Probation 2

YOUR PRESENTER:
REYNALDO M. ESMERALDA, M.S.

CRIM.
03/05/2021 Magis Xavier Review Center and 1

Training Services
“In order to SUCCEED, your
DESIRE
FOR SUCCESS should be GREATER
than you’re FEAR OF FAILURE.”
– Bill Cosby
Magis Xavier Review Center and Training

Services
APPROACHES OF PHILIPPINE
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CORRECTIONAL SYSTEM
Institutional Non-Institutional
That aspect of the correctional enterprise That aspect of the correctional enterprise
that involves the incarceration and that includes pardon, probation, and parole
rehabilitation of adults and juveniles activities, correctional administration not
convicted of offenses against the law, and directly connectable to institutions, and
the confinement of persons suspected of a miscellaneous (activity) not directly
crime awaiting trial and adjudication. related to institutional care.

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WHAT IS PROBATION?
• Section 3(a) of Presidential Decree 968, as amended
defines probation as a disposition under which an
accused, after conviction and sentence, (the penalty
of which DOES NOT exceed 6 years of imprisonment,)
is released subject to conditions imposed by the court
and to the supervision of a probation officer.
• A sentence in which the offender, rather than being
incarcerated, is retained in the community under the
supervision of a probation agency and required to
abide by certain rules and conditions to avoid
incarceration.
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In the field of Correctional

Administration
• probation is a form of disposition made by the court in
which final judgment is suspended and in lieu of
commitment to a penal or correctional institution, the
offender is provided treatment and/or supervision while
continuing to live in the community. In return for a
disposition of probation, the offender agrees to certain
terms and conditions imposed by the court. Failure to
fulfil these terms and conditions constitutes a violation
of probation and subjects the offender to return to
court for further disposition. Such further disposition
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may take the form of continuing probation or revoking
probation and subsequent institutionalization.
ORIGIN OF THE TERM PROBATION

• The term was coined by John
Augustus.
• It came from the Latin verb
“Probare” meaning to prove or to
test.
• It also derived from the Latin word

“Probatio” meaning a period of
proving or trial or testing period.
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PROBATION BASICS
• One of the most common forms of community correction.

• It is a privilege granted by the court.
• it cannot be availed of as a matter of right by a person
convicted of a crime.
• To be able to enjoy the benefits of probation, it must first be
shown that an applicant has none of the disqualification’s
imposed by law (PD 968).
• A type of post-trial diversion from incarceration.
• It SUSPEND the execution of sentence for certain period and
upon such terms and conditions as it may deem best.
• It may be granted whether the sentence imposes a term of
imprisonment or a fine only.
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• An application for probation shall be
filed with the trial court, with notice to
the appellate court if an appeal has
been taken from the sentence of
conviction.
• The filing of the application shall be
deemed a waiver of the right to appeal,
or the automatic withdrawal of a
pending appeal.
• An order granting or denying probation shall
not be appealable.
• No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by the
court that the ends of justice and the best
interest of the public as well as that of the
defendant will be served thereby.
• The period of probation of a defendant sentenced to
a term of imprisonment of NOT more than one year
shall NOT exceed two years, and in all other cases,
said period shall not exceed six years.
• When the sentence imposes a FINE ONLY and the
offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not

be less than nor to be more than twice the total
number of days of subsidiary imprisonment as
computed at the rate established, in Article 39 of the
RPC, as amended.

WHAT IS SUBSIDIARY PENALTY?
• It is a subsidiary personal liability to be

suffered by the convict who has no property
with which to meet the fine, at the rate of
one day for each amount equivalent to the
highest minimum wage rate prevailing in the
Philippines at the
OLD: the rate
time of the rendition ofof one day
forjudgment of conviction by the trial

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court,each 8 pesos.subject to the rules
provided for in Article 39 as
5/3/2021amended by RA 10159.
• After the period of probation and upon consideration of the

report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
• The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was
granted.
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• The investigation report and the supervision history of a probationer
obtained shall be PRIVILEGED and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the probationer make
such disclosure desirable or helpful: Provided, Further, That, any
government office or agency 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 the Administration.
1. It is a JUDICIAL FUNCTION exercise by the
courts.
2. Granted to an offender immediately AFTER
CONVICTION.
3. It is SUBSTITUTE for imprisonment.
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4. GRANTED by the court.
5. The person under probation is called
“Probationer”.
6. Probationer supervise by PROBATION
OFFICER.

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HISTORICAL
BACKGROUND OF
PROBATION
Moved by the plight of those in the
jails and prisons of his day, a humble
Boston boot maker began a great
movement in the reformation of
offenders when, in 1841, he took from
the court for a period of probation
one who under his care and with his
friendship became a Xavier
Magis manReview
again..
Center and Training
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PROBATION IN ENGLAND
• Probation as a community-based sanction can trace
its origins to the English courts in the 18th and 19th
centuries. Judges had the discretion to grant what
was deemed a judicial reprieve, thereby sparing the
offender from incarceration by suspending his/her
sentence if the judge deemed there was no purpose
served by incarcerating the offender. This practice
was adopted in the American colonies.

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MATHEW DAVENPORT HILL
THE FATHER OF PROBATION IN ENGLAND
• He was in the forefront of reforming

juvenile offenders. He finds persons
who act as guardians of the juvenile
offender. Then at an unexpected
period, the confidential officer visits
the guardian, makes inquiries and
keeps notes of information received.
• He conducted his experiment in the
Birmingham Court.

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• Beginning in the early years of 1481, he acted for and in
behalf of juvenile offenders, when he believes:
– The individual is not fully corrupt
– There was reasonable hope of reformation
– When there could be found persons to act
• As guardian they are kind enough to take charge of the

young convict. In the belief that there is better hope for
reformation under such guardians than in prison.
• At unexpected period, confidential officers visits the
guardians, make inquiries and register facts. He was thus
informed and records were kept.
PROBATION IN UNITED STATES
• The practice of suspending a sentence was used as
early as 1830 in Boston, Massachusetts, and became
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widespread in U.S. courts, although there was no
statutory provision for such a practice.
• In fact judges, used "RELEASE ON RECOGNIZANCE"
or BAIL and simply refrained from taking any further
action.
• In Boston, Judge Peter Oxenbridge Thatcher
employed judicial leniency by allowing offenders to
be released from custody on their own recognizance
(their verbal or written promise to appear in court if
need be) either before or after they were convicted.
• In 1841, John Augustus, a Boston shoemaker and a member of the
temperance movement against alcohol, often visited the Boston courts
to observe the daily hearings, operations, and business of the courts.
There, Augustus often intervened on behalf of offenders charged with
being a public drunkard; he observed that many offenders were held
over for court or remained in custody because they could not afford to
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pay the fine or other monetary assessment ordered by the court.
Augustus then decided to approach judges and asked if they would
consider releasing the offender if Augustus promised to “monitor”
him/her while he/she was released and ensure that he/she did not get
in further trouble. Augustus also attempted to rehabilitate alcoholics
and assisted those arrested for alcohol-related offenses.
– By the time of his death in 1859, Augustus supervised 2,000 offender.
– considered to be the “father” of modern probation.
• Success of probation became known in

other English speaking countries:
– MASSACHUSETTS STATES – The first state to
enact a real probation law in 1880. The first
practical demonstration of probation, first use
of the term as court service, and the
enactment of the first probation law occurred
in this state.
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– In 1878, the mayor of Boston was granted the
authority to hire the first probation officer, a
retired police officer, CaptainEdwardSavage,
who became a full-time paid probation officer.
• MARYLAND – Volunteer services evolved here.
– The prisoners Aid Association of Maryland, organized in
1869, employed agents to visit the prison and assist
released prisoners and gradually they began to investigate
cases and assist offenders before the Baltimore courts.
– A 1894 law provided that any court in the state might release
on probation for “good conduct” a person convicted of any
offense not capital, if no previous conviction was proved
against him, upon his entering into a recognizance, with or
without sureties, and during such period as the court may
direct to appear and received judgment when called upon,

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and in the meantime to keep the peace and be of good
behavior.
– MISSOURI – Another state adopting a partial
measure was Missouri with its “parole of convicted
person’s law of 1897.”
– VERMONT – The second state to enact a real
probation law. The Vermont like Missouri and
unlike Massachusetts provided for probation only
after suspension of the execution of sentence.
The bills in both states were supported by the
state correctional agencies. Many features of the
Massachusetts law were incorporated, with several
innovations since followed elsewhere. Vermont
was the first to adopt a county plan.

