Probation
Probation
PROBATION a term coined or created by John Augustus, from Latin verb “probare” which
means to prove or to test.
EDWARD N. SAVAGE – former Chief of Police in Boston, recognized as the first government
probation officer appointed in Boston in 1878.
President Calvin Coolidge- US President, signed the Probation Act of 1925, which
established probation as a sentence in the federal court.
Richard McSweeney- first salaried Federal Probation Officer, appointed in 1927 in the district
of Massachussetts.
Matthew Davenport Hill- a lawyer and penologist in England, generally believed to have laid
the foundation of probation in England. Regarded as the Father of English Probation System.
Philippines
Act No. 4221 enacted the first probation system in the Phils., enacted on August 7,
1935. This law created a Probation Office under the Dept. of Justice.
On November 16, 1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of the law’s procedural
framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish the Probation
System in the Phils. However it was pending in the Senate when Martial Law was declared and
the Congress was abolished.
Teodulo C. Natividad- initiated the drafting of Probation System. Regarded as the Father of
Phil. Probation system. The first Administrator of the Probation Administration.
Eighteen (18) Technical hearings were done over a period of six (6) months involving
international experts in the field of corrections. After it was presented to a selected group of
jurist, penologist, civic leaders, social and behavioral practitioners, it was overwhelmingly
endorsed the establishment of an Adult Probation System in the Phils.
Fifteen (15) probation officers were selected from the first batch of trainees for an
observation tour to the Los Angeles Training Academy on April 1, 1977.
Presidential Decree (PD) 968 – also known as the Probation Law of 1976 (Sec.1) was
enacted on July 24, 1976 by then President Ferdinand E. Marcos. This law gave birth to
Probation Administration, under the DOJ.
Batas Pambansa (BP) 76, signed June 9, 1980, extending the benefits of probation to
convicted offenders whose prison sentence imposed was six (6) yrs and one (1) day.
PD 1990, promulgated on October 15, 1985, provided that the application for probation
shall no longer be entertained or granted if the defendant has perfected an appeal from the
judgment of conviction. Further, it also amends BP 76 returning it to six (6) yrs.
Executive Order 292 of 1987 renamed Probation Administration to Parole and Probation
Administration with additional mandate, to include supervision of parolees and pardonees.
Parole and Probation Administration (PPA) is an agency under the Department of Justice.
PPA’s motto: Redeeming Lives, Restoring Relationship
Probation - is a disposition under which a defendant, after conviction and sentence, is released to
the
supervision of a Probation Officer, subject to the conditions imposed by the court.
“Absconding Petitioner” – a petitioner whose application for probation has been given due
course by the proper court who has failed to present himself/herself to the proper office within
seventy-two (72) hrs. from his/her receipt of the probation order or within the reasonable time
therefrom, and who cannot be located despite efforts exerted.
“Absconding Probationer” – a probationer who has not reported for the initial supervision within
seventy-two (72) hrs. from receipt of the order and/or whose whereabouts could not be found,
located or determined despite due diligence within five (5) days shall be declared by the proper
office as an absconding probationer.
"Probation Officer" - Public Officer like the Chief Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Probation and
Parole Officer II (PPOII), or Probation and Parole Officer I (PPOI), who investigates for the Trial
Court a referral for probation or supervises a probationer or does both functions and performs
other necessary and related duties and functions as directed
Parole & Probation Administration (PPA) -is the agency under the Dept. of Justice which
is responsible in supervision and control of all Probation Officers, and promulgates rules and
procedures on probation process, subject to the approval of the Secretary of Justice.
ADVANTAGES OF PROBATION
1. The person is spared from the degrading, embittering and disabling experience of
imprisonment;
2. Offender can continue to work in his place of employment;
3. Family ties remain intact, thus preventing a broken home;
4. Less expensive which cost is only one-tenth of the cost that of imprisonment; and
5. Helps relieve prison congestion.
POLICY /GUIDELINES
Probation may be granted by the court only after the conviction of a defendant;
Upon application by the said defendant within the prescribed period for perfecting an appeal.
(i.e.15 days, Rules of Court).
Shall be filed with the Trial Court which has jurisdiction over the case.
The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
After the conduct of Post-Sentence Investigation by the Probation Officer and 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.
Under Sec. 70 of RA 9165, upon promulgation of the sentence, the court may, in its
discretion, place the accused under Probation for a First-Time Minor Offender in Lieu of
Imprisonment, even if the sentence provided under this Act is higher than that provided
under existing law on probation. The supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of Pardons and
Parole and the Probation Administration;
The application for probation shall be resolved by the trial court not later than 15 days from
the date of receipt of the PSIR. (pur to IRR of PD 968, dated 29 Jan 2004);
Pending submission of investigation & resolution of a petition, the defendant may be allowed
on temporary liberty under his bail filed in the criminal case. Provided, that in case where no
bail was filed or that is incapable of filing one, the court may allow the release of the
defendant on recognizance to the custody of a responsible member of the community who
shall guarantee his appearance whenever required by the court’’.
Supervision service shall commence on the day of initial interview or reporting of a
probationer.
