PROBATION LAW

PD 968 as amended by RA 10707

Definition of Terms
• “Absconding Petitioner” — A petitioner whose application for
probation 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.
• “Absconding Probationer” — A probationer who has not
reported for initial supervision within the seventy two (72) hours
from receipt of the order and/or whose whereabouts could not
be found, located or determined despite due diligence within
2016 Board Question
1. Parole came from the French word meaning paroule  which
means?

a. Word of honor
b. Walk with faith
c. Win as one
c. Testing period
 Definition of Terms
• “General Inter-Office Referral” — a request from one Probation Office to
another, whether Full- Blown or Partial Courtesy Investigation.

• "Petitioner" — a convicted defendant who files an application for

probation.

• "Probation" — a privilege granted by the State under which a defendant,

after conviction and sentence, is released subject to conditions imposed by
Trial Court and to the supervision of a Probation Officer.
 
• "Probation Office" — refers either to the Provincial or City Probation Office
directed to conduct investigation or supervision referrals as the case may
be.
Definition of Terms
• Probation Officer" — public officer like the Chief Probation and
Parole Officer (CPPO), Supervising Probation and Parole Officer
(SPPO), Senior Probation and Parole Officer (SrPPO), Parole and
Probation Officer II (PPOII), or Parole and Probation Officer I
(PPOI), who investigates 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.

• "Probation Order" — order of the trial court granting probation.

 Application for Probation
• SECTION 6. Who may apply for Probation. – Offenders who are
convicted by final judgment and sentenced with imprisonment
and/or fine with subsidiary imprisonment, who are not specifically
disqualified by law.
Lilia Licoy Vs. People of the Philippines
Facts: Petitioner was adjudged guilty for Resistance to Authority. She
filed an application for probation on August 24, 1995 but withdrew
the same on September 18, 1995 and filed a Notice of Appeal
instead.
MTCC of Tagbiliran granted the withdrawal of her application for
probation but denied her appeal for being filed out of time.

Issue: Whether or not the denial of her appeal was proper.

DECISION

• Yes. Petitioner’s action questioning the denial of her appeal would

fail. There was no more opportunity for petitioner to file an appeal

after the judgement having become final by the filing of the

application for probation.

 SECTION 7. Offenders Disqualified.
• sentenced to serve a maximum term of imprisonment of more than six (6) years;

• convicted of any crime against national security;

 
• 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);
 
• who have been once on probation under the provisions of this Decree;
 
• who are already serving sentence at the time the substantive provisions of this
Decree became applicable.
SECTION 7. Offenders Disqualified.
• Offenders found guilty of any election offense in accordance with Section
264 of Batas Pambansa Blg. 881 (Omnibus Election Code)

• Offenders found guilty of violating Republic Act No. 6727 (Wage

Rationalization Act, as amended)

*Offenders found guilty of violating Republic Act No. 9165

SECTION 8. Filing
• Application for probation shall be filed with the Trial Court
which has jurisdiction over the case.

• The petitioner shall file 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 his/her appeal.
 Sec. 10 When an accused who appealed
may still apply for probation

• When a judgment of conviction imposing a non-probationable penalty

is appealed or reviewed and the judgment is modified by an appellate
court through the imposition 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.
 Sec. 10 When an accused who appealed
may still apply for probation

• 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 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.
SECTION 11. Probation of Some Accused
After Joint 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.

• The filing of probation 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.
SECTION 15. Referral to Proper 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 Office
within its jurisdiction to conduct a Post- Sentence
Investigation (PSI) on the petitioner.
SECTION 17. Effects of Filing and Receipt
• The Trial Court may, upon receipt of the application filed,
suspend the execution of the sentence imposed in the
judgment.
SECTION 18. Bail or recognizance 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 liberty under his/her
bail filed in the criminal case where he was convicted.

• Where no bail was filed or the accused 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.
 POST-SENTENCE INVESTIGATION (PSI)
SECTION 20. Initial Interview/Accomplishment of Work Sheet/
Waiver.

• Within five (5) working days from receipt of said referral, the CPPO
shall conduct the initial interview of the petitioner.

