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Section 3(a) of Presidential Decrees 968, as amended, defines probation as a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. 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 disqualifications imposed by law.
Disqualified Offenders
Probation under PD No. 968, as amended, is intended for offenders who are 18 years of age and above, and who are not otherwise disqualified by law. Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years; (2) convicted of subversion or any offense against the security of the State, or the Public Order; (3) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos; (4) who have been once on probation under the provisions of this Decree;
Post-Sentence Investigation
The Post-Sentence Investigation (PSI) and the submission of the Post-Sentence Investigation Report (PSIR) are pre-requisites to the court disposition on the application for probation.
Period of Probation
The period of probation is in essence a time-bound condition. It is a condition in point of time which may be shortened and lengthened within the statutory limits and the achievements by the probationer of the reasonable degrees of social stability and responsibility from the measured observation of the supervising officer and the exercise discretion by the court in decisive order.
Probation Conditions
The grant of probation is accompanied by conditions imposed by the court:
- The mandatory conditions require that the probationer shall (a) present himself to the probation officer designated to undertake his supervision at each place as may be specified in the order within 72 hours from receipt of said order, and (b) report to the probation officer at least once a month at such time and place as specified by said officer.
- Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and rehabilitation outside of prison and right in the community to which he belongs.
A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation. Consequent to the revocation, the probationer will have to serve the sentence originally imposed.
Modification of Conditions of Probation
During the period of probation, the court may, upon application of either the probationers 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 of such an application so as to give both parties an opportunity to be heard thereon.
Transfer of Residence
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 case, a copy of the Probation Order, the investigation report and other pertinent records shall be furnished to 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.
Revocation of Probation
At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with crime shall be applicable to probationers arrested under this provision. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.
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.
Programs and Services
- Post-Sentence Investigation. After conviction and sentence, a convicted offender or his counsel files a petition for probation with the trail court, who in turn orders the Probation Officer to conduct a post-sentence investigation to determine whether a convicted offender may be placed on probation or not. The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not later than 60 days from receipt of the order of the Court to conduct the said investigation.
- Pre-Parole Investigation. The PAROLE AND PROBATION ADMINISTRATION - (PPA) conducts pre-parole investigation of all sentenced prisoners confined in prisons and jails within their jurisdiction. The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or any form of executive clemency and to discuss with them their plans after release. Probation officers submit their pre-parole assessment reports to the Board of Pardons and Parole.
- Supervision of Offenders. The Agency supervises two types of offenders under conditional release: (1) probationers, or persons placed under probation by the courts; (2) parolees and pardonees, or prisoners released on parole or conditional pardon and referred by the Board of Pardons and Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION - (PPA) (PPA). The objectives of supervision are to carry out the conditions set forth in the probation/parole order, to ascertain whether the probationer/parolee/pardonee is complying with the said conditions, and to bring about the rehabilitation of the client and his re-integration into the community.
- Rehabilitation Programs. The treatment process employed by the field officers focused on particular needs of probationers, parolees and pardonees. Assistance is provided to the clientele in the form of job placement, skills training, spiritual/moral upliftment, counseling, etc.
Community Linkages
Probation/Parole, as a community-based treatment program, depends on available resources in the community for the rehabilitation of offenders. Thus, the Agency, recognizing the important role of the community as a rehabilitation agent, involves the community in probation work through the use of volunteer workers and welfare agencies.
Presidential Decree No. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the supervision of probationers, parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or where the residence of the clientele is very far from the Parole and Probation Office. As defined, a Volunteer Probation Aide is a volunteer who is a citizen of good moral character and good standing in the community, who has been carefully selected and trained to do volunteer probation work. He is appointed by the Administrator after successful completion of the Introductory Training Course for probation volunteers. His term of office is one year but can be renewed thereafter or terminated earlier depending upon his performance and willingness to serve.
Further, the PAROLE AND PROBATION ADMINISTRATION - (PPA), through its Community Services Division, Regional and Field Offices nationwide, has been tapping government/non-government organizations/individuals for various rehabilitation programs and activities for probationers, parolees and pardonees.
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