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– RHODE ISLAND – The third state to enact a REAL
PROBATION law. A complete state-administered
probation system appeared first in Rhode Island.
The Act of 1899 empowered the board of state
charities and corrections to appoint a state
probation officer and additional probation officers,
“one of whom at least shall be a women,” to serve
all courts in the state. The Act followed
Massachusetts in permitting the use of probation
before the imposition of sentence and even
without conviction but the limitation of probation to
less serious offenses was an unfortunate
departure from the laws of Massachusetts and
Vermont.

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–NEW JERSEY – the fourth country
enact probation law in 1900.
–NEW YORK - the fifth country enact
probation law in 1900.
–CALIFORNIA - the fifth country enact
probation law.
–ILLINOIS AND MINNESOTA –Plan for
children only in 1899 .
• By the mid-19th century, however, many Federal
Courts were using a Judicial Reprieve to suspend
sentence, and this posed a legal question.
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• In 1916, the United States Supreme Court, in the
Killets Decision, held that a Federal Judge was
without power to suspend a sentence indefinitely.
– This decision led to the passing of the National Probation Act
of 1925. The Probation Act of 1925, signed by President
Calvin Coolidge, provided for a probation system in the federal
courts . It gave the courts the power to suspend the
imposition or execution of sentence and place defendants on
probation for such period and on such terms and conditions
as they deemed best. The Act also authorized courts to
appoint one or more persons to serve as probation officers
without compensation and one salaried probation officer.
– The first federal probation officer was appointed in 1927 in the
District of Massachusetts.
JOHN AUGUSTUS
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• He was a philanthropist and shoemaker at
Franklin Avenue near the Courthouse.
• He originated in rudimentary form, many of the
techniques of probation officers and other social
workers today, including casework, foster home
placement, and protective work for women and
children. This was brought about by the changing
attitudes of the people towards law breaker and
the removal of the inherited attitudes from the
PURITANS.
• He began to visit courthouse because of his
membership with the Washington Total
Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
– 1st year – he took only men charge with drunkenness
– then men and women charge with other offense
– then children/ number of cases increases each yea

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THE FATHER OF MODERN
PROBATION and recognized as
the first true probation officer
METHODS OF AUGUSTUS
1. Provide bail for temporary suspension of
punishment of sentence
2. Then he sought counsel and assists his
charges in finding homes, securing
employment and adjusting family difficulties.
3. At the end of probation he brought offender
back to court-if no further charges are found-
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judge imposes a nominal fine with cost if man
is poor, Augustus advance fine as a loan.
AUGUSTUS EXPERIMENT
• August 1841- Rugged drunk man
• 3 weeks -The drunkard was brought back to court
where the judge cannot recognize him. Imposes a fine
of $ 3.76.
• Augustus died on June 21, 1859. And out of 2000
person whom he extended his help, only 10 were
ungrateful. And out of 1100 cases, only one case was
forfeited.
• Massachusetts became the 1st country to enact a
probation law on April 21, 1878
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GOVERNOR ALEXANDER H. RICE
• Provided appointment and
prescribed duties for paid
probation officers.
• United States Federal
Probation Act– enacted on
March 4, 1925
• QUESTIONS:
1. It is the country where probation was believed to have
originated.
a. England
b. United States
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c. Greece
d. France
2. It is the country that legally established probation.
a. England
b. United States
c. Greece
d. France
PROBATION IN THE
PHILIPPINES
THE ADULT PROBATION LAW OF 1935

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• The first Probation Law of the Philippines was Act No.
4221 enacted on August 07, 1935
• It created a Probation Offices under the Department
of Justice led by a Chief Probation Officer appointed
by the American Governor General with the advice
and consent of the United States.
• This Law provided probation for the first time
offenders, eighteen years of age and over, convicted
of a certain crime.
• However, the act subsequently declared
unconstitutional by the Supreme Court on
Nov. 16, 1937 in People vs. Vera 37 O.G.
164, the constitutionality of Probation law
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(Act 4221), was challenged on three principal
grounds:
– That the said act encroaches upon the pardoning power
of executive
– That is constitute on undue delegation of legislative
power and
– That it denies the equal protection of the law.
What is the fatal provision of the

Act?
• Section 11. “ This Act shall apply only

in those provinces in which the
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respective provincial boards have
provided for the salary of a probation
officer . . .. "
• The Supreme Court held that:
– The act does not encroached in any upon the
powers of the executive as they have understood
and practiced from the earliest time;
– The act was surrender of legislative power to the
provincial board for its application was left to their
determination in providing for the salary
appropriation , although there are no provision that
fix and impose any standards to guide in the
exercise of provincial board’s discretionary power;
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– That the unwarranted delegation of Power under
section11 of Act No. 4221 created a situation for
discrimination and inequality to exits as one
province may appropriate then necessary funds for
the salary of a probation officer while another may
refuse or fail to do so;
– Hence it contravened the equal protection of the
law clause for those persons who may enjoy the
benefits of Probation.
– NOTA BENE: The ill-fated Act was only procedural
framework that was antagonistic with the
constitution/charter.
THE ADULT PROBATION LAW OF 1976
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• It took a long time before another attempt
was made with introduction then by
Congressman Teodulo C. Natividad in
collaboration with former Congressman
Ramon D. Bagatsing, House Bill No. 393. The
measure was passed in the Lower House and
was pending in the senate when Martial Law
was proclaimed in 1972.
• Presidential Decree No. 968 was signed into law by
Pres. Ferdinand E. Marcos on July 24, 1976. It
established a probation system less costly alternative
to the imprisonment of the offender who are likely to
respond to individualized, community-based
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treatment program is the second legislation that
enforces a probation system in the country.
• NOTA BENE: Jan. 3, 1978 – affectivity of the
substantive provisions of PD 968.

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TEODULO C. NATIVIDAD
• The father of Probation
in the Philippines. He
headed the committee
(IDCCP) primarily tasked
with the drafting of the
adult probationlaw.
• The first Probation
administrator

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HOW IT WAS FORMED?
• As mandated under Section 4(k) of Republic Act No.
4864, otherwise known as the Police Act of 1966”,
the National Police Commission, on November 13,
1974,
– created the Inter-Disciplinary Committee on Crime Prevention
(IDCCP) to formulate a national crime prevention program for
the country.
• The IDCCP then under the charge of Commissioner
Teodulo C. Natividad, was asked by the Secretary
and Chairman of NAPOLCOM, Juan Ponce Enrile to
draft the Adult Probation Decree.