• A Waiver-Cum-Authorization, 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.
 POST-SENTENCE INVESTIGATION (PSI)

• 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 action.
SECTION 21. Scope and Extent of PSI
• The IO shall conduct a thorough investigation on the antecedents,
mental and physical condition, character, socio-economic status
and criminal record, if any, of the petitioner and the institutional
and community resources available for his/her rehabilitation.

• In case the petitioner has a criminal record(s), such should be

verified with the proper government entity(ies) as to its
disposition, resolution which has/have to be properly reflected in
the PSIR.
SECTION 22. Collateral Information
• During the conduct of the 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 24. Absconding Petitioner
• If the petitioner whose application for probation has been
given due course by the proper court but failed 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 shall exert diligent
efforts to inquire on, and locate petitioner’s whereabouts.
GENERAL INTER-OFFICE REFERRAL (GIOR)
SECTION 25. Full-Blown Courtesy Investigation (FBCI) — A comprehensive courtesy
investigation from another Probation Office which requests 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:

• Petitioner for probation is a transient offender in the place of commission of the crime
and/or a permanent resident of another place;

• He/she spent his/her pre-adolescent and/or adolescent life in the province or city of
origin;

• He/she attended and/or finished his education thereat; and

• His/her immediate family members, collateral informants or disinterested persons and

officials who can best authenticate the inter-family relationship, upbringing, behavior of
the petitioner for probation in the community are residents of the place of his/her origin.
SECTION 26. Partial Courtesy
Investigation (PCI)
• All other courtesy investigation to be conducted by another
probation office not falling within the purview of an FBCI shall be
known as Partial Courtesy Investigation (PCI).
SECTION 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 Office, that
simultaneous with 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 the actual
visitation and supervision of the Probation Office of said province or
city.
 POST-SENTENCE INVESTIGATION REPORT

SECTION 29. Purpose — The PSIR aims to enable the

trial court to 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.
SECTION 30. Contents — The PSIR shall
contain the following:
• Circumstances surrounding the crime or offense for which the petitioner
was convicted and sentenced taken from the petitioner himself/herself,
offended party and 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;

• Details of other criminal records, if any;

• 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;
SECTION 30. Contents — The PSIR shall
contain the following:
• Results of findings of drug, psychological and clinical tests conducted,
if any;

• Personal circumstances, educational, economic and socio-civic data

and information about the petitioner;
• Characteristics of petitioner, employable skills, employment history,
collateral information;

• Data and information on the petitioner's financial condition and

capacity to pay, his/her civil liability, if any;
SECTION 30. Contents — The PSIR shall
contain the following:
• Evaluation and analysis of the petitioner's suitability and
legal qualification for probation and his/her potential for
rehabilitation, reform, development, transformation and
re- integration into the community; and
SECTION 30. Contents — The PSIR shall
contain the following:
Recommendation to:

• GRANT the application, including probation period, probation

conditions and probation treatment and supervision
plan/program; or

• DENY the application.

 
SECTION 31. Nature of Recommendation
• 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 33 .Period to Resolve the Petition
for Probation
• The 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.
 PROBATION ORDER
SECTION 34. Nature of Probation; Effect of the Grant of Probation;
Nature of Probation Order. —

• 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.
 
• 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.
SECTION 34. Nature of Probation; Effect of the Grant of Probation; Nature of Probation Order. —

• An order placing defendant on probation is not a final judgment

but is rather a conditional order placing the convicted defendant
under the supervision of the court for his/her reformation, to be
followed by a final judgment of discharge, if the conditions of the
probation are complied with, or by a final judgment of sentence if
the conditions are violated.
SECTION 35. Effectivity of Probation
Order.
• A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequence thereat and
explain that upon his/her failure to comply with any of the
conditions prescribed in the said order or his/her commission of
another offense, he/she shall serve the penalty imposed for the
offense under which he/she was placed on probation.
TERMS AND CONDITIONS OF PROBATION

• SECTION 36. Mandatory Conditions. — A probation order shall

require the probationer:

• To present himself/herself to the Probation Officer for supervision

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

• To report to the assigned officer on case at least once a month

during the period of probation at such time and place as may be
specified by the Probation Office.
Discretionary Conditions
• Discretionary conditions are those additional conditions imposed on the
probationer which are geared towards his correction and rehabilitation
outside of prison and in the community to which probationer resides.

