PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON

PROBATION METHODS AND PROCEDURES

Pursuant to the provisions of Sectlon 19(d) of Presidential Decree (PD)

No. 968 and Section 10 of Republic Act No. 10707, the Department of lustice
hereby adopts and promulgates the following Omnibus Rules on Probation
Methods and Procedures.

I, GENERAL PROVISIONS

SECTION 7, Title, - This Rules shall be known and cited as the

"Omnibus Rules on Probation Methods and Procedures" or simply "Rules"'

SECTION 2. PolicY Obiectives and Declated Purposes. - This Rules

is adopted to carry out the following purposes:

a) to promote the correction and rehabilitation of an offender by providing

him with individualized community-based treatment;

b) to provide an opportunity for his/her reformation and re-integration

into the community; and

c) to prevent the commission of offenses.

SECTION 3, Libenl Constructbn. - This Rules shall be liberallv

construed so as to efficiently and effectively implement and carry out the spirit
and inEflt of the Probation Law, and the pertinent provisions of the
Administrative Code of 7987, and the policy objectives and declared purposes of
this Rules, in line with the well-settled social iustice orientation of the 1987
Constitution.

In the event of doubt or conflict, the spirit and intent of the Probation Law
and this Rules shalt prevail over the letter or literal provisions thereof,
considering that they partake of social legislation and are special laws in nature
and character.

SECTION 4. Definition of Tetms - As used in this Rules, unless the

context provides otherwise, the following terms shall be construed, thus:

a) "Absconding Petitioner" A petitioner whose application for probation

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has been given due course by the proper court who has failed to present
himself/herself to the proper office within seventy two (72) hours from his/her
receipt of the Probation Order or within reasonable time therefrom, and who
cannot be located despite efforts exerted.

b) "Absconding Probationer" - A probauoner who has not reported for

initial supervision wit-hin the seventy tv.ro (72) hours tom receipt of the order
ina7o. ninor" whereabouts could not be found, located or determined
despite
proper Office as an
OuJ Oifiq.n." within five (5) days shall be declared by the
absconding Probationer'

c)''Administration,,_referstotheParoleandProbationAdministmtion.

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 d) "Administrator" the head of the Department of lustice- Parole and
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Probauon Administration and acts as an executive officer of the Administration.

e) "Deputy Administrator" - furmerly known as Assistant Probation

Administrator, who shall assist the Administrator and perform such other duties
as may be assigned by the Administrator,

f) "General Inter-office Referral" a request from one Probation Office to

whether Full- Blown or Partial Couftesy
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InvestigEtion.
another,

g) "Person in authority"
- one v,rho is directly vested with jurisdiction to
execute or enforce the laws.

h) "Petitioner" - a convicted defendant who files an applicauon for

probation.

i) "Probation" - a privilege granted by the State under which a

defendant, after conviction and sentence, is released subiect to @nditions
imposed by Trial Court and to the superyision of a Probation Officer.

j) "Probation Office" refers either to the Provincial or Cty Probauon

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Office directed to conduct investigation or supeMsion refurrals as the case may
be.

k) "Probation Officer" public officer like the Chief Probatlon and Parole
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Officer (CPPO), Supervising Probation and Parole fficer (SPPO), Senior
ProbaUon and Parole Officer (STPPO), Parole and ProbaUon Officer U (PPO[), or
Parole and Probation Officer I (PPOI), who investigEtes for the Trial Court a
referral for probation or supervises a probationer or does both functions and
performs other necessary and related duties and functions as directed' They shall
be considered as persons in authority.

l) "Probation order" - order of the trial court granting probation.

The appearance of the abov*'ment'oned Farole and Probation
Administration (PPA) officials, upon written invitation or order of the Trial Court,
may be on issues on probation services only not on legal questions, the latter
issue being within the province of the courts to decide or resolve.

m) "Probationer" a person who is placed uMer probation, given liberty

conditioned on his/her good- behavior, and which the state, by personal
supervision, assists in his/her rehabilitation program.

n) "Referral" otherwise known as investigation order'

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Yrial Court" refers to the Regional Trial Court (RTC) of the Province
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or City/Municipal Court which has juri#iction over cases'

p) "volunteer Probation Assistant (vPA)" - a person traind and

appoinieO to render various volunteer work and services to the
PPA'

SECiION 5. Amicus Curiae, - Upon written invitation by the Trial

Cogt, ine aarinistrator and/or Deputy Administrator, for the
Agency Level'
iegionai Dir"ctor for the Regional I-bvei, cppo for the city or
Provincial Level

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may appear as amicus curiae on any probation investigation and supervision
issue, concern or matter.

II. APPLICATION FOR. PR,OBATION

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SECTION 6. Who may apply for Pmbation. Offenders who are
convicted by final judgment and sentenced with imprisonment and/or fine with
subsidiary imprisonment, who are not specifically disgualified by law.

