A critical analysis of P.D. No. 968 otherwise known as the “Probation Law of 1976”: Its implication and role in restorative justice

Abstract

The Presidential Decree No. 968, otherwise known as the Probation Law of 1976 was enacted on July 24, 1976 by President Ferdinand E. Marcos. This law was upon the promulgation of this law, hailed by criminal justice experts and practitioners as a significant milestone in the treatment of offenders in these contemporary times. Probation as a science and an art in dealing with certain types of offenders, has exemplified compassionate and restorative justice with the context of social reforms, thus earning the tag as “pristine jewel in the crown of criminal justice system”. Furthermore, the confinement of all offenders in prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country and there is a need to provide a less costly alternative to the imprisonment of offenders who are likely to respond to individualized, community-based treatment programs as to give the light offenders a chance to reform and at the same time a chance to be reintegrated to the society without being discriminated for their previous offense. The provisions of PD No. 968 were drafted in consideration of the government’s program to further integrate the concept of Restorative Justice in the Philippine Judicial System, therefore this law is to be construed liberally as to prevent the rise of criminality and recidivism.