CHAPTER I

THE PROBLEM AND ITS SCOPE

INTRODUCTION

Rationale

The Philippine Government has organized and established institutions

which serve to maintain peace and order. These institutions are responsible for

preventing crimes, enforcement of laws, and apprehension and prosecution of

those who violate the law. If the courts of law find them guilty of committing a

crime, they shall be confined in order for those people to be rehabilitated and to

be reintegrated into the community as law abiding citizens.

These institutions organized by the Government have incorporated

themselves in order to establish a Criminal Justice System. This system is

composed of the Law Enforcement, Prosecution, Court, Corrections and the

Mobilized Community. Law Enforcement effects the arrest of those people who

violated the law. The Prosecution considers the background to determine

whether the person arrested for violating a law should be prosecuted. The Court

is the cornerstone of the system wherein it determines whether the person

charged with a criminal offence is guilty or not.

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 When the courts of law find an individual guilty of violating the law, a

sentence shall be imposed upon him, not to change the crimanalʼs attitude, but

as a penalty. When a person has been proven guilty beyond reasonable doubt,

he or she must be placed in confinement for the protection of the criminal and

for the communityʼs welfare. Criminals are considered prisoners while they serve

their sentences imposed by the court for transgressing the law.

Before a convict can enter a penal institution, the convict must first

undergo admission and classification procedures. The operating manual of the

Bureau of Corrections mandates the submission of the following documents:

(1)Commitment Order from the Court or Mittimus; (2)Court Decision of the Case;

(3)Information filed by the City/Provincial Prosecutor;(4)Certificate of Detention,

if any, from the City, Provincial and/or Municipal Jail where the prisoner was

previously detained.

A drug rehabilitation center is a treatment center where the drug addicts

are treated to put them back to the mainstream society. A drug addiction

treatment center is a must for every drug addict; one does not have any option

to it. It is absolutely necessary to follow a drug rehabilitation treatment after the

clinic treatment and it is always recommended by most of the doctors. There are

many centers that offer drugs addiction treatment, but choosing a good and a

professional center is not an easy task. Several drug centers offer a standard and

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a normal treatment program that are meant for every drug addict, whereas,

there are also other centers that offer drug addiction treatment program based

on the individuals and the seriousness of the addiction. These are customized

treatment based upon the different and volatile behavior of the drug addict.

Hence it is important to look into the rehabilitation program in detail before

taking the addict for the treatment.

On the other hand, Penal institution means any institution used to house

or detain a person who is convicted of a crime; or who is in direct or indirect

custody after a lawful arrest. It is an institution where persons are confined for

punishment. Penal institution can be a prison, jail, correction facilities, or any

other detention centers.

Theoretical Background

Incarceration is not meant to be fun, of course. But a combination of strict

sentencing guidelines, budget shortfalls and a punitive philosophy of corrections

has made today's prisons much more unpleasant--and much less likely to

rehabilitate their inhabitants--than in the past. (1:2003)

Until the mid-1970s, rehabilitation was a key part of Prhilippine prison

policy. Prisoners were encouraged to develop occupational skills and to resolve

psychological problems--such as substance abuse or aggression--that might

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interfere with their reintegration into society. Indeed, many inmates received

court sentences that mandated treatment for such problems. Since then,

however, rehabilitation has taken a back seat to a "get tough on crime" approach

that sees punishment as prison's main function, according to Haney. The

approach has created explosive growth in the prison population, while having at

most a modest effect on crime rates. (2:2007)

The Bureau of Corrections literally "Bureau of Prisons", which was the old

name of the agency from 1905 to 1989; abbreviated BuCor) is an agency of

the Department of Justice which is charged with the custody and rehabilitation of

national offenders, who have been sentenced to three years of imprisonment or

more. The agency has its headquarters in the New Bilibid Prison Reservation

in Muntinlupa. (3:2009)