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• The Committee is MULTI-SECTORIAL BODY. It
composed of authorities and representative from the
five pillars of the criminal justice system.
• After a laborious period of eighteen technical
hearings involving sixty source persons, came out
with the draft decree for presentation at a seminar on
the Probation System sponsored by the National
Police Commission and the U.P. Law Center on April
24, 1976 subsequently attended by 369 participants.
• A survey was made to elicit comments on the
adoption of the adult probation system in the
country. Favorable resulted showed 87.1% in favor of
the adoption, 7.1% apprehensive and 5.8%
noncommittal.
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• Thereafter, the draft was sent to the Secretary of the
Department of the National Defense, Secretary of the
Department of the Justice and to the Supreme Court
for review and endorsement of the President.
• The final forum of the proposed institutionalization of
adult probation in the country was the First National
Conference on Crime Control, which was held at
Camp Aguinaldo from July 22 to July 24, 1976. It was
on this historic last day of the Conference that the
Presidential Decree No. 968 and thereby Transported
the criminal justice system of the country to the
twentieth century. In the process, the president also
appointed as the first Probation Administration,
NAPOLCOM Chairman, Teodolo C. Natividad in a
concurrent capacity.
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ESSENTIAL ELEMENTS OF THE
PROBATION
SYSTEM UNDER PD NO. 968
1. Single or one-time affair.
2. Our probation system is highly
selective. Probation is made available
only to those convicted of certain
crimes.
3. Persons under probation retain their
civil rights, like the right to vote, or
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practice one's profession, or exercise
parental or marital authority.
What are the differences between the
Adult Probation Law of 1935 (Act no.
4221) from the Adult Probation Law of
1976 (PD no. 968)?
As to Applicability of each province and city who shall be appointed by  The law expressly provides that "The
the probation law the Secretary of Justice upon recommendation of Provincial or City Probation Officer
Presidential Decree the Administrator and in accordance with civil shall receive an annual salary of at
968 service law and rules." (Section 23) least eighteen thousand four hundred
(Probation Law of  The Probation Law applies to all pesos.” Act no. 4221
1976) provinces and cities, uniformly and (Probation Law of 1935)
It expressly and without discrimination. It expressly and explicitly provides that this Act
explicitly provides  The salary of the probation officer in shall apply only in those provinces in which the
that "There shall be each province or city is provided for by respective provincial boards have provided for
at least one law, no longer subject to the discretion
probation officer in of the respective provincial boards.
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the salary of a cities in which their respective provincial  The Probation Law divests the
probation officer . . . boards have provided for the salary of a provincial boards of the power to
" (Section 11) probation officer. determine whether or not salary of a
 The Probation  The salary of the probation officer is to probation officer in their respective
Law applies the discretion of the respective provinces would be appropriated.
only to provincial boards.
provinces and

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As to the The conditions of Probation make it The imposition of the said
condition of the MANDATORY for the Court to issue conditions on the probationer was
probation order
a probation order containing specific merely DISCRETIONARY on the
conditions for the probationer to fulfill. part of the Court issuing the
(Section 10) probation order. (Section 3)
The reparation or restitution by There is reparation or
the probationer to the aggrieved restitution by the probationer
parties for actual damages or to the aggrieved parties for
losses caused by his offense is actual damages or losses
NOT PRESENT. caused by his offense.

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As to the It provides that "in all other cases, It provides that the period of
period of the probation period shall not probation of a probationer found
guilty of "any other offense" did
probation exceed 6 years. (Section 14)
not exceed twice the maximum
The new law, therefore, provides time of imprisonment to which he
for a definite and shorter might be sentenced. (Section 7)
probation period.
As to the The Law provides that an order Nowhere in the old Probation Law
appealability of granting or denying probation shall can there be found a provision to
the order not be appealable. (Section 4) this effect.
granting or
denying
probation

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As to th It contains a GENERAL enumeration. It provides that the It gave an enumeration of the offenses no
offenses e benefits of this Decree shall not be extended to those: covered by the Act. This enumeration
covered n
ot 1. sentenced to serve a maximum term of SPECIFIED the crimes not covered. These
imprisonment of more than 6 years; were:
2. convicted of any offense against the 1. Homicide
security of the 2. Treason
State; 3. Misprision of treason
3. who have previously been convicted by 4. Sedition
final judgment of an offense punished by 5. Espionage
imprisonment of not less than one month 6. Conspiracy or proposal to commit
and one day and/or fine of not less than treason
two hundred pesos; 7. Piracy
4. who have been once on probation under 8. Brigandage
the provisions of this Decree; 9. Arson
5. who are already serving sentence at the 10. Robbery in band
time the substantive provisions of this 11. Robbery with violence on persons
Decree became applicable. . .. " (Section when it was found that they displayed
9) a deadly weapon and
N.B. Thus, besides a general enumeration of the 12. Corruption of minors." (Section 8)
offense not covered, the said Section further
broadened the scope of the inapplicability of the
Law. Additional exemption from coverage can be
found in the offenses enumerated under Section 9 (a,
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c, d and e) abovementioned.

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As to modificati o The modification or revision of the conditions of It provided that "The Court
revision on r probation, Presidential Decree No. 968, Section 12 MAY, at any time, revise, modify
conditio of t or enlarge the conditions or
provides in part, that "During the period of probation, the
ns h period of probation."
e court may, UPON APPLICATION of either the
probatio
n o probationer or the probation officer, revise or modify the
f conditions or period of probation. . .. "
N.B. Contrasting the two Sections, it is evident that
under the new law, application of either the probationer
or the probation officer is needed in order that the
Court may exercise its discretion to revise or modify
the conditions or period of probation whereas the old
law granted to the Court the exclusive discretionary
power of revision and modification without need of
prior application by the probationer or the probation
officer concerned.
It is clear therefore, that under the new law, the Court
relies heavily upon the probation officer and places
great faith in him.
As to name of  Office - Probation Administration  Office - Probation Office
probation office  Probation Administrator - the Executive Officer of the  Chief Probation Officer - the
and its head Probation Administration. Head of the Probation Office

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FORERUNNER OF
PROBATION BENEFITS
OF THE CLERGY
• Earliest for softening of the brutal severity of punishment.
• It was initiated as a device by which members of the clergy
(ordained clerks, monks, nuns) could claim such benefit and
have their cases transferred to Church courts.
• The Church was insistent that only ecclesiastical tribunals had
jurisdiction over members of the clergy. Benefit of clergy allowed
certain offenders to claim exemption from or mitigation of
punishment after they were convicted, but before judgment was
made in their case.

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JUDICIAL REPRIEVE
• Withdrawal of sentence for an internal of time whereby the
execution of the sentence is suspended either before or
after judgment such as when there is a favorable
circumstance in the criminal’s character in order to give
him opportunity to apply to the King for either an absolute
an or conditional pardon. Early English courts begun to
grants reprieves to prisoners under sentence of death on
condition that they accept deportation to English
settlements in America.

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RECOGNIZANCE
• “Binding over for good behavior”. It is
considered as the direct ancestor of
probation.
• The word "recognizance" comes from the Latin
recognoscere, meaning "to recall to mind“.
• This involves an obligation or promise sworn to under
court order by a person not yet convicted of crime he
would keep the peace and be of good behavior.
• For a person suspected of having committed a crime
but not yet convicted, release upon recognizance
was a form of conditional release for a specified
agreement whic bound the defendan to goo
h t d
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RECOGNIZANCE
• For a person suspected of having committed a crime but not yet
convicted, release upon recognizance was a form of conditional
release for a specified period of time. A recognizance was a
form of agreement which bound the defendant to good behavior
during release and committed the defendant to appear in court
on a givendate for trial or final disposition of his case.
• Entering into a recognizance may or may not have required
surety.
• If surety was required, the person who stood surety for the
offender was legally responsible for the offender. The person
who stood surety had the power and the duty to enforce the
conditions of release and return the offender to court if he
committed an offense or failed to abide by any other of his
conditions of release for the specified period of time.
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TRANSPORTATION
• This was developed from an
ancient practice of banishment and
flourished for more than two
hundred years as a principal
method of disposing offenders. It
served mainly as cheap source of
supplying labor to the colonies of
England.
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03/05/2021 Magis Xavier Review Center and Training
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Bail
• Both in England and in the United States, the practice of
bail with recognizance has been of major historical
significance as the fundamental stage in the development
of probation.
• Today, bail is used exclusively for the purpose of assuring
a defendant's appearance for trial.
• Originally, bail was used as a method of assuring a
defendant's appearance for trial and also for providing a
temporary suspension of final action in a case. The
defendant was placed in the custody of the person who
stood surety for him; therefore, the person who "went bail"
for the defendant had a financial interest in seeing that the
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defendant appeared in court as directed and followed any
other instructions of the court.
DEFINITION OF TERMS
Magis Xavier Review Center and

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Training Services
1. Amicus Curiae – Means friend of the court

2. Absconding Petitioner- a convicted accused whose
application for probation has been given due course
by the court but fails to report to the parole and
probation office or cannot be located within a
reasonable period of time.
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3. Absconding Probationer- an accused whose
probation was granted but failed to report for
supervision within the period ordered by the court or
a probationer who fails to continue reporting for
supervision and/or whose whereabouts are unknown
for a reasonable period of time.
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4. Defense Counsel/Counsel- lawyer of
the petitioner
5. Petition- application for probation.
6. Petitioner - a convicted defendant who
files an application for probation.
7. Probationer - means a person placed
on probation.
8. Probation Investigation - The process of selection,
diagnoses and planning with the client.
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9. Probation Supervision- The continuous process of
helping the client to follow through with the plans, re-
evaluation and working with the client in the process
of planning his life to meet dynamic situation.
10.Probation Officer - It means one who investigates for
the court a referral for probation or supervises a
probationer or both.
11.Probation Order - order of the trial court
granting probation
12.Probation Office - refers either to the Provincial
or City Probation Office directed to conduct
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investigation or supervision referrals as the case
may be;
13.Prosecutor- lawyer of the victim.
14.Trial Court - refers to the Regional Trial Court
(RTC) of the Province or City/Municipal Court
which has jurisdiction over the case.