SECTION 7. Offenderc disgualiftd. - Probation shall not be

extended to those:

a) Disqualified under the provision of Section 9 of PD No. 968, as

amended:

(i) sentenced to serve a maximum term of imprisonment of

more than six (6) years;

(ii) convicted of any crime against naUonal security;

(iii)who have previously been convicted by final judgment of an

offense punished by imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one thousand pesos
(P1,000,00);

(iv) who have been once on probation under the provisions of

this Decree;

(v) who are already serving sentence at the time the

sr;bstantMe provisions of this Decree became applicable pursuant to
Section 33 hereof;

b) Disqualified under special laws:

(i) Offenders found guilW of any election offense in accordance

with Section 264 of Batas Pambansa Blg. 881 (Omnibus Election Code)

(ii) Offenders found guilty of violating Republic Act No. 5727

(Wage Rationalization Act, as amended)

(iii)
Offenders found guilty of violating Republic Act No. 9165
(Comprehensive Dangerous Act of 20AZ), except Sections L2, 14, t7,
70.

1EqTION 8, Fiting. Application for probation shall be filed with the

Trial Court which has jurisdiction
- over the case'

flECTION g. Time for Filing, - The petitioner shall ftle his/her

application with the Trial Court at any time after conviction and sentence but
within fifteen (15) days from the promulgation of judgment or within the period
of perfecting hislher aPPeal.

ffiionTo.Whenanaccusdwhoappaldmaystillapplyfor
prubation,- when a judgment of conviction impo$ng a non-probationable

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penalty is appealed or reviewed, regardless of the nature of such appeal, and the
judgment is modified by an appellate court through the imposiuon of a lesser
penalty or conviction for a lesser crime which is probationable, the accused shall
be allowed to apply for probation based on the modified decision within fifteen
(15) days from receipt by the accused or counsel of the modified decision.

The application for probation based on the modified decision shall be filed
in the court of origin or in the trial court where such case has been re-raffled.
The Petition for Probation must include a Grtified True Copy of the Modified
Decision of the Appellate Court. Moreover, the Peutioner should inform the
appellate court of its intention to apply for probation by filing a manifestation or
copy furnishing it of its petition to apply probation.

This notwithstanding, the accused shall lose the right to apply for
probation on a modified decision should he/she seek a review of the modified
decision which already imposes a probationable penalty. (As amended by RA
10707)

SECTION 77. Probation of Some Accused Afrer loint Trial and

Conviction - When two (2) or more accused are tried jointly and convicted,
and some have taken further appeal. the other accused who did not file an
appeal may apply for probation by filing a petition for probation within fifteen
(15) days from the promulgation of judgment or notice thermf and attaching
thereto a certified true copy of the judgment of conviction.

The trial court shall act on the petition for probation even after it shall
have forwarded the entire records of the case to the appellate court and despite
the pendency of the appeal of the other accused.

The filing of probaUon of one or more several accused shall make the
decision of the trial court final as to them but not to those who have taken
further appeal.

The decision in the appeal shall not affect those who applied for probation
except insofar as the judgment of the appellate court is favorable and applicable
to the latrer.

SECTION 72, Form. -The application for probation shall be in the form
approved by the Secretary of Justice as recommended by the Administrator or as
may be prescribed by the Supreme Court.

SECTION 73. Notice to the Ptoseuting Officers of the Filing of

the Application. The Trial Court shall notify the concemed Prosecuting
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Officer of the filing of the application at a reasonable time it deems necessary
before the scheduled hearing thereof.

SECTIOI| 74. Comment - The Prosecuting Officer may submit his/her

Comment on the application within ten (10) days from receipt of the notification.

SECTIOiI 75' Refernl to PruFr Probation Office. - If the Trial

Court finds that the application is in due form and the petitioner appears to be
legally qualified for the grant of probation, it shall order the Probation offlce
*ltnm itr jurisdiction to conduct a Post-sentence Investigation (PSI) on the
petitioner.

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 SECTION 76. Docket Rook - All court orders for PSI, copies of which
were received by the Probation Office, shall be numbered consecuuvely in the
order received by said Office and recorded in its Docket Book for the purpose,
indicating therein, among others, the date of receipt thereof, court, its branch
and address, petitioner's name, criminai case number, description/designation of
the offense, penalty imposed and other related data and information.

SECTION 77, EtrecB of Filing and Ree,ipt The Trial Court may,
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upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.

SECTION 78. Bail or reognizance pending resolution of

application, - Pending submission of the Post-Sentence Investigation Report
(PSIR) and the resolution of the petition for probation, the accused may be
allowed temporary libertl under his/her bail filed in the criminal case where he
was convicted.

where no bail was filed or the acused is incapable of filing one, the court
may allow his/her release on recognizance to the custody of a responsible
member of the community who shall guarantee his/her appearance whenever
required by the court.

III. POST.SENTENCE INVESTIGATION (PSI)

SECTION 79. Asignmenf. - After receipt of the referral order from

the Trial Court, the Probation Office concerned shall docket and assign the case
to an Investigating Officer (IO).

SECTION 20. fnidal In@rvied Ac@mplishment of Wot* Sheet/

Waiven-
a) Within five (5) working days from receipt of said reftrral, the CPPo
shall conduct the initial interview of the petitioner.

b) A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA

and/or the Probation Office to secure any and all information on the petitioner,
shall be duly executed and signed by him/her.