Article II of the 1987 Philippine Constitution specifically provides that the

State values human dignity and guarantees full respect for human rights. This

underscores that all persons are born with human dignity and inherent rights and

that no one loses his dignity and these rights regardless of what he or she may

have done. This policy of the state applies particularly to the treatment of

prisoners and detainees under the correctional system they are in. Thus to

ensure enforcement of this basic human rights policy, the Commission on Human

Rights is mandated to “exercise visitorial powers over jails, prisons and detention

facilities” as stipulated in the Philippine Constitution. Hence, the Commission

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using both national and international standards on the treatment of prisoners

and detainees and in investigating and monitoring the conditions they are in

conducts on regular basis the spot checking of conditions obtaining in the various

correctional institutions/ facilities in the country. (4:2013)

During the past years that the CHR was monitoring conditions in jails and

detention centers, majority of the facilities covered by the visits were found not

fit for human confinement. It was observed and described as unlikely to

rehabilitate, but certain to punish. Although this situation may solicit both

approval and criticism. The inspections made by CHR regional offices revealed

that more than 50% of the jails covered by the visits needed a gargantuan

amount of reconditioning and restoration. The most common problem of

prisoners/detainees was the insufficiency or lack of food provision due to the

delay in release of food allotment and inadequate or unsanitary food preparation.

In certain jails, food expenses were shouldered by police personnel and even

relatives of inmates/detainees. It should be noted that the timeliness in the

release of funds for the purpose’s of the essence to meet this basic need for

survival. Another major problem is the prisoners/detainees’ shelter/living space.

This refers to basic confinement areas where the prisoners live to complete their

term. Their place of confinement has been a perennial problem for the

prisoners/detainees. Inspectors encountered old, dilapidated, and congested

buildings, no longer suited for human existence, defective comfort rooms

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resulting to unsanitary conditions, lack of sleeping paraphernalia and, undersized

cells with poor ventilation and defective water system and even lack of potable

water which is a basic source of life. A high percentage of jails also had poor

lighting or no lighting facilities at all. (5:2016)

Drug Rehab in the Philippines are constantly researching and speaking

with experts in the field, they make a point of knowing the centers that are doing

good work and the therapists that are continually upgrading their skills. They

have visited several of the centers and worked with many of the therapists from

the alcohol and drug rehab Philippines centers. Inpatient Drug and alcohol rehab

is an essential part of a persons long term recovery, there is overwhelming

evidence that a stint in an inpatient rehab followed by long term aftercare gives

an individual their best chance of staying clean and sober for the long term.

The alcohol and drug rehab Philippines centers have many years

experience treating addicts and many of the therapists have been trained at

some of the best centers in the world and are fully up to date on evidence based

treatment models that are used internationally to successfully help people stay

clean and sober during after treatment. When it comes time to clean up there is

a gentler and better way then being incarcerated or locked up in a psychiatric

ward and the professionals at the alcohol and drug rehab philippines centers can

help show you that way. (6:2002)

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 The researchers would like to gather data to comparatively show

which is more effective among convicts. The use of rehabilitation facility as a

measure of restoring back convicts mental, emotionally and physical well being

rather than brining the convict into a facility of remorse and penalty which is a

penal establishment.

Implementation of the Rehabilitation Level of Effectiveness of Penal Institution

Program as to among Drug Related as Alternative to Rehabilitation
Convicts
o Effective Implementation of
Demographic Profile of Convicts of Drug the Penal Colony or
Cases Imprisonment
o Satisfaction of Convicts
o Age o Compliance Provisions set
o Gender
forth under the Law
o Educational Attainment
o Duration of Sentence

Figure 1
Theoretical Framework

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Legal Basis

The study is founded on Executive Order No. 273 “Transferring the

Operation of the Government’s Drug Treatment and Rehabilitation Centers and

Program Nationwide to the Department of Health”

In line with the priority concern of the current Administration to remove

the scourge of dangerous drugs in the country, the 12th Congress enacted and

the President signed into law Republic Act (R.A.) 9165, also known as the

Comprehensive Dangerous Act 2002, reputed to the one of the strictest laws

against dangerous drug abuse in Asia. R.A. 9165 mandates that the existing

treatment and rehabilitation center for drug dependents operated and

maintained by the National Bureau of Investigation (NBI) and Philippine National

Police (PNP) shall be operated, maintained and managed by the DOH in

coordination with other concerned agencies.