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OBJECTIVES OF A PROBATION
AGENCY
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Training Services
1. Assist the court in matters pertaining to

sentencing
2. Promote community protection by
supervising and monitoring the
activities of persons on probation
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3. Promote the betterment of offenders
by ensuring that they receive
appropriate rehabilitation services
Purpose of the Probation Law
1. As an individual and community-based
treatment- Section 2(a) connotes a
personal relationship between the
offender and a probation officer, the
latter exercising supervision over the
former. This relationship assumes the
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willingness of the offender to be on
probation.
2. As an opportunity for reformation- Section 2
(b) expresses the concept of probation as
an opportunity for reformation. The basis for
such assertion is the idea that probation is a
humane correctional treatment of offenders.
Inherently, the concept recognizes the lesser
probability of reformation if a duly convicted
and sentenced.
3. To prevent the commission of offense-

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Probation is an alternative to incarceration. It
represents an enlightened and humane
correction system. The objective of
probation therefore, is for the protection and
welfare of the society through prevention of
the commission of crime. (Facinal V. Cruz,
GR 50618, Sept. 2, 1992)
Characteristics of Probation
1. More enlightened and humane correctional
treatment.
2. It aims to promote the reformation of the offenders.
3. It reduces the incidence of recidivism.
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4. It extends to offenders individualized and
community based treatment programs instead of
imprisoning them.
5. It is limited to offenders who are likely to respond
favorably there to.
6. It is less costly than the confinement of all offenders
in prisons.
Essential Elements of
Probation
1. A post sentence investigation report which will
serve as the informational for the court’s
decision to grant or deny probation.
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2. The conditional suspension of execution of
sentence by the court.
3. Condition of probation imposed by the court to
protect public safety and to faster the
rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the
offender by a probation officer.
•
Basic Elements of Probation
1. A suspension of the sentence

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2. A period at trial for the offender in the
community.
3. The offenders` observance of the law
and the adherence to the condition
imposed by the court.
4. The supervision of the offender by a
probation officer.

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PD 968
Section1
PRESIDENTIAL
DECREE NO. xxx NONE
1257 Theprosecuting officerconcerned shallbenotifiedbythecourt
of thefillingof theapplication forprobation andhemaysubmit
hiscomment onsuchapplication withintendaysfromreceiptof
thenotification.
xxx
NotaBene: Theprosecutorparticipates in the determination
of the
applicationfor probation
. It is thereforemandatorythe prosecuting
officerconcernedshallbe notifiedby the courtof the fillingof the
applicationfor probationandsubmitscommentwithin10 daysfrom
receipt
.
Section2 Section7
xxx xxx
Thecourtshallresolvethe application for probationnot later The courtshallresolvethe
thanfifteendaysafterreceiptsofsaidreport ." petitionfor probationnot
xxx later than five days after
N.B. PDno. 257extendedtheperiodof resolvingtheapplication for receiptofsaidreport
.
probationbythecourtfromfive(5) daystofifteen(15) days. xxx

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OTHER PROBATION
LAWS
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PRESIDENTIAL Section 3
DECREE NO. xxx NONE
1257 In the hearing, which shall be summary in nature, the probationer
shall have the right to be informed of the violation
charged and to adduce evidence in his favor. The court
shall not be bound by the technical rules of evidence but
may be inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. The
State shall be represented by a prosecuting officer in
any contested hearing.
xxx
N.B.
The defendant has the right to be informed of the violation charged and to adduce
evidence in his favor.
Sec. 4 Sec. 33
xxx xxx
That the application of its substantive provisions That, the application of
concerning the grant of probation shall only take effect its substantive on January
3, 1978." provisions concerning xxx the grant of probation
shall only take effect
twelve months. Magis Xavier Review Center and Training Xxx
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BATAS The probation system shall not be extended to a The probation system
PAMBANSA convicted offenders sentenced to serve a maximum shall not be extended
BLG. 76 term of imprisonment of more than six (6) years and to a convicted
one (1) day.
offenders sentenced to
N.B. The probational period is six (6) years and one (1)
day and below serve a maximum term
of imprisonment of
more than six (6) years.
N.B. The probational
period is six (6) years
and below.
xxx
Any person sentenced to maximum penalty of six
years and one day on January 3, 1978 and
NONE
thereafter may be placed on probation upon his
application therefore with the court of origin.
However, such person serving sentence shall
remain in jail pending the approval of his
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XXX Services 74
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PRESIDENT The decree restore the provision of section 9 of
IAL PD 968 that probation shall not be extended to a
DECREE convicted offenders sentenced to serve a
NO. 1990 maximum term of imprisonment of more than six
(6) years. It that senses the decree impliedly
amended the provision of BP 76.
Section 1 amending Section 4 of PD no. 968. NONE
Xxx
Provided; That no application for probation shall
be entertained or granted if the defendant has
perfected the appeal from the judgment of
conviction.
Xxx
NB: Appeal and probation is a mutually exclusive
remedy; meaning once a defendant filed his appeal it
is a deemed waiver of the filing of probation.
The period of perfecting an appeal is also the period
of perfecting an application/filing for probation. In
general, the period of perfecting an appeal is fifteen
(15) days from the promulgation of sentence.
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es
EXECUTIVE It renamed the Probation Administration created under PD 968 into
ORDER NO. 292 Parole and probation Administration.
It also extended the powers and function of the PPA. It includes the
following:
a. Administer the parole and probation system;
b. Exercisegeneral supervision over all parolees and
probationers;
c. Promote the correction and rehabilitation of offenders; and
d. Such other functions as may hereafter be provided by law.
xxx
(2)The Administration shall have a Technical Service under the Office
of the Administrator which shall serve as the service arm of the Board
of Pardons and Parole in the supervision of parolees and pardonees.
The Board and the Administration shall jointly determine the staff
complement of the Technical Service.
xxx
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74
Republic Act No. 10707 - An act amending PD No. 968,
otherwise known as the “Probation Law of 1976”, as
amended
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 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
75
penalty was rendered, or in the trial court where such case
has since been re-raffled.
Training Services
1. P.D. 1257 (December 1, 1977) – participation of the

prosecutor in the determination of the application for
probation
2. P.D. 76 (. Approved: June 13, 1980) – the period of
punishment which is probationable is extended from 6 years
and 1 day.
3. P.D. 1990 (October 5, 1985) – the period of punishment
which is probationable is lowered again from 6 years and 1
day to 6 years or less
4. E.0.292 (Administrative Code of 1987) – renamed the
Probation Administration into Parole and probation
Administration
5. Republic Act No. 10707 - when a judgment of conviction
imposing a non-probationable penalty is appealed or
76
reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified
decision before such decision becomes final.
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77
GRANT OF PROBATION
• Section 1, Republic Act No. 10707
– 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.

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GRANT OF PROBATION
• Section 1, Republic Act No. 10707
– “The trial court shall, upon receipt of the application filed, suspend
the execution of the sentence imposed in the judgment.
– “This notwithstanding, the accused shall lose the benefit of
probation should he seek a review of the modified decision which
already imposes a probationable penalty.
– “Probation may be granted whether the sentence imposes a term
of imprisonment or a fine only.
– “An order granting or denying probation shall not be
appealable.”