During such initial interuiew, the Probation Officer on case or CPPO shall
require the petitioner to accomplish and sign a Post Sentence Investigauon Work
Sheet (PPA Form 1) as well as PPA Form 2. The IO shall conduct further
investigation based on the information contained therein.

c) If the petitioner remains unlocated despite due diligence, one shall

be declared as an absconding petitioner hence a recommendation for denial shall
be submitted to the court for appropriate acuon.

SEC|ION 21, Scvpe and Exfunt of BI - The IO shall conduct a

thorough investigation on the antecedents, mental and physical condition,
characier, socio-economic status and criminal record, if any, of the petitioner and
the institutional and community resources available for his/her rehabilitation.

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 Incase the petitioner has a criminal record(s), such should be verified
with the proper government entity(ies) as to its disposition, resolutlon which
has/have to be properly reflected in the PSIR'

If there is a need to obtain information or clarify conflicting data, refer to

Tit,e IV.

The IO shall assess, identify suitable treatment programs and recommend

appropriate probation conditions to the court.

SECTION 22. Coltatenl fnformation During the conduct of the

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PSI, collateral information must be gathered from those persons who have direct
personal knowledge of the petitioner, offended party family members, and/or
their relatives, including barangay officials and disinterested persons.

SECTION 23. Subsequent inbrviews, - To obtain additional data,

counter check, or clariry discrepancy/ies between the information received ftom
the p€titioner and those secured from other sources, the IO may conduct
subsequent or further interviews on the pehtioner and/ or other persons as
deemed appropriate.

SECTION 24, Absconding Petitioner' - If the petitioner whose

application for probation has been given due course by the proper court but
taiied to present himself/herself to the proper Office within seventy-two (72)
hours from receipt of the Probation order or within reasonable time therefrom,
said Office shali exert diligent efforts to inquire on, and locate petitioner's
whereabouts before it shall report such fact with appropriate recommendation to
the proper court considering the surrounding circumstances of place, date and
time, health condition and other related factors appertaining to petitioner'

IV. GENERAL INTER.OFFICE REFERRAL (GIOR)

SECTION 25, Futt-Blown Courtesy Investigation (FBCI) - A

comprehensive courtesy investigation from another Probatjon Office which
,uqr"rts for a complete PSIR on a petition for probation pending referral
investigation in the Probation Office of origin. It shall take place when upon
initial investigation it is gathered that:

a) Petitioner for probation is a transient offender in the place of

place;
commisiion of the crime and/or a permanent resident of another

He/she spent hislher pre-adolescent and/or adolescent life

b) in the
province or city of origin;

c) He/she attended and/or finished his educauon thereat; and

d) His/her immediate family members, collateral informants or

the inter-family
disinteJsteJ p"*on, and officials who can best authenticate in the
;il;;;h;;; Lpbringins, behavior of the petitioner for probation
place of his/her origin'
cormrnltv i.e iesidints of the

sEcTIoN26.Pa'tia!coa,tesylnv*tigation(Pq).-Allother
probation offce not falling
.ourt"rlv-inr"itigution to ue Lnouaeo 6y anottrei
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within the purview of an FBCI shall be known as Partial courtesy investigation
(PCD.

SECTION 27. Transfer of Refernl Invatigation, - When proper

under the immediately preceding section and warranted under the circumstance,
an FBCI may be brought to the attention of the Trial Court to transfer the
conduct of the referral investigation to the Probation Office of the province 0r
city of origin of petitioner for probation'

SECaON 28. Transfer to the Executive Judge. - In case of the

suitability of the petitioner for probation it shall be recommended in the PSIR by
the Probation Ofhce, that simultaneous w'th the grant of probation, the control
over the petitioner and his/her probation rehabilitation program be transferred to
the Honorable Executive Judge of the Regional Trial court of the Province or city
which has jurisdiction over the place where the petitioner intends to reside,
subject to ihe actual visitation and supervision of the Probation Office of said
province or city.

V. POST-SENTENCE INVESTIGATION REPORT

SECT1ON 29, Purryse The PSIR aims to enable the trial court to
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determine whether or not the ends of justice and primarily the best interest of
the public, as well as that of the petitioner, would be served by the grant or
denial of the application.

SECTIOIV 30. Conlenb - rhe PSIR shall contain the following:

a) circumstances surrounding the crime or offense for which the petitioner

was corwicted and sentenced taken from the petitioner himself/herself, offended
party ard others, who might have knowledge of the commission of the crime or
offense, and pertinent information taken from the police and other law
enforcement agencies, if any, and Trial Court records;

b) details of other criminal records, if any;

c) results of criminal records, if any, whether decided or still pending

furnished by various law enforcement agencies tapped by the Probation Office
for such purpose;

d) results of findings of drug, psychological and clinical tests conducted' if

any;
and
e) personal circumstances, educational, economic and socio-civic data
information about the Petitioner;

0 characteristics of petitioner, employable skills, employment history'

collateral information;

peutioner's financial condition and capacity

9) data and information on the
to pay. his/her civil liability, if any;
FBCI or PCI (See Sec 24
h) result(s) of courtesy investigation whgthgr place
or place of origin of
and 25 of this Rules), lf unv, toni"tJ in the
birth

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petitioner especially if he plans to reside thereat while on probation, if ever
his/her application will be granted;

i) other analogous matters

j) evaluation and analysis of the petitioner's suitability and legal

quaiification for probation and his/her potential for rehabilitation, reform,
development, transformation and re-integration into the community; and

k) recommendation to:

(i) grant the application, including probation period, probation

conditions and probation treatment and supervision plan/program; or

(ii) deny the application.