Republic Act No. 10575, An Act Strengthening the Bureau of Corrections (bucor)

and Providing Funds Therefor. Section 2. Declaration of Policy. – It is the policy

of the State to promote the general welfare and safeguard the basic rights of

every prisoner incarcerated in our national penitentiary. It also recognizes the

responsibility of the State to strengthen government capability aimed towards

the institutionalization of highly efficient and competent correctional services.

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Towards this end, the State shall provide for the modernization,

professionalization and restructuring of the Bureau of Corrections (BuCor) by

upgrading its facilities, increasing the number of its personnel, upgrading the

level of qualifications of their personnel and standardizing their base pay,

retirement and other benefits, making it at par with that of the Bureau of Jail

Management and Penology (BJMP).

Related Literature

According to the World Drug Report, approximately 200 million people,

about 5% of the World’s population aged between 15 and 64 years have either

been forced or voluntarily sought the help of rehabilitation centers for behavioral

modifications. These rehabilitation centers over the years have admitted drug

addicts into their rehabilitation programs meant to bring about behavior change

among the rehabilitees. However, little is known about the effectiveness of drug

rehabilitation programs on behavior modification of drug addicts in rehabilitation

centers in Kisii County and its environs. Subsequently, no one has established

whether the existing rehabilitation programs put in place to help the drug addicts

are functional. The study employed the cross sectional design as a method of

data collection. The study population was the staff and the rehabilitees of

purposively sampled ten rehabilitation centers in Kisii County and its environs. A

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pre-test was carried out in three randomly selected rehabilitation centers which

were not to be part of the final study group.

Related Studies

The use of drugs has been around since time immemorial. People have

used drugs for various purposes depending on culture and activities at hand. At

most drugs have been known to bring euphoric feelings that change moods of

people to pleasurable feelings especially in social celebrations and when people

are operating under tension. Because of their ability to relief tension many

people use drugs and with the stressful life associated with challenges in

contemporary society the number has been on the increase. Hence initiating the

use of drugs is always associated with the benefits that it brings to the users.

Drug abuse and addiction are a threat to the survival of the society.

Therefore the increasing rate of drug problem in the society is a concern to all

people. Through rehabilitation programs, people who are addicted to drugs can

be assisted to change their behavior. However, it is only effective programs that

can bring about behavior change. Understanding the effectiveness of the

rehabilitation programs used could be achieved through an empirical study in

which the strengths and the weakness are identified and analyzed. This can be

able to inform the service providers on areas that need to be improved to

enhance their ability in bringing about behavior change.

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 Comparative Study on the Effectiveness of
Rehabilitation Center and Penal Institution: A
Proposed Measures for Improvement

Effectiveness of
Effectiveness Penal Institution
Rehabilitation Center

Demographic Profile Comparative Study

Age Compliance of
Gender
Provisions set forth
Educational
by the Court
Attainment
Monitoring and
Service of
Recommendations
Sentence

Figure 2
Conceptual Framework

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 THE PROBLEM

Statement of the Problem

This study aims to answer the following questions:

1. What is the level of compliance of Judges and Prosecutors in the

implementation of Probation Law on Drug Cases:

a. Procedure in filing for the availment of Probation Law
b. Jurisdiction of courts to grant Probation
2. What is the level of effectiveness if accused granted probation?

3. What is the level of efficiency of Probation Law after promulgation of

judgment to convicts and level of awareness among convicts that said law

is available?

Null Hypothesis

The researchers would like to prove that there is no collateral degree of

relationship between the demographic profile of convicts between the effective

implementation of the Probation Law.

There is no relationship between the law on Probation and the

Implementation and observance of Judges and Prosecutors in court on the

Probation Law.

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Significance of the Study

The researchers undertook this study for the benefit of the

recipients of the Sunshine Home, Cabawan Disrict, Tagbilaran City and Balay sa

Kahayag, Bacalayon, Bohol and for the researchers as well.

To the Recipients of Sunshine Home and Balay sa Kahayag. The

study will be of great help to convicts who shall be free from prison jail pursuant

to the provisions on the law on Probation. Most significantly it is a measure that

will ensure that convicts will undergo a process of reformation in the community

after his probation shall be approved by the court. The community shall be made

aware that for convicts which has been imposed by the court of the penalty of

less than six years, shall enjoy the privilege of the Probation Law.

