Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY

CRIMINOLOGY DEPARTMENT
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NON-INSTITUTIONAL CORRECTIONS
Course Number: Correctional Administration 2 Instructor: Noime D. Petalino

Course Title: Non-Institutional Corrections Mobile Number: 09395797748

Module No.: 4 Email Address:

[email protected]
Duration:2 weeks

I. LEARNING OUTCOMES

At the end of this lesson, you should be able to:

1. discuss the origin of Probation;
2. categorize the contributions of the Father of Probation; and
3. identify the personalities, important dates, and events of Probation.
II. TOPICS
1. PROBATION
2. PERSONALITIES OF PROBATION
3. IMPORTANT PERSONS AND EVENTS IN THE HISTORY OF PROBATION

III. REFERENCES
Foronda, Mercedes A. Correctional Administration 1 2 nd Edition
Guerrero, Brian B. Community-Based Correction in the Philippines (2018)

IV. COURSE CONTENT

PROBATION

 derived from the Latin verb “probare” which mean to prove or test.
 coined by John Augustus.
 the Law defined as a disposition, under which a convicted individual is released
subject to the conditions imposed by the court and to the supervision of a
probation officer.

Basic Precepts and Concepts on Probation

1. As a system of instruction - the probationer will be placed under the supervision of

probation officer who shall be directly in charge of supervising and monitoring the
progress of the rehabilitation program based on the conditions imposed by the court. Such
control of the court shall be considered continuing in character until such time that the
court orders the discharge from Probation of the convict.
2. Suspended Imposition of Sentence – Probation consists of the conditional suspension
of the execution of the execution of sentence while the convict is placed under supervision
and is given individual guidance and treatment programs.
3. Provisions for Individualize Treatment Program – the basic purpose for Probation is
to provide an individualized treatment program offering a first time or unhardened convict
as and opportunity to be rehabilitated without institutional confinement or imprisonment,
under the guidance of a probation officer and under the continuing power of the court to
impose institutional punishment for his original offense in the event that he abuse such
opportunity, and courts have a wide discretion to accomplish such intent.

Predecessors of Probation

1. Money Compensation – which is a precursor of our use of fines and restitution today,
introduced by the laws of Babylon, Greece, and Rome, for those crimes which did not
affect the safety of the state. Slaves having nothing of value to offer as compensation
received unmitigated cruel punishments.
2. Cities of Refuge – sanctuaries where the accused was safe pending an investigation of
his criminal responsibility, introduced by the Jewish Law for those who killed without
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 premeditation. The Jews also gives some consideration for the individual in lesser
penalties for impulsive offenses than for planned murder.
3. Benefit of the Clergy – seems to be the earliest device for softening brutal severity of
punishment. Dating back to reign of Henry II in the 13 th century, it is originated in a
compromise with the Church which had maintained that a member of the clergy brought
trial by a King’s Court might be claimed from that jurisdiction by the bishop or chaplain
representing him, on the ground that he, the prisoner, was subject to authority of the
ecclesiastic only.

Note: The benefit resulting from this compromise that maintained jurisdiction in the
King’s Court was a greater leniency in sentencing, particularly escapes from the death
penalty.

4. Judicial Reprieve – a temporary withholding of sentence, practiced by the English Court

in the early 17th century, where they grant reprieves to prisoners under sentence of death
on condition that they accept deportation/transportation.
5. Recognizance – the direct ancestor of Probation, means “binding over good behavior.” In
the 14th century, an ancient practice also developed in England originated as a measure
of preventive justice, involving an obligation or promise, sworn to under court order by a
person not yet convicted.

Note: Sureties or bail were usually required and the person who stood surety had the
power and the duty to enforce the conditions and return the offender to court if he
committed an offense during the specified period or failed to comply with other conditions
of his release.

Evolution of Probation

 Harsh punishments were imposed on adults and children alike for offenses that were not
always of a serious nature during the Middle ages. Sentences such as branding, flogging,
mutilation, and execution were common. During the time of King Henry VIII., for instance,
in 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,
to mitigate this inhumane punishment, a variety of measures were devised and adopted.

 Royal pardons could be purchased by the accused;

 activist judges could refrain from applying statuses or opt for a lenient
interpretation of them;
 stolen property could be devalued by the court so that offenders could be
charged with 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.
 In the United States, particularly in Massachusetts, different practices were being
developed. “Security for good behavior,” also known as “good aberrance,” filing was also
practiced in cases that did not demand an immediate sentence. Using unreasonable
mandatory penalties, judges often granted a motion to quash based ipon minor
technicalities or errors in the proceedings. Although these Americans practices were
precursors to Probation, it is the early use of recognizance and suspended sentence that
are directly related to modern Probation.