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Will probation be
automatically granted to
one whose sentence is six
(6) years or less?
• No, the offender must fit the criteria
under Section 8 of PD 968.
• Section 8 of PD 968 - In determining whether an offender may
be placed on probation, the court shall consider all information
relative, to the character, antecedents, environment, mental and

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physical condition of the offender, and available institutional
and community resources. Probation shall be denied if the court
finds that:
– The offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution; or
– There is undue risk that during the period of probation the offender
will commit another crime; or
– Probation will depreciate the seriousness of the offense
committed.
Is there a law provides that a person may be granted
probation even the penalty is higher than 6 years?
• Under Sec. 70 of R.A. 9165, the Comprehensive
Dangerous Drugs Act of 2002, the first-time minor
offender who upon promulgation of the sentence, the

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court may, in its discretion, placed the accused
under probation, even if the sentence provided under
Sec. 11 of the Act is higher than that provided under
Probation Law.
• Is probation a matter of right?
• Probation is not a Matter of Right but a Privilege.
Hence, only those persons who are qualified may
apply for probation. Its grant depends upon the
discretion of the trial court.
• In TOLENTINO vs. JUDGE ALCONCEL, 121 SCRA 92;
it was held that probation is a mere privilege and its
grant rest solely upon discretion of the court and is

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primarily for the benefit of society and only
incidentally for benefit of the accused.
• However, under R.A. 9344 or Juvenile
Justice and Welfare Act of 2006, a Child
in Conflict with the Law (CICL) is
granted the right to probation
as an alternative to imprisonment if
qualified under the Probation Law.

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BASIS OF GRANTING PROBATION
• The basis of granting probation is the sentence
imposed by the trial court.
• A is Convicted for highway robbery, sentence
to 11 years, 4 months and 1 day 12 years
penalty. It was reduced to 1 year, 8 months
and 5 months and 1 day. He applied for
probation on the basis of the appellate court. If
you were the judge will you grant his petition?

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Probation is not a sentence
• In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984)
it was held that an order placing defendant on
“probation” is not a sentence but is rather in effect a
suspension of the imposition of sentence. It is not
final judgment but is rather an “interlocutory
judgment” in the nature of a conditional order placing
the convicted defendant under the supervision of the
court for his 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.

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How many times can one be granted
probation?
• An offender can be granted probation
only once in his lifetime.

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MUTUALLY
EXCLUSIVE
Probation and Appeal REMEDIES.
• The filing of the application shall be
deemed a waiver of the right to appeal and vice versa.
• 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 nonprobationable
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 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 nonprobationable
penalty was rendered, or in the trial court where such case has since been re-
raffled.
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Probation and Appeal

• 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.
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Training Services
• In Colinares vs. People, G.R. No. 182748, December 13, 2011,

the Supreme Court took another look at the probation law, and
allowed the grant of probation to an accused who has appealed
his conviction.
– In this case, the accused was originally sentenced by the Regional
Trial Court to imprisonment exceeding 6 years and one day, which
disqualified from applying for probation. Upon his appeal of the
case to the Court of Appeals, the appellate court lowered the
penalty to less than 6 years and one day. The Supreme Court
reasoned that since the trial court imposed a (wrong) penalty
beyond the probationable range, thus depriving the accused of the
option to apply for probation when he appealed, the element of
speculation that the law sought to curb was not present.

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• An accused may be allowed to apply for probation even if he
has filed a notice of appeal, provided that his appeal is
limited to the following grounds:
– When the appeal is merely intended for the correctionof
thepenaltyimposed by the lower court, which when
corrected would entitle the accused to apply for probation;
and
– When the appeal is merely intended to review the crimefor
which the accused was convicted and that the accused
should only be liable to the lesser offense which is
necessarily included in the crime for which he was
originally convicted and the proper penalty imposable is
within the probationable period.
• Who are qualified to probation?
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• AS GENERAL RULE probation applies to all sentenced or
convicted offenders.
• Any first time convicted offender, 18 years of age and
above not otherwise disqualified under PD 968 as
amended can apply for probation before serving the
sentence which may either be imprisonment of fine with
subsidiary imprisonment, or both imprisonment and fine.
• The age of offender qualified for probation is 18 years and
above. PD 1179 which amended PD 603 lowered the age
of youthful offenders to under 18 years old (17 years old
and below).
• The following are disqualified:
1.Those entitled to the benefits of 9344.
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2.Those that are found Guilty in violation of R.A 9165
except those first time offender under Sec 70.
3.Those non offenders and offenders who has not been
convicted and sentenced.
4.Those that are found guilty in violation of BP 881 as
amended by BP 882,883 and 884 otherwise known
as the Omnibus Election Code of the Philippines.
94

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5. Those who are found guilty in violation of PD
1987 (an act creating the Video gram Regulatory)
6. Those that are found guilty in violation of RA
6727 otherwise known as the Wage
Rationalization Act
7. Those convicted offenders but with a sentenced
exceeds 6 years.
8. Those who are disqualified under Section 9 of
PD 968.
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• Under Section 9 of PD 968, as amended by

Section 2, RA 10707, the benefits of
probation shall not be extended to:
1. Those sentenced to serve a MAXIMUM TERM of
imprisonment of MORE THAN SIX (6) YEARS;
Note: the six years maximum refers to the
sentence actually imposed, and not that
prescribed by law for the offense committed.
2. Those convicted of subversion or any crime No
more crime against the national security; against
public order
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Magis Xavier Review Center and Training 96
Crimes against National Security Crimes against Public Order

1. Treason 1. Rebellion or insurrection
2. conspiracy and proposal to 2. Conspiracy and proposal to
commit treason commit rebellion
3. misprision of treason 3. Sedition
4. espionage 4. Conspiracy to commit sedition
5. inciting to war or giving motives for 5. Inciting to sedition
reprisals 6. Acts tending to prevent the
6. violation of neutrality meeting of assembly and similar
7. correspondence with hostile bodies
country 7. Disturbance of proceedings
8. flight to enemy’s country 8. Direct assault
9. piracy 9. Indirect assault
10.qualified piracy 10.Coup d’etat
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3. Those who imprisonment of more than 6

have months and 1 day and/or a
previously fine of more than 1 thousand
been pesos
convicted by (P1,000.00);
final PREVIOUS FINE:
CONVICTION
judgment of
if 6 month - less than 1 qualified
an offense for thousand
punished by probation pesos -
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•if more than 1 probationof not less
imprisonmen than two thousand
6
t of not (200) hundred pesos; pesos -
month
disqualif
and 1 qualified
less ied for
for day probatio
than one n
month
or more
Magis Xavier Review Center and Training 98
- probation
an
disqualified
one day
and/or fine
for
97
4. Those who have been ONCE on probation
under the provisions of PD No. 968, as
amended;
- Accordingly, one who has been on probation only under
the child and Youth Welfare Code as amended and the
Dangerous Drugs Code of 1972 as amended will not be
disqualified. The reason form this is that the treatment given
under those latter laws is of a different kind from that under
PD 968 as amended.
5. Those who are already serving sentence at the
time substantive provisions of the decree
became applicable pursuant to section 33 of
PD 968. (As amended by BP Blg. 76, and PD
1990, October 5, 1985)
REQUIREMENTS AND PROCEDURE
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IN THE APPLICATION OF
PROBATION
• Is there a need to apply for probation to avail
of its benefits?
• - Yes, it will not be granted except upon the
application by the accused. The necessity for
such application is indicated in Sec. 4, PD
968, which states that “the trial court may,
after it shall have convicted and sentenced a
defendant and upon application by said
defendant within the period of perfecting an
appeal.
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• Requisites before an offender can be
placed on probation
1. A post sentence investigation by the
officer;
2. A determination by the court that the
end of justice will be served and the
best interest of the public and that of
the offender will be served thereby.
• Where and when to file the petition for probation?
• Where: A petition for probation shall be filed by the
applicant for probation or the petitioner with the

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courts that tried and sentenced the offender at any
time before the imprisonment starts.
• When: Anytime before the offender starts serving his
sentence but within period for perfecting an appeal or
fifteen (15) days from the promulgation or notice of
the judgment of conviction.
• Is there a form prescribed for the application
for probation?
• - Yes, it shall be in the form approved be the
Secretary of justice as recommended by the
Administrator or as may be prescribed by the
SC. There are two forms of petition: WRITTEN
and ORAL. Butforpurposesofrecording,
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applicationmadeorallyshouldbereduced
intowriting.
Procedure under PD No. 968
1 The offender or his counsel files a petition with the convicting court within 15
days from promulgation of judgment.
2 The court determines convict qualifications and notifies the prosecutor of the
filing of the petition
3 The prosecutor submits his comments on such application within 10 days

from receipt of the notification.