SECTION 37, Natute of Re@mmendation. --The final

recommendation contained on the last page of the PSIR is persuasive in
character addressed to the sound discretion of the Trial Court considering that
the denial or grant of probation is a judicial function.

SECTION 32, Signatories The PSIR shall as a rule be prepared by

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the IO and approved by the CPPO. Both shall initial each and all the pages
thereof, except the last page on which they shall affix their respective signatures.

SECTION 33. Period b Rerolve the futition for Prcbation - fhe

petition for probation shall be resolved by the Trial Court not later than fifteen
(15) days from the date of its receipt of the PSIR.

VI. PROBATION ORDER

SECITON 34. Naturc of Pmbation; Effect of the Grant of

Prohtioni Nature of Probation Orden -
a) Probation is but a mere privilege and as such, its grant or denial rests
solely upon the sound discretion of the Trial Court. After its grant, it becomes a
statutory right and it shall only be cancelled or revoked for cause and after due
notice and hearing.

b) The grant of probation has the effect of suspending the execution of

sentence. The Trial Court shall order the release of the probationer's bail bond
upon which he/she was allowed temporary liberty or release the custodian from
his/her undertaking.

c) An order placing defendant on probation is not a final judgment but is

placing the
rather an interlocutory judgment in the nature of a condiuonal order
.onui6ua defendant undei tne supervision of the court for his/her reformation,
probation
io oulJro*"0 by a finat judgment of discharge, if the conditions of the
iie iompfieO *ith, o, Oy Rnati judgment of sentence if the conditions are
violated.

SECTION 35. Efffiivity of Probtion Otd* - A

probation order
court shall inform the
shall take effect upon its issuance, at which time.the
offender of the consequence thereat and explain
that upon his/her failure to
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comply with any of the conditions prescribed in .the said order or his/her
iommission of ahother offense, he/she shall serve the penalty imposed for the
offense under which he/she was placed on probation.

Upon receipt of the Probation Order granung probauon the same shall be
entered in a Docket Book for proper recording.

An order of denial as to applicauon for probation shall be docketed as

well.

VII. TERMS AND CONDITIONS OF PROEATION

SECT1ON 36. tiandatoty Conditions - A probation order shall

require the probaUoner:

a) to present himself/herself to the Probation Officer for supervision within

seventy- two (72) hours from receipt of said order; and

b) to report to the assigned SPPO, STPPO, PPOII or PPOI on case at least

once a rnonth during the Period of probation at such time and place as may be
specified by the Probauon Office.

SECTION 37. Other bnditions. - The Probation Order may also

requir€ the probationer, among others, to:

a) Cooperate with his/her program of probation treatment and

suPervision;

b) Meet his/her family responsibilities;

c) Devote himself/herself to a specific employment and not to change

said employment without prior written approval of the CPPO;

d) Undergo medical, psychological, clinical, drug or

psychiatric
examinahons and treatment and enter and remain in a specified institution when
required for that Purpose;

e) Comply with a program of payment of civil liability to the offended

party ;; hislhei heirs, when required by the Trial Court as embodied in its
decision or resolution;

f, fursue a prescribe secular sfudy or vocational training;

9) Attend or reside in a facility established for instruction, recreation or
residence of Persons on Probation;

h) Refrain from visiUng houses of ill-repute;

i) Abstain from drinking intoxicating bevemges to excess;

j) or an authorized social
Permit the Supervising Probation Officer on case
wort<eiio visit his/her home and place of work;

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 k) Reside at premises approved by the Trial Court and not to change
his/her residence without prior written appro\al of said coutt;

l)Pafticipate in tree planting activities in accordance with Memorandum

Cirolar No. 13 s. 2003; and/or

m) Satisfy any other condition related to his/her rehabilitaton into a

useful ciizen which is not unduly restrictive of his/her liberty or incompatible
with his/her freedom of conscience.

Sertion 38. Restiuttion or teparation to the aggrievd parties as

a condition for probation. - Payment for civil liability shall be done using the
following modes:

a) Payment can be given to the Clerk of Court of the Trial Court' who
st6ll hand ovir the sum to the victim with a corresponding receipt as evidence of
acceptarKe by the latter of the full amount indicated in the said receipt. a copy
or rry'tricn should be given by the probationer to the Probation office in order to
monitor such Paymenu or

b) Payment may be deposited by the probationer to the victim's account

where the bankbook is kept at the Probation office to be given to the victim for
his/her proper disposition; or

cj Payment can be effected directly to the victim and the

acknowkdgement receipt (PPA Form No. 11A) shall be filed in the supervision
case file of the probationer at the Probation ffice'

The payment of civil liability to the Probation Officer on case to be

remitted lo the victim is PROHIBITED.