Pioneers in the field of Probation

Two main individuals closely associated for the

establishment of Probation

1. Matthew Davenport Hill, an 18th century English barrister

and judge; and
2. John Augustus, a 19th century Boston boot-maker.

Matthew Davenport Hill (1792-1872)

 English lawyer and penologist

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  Born on August 6 1792, at Birmingham
 As a young professional in England, Hill has witnessed the sentencing of youthful offenders
to one-day terms, on the condition that they will be returned to a parent or guardian who
would closely supervise them.
 When he eventually became the Recorder of Birmingham, a judicial post, he used a
familiar practice for individuals who did not seem hopelessly corrupt. If offenders
demonstrated a promise for rehabilitation, they were placed in the hands of generous
guardians who willingly took charge of them.
 Hill had police officers pay periodic visits to these guardians to track the
offender’s progress and keep running account.

John Augustus (1785-1859)

 Father of Probation
 Augustus was born in Woburn, Massachusetts in 1785.
 Recognized as the first true probation officer.
 By 1829, he was a permanent resident of Boston and
the owner of successful boot-making business.
 It was undoubtedly his membership in the Washington Total
Abstinence Society that led him to Boston courts.
Washingtonians abstained from alcohol themselves and
were convinced that abusers of alcohol could be
rehabilitated through understanding, kindness, and
sustained moral persuasion, rather than through conviction
and jail sentences.
 In 1841, John Augustus attended police court 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.
 Augustus thus began an 18-year career as a volunteer probation officer. Not all of
the offenders helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating whether a
candidate would likely prove to be a successful subject for Probation. The
offender’s character, age, and the people, places, and things apt to influence him or her
were all considered.
 Augustus was subsequently credited with founding the investigations process, one
of three main concepts of modern Probation, the other two being intake and
supervision. Augustus, who kept detailed notes on his activities, was also the first
to apply the term “probation” to his method of treating offenders.
 By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly,
only ten of this number forfeited their bond, a remarkable accomplishment when
measured against any standard. His reformer’s zeal and dogged persistence won him the
opposition of certain segments of Boston society as well as the devotion and aid of many
Boston philanthropists and organizations.
 The first probation statute, enacted in Massachusetts after his death in 1859,
was widely attributed to his efforts.
 Following the passage of the first statute, Probation spread gradually throughout the
United States. The juvenile court movement contributed greatly to the development of
Probation as a legally recognized method of dealing with offenders. The first juvenile court
was established in Chicago in 1899. Formalization of the intake process is credited to the
founders of the Illinois juvenile court. Soon after, thirty states introduced Probation as a
part of the juvenile court procedure. Today, all states offer both juvenile and adult
probation.

OTHER IMPORTANT PERSONS AND EVENTS IN THE HISTORY OF PROBATION

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 1. Governor Alexander H. Rice (1818-1895)
 30th Governor of Massachusetts
 He signed the first probation law that was passed by the legislature of
Massachusetts on April 26, 1878. The Law provided for the appointment
and prescribed the duties of a salaried probation officer for the courts of
Suffolk Country.
Note: The first practical demonstration of Probation, the first use of term as a
court service, and enactment of the first probation law occurred in
Massachusetts.

2. Edward H. Savage – an ex-chief of Police Boston named as the first probation officer.

3. Gardner Tuffs (1880) – Director of Massachusetts Board of State Charities and

Corrections, reported in an address that the result of Probation in cases of juvenile
offenders proved so decisively good that the legislature of the present year, a statute was
enacted permitting the appointment of a probation officer for adult offenders in every city
and town in the state.

4. Vermont Act of 1898 - second Law on probation law in the history was enacted in
Vermont. Many features of the Massachusetts law were incorporated with several
innovations. Vermont was the first to adopt the county plan. Each county court was
required to appoint a probation officer whose duty was to make investigation of accused
persons at the request of any court. They are authorized to recommend that such
persons, if convicted, be placed on Probation.
 All courts were permitted to use Probation in any case regardless of age or offense,
after conviction and imposition of sentence, for such time and upon such conditions
as it may prescribe. Thus, Vermont unlike Massachusetts provided for Probation
only after suspension of sentence.
 An important provision was added that the compensation of each probation officer
shall be determined by the court that appointed him and shall be paid from the
state treasury on vouchers approved by the said court. A usually liberal provision,
quite the opposite of the requirement in Massachusetts and other states that the
probationers must pay trial costs, permitted the officer to spend for their temporary
support and travelling expenses. Such reasonable sum as the court may deem
expedient to be repaid to the officer out of the state treasury on vouchers approved
by the court.