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4 If petitioner is qualified, his application is referred to the probation officer for
post-sentence investigation

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Procedure under PD No. 968
4 Ifpetitioner
isqualified,
hisapplication
isreferred
totheprobation
officerfor
post-sentence
investigation
5 Thepost-sentence investigation
report(PSIR) is submitted
bytheprobation
officertothecourtwithin60days
6 Pending investigation and resolution, accused may be temporarily released (if

there is already a bail, then on same bail)
7 Thecourtgrantsor deniesthepetitionforprobation
within15daysupon
receiptofthePSIR.
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EFFECTS OF FILING AN APPLICATION FOR

PROBATION
• The court may, upon receipt of the

application suspend the execution of
sentence imposed in judgment;
• Pending the submission of the PSIR and
the resolution on the application, the
applicant may be allowed on temporary
liberty under his bail, on a new bail, or
released on recognizance.
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PPA forms
1. PPA FORM NO. 1 - Post-Sentence Investigation
Work Sheet
2. PPA FORM NO 2 - Waiver-Cum-Authorization
3. PPA FORM NO 3 - Post-Sentence Investigation
Report
4. PPA FORM NO 5 - Monthly Caseload Summary
Reports
5. PPA FORM NO 7 - Request for Outside Travel
6. PPA FORM NO 8- Violation Report
7. PPA FORM NO 9- Probation Officer’s Final Report
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8. PPA FORM NO 10- Office Order
107
9. PPA FORM NO 11 - Payment Plan
10.PPA FORM NO 14 - General Inter-Office Referral
11.PPA FORM NO 15- Case Classification
12.PPA FORM NO 16- Supervision Treatment Plan
13.PPA FORM NO 17- Supervision Case Notes
14.PPA FORM NO 18 - Attendance Monitoring Form of
Clients
15.PPA FORM NO 19 - Termination Form
1. PPA FORM NO 22- Arrival Report
2. PPA FORM NO 23 - Certificate of undertaking
3. PPA FORM NO 24 - Change of Residence
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4. PPA FORM NO 25 - Pre-Parole/Pre-Executive
Clemency Investigation Report
5. PPA FORM NO 26 - Certificate of No Pending Case
6. PPA FORM NO 30- Psychological/Clinical
evaluation referral
7. PPA FORM NO 32 - Followup letter
8. PPA FORM NO 33- Standard Cover Letter
9. PPA FORM NO 42 - Certificate of No Appeal
POST-SENTENCE INVESTIGATION
(PSI)
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An investigation conducted by a probation
agency or other designated authority at the
request of a court into the past behavior,
family circumstances, and personality of an
adult who has been convicted of a crime, to
assist the court in determining the most
appropriate sentence.
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• Section 5 of PD 968 - No person shall
be placed on probation except upon
prior investigation by the probation
officer and a determination by the court
that the ends of justice and the best
interest of the public as well as that of
the defendant will be served thereby.
– During the post-sentence investigation petitioner
had no Right to Counsel
– The probation law has no provision guaranteeing
the right to counsel in the investigation of a
petitioner. The constitutional guarantee of right to
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counsel will not apply because the investigation by
the probation officer is neither prosecutory nor
accusatory in character.
– R.A 7438 – right of the accused during custodial
investigation
– Information gathered from the interview of
petitioner and the collateral information sources
shall be confidential in nature.
STAGE OF POST-SENTENCE
INVESTIGATION
1. Preliminary Procedure -The probation officer upon
receipt of the order from the court shall assign the

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same to a probation officer to conduct the
postsentence investigation.

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2. Initial Interview -within 5 working days from
receipt of the court order, the probation officer
assigned shall interview the petitioner.In the said
interview, the probation officer shall require the
petitioner to accomplish under oath a worksheet
(P.A. form no. 1) the information contained in the
worksheet shall serve as the basis of further
investigation. The petitioner shall also sign a
waiver (P.A. form no. 2) authorizing the probation
administration to secure any and all pertinent
documents and information.
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3. Investigation -upon completion of the worksheet, the

probation officer shall conduct a thorough
investigation on the antecedents, mental and
physical condition, character, and socio economic
status of the petitioner. For collateral information,
person who has knowledge of the petitioner, of the
victim and or the relatives shall be interviewed. The
probation officer shall determine and recommend the
manner by which the petitioner will be supervised if
granted probation.
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4. Issuance of Post-Sentence Investigation

(PSI) Report. upon the completion of the
post-sentence investigation, the probation
of officer shall submit a post-sentence
investigation report (P.A. form no. 3) to the
trial court within the prescribed period. The
report shall be sign by the investigating
probation officer and approved by the head
of the probation office.
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Purpose of PSIR
• The PSIR aims to enable the Trial Court to
determine whether or not the ends of justice
and the best interest of the public primarily,
as well as that of the applicant, would be
served by the grant or denial of the
application. (Section 23 of Parole and
probation administration omnibus rules on
probation methods and procedure)
•
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CONTENTS OF PSIR
1. The circumstances surrounding the crime or offense for
which the applicant was convicted and sentenced
2. Details of other criminal records
3. Personal circumstances, educational, economic and
sociocivic data and information about the applicant
4. Characteristics of applicant, employable skills, employment
history, collateral information.
5. Evaluation and analysis of the applicant's suitability and
legal capacity for probation and his potential for
rehabilitation, reform, development, transformation and
reintegration into the community.
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1. Recommendation to: (A) grant the application,

including probation period, probation conditions and
probation treatment and supervision plan/program;
or (B) deny the application;
2. Data and information on the applicant's financial
condition and capacity to pay, his civil liability, if
any;
3. Results of findings of drug, psychological and
clinical tests conducted, if any;
4. Results of criminal records, if any, whether decided
or still pending

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5. Furnished by various law enforcement agencies
tapped by the Probation Office for such
purpose;
6. Result(s) of courtesy investigation, whether
GCI/FBCI or PGCI (See Sec. 27 of these Rules),
if any, conducted in the birth place or place of
origin of applicant especially if he plans to
reside thereat while on probation, if ever his
application will be granted; and
7. Other analogous and related matters.
• Who is a Absconding Applicant?
– Applicant whose application for probation has been given
due course by the proper court has failed to present
himself/herself to the proper Office within seventy-two (72)

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hours from his/her receipt of the Probation Order or within
reasonable time.
– NOTA BENE: Said Office shall first exert best diligent efforts
to inquire on, search, find and locate his/her whereabouts
before it shall report such fact with appropriate
recommendation to the proper court, considering the
surrounding circumstances of place, date and time, his/her
health condition and other related factors.
NATURE OF THE RECOMMENDATION
• The nature of the recommendation for the

grant or denial of probation in the PSIR report
is merely PERSUASIVE IN NATURE addressed
to the sound discretion of the Trial Court
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considering that the denial or grant of
probation is a judicial function. (Section 25 of
Parole and probation administration omnibus
rules on probation methods and procedure )

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CONFIDENTIAL NATURE OF POST-SENTENCE
INVESTIGATION
– It shall be privileged and shall not be

revealed directly or indirectly except to (a)
Probation Administration (b) the court
concerned.
– Violation of confidential nature of probation
records is an offense. Penalty is
imprisonment from 0-6-1 to 6-0-0 and fine
from P600 to P6, 000.
PERIOD FOR SUBMISSION OF
INVESTIGATION REPORT.
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• 60 days - The probation officer shall
submit to the court the investigation
report on a defendant not later than
sixty days from receipt of the order of
said court to conduct the investigation.
(Section7ofPD968)

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• Can the offender be released while his application for

probation is pending?
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– Yes
• Bail - At the discretion of the court. The applicant may be
released under the Bail he filed in the criminal case.
1. On the same bond he filed during the trial
2. On a new bond
• Recognizance - In case where no bail was filed or that the
defendant is incapable of filing one, the court may allow the
release of the defendant on recognize the custody of a
responsible member of the community who shall guarantee his
appearance whenever required by the court.

