PLANTING OF TREES AS ONE OF THE CONDITIONS FOR PROBATION

WHEREAS, the ultimate goal of the
science of penology is to rehabilitate the offender and restore his
relationship to society as useful and law-abiding citizen;

WHEREAS, one of the constructive
means to achieve this goal is to suspend the execution of sentence
imposed upon an offender and place him under probation subject to
certain conditions, such as rendering service to the community;

WHEREAS, the acts of planting and
nurturing a tree, tending a garden, or caring for a marine sanctuary
provide a singular opportunity to reconnect the ties between man and
Nature; and recent studies confirm that this reconnection with Nature is
also a spiritually-restorative exercise, well in line with the goal of
rehabilitating the offender;

WHEREAS, restoring natural systems, such as by planting trees, also leads to greater productivity;

WHEREAS, helping to restore the
Earth’s natural systems is one of the highest forms of community
service, for it is encompassed in the constitutional duty of the State
to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature
(Article II, Section 16, Constitution);

WHEREAS, under Section 10 of the
Probation Law (P.D. No. 968, as amended) on Conditions of Probation, the
court may impose any other condition related to the rehabilitation of
the offender and not duly restrictive of his liberty or incompatible
with his freedom of conscience, and hence, the planting of trees may
validly be required as one of such conditions;

WHEREFORE, trial judges in
territorial jurisdiction where public lands are located or where the
offender involved has a land are hereby directed to include the planting
of trees by the probationer as among the conditions in the grant of
probation under the Probation Law.

For this purpose the Secretary of the Department of
Environment and Natural Resources (DENR) is hereby requested to
coordinate with the Office of the Court Administrator in designating the
public land where probationers may plant trees and in providing the
materials (seedlings, etc.) and the expertise to ensure proper planting
and care of the plants. The Secretary and the Court Administrator shall
issue the appropriate Guidelines in this regard, which shall include a
compilation of a databank of relevant information necessary to monitor
compliance with this specific condition for probation.

The Guidelines shall be submitted to the Court before
31 May 2003; once approved, it can take effect on the first day of July
2003. Nonetheless, even before the approval of the Guidelines trial
judges in places where public lands are located may, with the support of
the local offices of the DENR, impose in probation cases the condition
subject of this Administrative Circular. The present practice of some
judges of imposing such a condition is hereby commended.

This Administrative Circular, whose issuance was
approved by the Court En Bane in A.M. No. 03-03-10-SC, 11 March 2003,
shall take effect upon its issuance.

Issued this 12th day of March 2003.