• (a) cooperate with a program of supervision thru a therapeutic

community modality
• (b) meet his family responsibilities
• (c) devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer
• (d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose
Discretionary Conditions
• (e) pursue a prescribed secular study or vocational training;
• (f) attend or reside in a facility established for instruction, creation
or residence or persons on probation;
• (g) refrain from visiting houses of ill-repute;
• (h) abstain from drinking intoxicating beverages to excess;
• (i) permit the probation officer or an authorized social worker to
visit his home or place of work;
• (j) reside at premises approved by it and not to change his
residence without prior written approval.
Restitution or reparation to the aggrieved parties as a
condition for probation
• Payment can be given to the Clerk of Court of the Trial Court, who shall hand over
the sum to the victim with a corresponding receipt as evidence of acceptance by the
latter of the full amount indicated in the said receipt;
 
• 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

• Payment can be effected directly to the victim and the acknowledgement receipt
shall be filed in the supervision case file of the probationer at the Probation Office.

• The payment of civil liability to the Probation Officer on case to be remitted to the
victim is PROHIBITED.
 SUPERVISION OF PROBATIONERS
The primary purposes of probation supervision are:

• To ensure the probationer's compliance with the terms and conditions

specified in the Probation Order and the prescribed probation treatment
and supervision program/plan;

• To manage the process of the probationer's rehabilitation and re-

integration into the community; and

• To provide guidance for the probationer's transformation and

development into useful citizen for his/her eventual reintegration to the
mainstream of society.
SUPERVISION OF PROBATIONERS
• In the event that the probationer does not report for initial supervision
within seventy- two (72) hours upon receipt of the Probation Order or
when his/her whereabouts are unknown, the Probation Officer shall
exert due diligence to find him/her and conduct such field inquiry as is
necessary within five (5) days, before considering the fact that the
probationer has absconded amounting to a violation of a probation
condition, requiring the preparation and submission of a Violation
Report to the Trial Court.
 SECTION 42. Outside Travel.
• The SO may authorize a probationer to travel outside his/her area of
operation/territorial jurisdiction for a period of not more than ten (10) days.
However, if it exceeds 10 days but not more than thirty (30) days, approval of
the CPPO is required. Accordingly, a Request for Outside Travel with said Office,
properly recommended by the SO, should be duly accomplished.

• If the requested outside travel is for more than thirty (30) days said request shall
be recommended by the CPPO and submitted to the Trial Court for approval.

• 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. ( 1
MONTH)
Effect of Revocation: Remedy
• 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.

• 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 which he/she applied for probation.

• A court order modifying the probation conditions or revoking

probationer's probation shall not be appealable.
 EARLY TERMINATION
1. Probationers involved have already served one-third (1/3) of the
imposed period of probation: and provided further, that, in no
case shall the actual supervision period be less than six (6)
months.

2. Those who have:

• An approved overseas job contract or any other similar documents;
• An approved application for scholarship, observation tour or study
grant for a period not less than six (6) months;
• An approved application for immigration; or
• An approved application to take the Bar and/or Board Examinations.
• To render public service:
• Having been elected to any public office; or
• Having been appointed to any public office.
TERMINATION OF THE PROBATION SUPERVISION CASE

65. Grounds

• Successful completion of probation;

• Probation revocation for cause under Section 49a(i-iii) of these Rules;

• Death of the probationer;

• Early termination of probation

Termination Report.
• The Probation Office shall submit to the Trial Court a Probation
Officer's Final Report five (5) days before the expiration of the
period of probation
SECTION 68. Legal Effects of Final
Discharge: Termination Order
• 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.
 
SECTION 72. Confidentiality of Probation Records.
• The PSIR and the supervision history of a probationer shall be
privileged and shall not be disclosed directly or indirectly to anyone
other than the Parole and Probation Administration or the Trial
Court, except that the court may, in its sound discretion, permit the
probationer or his/her attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the
probationer makes such disclosure desirable or helpful.

• Provided, That, any government office or entity/(ies) engaged in the

correction or rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the proper court or
Administration.
The PPA’s Three (3) Pronged Approach to
Rehabilitation
1. Volunteerism

2. Restorative Justice

3. Therapeutic Community Modality Program (TC)

Question:
Penology came from the Latin word “ poena” which means?

a. Punishment
b. Deterrence
c. Pain and Suffering
d. Imprisonment and Fine
 Who is a VPA?
To assist the Chief Probation and
Parole Officers in the supervised treatment
program of the probationers, the Probation
Administrator may appoint citizens of good
repute and probity, who have the
willingness, aptitude, and capability to act
as VPAs.

