Ca2 Midterm
Ca2 Midterm
PROBATION SYSTEM
Course Description:
▪Drug Trafficking
▪Drug Pushing
SUMMARY PROCESS ON GRANTING PROBATION
The application for probation based on the modified decision shall be filed in the court
of origin or in the trial court where such case has been re-raffled. The Petition for
Probation must include a Certified True Copy of the Modified Decision of the Appellate
Court. Moreover, the Petitioner should inform the appellate court of its intention to
apply for probation by filing a manifestation or copy furnishing it of its petition to apply
for probation. This notwithstanding, the accused shall lose the right to apply for
probation on a modified decision should he/she seek a review of the modified decision
which already imposes a probationable penalty. (As amended by RA 10707)
PROBATION OF SOME ACCUSED AFTER
JOINT TRIAL AND CONVICTION
▪ When two (2) or more accused are tried jointly and convicted, and some have taken
further appeal, the other accused who did not file an appeal may apply for probation by
filing a petition for probation within fifteen (15) days from the promulgation of judgment
or notice thereof and attaching thereto a certified true copy of the judgment of
conviction.
▪ The trial court shall act on the petition for probation even after it shall have forwarded
the entire records of the case to the appellate court and despite the pendency of the
appeal of the other accused.
▪ The filing of probation of one or more several accused shall make the decision of the
trial court final as to them but not to those who have taken further appeal.
▪ The decision in the appeal shall not affect those who applied for probation except
insofar as the judgment of the appellate court is favorable and applicable to the latter.
SECTION 12. Form. The application for probation shall be in the
form approved by the Secretary of Justice as recommended by the
Administrator or as may be prescribed by the Supreme Court.
SECTION 16. Docket Book. All court orders for PSI, copies of which were received by the
Porbation Office, shall be numbered consecutively in the order received by said Office and
recorded in its Docker Book.
SECTION 17. Effects of Filing and Receipt. -The Trial Court may, upon receipt of the
application filed, suspend the execution of the sentence imposed in the judgment.
SEC. 19 Assignment - After receipt of the referral order from the Trial Court, the Probation
Office concerned shall docket and assign the case to an Investigating Officer (IO)
▪ c) If the petitioner remains unlocated despite due diligence, one shall be declared as an
absconding petitioner hence a recommendation for denial shall be submitted to the court
for appropriate action.
Scope and Extent of PSI
In case the petitioner has a criminal record(s), such should be verified with the
proper government entity(ies) as to its disposition, resolution which has/must
be properly reflected in the PSIR. If there is a need to obtain information or
clarify conflicting data, refer to Title IV. The 10 shall assess, identify suitable
treatment programs, and recommend appropriate probation conditions to the
court (SECTION 21).
SEC. 22 Collateral Information - During the conduct of the PSI, collateral
information must be gathered from those persons who have direct personal
knowledge of the petitioner, offended party family members, and/or their
relatives, including barangay officials and disinterested persons.
If the petitioner whose application for probation has been given due course by
the proper court but failed to present himself/ herself to the proper Office within
seventy-two (72) hours from receipt of the Probation Order or within reasonable
time therefrom, said Office shall exert diligent efforts to inquire on, and locate
petitioner's whereabouts before it shall report such fact with an appropriate
recommendation to the proper court considering the surrounding
circumstances of place, date and time, health condition and other related
factors appertaining to petitioner.
GENERAL INTER-OFFICE REFERRAL (GIOR)
b. He/she spent his/her pre-adolescent and/or adolescent life in the province or city of
origin;
POST-SENTENCE
INVESTIGATION REPORT
(PSIR)
Course Description:
SEC. 29 Purpose- The PSIR aims to enable the trial court to determine
whether or not the ends of justice and primarily the best interest of the public,as
well as that of the petitioner, would be served by the grant or denial of the
application.