Within five (5) working days from receipt of said delegated assignment (or self -
assignment), the investigating Probation Officer on case (or CPPOfficer) shall initially
interview the applicant if he appeared in the Probation Office upon response to the seventy-
two (72) hours limitation given to him by the Trial Court. If not, the Probation Officer on
case may write the applicant in his court given address, or personally visit applicant's place
to schedule an initial interview at the Probation Office.
If the petitioner cannot be located despite due diligence, before it shall report such fact and
be declared as absconding petitioner and recommended for the denial of his probation or
court’s appropriate acction, shall first consider the surrounding circumstances of place, date
and time, health condition and other related factors appertaining to the petitioner.
During such initial interview, the Probation Officer on case or CPPO shall require the applicant
to accomplish and sign a Post-Sentence Investigation Work Sheet. The investigating
Probation Officer on case or CPPO shall conduct further investigation based on the
information contained therein. A Waiver-Cum-Authorization, authorizing the PPA and/or the
Probation Office to secure any and all information on the applicant, shall be duly executed
and signed by him.
Post Sentence Investigation Report (PSIR) will be submitted to the concerned court
within 60 days upon receipt of order from the court directing the Probation Officer to
conduct the same. Shall be signed by the investigating Probation Officer approved by CPPO
with their initials on each page.
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 penalty was rendered, or in
the trial court where such case has since been re-raffled. (amended by Sec. 4, RA 10707-
11/26/2015- AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE
“PROBATION LAW OF 1976”, AS AMENDED).
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.
The filing of probation of one or more several accused shall make the decision of the trial
court final as to them but not those who have taken further appeal.
The decision in the appeal shall not affect those who applied for probation except insofar as
the judgement of the appellate court is favorable and applicable to the latter.
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.(amended by Sec. 4,
RA 10707).
The trial court shall notify the concerned prosecuting officer of the filing of the application at
a reasonable time it deems necessary before the scheduled hearing thereof, and the latter
may submit his comment on the application within ten (10) days from receipt of the
notification.
An application for probation shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable.
Probation may be granted whether the sentence imposes a term of imprisonment and/or a
fine with subsidiary imprisonment.
Full Blown Courtesy Investigation (FBCI) is a General Courtesy Investigation (GCI) from another
City or Provincial Parole and Probation Office which requests for a complete PSIR on a petition for
probation pending referral investigation in the Probation Office of origin.
Partial Courtesy Investigation (PCI) is General Courtesy Investigation (GCI) not falling within
the purview of a FBCI, to be conducted by another Probation Office which should no longer be
brought to the attention of the Trial Court for the transfer of the conduct of the referral
investigation.
Transfer of Referral Investigation: When proper and warranted under the circumstances, a
FBCI, may be brought to the attention of the Trial Court to transfer the conduct of the referral
investigation to the Probation
Office of the province or city of origin of applicant for probation.
Transfer to Executive Judge: In case of the suitability for probation of the applicant for
probation, it shall be recommended in the PSIR by the Probation Office, that simultaneous w/ the
grant of probation, the control over the applicant & probation rehabilitation program be transferred
to the Executive Judge of the RTC of the province or city of origin subject to the actual visitation &
supervision of the Probation Officer of the said province or city.
PERIOD OF PROBATION
The period of probation of a defendant sentenced to a prison term of not more than one (1)
yr shall not exceed two (2) yrs, and in all other cases, said period shall not exceed six
(6)yrs”.
When the sentence imposes a fine only and the defendant is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate established in Art.39 of RPC, as amended”.(Amended by RA 10159)
The following probationers may be recommended for early termination of their probation period:
1. Those suffering from serious physical and/or mental disability such as deaf-mute, lepers,
crippled, bed-ridden, and the like;
2. Those who do not need further supervision as evidenced by the ff:
a. Consistent & religious compliance w/ all the conditions imposed in the order granting
probation;
b. Positive response to the programs of the supervision designed to their rehabilitation;
c. Significant improvement to their social & economic life;
d. Absence of any derogatory record while on probation;
e. Marked improvement in their outlook in life by becoming socially aware and
responsible members of the family and community; and
f. Significant growth in self-esteem, self-discipline and self-fulfillment.
“Provided that the probationer 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) MOS.”
b. To render public service having been elected or appointed to any public office.
PROVIDED, however, that the probationer involved have fully paid their civil liabilities, if any. And
the probationer was not convicted for offense involving moral turpitude.
INDEMNIFICATION
The payment of civil liability to the probation officer on case to be remitted to the victim is
prohibited
CONDITIONS OF PROBATION
Every probation order issued by the court shall contain conditions requiring that the probationer
shall:
MANDATORY CONDITIONS
a. Present himself to the probation officer designated to undertake his supervision at such place
as may be specified in the order within 72 hrs 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 order.
