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.