5. 1899, Rhode Island – the third state that passed the probation law. A completely state-
administered system appeared first in Rhode Island. The Act of 1899 empowered the
Board of State Charities and Corrections to appoint a state probation officer and
additional probation officers. “at least one of whom be a woman”, to serve all courts in
the state. The courts were authorized at any time before sentence to provisionally place
any offender, juvenile or adult, who can lawfully admit to bail, except persons charged
with treason, murder, robbery, rape, arson, or burglary, under the control and supervision
of a probation officer.

6. New Jersey – the fourth state to pass a general probation law after the New England
model in 1900.

7. New York – the fifth to provide for adult probation.

8. 1900 – soon after his appointment as secretary of the Prison Association of New York,
Sammuel June Barrows began to campaign for a probation law. His interest stemmed
from his work in Boston where he had seen the effect of probation law.
 A Unitarian minister and editor of the Christian Register, he became in 1889, one of
the founders of the Massachusetts Prison Association, which took an active part in
extending Probation in that state. A practical humanitarian, he thought it a great
pity to send so many persons found guilty of crime to prison.

Note: The British Probation of First offender Act of 1887 and Missouri Parole/Probation Law of
1897 are not considered as probation laws. The reason for this is that the no provision in the
above stated laws that provides for supervision of offenders upon their release for the said
privileges.

9. Calvin Coolidge – United States of America President who signed the Federal Probation
Act which is effective on March 4, 1925.
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 10. John Marshall - US Chief Justice who used his discretion in modifying the
prescribed penalties and gradually developed more humane methods of dealing with
violators of Law.

HISTORY OF PROBATION IN THE PHILIPPINES

1. 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.

2. 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 laws of procedural frameworks.

3. Teodulo Natividad – Father of Probation in the

Philippines.

4. In 1972, House Bill No. 393 was filed in Congress by

the Congressman Teodulo Natividad (considered as the
father of Probation in the Philippines) of Bulacan , which
would establish a probation system in the
Philippines. This bill avoided the objectionable features of
Act 4221 that struck down the 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.

5. In 1975, 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 behavioral scientist and practitioners
sponsored by the National Police Commission and the University of the Philippines Law
Center. The group overwhelmingly endorsed the establishment of an Adult Probation
System in the Country.

6. On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation
Law of 1976, was signed into Law by the late President Ferdinand E. Marcos.
7. The start-up 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 be trainers for the
newly recruited probation officers.
8. The probation system started to operate on January 3, 1978. As more probation
officers were recruited and trained, more field officers were opened.

*End of Module 4

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 V. ACTIVITY/EXERCISE
Name: ________________________________________________________Year/Section:_______
Instructor: KARLA JOY A. ARDILLO _______
Subject: Non-Institutional Corrections Module No.4

Submit this activity in a hardcopy format or submit via the submission link posted on our
virtual platform.
Discuss the following in 3 to 5 sentences.

1. Origin of Probation in the Philippines

2. Give the contributions of John Augustus that made him the FATHER OF PROBATION.

3. Discuss the start-up of the probation system in the Philippines before it began to operate
on January 3, 1978.

VI. ASSESSMENT/EVALUATION
Identification. Read and understand the statements/questions below. Write your answers in the
space provided. Submit this activity in a hardcopy format or submit via the submission link
posted on our virtual platform.

______________1. It is known as the direct ancestor of Probation, this term means “binding over for
good behavior.” An ancient practice developed in England in the 14th century, originated as a
measure of preventive justice, involving an obligation or promise, sworn to under court order by
a person not yet convicted.

______________2. The Philippine Probation System started to operate only on this date.

______________3. On this date, the Supreme Court of the Philippines declared the Probation Law or
Act No. 4221 unconstitutional because of some defects in the laws procedural framework.

______________4. He is the person in history who signed the first probation law that was passed by
the legislature of Massachusetts on April 26, 1878. The Law provided for the appointment and
prescribed the duties of a salaried probation officer.

______________5. He is subsequently credited with founding the investigation process, one of

three main concepts of modern Probation, the other two being intake and supervision. He kept
detailed notes on his activities and was also the first to apply the term “probation” to his treating
offenders.

______________6. An ex-chief of Boston Police named as the first probation officer in the history of
Probation.

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______________7. Aside from the British Probation of First Offender Act of 1887, it is another law
that is not considered a probation statute because no provision in the above-stated laws
provides for supervision of offenders upon their release for the said privileges.\

______________8. 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
how many selected groups of jurists, penologist, civic leaders, social and behavioral scientists
and practitioners?

______________9. The date when Presidential decree No. 968, also known as Adult Probation Law
of 1976, that was signed into Law by the President of the Philippines.

______________10. The first practical demonstration of Probation, the first use of term as a court
service, and enactment of the first probation law occurred in what state of the United State of
America?

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