SEC. 30 Contents
a. Circumstances surrounding the crime or offense for which the petitioner was
convicted and sentenced taken from the petitioner himself/herself, offended
party, and others, who might have knowledge of the commission of the crime or
offense, and pertinent information taken from the police and other law
enforcement agencies, if any, and Trial Court records:
b. Details of other criminal records, if any;
g. Data and information the petitioner’s financial condition and capacity to pay,
his/her civil liability, if any;
h. Result of courtesy investigation whether FBCI or PCI (See sec. 24 and 25 of
this Rules), if any, conducted in the birth place or place of origin of petitioner
especially if he plans to resides thereat while on probation, if ever his/her
application will be granted;
The final recommendation contained on the last page of the PSIR is persuasive in
character addressed to the sound discretion of the Trial Court considering that the
denial or grant of probation is a judicial function (SECTION 31).
Signatories
The PSIR shall as a rule be prepared by the 10 and approved by the CPPO. Both shall
initial each and all the pages thereof, except the last page on which they shall affix their
respective signatures ( SECTION 32).
The petition 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 33).
PROBATION ORDER
a. Probation is but a mere privilege and as such, its grant or denial rests solely upon
the sound discretion of the Trial Court. After its grant, it becomes a statutory
right and it shall only be cancelled 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 bail bond upon which
he/she was allowed temporary liberty or release the custodian from his/ her
undertaking.
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/her failure to comply with any of the conditions
prescribed in the said order or his/her commission of another offense,
he/she shall serve the penalty imposed for the offense under which
he/she 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 as to application for probation
shall be docketed as well (SECTION 35).
TERMS AND CONDITIONS OF PROBATION
Mandatory Conditions.
The Probation Order may also require the probationer, among others, to:
k. Reside at premises approved by the Trial Court and not to change his/her
residence without prior written approval of said court;
Commencement of Supervision Service
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.
(b) There is an undue risk that during the period of probation the
offender will commit another crime; or
b) If the requested outside travel is for more than thirty (30)days said request
shall be recommended by the CPPO and submitted to the Trial
Court for approval.
c) Outside travel for a cumulative duration of more than thirty (30) days within
a period of six (6) months shall be considered as a courtesy supervision.
CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION
a) A Probationer may file a Request for Change of Residence(PPA Form 24) with the
Probation Office, citing the reason(s)therefore. This request shall be submitted by the
CPPO/OIC for the approval of the Trial Court.
b) Upon approval, the supervision and control over the probationer shall be transferred
to the concerned Executive Judge of the RTC, having jurisdiction and control over
said probationer, and under the supervision of Probation Office in the place to which
he/she transferred.
Thereafter, the Executive Judge of the Regional Trial Court to whom jurisdiction over
the probationer is transferred shall have the jurisdiction and control with respect to
him/her which was previously possessed by the court which granted probation.
VIOLATION OF PROBATION CONDITION
1. Fact finding investigation order of the court to the Chief Probation and
Parole Officer
2. The PPO prepare and submit violation report to the Chief Probation and
Parole Officer
And, that the probationers were not convicted for offenses involving
moral turpitude. Other probationers who have fully cooperated
with/participated in the programs of supervision designed for their
rehabilitation and who are situated under conditions/circumstances
similar in nature to those above described at the discretion of the
proper authorities.
VOLUNTEER PROBATION ASSISTANTS(RA 10707)
Qualifications: Volunteer Probation Assistant (VPA) must be:
a) Citizens of good repute and probity, who have the willingness, aptitude and
capability to act as VPAS;
b) Preferably twenty-five (25) years old and above;
c) Preferably a resident of the same community as the client;
d) Willing to serve without compensation
e) Capable to prepare reports;
f) No criminal conviction, however, former clients with exemplary behavior fit
to be role models may be considered; and
g) Of good health.
Caseload - VPAS shall supervise Eighty Percent (80%) of the
clients. The maximum caseload of each VPA shall be 5
clients (1:5).
GROUNDS:
B. Probation revocation for cause under Section 49a (i-iii) of these rules
C. Death of a probationer
(b) The probationer and the probation office shall be promptly furnished with
copies of such final discharge or Termination Order.
LEGAL EFFECTS OF FINAL DISCHARGE:
TERMINATION ORDER (RA 10707)