Probation 2
Probation 2
Probation 2
– Bill Cosby
APPROACHES OF PHILIPPINE
03/05/2021 2
CORRECTIONAL SYSTEM
Institutional Non-Institutional
That aspect of the correctional enterprise That aspect of the correctional enterprise
that involves the incarceration and that includes pardon, probation, and parole
rehabilitation of adults and juveniles activities, correctional administration not
convicted of offenses against the law, and directly connectable to institutions, and
the confinement of persons suspected of a miscellaneous (activity) not directly
crime awaiting trial and adjudication. related to institutional care.
03/05/2021 3
WHAT IS PROBATION?
• Section 3(a) of Presidential Decree 968, as amended
defines probation as a disposition under which an
accused, after conviction and sentence, (the penalty
of which DOES NOT exceed 6 years of imprisonment,)
is released subject to conditions imposed by the court
and to the supervision of a probation officer.
• A sentence in which the offender, rather than being
incarcerated, is retained in the community under the
supervision of a probation agency and required to
abide by certain rules and conditions to avoid
incarceration.
03/05/2021 4
Services
Magis Xavier Review Center and Training
03/05/2021 5
Services
may take the form of continuing probation or revoking
probation and subsequent institutionalization.
Magis Xavier Review Center and Training
03/05/2021 7
Services
PROBATION BASICS
JOHN AUGUSTUS
Magis Xavier Review Center and Training
03/05/2021 26
Services
• He was a philanthropist and shoemaker at
Franklin Avenue near the Courthouse.
• He originated in rudimentary form, many of the
techniques of probation officers and other social
workers today, including casework, foster home
placement, and protective work for women and
children. This was brought about by the changing
attitudes of the people towards law breaker and
the removal of the inherited attitudes from the
PURITANS.
• He began to visit courthouse because of his
membership with the Washington Total
Abstinence Society, formed in Boston in 1841 to
promote temperance and to reclaim drunkards.
– 1st year – he took only men charge with drunkenness
– then men and women charge with other offense
– then children/ number of cases increases each yea
PROBATION IN THE
PHILIPPINES
THE ADULT PROBATION LAW OF 1935
As to the The Law provides that an order Nowhere in the old Probation Law
appealability of granting or denying probation shall can there be found a provision to
the order not be appealable. (Section 4) this effect.
granting or
denying
probation
RECOGNIZANCE
• For a person suspected of having committed a crime but not yet
convicted, release upon recognizance was a form of conditional
release for a specified period of time. A recognizance was a
form of agreement which bound the defendant to good behavior
during release and committed the defendant to appear in court
on a givendate for trial or final disposition of his case.
• Entering into a recognizance may or may not have required
surety.
• If surety was required, the person who stood surety for the
offender was legally responsible for the offender. The person
who stood surety had the power and the duty to enforce the
conditions of release and return the offender to court if he
committed an offense or failed to abide by any other of his
conditions of release for the specified period of time.
53
TRANSPORTATION
• This was developed from an
ancient practice of banishment and
flourished for more than two
hundred years as a principal
method of disposing offenders. It
served mainly as cheap source of
supplying labor to the colonies of
England.
Magis Xavier Review Center and Training
03/05/2021 54
Services
03/05/2021 Magis Xavier Review Center and Training
Services
Bail
• Both in England and in the United States, the practice of
bail with recognizance has been of major historical
significance as the fundamental stage in the development
of probation.
• Today, bail is used exclusively for the purpose of assuring
a defendant's appearance for trial.
• Originally, bail was used as a method of assuring a
defendant's appearance for trial and also for providing a
temporary suspension of final action in a case. The
defendant was placed in the custody of the person who
stood surety for him; therefore, the person who "went bail"
for the defendant had a financial interest in seeing that the
55
defendant appeared in court as directed and followed any
other instructions of the court.
DEFINITION OF TERMS
57
4. Defense Counsel/Counsel- lawyer of
the petitioner
5. Petition- application for probation.
6. Petitioner - a convicted defendant who
files an application for probation.
7. Probationer - means a person placed
on probation.
8. Probation Investigation - The process of selection,
diagnoses and planning with the client.
Magis Xavier Review Center and Training
03/05/2021 58
Services
9. Probation Supervision- The continuous process of
helping the client to follow through with the plans, re-
evaluation and working with the client in the process
of planning his life to meet dynamic situation.
10.Probation Officer - It means one who investigates for
the court a referral for probation or supervises a
probationer or both.
11.Probation Order - order of the trial court
granting probation
12.Probation Office - refers either to the Provincial
or City Probation Office directed to conduct
Magis Xavier Review Center and Training
03/05/2021 59
Services
investigation or supervision referrals as the case
may be;
13.Prosecutor- lawyer of the victim.
14.Trial Court - refers to the Regional Trial Court
(RTC) of the Province or City/Municipal Court
which has jurisdiction over the case.
61
3. Promote the betterment of offenders
by ensuring that they receive
appropriate rehabilitation services
Purpose of the Probation Law
1. As an individual and community-based
treatment- Section 2(a) connotes a
personal relationship between the
offender and a probation officer, the
latter exercising supervision over the
former. This relationship assumes the
Magis Xavier Review Center and Training
03/05/2021 62
Services
willingness of the offender to be on
probation.
2. As an opportunity for reformation- Section 2
(b) expresses the concept of probation as
an opportunity for reformation. The basis for
such assertion is the idea that probation is a
humane correctional treatment of offenders.
Inherently, the concept recognizes the lesser
probability of reformation if a duly convicted
and sentenced.