OTHER CONDITIONS- The court may also require the probationer to:
a. Cooperate with a program of supervision;
b. Meet his family responsibilities;
c. Devote himself to specific employment & not to change said employment w/o prior written
approval of the probation officer;
d. Undergo medical, psychological or psychiatric examination/treatment and enter & remain in
a specified institution, when req’d for that purpose;
e. Comply with a program of payment of civil liability to the offended party or his/her heirs,
when required by the trial court as embodied in its decision or resolution;
f. Pursue a 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;
i. Abstain from drinking intoxicating beverages to excess;
j. Permit his probation officer or an authorized social worker to visit his home and place of
work;
k. Reside at premises approved by it and not to change his residence without its written
approval;
l. Participate in tree planting activities in accordance with Memorandum Circular No. 13, series
2003; and/or
m. Satisfy any other conditions related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.
The probationer once arrested and detained shall immediately be brought before the court
for hearing which is summary in nature, of violation charged; (however, defendant maybe
admitted to bail pending such hearing)
In the hearing or proceeding for violation of probation conditions, the probationer shall have
the right to counsel of his own choice, or to request that a counsel be appointed if the
probationer cannot obtain counsel. For the prosecution of violation of probation, the State
shall be represented by the proper prosecuting officer.
If the violation is established, the court may modify the conditions and continue his probation
or revoke in which case the court shall order the probationer to serve the sentence originally
imposed.
An order revoking of probation or modifying the terms and conditions thereof shall not be
appealable
MODIFICATION OF CONDITIONS OF PROBATION
During the period of probation, the court may motu proprio or, upon motion/manifestation by
the CPPO or by the probationer or his/her lawyer, revise or modify the conditions or period of
probation.
The court shall notify either the probationer or the probation officer of the filing of such an
application so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the CPPO and the probationer of any change in the period or
conditions of probation.
The probation supervision period may be terminated on any of the following grounds:
a. Successful completion of probation;
b. Probation revocation for cause;
c. Death of the probationer;
d. Early termination of probation; or
e. 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.
TERMINATION OF PROBATION
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.
TERMINATION REPORT
The Probation Office shall submit to the trial court a Probation Officer’s Final Report five (5) days
before the expiration of the period of probation embodying, among others, the ff:
a. Brief personal circumstances of the probationer
b. Brief criminal circumstances about his case (i.e. CCNo., Court Branch, period of probation,
initial & last
date of probation)
c. Prescribed probation treatment & supervision program
d. Probationer’s response to the treatment plan/program
e. Recommendation to discharge the probationer from probation & the restoration of all his
civil rights; and f. Such other relevant & material information w/c may be required by the
trial cour
The final discharge of the probationer shall operate to restore to him all his civil rights lost or
suspended 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 w/o prejudice to his civil liability. It is hereby
understood the probationer’s political rights are not lost or suspended even during the probation
period.
The probationer & probation office shall be promptly furnished w/ copies of such final discharge
or Termination Order.”
MANNER OF APPOINTMENT
QUALIFICATIONS:
Chief Probation Officer (formely Provincial or City Probation Officer): Bachelor’s degree with
major in any of the following areas: Social Work, Sociology, Psychology, Criminology, Penology,
Corrections, Police Science, Police Administration, or other related fields or Bachelor of Laws; with
four (4) years of progressively responsible experience in probation or other related work or three
(3) years of supervisory experience; forty (40) hours or supervisory/management learning and
development intervention undertaken within the last five (5) years; Career Service Professional/
Second Level Eligibility or RA 1080. (CSC Res.# 1700142, promulgated 17 Jan 2017)
Maximum Supervision- this requires personal contact at least once a week with the
probationer/ parolee including at least once a month report in person at the Probation Office
to attend to the ladderized therapeutic community program. The probation officers provide
their clients with services such as employment assistance, vocational training, education,
medical assistance and seed money for livelihood activities and home industries.
Medium Supervision- This requires once a month personal contact with the
probationer/parolee and attendance to therapeutic community ladderized program and few
services from the probation office and/or community resources.
Minimum Supervision- this requires once a month personal contact and attendance to the
therapeutic community ladderized program.
PROBATION REPORTS
MONTHLY – The Probation Offices thru the CPPO shall submit within the first ten (10) days of the
ensuing month to the Administrator, copy furnished the RDs concerned, their MONTHLY CASELOAD
SUMMARY REPORTS.
SEMESTRAL- The Probation Offices shall also submit within the first (15) days of the ensuing
semester to the Administrator, copy furnished the PPA w/ their respective Semestral
Accomplishment Progress Reports containing among others, list & brief description of their work
accomplishments, their encountered problems & suggested solutions, & other related matters.
ANNUAL – The Regional Office thru RDs shall submit within 30 days of the ensuing year to the
Administrator copy furnished the PPA their respective annual reports.
On or before the last day of February each year, the Administration (PPA) shall submit a
consolidated accomplishment report to the Secretary of Justice.
Functions:
As Direct Supervisor: Supervise a maximum of five (5) clients at any given time;
work closely with Officer-On-Case or CPPO/OIC and discuss treatment plan and status of
clients; submit monthly accomplishment report to the Officer-On-Case or CPPO/OIC and
other reports required; and perform such other task as may be assigned by the Officer-
On-Case or CPPO/OIC.
Caseload:
The VPAs shall supervise eighty percent (80%) of the clients. The maximum caseload of
each VPA shall be five (5) clients (1:5).