To the Students/Researchers. Towards the end of the conduct of the

thorough evaluation of the data gathered by the researchers, they will be able to

impart knowledge on convicts on the implementation of the Probation Law. They

will be able to help the community in the implementation of the Probation Law.

The general public must be cautious of the privilege granted by the law as per

provisions of the existing law of the land.

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Scope and Limitation of the Study

The study focused on the recipients of Sunshine Home and Balay sa

Kahayag, Bohol. It specifically concentrated on the effective implementation of

the law on Probation on drug cases after their cases shall attain finality and

sentence shall be promulgated against them.

The following limitations were also considered in the conduct of the study:

reluctance of the respondents to answer the questionnaire due to their busy

work schedule. There was a delay on the retrieval of the questionnaires because

some of the respondents are not in their respective houses. Furthermore, the

researchers also explained earnestly to the respondents the value and

importance of the output of the study and asked them to answer the

questionnaires wholeheartedly. Financial and time constraints were solved

through the help of their

RESEARCH METHODOLOGY

Research Design

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 The study utilized the descriptive normative method with the aid of a self-

made questionnaire prepared by the researchers as the main data gathering tool.

The questionnaire is valuable method in gathering the desired data from the

perceptions of the respondents.

By means of these research instrument consisting of a series of questions

and other prompts information from respondents are easily gathered. Although

they are often designed for statistical analysis of the responses, this is not

always the case.

The researchers by the aid of a questionnaire aimed to determine the level

of awareness of the recipients of the Sunshine Home and Balay sa Kahayag,

Bohol in the implementation of Probation Law on Drug Cases.

The researchers also would like to determine the implementation and

observance of the court on the Probation Law on Drug Cases as allowed under

the rules.

The data that will be gathered shall be subjected to a statistical analysis by

the aid of a statistician who shall interpret the data gathered from a numerical

value to a narrative interpretation which shall be the basis for the researchers in

terms of the assessment of the statement of the problem.

It shall also be the method of how the researchers will be able to precisely

formulate its conclusions and recommendations if necessary. The questionnaire

shall be personally distributed by the researchers unto their respondents who

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shall see to it that the questions in the questionnaire are properly understood

and honestly filled-out by their respondents.

Research Environments and Subjects

The researcher intends to conduct the distribution of questionnaire among

recipients of the Balay sa Kahayag and Sunshine Home, Bohol. The respondents

shall be ask to answer the questions to the best of their knowledge provided

under every number. The research locale is purposely design and made in order

to duly determine the desired data necessary for this study.

This subject which primarily focuses on the implementation of the

Probation Law on Drug Cases which allows the researchers to conduct a

substantial, independent, original research project in a specified area of

environment and sustainability. The project comprises a review of a body of

literature, a review and discussion of methodology and/ or an evaluation of

research or experimental protocols and some original research.

The specific focus of the research project was initiated by the researchers

arising from their keen interests and consultations with other networks and

academic staff with relevant expertise. The study was conducted at Sunshine

Home and Balay sa Kahayag, Bohol as the researchers find it necessary to test

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the level of awareness of the respondents as to implementation on Probation

Law on Drug Cases. It shall take into consideration the respondents capacity to

answer the questionnaire.

Research Instrument

In gathering the basic and necessary informations to conceptualize or

visualize the main purpose of the study, the researcher would like to employ a

Research Questionnaire. This simple method of gathering data will enable the

researchers to completely make its conclusions and recommendations as part of

the purpose why a need to conduct the research.

The questionnaire was formulated in a manner that the respondents could

easily understand and truthfully points out the exact answer to every question.

All items found in the questionnaire were explained and discussed to the

respondents so that they could fully comprehend the questions.

The questionnaire shall serve as the primary means of data gathering as it

would be statistically evaluated to come up with a narrative explanation of the

data. It would like to ensure that the desired answer to each question are

supplied easily such that a question may suggest for an answer either a Yeas or

Nays.

The directions on how to answer the questionnaire must be fully explained

to the respondent to avoid the possible confusion and misinterpretation that

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would eventually result in the failure of the research study. In as much as the

direction was already explained the respondents are encourage to have some

comments in order for the researchers to consider an avenue for change and

growth for both the researcher intellectual capacity and moral values that they

may encountered all throughout the research process.

