Philippine Probation Law History

Study Notes

The first Probation Law, Act 4221, was established in 1935, creating a Probation Office under the Department of Justice.
However, the Supreme Court of the Philippines declared the Probation Law unconstitutional in 1937 due to defects in the law's procedural framework, as stated in the case of People vs Vera.
The court ruled that Act 4221 caused undue delegation of legislative power and violation of equal protection of the law.

In 1972, House Bill No. 393 was filed in Congress by Teudolo C. Natividad and Ramon D. Bagatsing to establish a probation system in the Philippines.

RA 10707, the 2015 Probation Law, allows defendants to apply for probation if the judgment of conviction is modified through the imposition of a probationable penalty after appeal or review.
However, no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction, unless the judgment is modified to a probationable penalty.

Reclusion Perpetua is a imprisonment sentence of at least 30 years, making the convict eligible for pardon.
Reclusion temporal is a sentence of 12 years and 1 day to 20 years.
Prison Mayor and temporary disqualification is a sentence of 6 years and 1 day to 12 years.
Prison Correctional, suspension, and destierro is a sentence of 6 months and 1 day to 6 years.
Arresto Mayor is a sentence of 1 month and 1 day to 6 months.
Arresto Menor is a sentence of 1 day to 30 days.

The Board of Pardons and Parole (BPP) is composed of 7 members, all appointed by the President of the Philippines.
The Secretary of Justice acts as the Chairman of BPP, but in practice, an Undersecretary of Justice serves as the Acting Chairman.
The law requires the 6 Board members to include a sociologist, a clergyman, an educator, a lawyer, a penologist, and at least one woman.