WII. SUPERVISION OF PROBATIONERS

SECqON 39. Putpose. - The primary purposes of probation

supervis'lon are:

a) to ensure the probationer's compliance with the.terms and conditions

specin; in ine prooation order and the prescribed probation treatment and
supervision Program/Plan ;

b) to manage the process of the probauoner's rehabilitation and re-

integration into the community; and

for the probationer's transformation and

c) toProvide guidance
oevelopnent into useful citizen for his/her eventual reintegration to the
rnainstream of society'

SECTION 4O. Commencement of Supervision gervice - For

service shall commence on
t,p"tiiion the day of initial
purposes of these Rules,
fact shall be duly noted in the case
interviev/ or repofting ot a probationet' Such
notes of the client.

SECTION 47. Initial Reqort -

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 a) Upon the probationer's appearance for his/her iniual supervision' the
Supervbing Officer (SO) or CPPO shall:

(i) give instructions to the client using PPA Form 4 in order to

reinforce p-robationer's awareness of the probation conditions specified in
the Probation Order in a language or dialect understood by him/her;

(ii) formulate with the client My Personal Development Plan

(MPDP); and

(iii) carry out other related activiues'

b) Upon receipt of a copy of PPA Form No' 4 and the Probation Order' the
CPPO shall immediately assign the case to an 50'

IntheeventthattheprobaUonerdoesnotreportforinitialsupervision
within seventy- two (72) hours upon receipt of the Probation Order or when
trisJner wfrereaUouts are unknown, the Probation Offtcer shall exert due diligence
'RnO
io frirli,"t and conduct such field inquiry as is necessary within five (5)
days, before considering the fact that the probationer has absconded amountlng
to a violation of a probition condition, requiring the prepardtron and submission
of a Violation Report (PPA Form B) to the Trial Court.

SECTION 42, Oufide Travel, -

a) The SO may authorize a probationer to travel outside his/her area of
operatif,n/territorial jurisdiction for a period of not more than ten (10) days'
However, lf it exceeis 10 days but not more than thirty (30) days, approval of
the CPPO is required. Accordingly, a Request for Outside Travel (PPA Form 7)
with said Office, properly recommended by the SO, should be duly accomplished'

b) If the requested outside travel is for more than thirty (30) days said
request ihall be recommended by the CPPO and submitted to the Trial Couft for
appro\ral.

c) Outside travel for a cumulative duration of more than thirty (30) days
within a period of six (6) months shall be considered as a courtesy supervision'

SECITON 43, Change of Residence: Transfer of Supcttision' -

a) A Probationer may file a Request for Change of Residence (PPA Form
24) with the Probation office, citing the reason(s) therefore. This request shall
be submitted by the cPPo/oIC for the approval of the Trial court'

b) Upon approval, the supervision and conkol-over tlrc probationer shall

jurisdiction
be tran#rred to [he concerned Executive Judge of the RTC, having
urO i*r"f over said probationer, and under the supervision of PmbaUon Office
in the place to which he/she trdnsferred'

Tha'eafter, the Executive Judge of the R€gional Trial Court

to whom
have the jurisdiction and
iurisdiction over the probationer is thnsferred shall possessed bv the court
;#;;ih ;;tpeci [o nim/ner which was previouslv
whidl granted Probation.

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 c) The receiving Probation Office and the receiving couft shall be duly
furnished each with copies of the pertinent Probation Order, PSIR (PPA Form 3),
and other investigation and supervision records by the transferring Probation
ffice.
SECfTOlv 44. Absconding Pmbtioner. -
a) A probationer who has not reported for iniual supervigon within the
prescribed period and/or whose rvhereabouts could not be located or determined
desrrte best diligent eforts within reasonable period of time shall be declared by
the proper Office as an absconding probationer.

b) Thereafter saij Omce strall file with the proper court a Violation Report
(PPA Foim 8). containing its flrndings and recommendation, duly prepared and
Sgned by the SO and approved by the CPPO.

SECTIOI{ 45, Modifiatiott ot Revision of Ptobtion @ndifions -

During the period of probation, the court may, motu propio or ucDn
mortion/manifestation by the CPPO, or bY the probationer, or his/her lawyer,
revise or modify the corditions or period of probaUon. Prior to any modification
or revision, the Court shall notifo all interested parties so as to give them an
opportunity to be heard.

The court shall inform in writing the CPPO and the probationer of any
change in the penod or onditions of probation'

SECfiOlt 46. Etreivitl and Finality of Modifrd or Reuised

Pmbation Order. - ?e Trial Court niay modif, or revise the ProbaUon Order
vrhicfr shall become final and efiective upon its promulgEtion and receipt thereof
W the probationer, unless spedfied otherw're by said Order.

IX. VIOLATION OF PROBATION COilDIIION

SECTION 47, Concept - A probatione/s specific act and/or

omission(s) constitutive of a violation of probation condition(s) set forth in the
original, modified or revised Probation order shall be reported to the Trial court
tafng into account the totalrty of the facts and surrounding circumstances and
all possible areas of consderatbn.