* Republic Act No. 10707

 Volunteer Probation Assistant (VPA)

must be:
a) Citizens of good repute and probity,
who have the willingness, aptitude
and capability to act as VPAs;
b) Preferably twenty-five (25) years old
and above;

& above
c) Preferably a resident of the same
community as the client;
f) No criminal conviction, however, former
clients with exemplary behavior fit to be
role models may be considered; and
 Functions
The VPA shall perform the following
functions:
a) As Direct Supervisor
(i) Supervise a maximum of five (5)
clients at any given time;
b) As Resource Individual
(i) Resource speaker;
(ii) Counselor to other clients/people
who need help;
(iii) Donor, sponsor, or referral person;
and
 Caseload
VPAs shall supervise Eighty Percent
(80%) of the clients. The maximum
caseload of each VPA shall be 5 clients
(1:5).
 Appointment:
Term of Office
a) Volunteer Probation Assistants shall be
appointed by the Probation
Administrator or through the
recommendation of the Regional
Director endorsed by the CPPO/OIC
within their respective areas of
jurisdiction.
b) Volunteer Probation Assistants so
appointed may hold office during good
behavior for a term of two (2) years,
renewable at the end of each term as
endorsed by the CPPO/OIC
recommended by the Regional Director
to the Administrator.
Restorative Justice
• Is a process through which remorseful offenders accept
responsibility for their misconduct, particularly to their victims and
to the community. It creates obligation to make things right
through proactive involvement of victims, ownership of the
offender of the crime and the community in search for solutions
which promote repair, reconciliation and reassurance.
Restorative Justice
• Thus, the restorative justice process is actively participated in by
the victim, the offender, and/or any individual or community
member affected by the crime to resolve conflicts resulting from
the criminal offense, often with the help of a fair and impartial third
party.
Restorative Justice
• The restorative outcome is the agreement obtained as a
product of a restorative justice process. Examples of
restorative outcomes include restitution, community work
service.
2015 Board Question
The word probation came from the Latin word “Probatio” which
means?
a. Live with integrity
b. Walk with faith
c. Win as one
d. Testing period
Restitution
•  Restitution is a process upon which the offender accepts
accountability for the financial and/or non-financial losses
he/she may have caused to the victim. Restitution is a
“core” victim’s right which is very crucial in assisting the
redirection of the victim’s life.   Part of the conditions of
probation as imposed by the Court is the payment of civil
liability to indemnify the victim of the offender, and to
inculcate to the offender a sense of responsibility and
obligation towards the community.
Community Work Service,
• whether imposed as a condition of offender’s conditional liberty or
integral part of his treatment plan, should be purposely motivated
to make the offender realize that he/she incurred an obligation to
make things right.

• Examples are: Economic Development, Helping the Disadvantaged

and Crime Prevention Project.
Therapeutic Community (TC)
• is an environment that helps people get help while helping others.
It is a treatment environment: the interactions of its members are
designed to be therapeutic within the context of the norms that
require for each to play the dual role of client-therapist.
• It’s main essence is to help clients on “Right Living”.
HOW DOES TC LOOK LIKE?

• The TC operates in a similar fashion to a functional family with a

hierarchical structure of older and younger members. Each
member has a defined role and responsibilities for sustaining the
proper functioning of the TC. There are sets of rules and
community norms that members upon entry commit to live by and
uphold.
WHAT ARE THE SALIENT FEATURES OF TC?
1. It believes that TC is a place where: One can change – unfold; the
group can foster change; individuals must take responsibility;
structures must accommodate this; Act as if – go through the
motion.
2. There are 5 distinct categories of activity that help promote the
change:
• Relational/Behavior Management
• Affective/Emotional/Psychological
• Cognitive/Intellectual
• Spiritual
• Psychomotor/Vocational-Survival Skills
Cardinal Rules of TC
• NO drugs,
• NO violence or threat of violence
• NO sexual acting out and
• NO stealing.

• Everything an officer does is meant to erase “street behavior” and to lead

the offender to be committed to “right living”.