction and jail
sentences.
 In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later for sentencing. He returned
to court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his
appearance and demeanor had dramatically changed.

Probation was first introduced in the Philippines during the American colonial period (1898-
1945) with the enactment of Act 4221 on August 7, 1935 by the Philippine Legislature. This Law created
a Probation Office under the Department of Justice. However due to some defects in its procedural
framework, it was declared unconstitutional by the Supreme Court on November 16, 1937 after barely
two years of existence. In 1972, House Bill No.393 intended to establish a probation system in the
Philippines was filed in Congress. This bill avoided the objectionable features of Act 4221 which was the
cause of its declaration as unconstitutional. The bill was passed by the House of Representatives and
was pending in the Senate when Martial Law was declared, and the Congress was abolished.

The operation 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 trained; and the central
office and also the probation field offices were organized throughout the country. Fifteen probation
officers were selected from the first batch of trainees for an observation tour to the Los Angeles Training
Academy, April 1, 1977. 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 as more probation field offices were opened. At present there are 183 field offices
spread all over the country, supervised by 15 regions.

C. Alternatives

The current situation of the prison facilities in our country, there is a need of decongesting the
facilities because of the overwhelming numbers of incarcerated prisoners. The probation has many
different rehabilitation programs that would help in the rehabilitation of the prisoners. One of these
rehabilitation programs is he Therapeutic Community Modality. It is a self-help social learning treatment
model used for clients with problems of drug abuse and other behavioral problems such as alcoholism,
stealing, and other anti-social tendencies. As a treatment model, it includes four (4) categories, namely,
behavior management, intellectual/spiritual aspect, emotional and social aspects, and
vocational/survival aspects. In this regard, the Therapeutic Community Modality provides a well-defined
structure for a synchronized and focused implementation of the various intervention
strategies/activities undertaken by the Agency such as:

1. Individual and group counseling

The success of the Therapeutic Community treatment model is also anchored on the
implementation of restorative justice. To highlight the principles of restorative justice, offenders are
recognized to indemnify victims and render community services to facilitate the healing of the broken
relationship caused by offending the concerned parties. Mediation and conferencing are also utilized in
special cases to mend and/or restore clients’ relationship with their victim and the community.

D. Solution

The Therapeutic Community treatment modality, Restorative Justice paradigm and deployment
of VPAs integrated into one rehabilitation program have yielded tremendous outcome in the
rehabilitation and reformation of probationers, parolees, pardonees, and first-time minor drug
offenders. In order for the rehabilitation program to be successful, the background of the probationer
should be disclosed only to the proper higher authority in order to avoid discretion from other people in
the community.

E. Recommendation

The following are the recommendations that I would like to propose:

1. Enact alternatives to arrest, incarceration, and supervision - Research has consistently shown
that supervision is not effective for individuals with a low risk of reoffending and can even
increase that risk.4 Additionally, probation and parole may be overly punitive for people who
commit minor offenses. The council recommends using alternative sanctions, including
community service for people convicted of low-level offenses such as traffic violations and minor
drug crimes.

2. Develop individualized conditions for payment of legal financial obligations. People are often
ordered to pay fines, fees, and restitution as part of a criminal sentence. And many supervision
agencies require the people they supervise to pay for drug testing, electronic monitoring, and
other programs and conditions. Although these financial obligations can help enforce
accountability and mitigate victims’ losses, they also impose economic burdens that can hinder
supervision success.7 The council provided guidance to help agencies better manage the
imposition and collection of fines and fees and recommended that states, agencies, and
departments take steps to mitigate the harms associated with these costs to help people
successfully complete supervision.

3. Support community supervision agencies. Meaningful and lasting reform will require upfront
investments. States must ensure that agencies are equipped with the resources they need to
 implement evidence-based practices while supporting the work of probation and parole officers
to enhance successful supervision completion.

F. References

1. https://www.ncbi.nlm.nih.gov/books/NBK64141/

2. Jonathan Peterson, Anita Lee, https://lao.ca.gov/Publications/Report/3720

3. DR. MANUEL G. CO, CESO I, http://164.115.41.115/dopintra/index.php/2016-12-27-02-14-19/334-