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• RESOLUTION OF THE PETITION FOR
PROBATION
– The court within 15 days from receipts of the PSIR
must resolve the petition for probation. Since
probation is privilege, its grant rest solely upon the
discretion of the court. Therefore court may grant
or dismiss it. (PD 1257)
• Nota Bene: 5 days - The court shall resolve the
petition for probation not later than five days
after receipt of said report. (Section7
ofPD968)

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Grant of probation
• Once probation is granted, the execution of sentence
will be suspended. The court if grants the petition will
issue the appropriate Probation Order and the
petitioner will be release to the community subject
however to the terms and condition imposed by the
court, with the supervision of probation officer.
• If the court grants probation – the court imposes
condition that defendant seems to be arbitrary –
mental must he does need instruction.
• Can the defendant may Reject Grant of
Probation?
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• YES
– The law does not oblige the defendant to
accept the probation granted by the court.
He should, indeed, be allowed to turn
down the same grant especially since he
might feel that the terms and conditions
thereof are too onerous (burdensome) for
him.

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• An order granting or denying
probation shall not be
appealable. (PD no.
1990)
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• What will happen if the application for

probation is denied?
• The offender will be sent by the
sentencing court to prison to serve his
sentence.
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BUT DO WE HAVE STILL OTHER RECOURSE?

• As a general rule the grant or Denial of Probation is not
Appealable.
• However a Certiorari may lie. Neither the prosecution nor
defendant may ask as a matter of right seek review by
superior court of the order of the trial court or before the
superior court the findings of facts of the trial court.
• Grave abuse of discretion – certiorari – not on appeal
• He does not question the finding of facts of the trial court but
only the reasonableness of the order based therein.
•
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PROBATION ORDER
• Section 32. Nature of Probation: Effect of the Grant of
Probation. –
– Probation is but a mere privilege and as such, its grant or
denial rests solely upon the sound of discretion of the Trial
Court.
– After its grant it becomes a statutory right and it shall only be
canceled 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 cash or property bond upon which he
was allowed temporary liberty as well as release the
custodian on ROR from his undertaking.

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EFFECTIVITY OF THE PROBATION ORDER
(SECTION 11, PD NO. 968)
• A probation order shall take effect upon receipt by
the petitioner, and on the same date the probation
period shall commence, unless otherwise specified
by the court.
• Upon the issuance of the probation order, the court
shall inform the probationer of the consequences
thereof and explain upon his failure to comply with any
of the conditions in the said order, or his commission
of another offense, he shall serve the sentence
originally imposed for the offense for which he was
placed on probation.

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CONTROL AND SUPERVISION
OF PROBATIONERS
• The probationer and his probation program shall be under the
control of the court who placed him on probation subject to
actual supervision and visitation by a probation officer.
• Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the
probation order, the investigation report and other pertinent
records shall be furnished said Executive Judge. Thereafter,
the Executive Judge to whom jurisdiction over the probationer
is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation.
(Sec. 13 of PD 968 )
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CHANGE OF RESIDENCE
• Change of Residence: Transfer of Supervision.
– A Probationer may file a Request for Change of Residence
with the City or Provincial Parole and Probation Office, citing
the reason(s) therefore this request shall be submitted by the
Supervising Probation Office for the approval of the Trial
Court.
– In the event of such approval, the supervision and control
over the probationer shall be transferred to the concerned
Executive Judge of the RTC, having jurisdiction and control
over said probationer, and under the supervision of the City
or Provincial Parole and Probation Office in the place to
which he transferred.

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Outside Travel
1. More than 10 but not more than 30 days (11-30 days)- Outside the
area of operational/territorial jurisdiction of probation Officer
– A Probationer who seeks to travel for up to thirty (30) days outside
the operational/territorial jurisdiction of the Probation Office shall
file at least five (5) days before the intended travel schedule a
Request for Outside Travel (PPA Form 7) with said Office properly
recommended by the Supervising Probation Officer on case and
approved by the CPPO.
2. 30 days above (31 )– The request shall be recommended by the
CPPO and submitted to the Trial Court for approval.
3. 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.

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EARLY DISCHARGE
INCENTIVE/TERMINATION
1. Those who are suffering from serious physical and/or mental disability
such as deaf- mute, the lepers, the crippled, the blind, the senile, the
bed-ridden, and the like;
2. Those who do not need further supervision as evidenced by the
following:
– Consistent and religious compliance with all the conditions
– Positive response to the programs of supervision
– Significant improvements in their social and economic life;
– Absence of any derogatory record while under probation;
– Marked improvement in their outlook in life
– Significant growth in self-esteem, self-discipline and self-fulfillment;
Provided, that, the 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.

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• Those who have to travel abroad due to
any of the following:
– An approved overseas job contract or any
other similar documents; or
– An approved application for scholarship,
observation tour or study grant for a period not
less than six (6) months; or
– An approved application for immigration.

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– An approved application to take the Bar and Board
Examinations.
– To render public service
– Having been elected to any public office; or
– Having been appointed to any public office.
– Provided, however, that the probationers involved
have fully paid their civil liabilities, if any.
– And, that the probationers were not convicted for
offenses involving moral turpitude.

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• To render public service

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– Having been elected to any public office; or –
Having been appointed to any public office. •
NOTA BENE: Provided, however, that the
probationers involved have fully paid their
civil liabilities, if any. And, that the
probationers were not convicted for
offenses involving moral turpitude.
EFFECT OF PROBATION ON
ACCESSORY PENALTIES

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• Accessory penalties are deemed
suspended once probation is granted.
(Baclayon vs. Mutia. 129 SCRA, 148)

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Period of Probation
SENTENCE PERIOD OF PROBATION
Not more than 1 year Not exceeding 2 years
More than one (1) year Not exceeding six (6)

years.
Fine only and the Not be less than nor
offender is made to Serve twice the
Subsidiary total number of days of
Imprisonment in case of subsidiary imprisonment
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insolvency as computed at the rate
established by the RPC
Art. 39.
CONDITIONS IN THE GRANT OF
PROBATION AND ITS
CONSEQUENCE IF VIOLATED

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1. What conditions does the court
impose?
a.Not to commit any offense;
b.Comply with any other conditions imposed
by the court.

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1. Mandatory or Built in Conditions

a. To present himself to the Probation
Officer concerned for supervision within
72 hours from receipt of said order; and
b. To report to the Probation Officer at least
once a month during the period of
probation.
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2. Optional/Discretionary or other Conditions

a. The Probation Order may also require the
probationer in appropriate cases to:
b. Cooperate with a program of supervisor;
c. Meet his family responsibilities
d. Devote himself to a specific employment and not
to change said employment without prior written
approval of the probation officer;
147
e. Comply with a program of payment of civil
liability to the victim of his heirs;

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a. Undergo medical, psychological or psychiatric

examination and treatment and/or enter and
remain in specific institution, when required for
that purpose;
b. Pursue a prescribed secular study or vocational
training;
148
c. Attend or reside in a facility established for
instruction or reaction of persons on probation;
d. Refrain from visiting houses of ill-repute;

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e. Abstain from drinking intoxicating beverages to

excess;
f. Permit the probation officer or unauthorized
social worker to visit his home and place of
work;
149
g. Reside at premises approved by the court and
not to change his residence without prior written
approval; and
h. Satisfy any other condition related to the
rehabilitation of the probationer and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
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CONCEPT OF VIOLATION OF
CONDITIONS
• Any set or commission on the part of
the probationer which is contrary to the
terms and conditions specified in the
probation order.
• The probation officer investigates the
alleged violation and it is established, a
report is submitted to the court.

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• What happens to a probationer if
conditions of probation are violated?
What is a violation of probation?