SECTION 48. Fa.t-Endhrg Invstigation - Based on reasonable

cause reported by a reliable informant or on his/her own findings, the SO
.on.ern"OortheCPPOhimsetf/herselfshallconductorrequiretheSOto
i*r.*airt tV condlct a fact-finding in\^estigation on any alleged or reportd-
probation cofldition(s) [o determine the veracity and truthfulness of
""fit"" "i
the allegation.

SECT1ON 49. RWnE Wolatbn of @ndition' After the completion

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prepare a violation report thereon
or m iict-nnamg investi-gation, the so shall
i"r,t i.irg his/he; findir,! and recommendations and submit the same to
the
CPPO for revie\', and approval.

Trial Court a Violation

Thereafter, said Probation Office shall file with the
recommendation' duly prepared
Aeport tppn form 8), containG rts findings and

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and signed by the SO concerned and duly approved by the CPPO for the court's
resolution.

SECTION 5O. Viotation Report, Its ContenE - Signatories and

Submission to Trial Court -

a) The Violation Report shall include, among others, the follotrving:

(i) accurate and complete statement of the facts and surrounding

circumstances, including but not limited to the:

1) nature, character and description of the violation;

2) specific acts and/or omissions constitutive of the violation;

3) place, date and time of commission or omission;

4) statements or affidavits of apprehending officers and

offended Parties; and,

5) other related data and information.

(ii) probationer's response, explanation and clarification duly sworn

to befoie a notary public and other supporting testimonial, documentary
and object evidence; and

(iii) findings, assessment and recommendation of the Probation

Office.

b) The violation Report shall be prepared and slgned by the SO

concerned, and approved and signd by the CPPO.

SECTIOMT. Ancst of Erring Prcfutionen - After having duly

considered the nature and gravity of such reported violation based on the
submittedReport,theTrialCourtmayissueawarrantforthearrestofthe
probationer for serious violation of his/her probation condiuon'

SECTIO\| 52 tiearlng of the Violatia of hobation - Once

the
arrested and detained, the probationer shall immediately be brought before
Trial Court for a summary hearing of the violation charged'

Theprobationershallhavetherighttobeinformedoftheviolation
charged and to adduce evidence in his/her favor'

Thecourtshallnotbeboundbythetechnicalrulesofevidence'butmay
inform itself of all the facts which aie material and relevant
to ascertain the
veracity of the charge.

The probationer may be admifted to bail pending such hearing'

In such
.ar", th;;;;;;t regarding release on bail of personscharged with the crime
under this provision'
oi on"niu'ihurL u" appicaublo probationers arrested

SECTION 53. Disposition: Efrect of Revaation:

Remdy' -
-t

t3
J)
 a) After a serious violation of a probation condition has been established
in the hearing, the Trial Court may order probationer's continuance of probation,
modification of his/her probation conditions or revocation of the probation.

b) If the probation period has been revoked, the Trial Court shall order
the probationer to serve the sentence originally imposed in the judgment of
his/her case for whidt he/she applied for probation.

c) A court order modirying the probation conditions as in Sec' 44 of this

Rules oi revoking probationer's probation shall not be appealable' However, it
may be correctible by certiorari pursuant to the pertin6t provisions of the Rules
of Court.

SECTION 54 Right lo Coun*t. - In the hearing for violation of

probation cmditions, the probationer shall have $e right to counsel of his/her
own choice or to request that a counsel be appcinted if the probationer cannot
obtain counsel.

SECTIOw SS. RePrcsenbtion br ffie Sf,/te For the prosecution of

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violation of probation condition(s), the State shall be represented by the proper
proseGling olficer.

X. EARLY TERMINATION

SECTION 56. Covoage. - The following probationers may be

recommended for the early termination of their prototion period:

aJ Those who are suffering from serious physical andlor mental disability
such as deaf-mute, the lepers, the crippled, the bind, the senile, the bedridden,
and the like;

b) Ttpse who do not need further supervision as evidenced by the

following:

(i)Consistent and religious compliance with all the conditions

irnposed in the order granting probation;

(ii) Posiwe response to the prograns of surervision designed for

their rehabilitation;

(iii) Siqnificant improvements in their social and economic life;

(iv) Absence of any derogatory record while under probation;

(v) Marked improvement in their ouUook in life by becoming

sociallyawareandresponsiblemembersofthefamilyandcommunity;
and
(vi) Significant growth in self€steem, self-discipline and self-
futfillment.
served one-third
Ptovidd, That the probationers involved have already
frl:t ci the imposed period of probation: and (b) monms' that' in no case
provid-d turther'
inatf $e actual supervision period be less than six
I

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h
 c) Those who have:

(i) To travel abroad due to any of the follotting:

(1) An approved overseas job conbact or any other similar

documents;

(2) An approved application for scholarship, observation tour

or study grant for a period not less than six (6) months;

(3) An approved applicauon for immigration; or

(4) An approved application to take the Bar and/or Board

Examinations.