Data Gathering Procedure

The researchers secured the official permission for the conduct of the

study from the OIC Dean of the College of Criminal Justice, MRS. IVY GUIR-

CALIAO. A letter of request was channelled to the Head of Sunshine Home and

Balay sa Kahayag for the cooperation of the respondents in accomplishing the

questionnaire and was also attached to each questionnaire to ensure fast and

complete return.

The data gathered were collected and tabulated for purposes of analysis

and interpretation and then were subjected to statistical treatment to test the

hypothesis. The findings became the bases for conclusions and recommendations

which include a proposed policy design.

Data Analysis

The interpretation of the data gathered was on percentage basis. In

determining the percentage, the frequency of responses to each item was

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divided by the total of cases and them multiplied by one hundred. The following

formula was used.

P= f X 100

where:

P= Percentage

f= Frequency

n= is the number of respondents

Statistical Treatment

The data gathered through the use of the questionnaire were subjected to

statistical treatment, computation and analysis. The purpose was to determine

the difference of the responses of the two different group of respondents. It was

subjected to a T- test using the formula.

Formula:

T= X 1+ X 2

S1 +S2

N1+ N2

where:

T= T –test

X1= mean of the first group

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X2= mean of the second group

S1= variance of the first group

S2= variance of the second group

N1= number of case of the first group

N2=number of the second group

DEFINITION OF TERMS

To avoid conflict of ideas due to the different connotations of words, the

following terms were defined as used in this study:

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 Probation - Probation is a disposition under which a defendant, after

conviction and sentence is released subject to conditions imposed by the court

and to the supervision of a probation officer. In criminal law is a period of

supervision over an offender, ordered by the court instead of serving time in

prison. In some jurisdictions, the term probation applies only to community

sentences (alternatives to incarceration), such as suspended sentences. In

others, probation also includes supervision of those conditionally released from

prison on parole.

Republic Act No. 10707 - An Act Amending Presidential Decree No. 968,

Otherwise Known as the “Probation Law of 1976”, as Amended. “SEC. 4. Grant

of Probation. — Subject to the provisions of this Decree, the trial court may,

after it shall have convicted and sentenced a defendant for a probationable

penalty and upon application by said defendant within the period for perfecting

an appeal, suspend the execution of the sentence and place the defendant on

probation for such period and upon such terms and conditions as it may deem

best. No application for probation shall be entertained or granted if the

defendant has perfected the appeal from the judgment of conviction: Provided,

That when a judgment of conviction imposing a non-probationable penalty is

appealed or reviewed, and such judgment is modified through the imposition of

a probationable penalty, the defendant shall be allowed to apply for probation

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based on the modified decision before such decision becomes final. The

application for probation based on the modified decision shall be filed in the trial

court where the judgment of conviction imposing a non-probationable penalty

was rendered, or in the trial court where such case has since been re-raffled. In

a case involving several defendants where some have taken further appeal, the

other defendants may apply for probation by submitting a written application and

attaching thereto a certified true copy of the judgment of conviction.

Implementation - In political science, implementation refers to the

carrying out of public policy. Legislatures pass laws that are then carried out

by public servants working in bureaucratic agencies. This process consists of

rule-making, rule-administration and rule-adjudication. Factors impacting

implementation include the legislative intent, the administrative capacity of the

implementing bureaucracy, interest group activity and opposition, and

presidential or executive support. In international relations, implementation

refers to a stage of international treaty-making. It represents the stage when

international provisions are enacted domestically through legislation and

regulation. The implementation stage is different from the ratification of an

international treaty.

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 Effectiveness - is the capability of producing a desired result or the

ability to produce desired output. When something is deemed effective, it means

it has an intended or expected outcome, or produces a deep, vivid impression.

ORGANIZATION OF THE STUDY

This study is composed of only one chapter.

Chapter I, the Problem and Its Scope, contains the introduction, the

rationale, the theoretical background, the theoretical framework, the scope and

limitation of the study, the research methodology which includes the research

design, research environment and subjects, the research instrument, the data

gathering procedure, the statistical treatment and the definition of terms.

