Conditions of Probation
Mandatory Conditions after the Grant of Probation (sec 10, PD 968)
The probationer shall be required to:
1. Present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within 72 hours from receipt of said order.
2. Report to the probation officer at least once a month at such time and place as specified by
said order.
General Conditions:
1. The probationer must present himself to his probation officer within 72 hours
2. Report to his probation officer at least once a month
3. Not to commit another crime
4. Comply with any other lawful conditions imposed by the court.
Other Conditions which may be imposed
- Read: Section 10, PD
968 https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html (Links to an external site.)
INFRACTION
- Violation of probation conditions.
- Read: Section 15, PD
968 https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html (Links to an external site.)
What is the effect if the probationer committed an infraction which is considered a crime?
a. The probationer will be arrested for violation of the condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original sentence of the previous offense
Procedure in case the Probationer violated the condition/s of the Probation Order
1. The court may issue a warrant of arrest of the probationer.
2. He shall be brought before the court for a hearing of the violation charged. The hearing
shall be summary in nature.
3. If the violation is established, the court may:
a. revoke the probation, in which case the probationer shall be made to serve the sentence
originally imposed; or
b. continue his probation and modify the conditions thereof
Modification of Conditions
When can the Court Modify the Conditions for Probation?
a. at any time during supervision
b. after summary hearing when the probationer violated any of its conditions
c. upon application by the probation officer or the probationer himself
Note: Only the judge who heard and decided the case has the power to grant, deny, modify,
revoke and terminate probation.
Section 12, PD 968 - Modification of Condition of Probation
- During the period of probation, the court may, upon application of either the probationer
or the probation officer, revise or modify the conditions or period of probation. The court shall
notify either the probationer or the probation officer of the filing such an application so as to
give both parties an opportunity to be heard thereon.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified
by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons
on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place or
work;
(j) reside at premises approved by it and not to change his residence without its prior written
approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.
The probationer, once arrested and detained, shall immediately be brought before the court for a
hearing, which may be informal and summary, of the violation charged. 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 crime shall be applicable to probationers arrested under this provision. If the
violation is established, the court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.