Any act or any omission on the part
of the probationer with respect to
the terms and condition or probation
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THE COURT in its discretion
may order the:
1. CONTINUATION of the probationer's probation
2. MODIFICATION –depending on the nature and seriousness of the
violation.
3. REVOCATION - If the violation is serious, the court may order the
probationer to serve his prison sentence. The probationer may
also be arrested and criminally prosecuted if the violation is a
criminal offense. There is also the possibility of arrest including
criminal, prosecution of the probationer in the event of
commission of another offense. The REVOCATION proceeding is
summary.
• After considering the nature and seriousness of violation court
may order ARREST of probation.

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• If the probationer committed a crime while
under probation, what would be the
consequences?
1. The probationer will be arrested for violation of the
condition of probation
2. Prosecution of the new crime committed
3. The court will order the serving of the original
sentence of the previous offense
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FACT-FINDING INVESTIGATION
• Based on reasonable cause reported by a
reliable informant or on his own findings, the
SPPO, SrPPO, PPOII, PPOI concerned or the
CPPO himself shall conduct or require the
Supervising Probation Officer on case to
immediately conduct a fact-finding
investigation on any alleged or reported
violation of probation condition(s)
• to determine the veracity and

truthfulness of the allegation.
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REPORT: VIOLATION OF CONDITION
• After the completion of the fact-finding
investigation, the Supervising Probation
Officer on case shall prepare a violation
report containing his findings and
recommendations and submit the same
to the CPPO for review and approval.
Absconding Probationer
– A probationer who has not reported for initial
supervision within the prescribed period and/or
whose whereabouts could not be found, located or
determined despite best diligent efforts within
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reasonable period of time shall be declared by the
proper Office as an absconding probationer.
– Thereafter said Office shall file with the proper
court a Violation Report (PPA Form 8), containing
its findings and recommendation, duly prepared
and signed by the Supervising Parole and
Probation Officer and duly noted by the Chief
Parole and Probation Officer for the court's
resolution.
Violation Report
• The Violation Report shall include,
among others, the following:
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1. accurate and complete statement of the
facts and surrounding circumstances,
concluding but not limited to the:
2. nature, character and designation of the
violation;
3. specific acts and/or omissions constitutive
of the violation;
1. place, date and time of commission or omission
2. statements or affidavits of apprehending officers
and offended parties and
3. other related data and information.

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a. probationer's response, explanation and clarification duly
sworn to before a notary public and other supporting
testimonial, documentary and objective evidence
b. findings, assessment and recommendation of the
Probation Office.
• The Violation Report shall be prepared and signed by the SPPO,
SrPPO, PPOII or PPOI concerned and approved and signed by
the CPPO.
Arrest of Probationer
• After considering the nature and seriousness of violation
court may order arrest of probation.
• Section 15 of PD968- any time during probation the
court may issue a warrant for the arrest of probation for
violation of any of the condition of probation. The
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probationer once arrested, shall immediately be brought
before the court for hearing.
• IFVIOLATIONISESTABLISHED- court may revoked or
continue with modified conditions
May the Arrested Probationer
admitted to Bail?
• Section 15 of PD968 - The defendant may
be admitted to bail pending such hearing.
In such a case, the provisions regarding
release on bail of persons charged with a

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crime shall be applicable to probationers
arrested under this provision.
Hearing of the Violation
• Once arrested and detained, the probationer
shall immediately be brought before the Trial
Court for a hearing of the violation charged.
• The hearing is informal and summary in nature
– The court shall not be bound by the
technical rules of evidence, but may inform
itself of all the facts which are material and
relevant to ascertain the veracity of the
charge.
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– prosecutes but may asked assistance from
the prosecutor office in the presentation of
evidence.
–the probationer shall have
•the right to counsel and given all
the opportunities to be heard.
•the right to be informed of the
violation charged and to adduce
evidence in his favor.
•may be admitted to bail pending
such hearing.
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Modifications of Conditions
1. The period of probation may either be shortened or
made longer, but not to exceed the period set in
law.
2. When the period of probation is no longer necessary
as the probationer is believed no longer a threat to
society and has satisfactorily reintegrated him into
society. The period maybe shortened.
3. But if there a need for the protection of society and
adjustment of probation said – longer but not
beyond 2 or 6 years

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Revocation of Probation
• The following are the two grounds for
revocation of probation.
1. Failure to comply with any condition
2. Commission of another offense
NB: An order revoking the grant of

probation or modifying the terms and
conditions thereof shall not be appealable.
Effect of Revocation: Remedy.
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1. 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 case for which he applied
for probation.
2. A court order modifying the probation
conditions or revoking probationer's
probation shall not be appealable. However,
it may be correctable by certiorari under the
Rules of Court.

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Termination Report
• The City and Provincial Parole and Probation Office shall submit
to the Trial Court a Probation Officer’s Final Report (PPA Form
9) thirty (30) days before the expiration of the period of
probation embodying, among others, the following:
1. Brief personal circumstances of the probationer;
2. Brief criminal circumstances about his case (i.e. Criminal case
number, court, branch, period of probation, initial and last date of
probation)
3. Prescribed probation treatment and supervision program;
4. Probationer's response to the treatment plan/program;
5. Recommendation to discharge the probationer from probation and
the restoration of all his civil rights.
• Such other relevant and material facts and information which
may be required by the Trial Court.

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TERMINATION AND CLOSING
OF PROBATION CASE
• Section 16 of PD 968 - After the period of
probation and upon consideration of the report
and recommendation of the probation officer,
the court may order the final discharge of
the probationer upon finding that he has
fulfilled the terms and conditions of his
probation and thereupon the case is deemed
terminated.

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• The probation supervision period may be
terminated on any of the following grounds:
1. successful completion of probation;
2. probation revocation for cause;
3. death of the probationer;
4. early termination of probation; or
5. 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.
• Nota Bene: Termination Report - 30
days before the termination period.
(Probation Adm. Form no. 9)
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Final Discharge
• After expiration of the original 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 has fulfilled
the probation terms and conditions and,
thereupon, the probation supervision case is
deemed terminated.
• Legal Effect Of Discharge
1.Shall restore to him all civil rights lost or
suspended as a result of conviction.
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2.Fully discharge his liability for any fine as to the
offense which probation was granted but not
civil liability.
The probationer and the probation officer shall
each be furnished with a copy of such order.
NOTE:theprobationer'spoliticalrights
arenotlostorsuspendedevenduring
theprobationperiod.

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Closing of Probation Case
• Section 64. Point in Time. - After actual
receipt of the Termination Order finally
discharging the probationer, the Probation
Office shall formally close the probation case
and keep clients case file.
• Section 65. Mode. - Immediately after such
closure of the probation case, the
corresponding probation records shall be
archived, but not after the proper reporting is
done.
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171
Why do we need to keep
clients case file or Why
probation records
should be archived?
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172
Confidentiality of Probation
Records
• The investigation report and the supervision history of
a probationer shall be privileged and shall not be
disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned,
except that the court, in its discretion, may permit the
probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever
the best interest of the probationer make such
disclosure desirable or helpful.
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Probation 2

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Probation 2

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YOUR PRESENTER:

REYNALDO M. ESMERALDA, M.S.

03/05/2021 Magis Xavier Review Center and 1

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

In the field of Correctional

ORIGIN OF THE TERM PROBATION

• It also derived from the Latin word

• One of the most common forms of community correction.

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5/3/2021 Isabela State University 11

• It is a subsidiary personal liability to be

forjudgment of conviction by the trial

• After the period of probation and upon consideration of the

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

• He was in the forefront of reforming

Magis Xavier Review Center and Training

• As guardian they are kind enough to take charge of the

• Success of probation became known in

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

What is the fatal provision of the

• Section 11. “ This Act shall apply only

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Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and

1. Amicus Curiae – Means friend of the court

Magis Xavier Review Center and Training

1. Assist the court in matters pertaining to

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

No application for probation shall be entertained or granted if

1. P.D. 1257 (December 1, 1977) – participation of the

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

Magis Xavier Review Center and Training

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Magis Xavier Review Center and Training

Probation and Appeal

• In Colinares vs. People, G.R. No. 182748, December 13, 2011,

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Magis Xavier Review Center and Training

03/05/2021 Magis Xavier Review Center and