Probation for Youth Offenders in the Philippines

Probation for Youth Offenders

• PD 603, also known as the Child and Youth Welfare Code, was enacted in 1974 to suspend sentences of minor offenders aged 9-18 years old and place them in rehabilitation centers or under parental custody.
• The code is supervised by the Department of Social Welfare and Development (DSWD).

Restorative Justice Programs

• RA 9344 introduced programs for Children in Conflict with the Law (CICL) to undergo diversion, intervention, and community-based programs without formal court proceedings.
• These programs aim to reform CICLs who have committed offenses.

Parole

• Parole is the conditional release of a prisoner from a correctional institution after serving the minimum sentence.
• The release is subject to certain conditions, which the parolee must comply with to avoid revocation of parole.

Board of Pardons and Parole

• The Board of Pardons and Parole is the administrative arm of the President of the Philippines.
• The Board exercises the President's constitutional power to grant reprieves, commutations, and pardons, excluding cases of impeachment, after a final judgment of conviction.

History of Probation in the Philippines

• 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.

Development of Probation Laws

• 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.

1976 Probation Law

• PD 968, signed by President Marcos, established the probation law of 1976.

2015 Probation Law

• 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.

This quiz covers the Philippines' laws and regulations regarding probation for youth offenders, including the Child and Youth Welfare Code and restorative justice. It's ideal for those studying social work, law, or criminology.