(ii) To render public service:

(1) Having been elected to any public office; or

(Z) Having been appointed to any public office'

Provided, however, That the probationers inrrclved have fulty paid their
civil liabilities, if any. And, that the probationers were not convicH for offenses
involving moral turpitude.

SECTION 57. Procdute. -The following steps shall be observed to

effect the early termination of probation.

a) The SO who exercises direct supervision orer the probationer shall

prepare the motion for early termination addressed to the Court which has
control and supervision over the probationer in accordance with section 12 of the
Probation Law of 1976, as amended. The motion shall bear the apprwal of the
CPPO without prejudice to the lafter taking the initiative for preparing said
motion.

b) Should the motion be approved by the CPPO, the So shall file the same
with the Trial Court within two (2) days after receipt tfiereof'

c) Should the said motion be disapproved, the same shall be filed in the
supervision case file/record of the probationer for future reference'

d) Should the motion be approved by the Trial Court, the procedure for
termination due to successful completion of probatim specified in the Rules shall
apply.

XI. VOLUNTEER PROBATION ASSISTANTS

Volunteer Probauon Assistant (VPA)

SE1TION 58. Qualiftationd -
must be:
aptitude
a) citizens of good repute and probity, who have the willingness'
and caPabilitY to act as VPAS;

b) preferably twenty- five (25) years old and above;

,q
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 c) preferably a resident of the same community as the clienu

d) willing to serve without compensation;

e) capable to prepare reports;

Q no criminal conviction, however, former clients with exemplary behavior

fit to be role models may be considered; and

g) of good health.

SECTaON 59. Functiona The VPA shall perform the following functions:

a) As Direct Supervisor

(i) Supervlse a maximum of five (5) clients at any given time;

(ii) Work closely with fficer-On-Case and CPPO/OiC and discuss

treatment plan and status of cllents;

(iii) Submit monthly accomplishment report to fficer-On-Case or

CPPO/OIC and other reports required; and

(iv) Perform such other tasks as may be assigned by the Officer-

0n-Case or CPPO/OIC.

b) As Resource Individual:

(i) Resource sPeaker;

(ii) Counselor to other clients/people who need help;

(iii) Donor, sponsor, or referral person; and

(iv) Program coordinator of client activities.

c) Mediator, Restoratlve lustice implementor, Therapeutic Community

frcilitator

SECTION 60. Caset@d. VPA5 shall supervise Eighty Percent (80o/o)

-
of the clients. The maximum caseload of each VPA shall be 5 clients (1:5)'

SECTION 61. ApPointment, Term of Offie, -

a) Volunteer Probation Assistants shall be appointed by the Probation
adriniriutor or through the recommenda6on of the Regional Director endorsed
by the CPPO/OIC within their respective areas of jurisdiction'

b) Volunteer Probation Assistants so appointd may hold ofnce during

good be'havior for a term of two (2) years, renewable at the end of each
term as
;il;r*d-, the CPPO/OIC reiommended by the Regional Director to the
Adminisbator.
l
,fr
\,.
t6 ,
 c) The term of office shall commence on the date of his/her appointment.

All appointments before the effectivity of RA 10707 shall be deemed

terminated but eligible for renewal upon the endors€ment of the CPPO/OIC and
recommended by the Regional Director to the Administrator.

SECrTON 62. Cancellation of Appointmenf- Volunteer Probation

Assistants' appointment may be canceiled anytime on the ground of
unsatisfactory performance in the VPA Evaluation System.

Commission of unlawful acts shall also be a ground for cancellation.

SECTION 63, Organization of VPAs - The national organization shall

be properly represented by all regional associations. There shall be one (1)
accredited national organizaUon recognized by the Agency as sole representative
of the national, regional, provincial and city VPA organizations.

SECTTON 6,r, Allowance- VPAS shall not recdve any regular

compensation except for reasonable transportation and meal allowance for
services rendered as VPA in handling supervision cases, as approved by the
Department of Budget and Management.

XII. TERMINATION OF THE PROBATION SUPERVISION CASE

SECTIOIV 65. Grounds. The probation supervision period may be

-
terminated on any of the following grounds:

a) successful completion of probation;

b) probation revocation for cause under Section 49a(i-iii) of these Ru,es;

c) death of the probationer;

d) early termination of probation; or

e) other analogous cause(s) or reason(s) on a case-to-case basis as

recommended by the Probation Office and approved by the Trial Court.

SECmON 66. Termioation Report -The Probation Ofhce shall

submit to the Trial Court a Probation Officer's Final Report (PPA Form 9) five (5)
days before the expiration of the period of probation embodyir€, amonq others,
the following:

a) brief personal circumstances of the probationer;

b) brief criminal circumstances about his/her case (i.e. criminal case

number, court, branch, period of probation, initial and last date of probation);

c) prescribed probatlon treatment and supervision program;

d) probationer's response to the treatment plan/program;

e) recommendation to discharge the probationer from probation, and the

restoration of all his/her civil rights; and

l'.
i,
 f) such other relevant and material facts and information.

