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