BIT INTERNATONAL COLLEGE (BIT-IC)

100 Gallares Street, 6300 Tagbilaran City, Bohol

Research Questionnaire

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 We the 4th year Bachelor of Science in Criminology (BS-Crim) Students, in

partial compliance of the academic requirement hereby conducts these Research

Survey for the Thesis Entitled: “EFFECTIVENESS IN THE IMPLEMENTATION OF

PROBATION LAW FOR DRUG CASES: A PILOT STUDY.

The respondents of the research survey are the recipients of Sunshine

Home and Balay sa Kahayag, Bohol. The questions to every item are made in a

manner that it shall be easily complied with the respondents. Please answer the

survey questionnaire honestly. Thank you.

Place a check mark on the item ( ) of your answer.

Name of Respondent: ________________________ Age: ________

Resident of: _______________________________ Sex: _________

Educational Attainment: ______________________

Present Employment: ________________________

I. Answer the questions truthfully and to the best of your knowledge and

ability to supply what has been asked under every circumstances.

1. Are you aware of the basic rights as accorded by law?

( ) Yes ( ) No
2. How long have you stayed in your barangay?
( ) below 10 years
( ) more than 10 years but below 15 years
( ) 15 years but below 20 years
( ) 20 years but below 30 years

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 ( ) 30 years and above please specify ________
3. As residence of your barangay are you aware that there are ordinances

passed by the Sangguniang Pambarangay?

( ) Yes ( ) No
4. As Filipino Citizen are you aware of your basic human rights?
( ) Yes ( ) No
5. Have you been imprisoned?
( ) Yes ( ) No,
If Yes, please specify the particular case _________________________
6. Have you been convicted of the case above?
( ) Yes ( ) No
If Yes, how long was the sentenced imposed by the court __________.
7. Are you aware of the Law on Probation?
( ) Yes ( ) No
8. How did you know about the Law on Probation?
( ) Newspaper ( ) Barangay Assembly
( ) Media ( ) Police Dissemination/Awareness Program
( ) Radio ( ) Others please specify _______________
9. Did it came to your knowledge that the Law on Probation can only be

availed once?
( ) Yes ( ) No
10. Did you also know that the Law on Probation can only be availed

after accused has been rendered sentence by the court?

( ) Yes ( ) No
11. Did you know that the allowable sentence imposed by the court

must not be more than six (6) years?

( ) Yes ( ) No
12. Do you know of any friends or relative who is involved of drug case

at present?
( ) Yes ( ) No
13. What is the violation committed by that relative or friend involved in

drug case?
( )Violation of Sec. 11, Possession of Dangerous Drugs
( )Violation of Sec. 5, Selling of Illegal Drugs
( )Violation of Sec. 12, Possession of Paraphernalias

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 ( )Violation of Sec. 15, Use of Dangerous Drugs
( )Other violations under R.A. 9165 ________________________
14. Are you aware that drug cases may now avail on the law on

Probation if the sentence imposed is less than six (6) years?

( ) Yes ( ) No
15. Did you know of any friend sentence of violation of RA 9165 and

have availed of the Law on Probation?

( ) Yes ( ) No
16. Are you aware of the Parole and Probation Office?
( ) Yes ( ) No
17. Did you know of any probation officer coming to your locality

because of a neighbour who have availed of the Probation Law?

( ) Yes ( ) No
18. Have you observed any convict serving under the Probation Law to

have rendered community service?

( ) Yes ( ) No
19. Have you considered yourself aware of the law on Probation?
( ) Yes ( ) No
20. On the several laws implemented which is favourable to convicts, did

any of them run contradictory?

( ) Yes ( ) No

BIBLIOGRAPHY

1. www.parprob.com.ph (2010)
2. www.crimereduc.com.ph (2008)
3. http://ilga.gov/legislation/ilcs/fulltext (2017)
4. http://ppbadmin.//ilsc (2016)
5. https://criminal.findlaw.com/criminal-charges/drug-possession-penalties-
and-sentencing.html (2017)

6. http://newsinfo.inquirer.net/987672/sc-issues-guide-to-plea-bargaining-in-
drug-cases#ixzz5IvpxFRyP (2018)

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