SECTI0N 67. Finat Discharga - After expiration of the origlnal or

extended probation period and based on due consideration of the POs final
report, the Trial Court may order the final discharge of the probationer upon
finding that he/she has fulfilled the probation terms and conditions and,
thereupon, the probation supervision case is deemed terminated'

SECTIaN 68. Legal Effec,B of Final Discharye: Termination Orden

(a) Upon satisfactory compliance with the terms and conditions of

probation, the probationer is entitled to a final discharge from probation by the
court. His/her final discharge shall operate to restore all civil and political rights
lost or suspended as a result of conviction, and to totally extinguish his/her
criminal liability as to the offense for which probation was granted.

(b) The probationer and the probation office shall be promptly furnished
with copies of such final discharge or termination order.

XIII. CLOSING OF THE PROBATION CASE

flECTION 69, Reckoning Period. - After actual receipt of the

Termination Order finally discharging the probationer, the Probation Office shall
formalty close the probation case and keep client's case file.

SECTION 70. Mode. Immediately after such closure of the probation

-
case. the corresponding probation records shall be archived, but not after the
proper reporting is done.

XIV. MISCELLANEOUS PROVISIONS

SECTION 77. Forms - All probation forms specified herein shall be

understood to have been contemporaneously prescriH and approved as
integral parts of this Rules, except those properly pertaining to the Supreme
Coufo and lower courts. Subsequent probation forms shall be
prerribed by the
Administration and approved by the secretary of Justice, from time to time as
the need arises.

SECTION 72. Confidentiality of Probtion Recods -The PSIR and

under No' 968' as amended'
tne supervision history of a probationer obtained PD
to anyone other
snirr uE pririreged and shalt not be disctosed dtrecdy or indirecfly
that the
1r_ in" parol-e and probation Administration or the Trial court, except
to
iourt miv, in its sound discretion, permit the probationer or his/her attorneybest
;;; ,'*aforementioned documents or pads thereof whenever
the
probationer makes such disclosure desirable or helpful' Providd'
-goJ".r"nt
interest of the
il;t;";;y office or entity/(ies) engaged in the correction or
copies of said documents for
rehabilitation of offenders ,ry, lf necessi'y, oibtain
itr use from the proper court or Administration'
"ffiii"f
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 SECTIaN 73. Miscellaneous Powerc of Chief Probation and Parole
Officers - The CPPOs shall have the authority within their respective territorial
jurisdictions to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under PD No' 968, as amended, and
this Rules. They shall also have, with respect to probationers under their care,
the powers of a police officer. As such, they shall be considered as persons in
authority.

SECqON 74. Authority b Issue Rul* or Rulings and Administer

Progtrams and Projects. -

a) The Administrator may issue rules or rulings to clarify, interpret or

construe the provisions of this Rules and the Probation Law without the need of
public notice, hearing and publication.

b) The Administration shall:

(i) develop, formulate, implement and administer appropriate

organizational Programs;

(ii) provide educational, technical, financial and calamity assistance

to clients and Personnel;

(iii) offer livelihood and enterprise development;

(iv) generate job placement and employment opportuniues;

(v) undertake surveys and researches related to program

implementation;

(vi) assist in giving amelioration, provident and welfare benefiB;

and other socio-economic development and transformation programs,
projectandactivitiesforprobationers,theirimmediatefamiliesandother
dependents; and

(vii) support associations and communities of its clients and'

whenever applicable, of its personnel.

For this purpose, there is hereby constituted a special fund' known as

"special Probauon fund;' lser; chargeable to the General. Fund annual budgetary
a-friopriations
- of the Adminisfration. The Administrator shall issue the necessary
prii.iri, grid"iines and standard operating orocedyqs (soPs)programs' on the
of
i"r"iorjr".t, formulation, implementation and administration operation and
and on the utilization, disbursement,
"."i".t. ,na activities
;i;;".s.r;t "i- i.iJ fund, subiect to the usual government accounting
regulalions and auditing procedures'

So much budgetary amount as may

SECTION 75, APpropriations -
in.rui;-in it'" unn'ut appropriations of the National
b" io *out efficiently and effectively and
"J;;;;rir-u"
Government for the PPA in oiJ"' foi it
PD No' 968' as amended' the pertinent
Jr..eriirriv irplement the p'o'i'iont of (rotinitt'utMe code or 1ss7) and this
ilil;;;'ti'il".uiru o',i"i'rioligz
Rules.
!,
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 SECTION 76, Repealing Clause, Any or all provisions of existing
-
regulations, orders or issuances inconsistent with or contrary to this Rules are
hereby modified or repealed accordingly.

SECTION 77. k@nbility Clause. If any provision of this Rules is

-
declared invalid or unconstitutional, the provisions hereof not affected by such
declaration shall remain in full force and effect.

SECTION 78. Etrectivity, - This Rules shall take effect immediately

upon publication in a newspaper of general circulation and upon filing of three
(3) certified copies with the U.P, Law Center.

Promulgated in the City of Quezon, MeUo Manila, Philippines this

in the year of Our Lord Two Thousand and Sixteen.

, cEso I, MNSA

Approved:

HON. EM CAPARAS
Secretary
D.partrE.: el llstrc.
Cli i 0A)160537 I

fll|tilrffiillllillil

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