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PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES ON

PROBATION METHODS AND PROCEDURES

VI. PROBATION ORDER


Section 31-34

Calangi, William & Saway, Angelika Shane


Section 31. Period to Resolve the Application for
Probation.
 The application for probation shall be resolved
by the Trial Court not later than fifteen (15)
days from the date of its receipt of the PSIR.
Section 32. Nature of Probation: Effect of the Grant
of Probation
 (a) 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.
 (b) The grant of probation has the effect of suspending the
execution of sentence. The Trial Court shall order the release
of the probationer's cash or property bond upon which he
was allowed temporary liberty as well as release the
custodian on ROR from his undertaking.
Section 33. 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 failure
to comply with any of the conditions prescribed in the
said order or his commission of another offense under
which he was placed on probation.
 Upon receipt of the Probation Order granting probation
the same shall be entered in a Docket Book for proper
recording. An order of denial shall be docketed as well
Section 34. Finality
 The Order of the court granting or denying probation
shall not be appealable.
VII. TERMS AND CONDITIONS OF
PROBATION
Section 34-37

Calangi, William & Saway, Angelika Shane


Section 35. Mandatory Conditions.
 (a) to present himself to the Probation Office for
supervision within 72 hours from receipt of said
order; and
 (b) to report to the assigned SPPO, SrPPO, PPOII or
PPOI 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
Section 36. Other Conditions.
 (a) cooperate with his program of probation treatment and
supervision;
 (b) meet his family responsibilities;
 (c) devote himself to a specific employment and not to
change said employment without prior written approval of
the CPPO;
 (d) undergo medical, or psychological, or clinical, or drug or
psychiatric examinations and treatment and remain in a
specified institution, when required for that purpose;
Section 36. Other Conditions.
 e) comply with a program of payment of civil liability to the
offended party or his heirs, when required by the Trial Court
as embodied in its decision or resolution;
 (f) pursue a prescribed secular study or vocational training;
 (g) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
 (h) refrain from visiting houses of ill - repute;
Section 36. Other Conditions.
 (i) abstain from drinking intoxicating beverages to excess; (j)
permit the Supervising Probation Officer on case or an
authorized social workers to visit his home and place of
work;
 (k) reside at premises approved by the Trial Court and not to
change his residence without prior written approval of said
court; and/or
 (l) satisfy any other conditions related to his rehabilitation
into a useful citizen which is not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
Section 37. Indemnification.
(Please see “Guidelines on Payment of Civil Liability”, Annex
“30”, p. 253) Payment for civil liability shall be done using the
following modes:

a) Payment can be given to the Clerk of Court of the Trial


Court, who will in return hand over the sum to the victim who
shall issue a corresponding receipt; a copy of which should be
given by the probationer to the Probation Office in order to
monitor such payment;
Section 37. Indemnification.
(b) Payment may be deposited by the probationer to the
victim’s account where the bankbook is kept at the Probation
Office to be given to the victim for his proper disposition;
(c) Payment can be effected directly to the victim and the
receipt must be filed in the supervision record of the
probationer kept at the Probation Office.
Further, that the practice of giving the payment to the
Supervising Probation Officer on case (or the CPPO) to be
remitted to the victim, although with receipts, should be highly
discouraged and discontinued outrightly

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