3. To prevent the commission of offense-
Essential Elements of
Probation
1. A post sentence investigation report which will
serve as the informational for the court’s
decision to grant or deny probation.
Magis Xavier Review Center and Training
03/05/2021 65
Services
2. The conditional suspension of execution of
sentence by the court.
3. Condition of probation imposed by the court to
protect public safety and to faster the
rehabilitation and reformation of the probationer.
4. Supervision, guidance and assistance of the
offender by a probation officer.
•
Basic Elements of Probation
1. A suspension of the sentence
Services
PRESIDENTIAL Section 3
DECREE NO. xxx NONE
1257 In the hearing, which shall be summary in nature, the probationer
shall have the right to be informed of the violation
charged and to adduce evidence in his favor. The court
shall not be bound by the technical rules of evidence but
may be inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. The
State shall be represented by a prosecuting officer in
any contested hearing.
xxx
N.B.
The defendant has the right to be informed of the violation charged and to adduce
evidence in his favor.
Sec. 4 Sec. 33
xxx xxx
That the application of its substantive provisions That, the application of
concerning the grant of probation shall only take effect its substantive on January
3, 1978." provisions concerning xxx the grant of probation
shall only take effect
twelve months. Magis Xavier Review Center and Training Xxx
03/05/2021 73
BATAS The probation system shall not be extended to a The probation system
PAMBANSA convicted offenders sentenced to serve a maximum shall not be extended
BLG. 76 term of imprisonment of more than six (6) years and to a convicted
one (1) day.
offenders sentenced to
N.B. The probational period is six (6) years and one (1)
day and below serve a maximum term
of imprisonment of
more than six (6) years.
N.B. The probational
period is six (6) years
and below.
xxx
Any person sentenced to maximum penalty of six
years and one day on January 3, 1978 and
NONE
thereafter may be placed on probation upon his
application therefore with the court of origin.
However, such person serving sentence shall
remain in jail pending the approval of his
03/05/2021 application.
Magis Xavier Review Center and Training
XXX Services 74
Services
PRESIDENT The decree restore the provision of section 9 of
IAL PD 968 that probation shall not be extended to a
DECREE convicted offenders sentenced to serve a
NO. 1990 maximum term of imprisonment of more than six
(6) years. It that senses the decree impliedly
amended the provision of BP 76.
Section 1 amending Section 4 of PD no. 968. NONE
Xxx
Provided; That no application for probation shall
be entertained or granted if the defendant has
perfected the appeal from the judgment of
conviction.
Xxx
NB: Appeal and probation is a mutually exclusive
remedy; meaning once a defendant filed his appeal it
is a deemed waiver of the filing of probation.
The period of perfecting an appeal is also the period
of perfecting an application/filing for probation. In
general, the period of perfecting an appeal is fifteen
(15) days from the promulgation of sentence.
Magis Xavier Review Center and Training
03/05/2021
73Servic
es
EXECUTIVE It renamed the Probation Administration created under PD 968 into
ORDER NO. 292 Parole and probation Administration.
It also extended the powers and function of the PPA. It includes the
following:
a. Administer the parole and probation system;
b. Exercisegeneral supervision over all parolees and
probationers;
c. Promote the correction and rehabilitation of offenders; and
d. Such other functions as may hereafter be provided by law.
xxx
(2)The Administration shall have a Technical Service under the Office
of the Administrator which shall serve as the service arm of the Board
of Pardons and Parole in the supervision of parolees and pardonees.
The Board and the Administration shall jointly determine the staff
complement of the Technical Service.
xxx
Magis Xavier Review Center and Training
03/05/2021
Services
74
Republic Act No. 10707 - An act amending PD No. 968,
otherwise known as the “Probation Law of 1976”, as
amended
75
penalty was rendered, or in the trial court where such case
has since been re-raffled.
03/05/2021 Magis Xavier Review Center and
Training Services
77
GRANT OF PROBATION
• Section 1, Republic Act No. 10707
– the trial court may, after it shall have convicted
and sentenced a defendant for a probationable
penalty and upon application by said defendant
within the period for perfecting an appeal,
suspend the execution of the sentence and
place the defendant on probation for such
period and upon such terms and conditions as
it may deem best.
88
03/05/2021 Magis Xavier Review Center and
Training Services
94
93
Training Services
03/05/2021
Services
•if more than 1 probationof not less
imprisonmen than two thousand
6
t of not (200) hundred pesos; pesos -
month
disqualif
and 1 qualified
less ied for
for day probatio
than one n
month
or more
Magis Xavier Review Center and Training 98
- probation
an
disqualified
one day
and/or fine
for
97
4. Those who have been ONCE on probation
under the provisions of PD No. 968, as
amended;
- Accordingly, one who has been on probation only under
the child and Youth Welfare Code as amended and the
Dangerous Drugs Code of 1972 as amended will not be
disqualified. The reason form this is that the treatment given
under those latter laws is of a different kind from that under
PD 968 as amended.
5. Those who are already serving sentence at the
time substantive provisions of the decree
became applicable pursuant to section 33 of
PD 968. (As amended by BP Blg. 76, and PD
1990, October 5, 1985)
REQUIREMENTS AND PROCEDURE
Magis Xavier Review Center and Training
03/05/2021 98
Services
IN THE APPLICATION OF
PROBATION
• Is there a need to apply for probation to avail
of its benefits?
• - Yes, it will not be granted except upon the
application by the accused. The necessity for
such application is indicated in Sec. 4, PD
968, which states that “the trial court may,
after it shall have convicted and sentenced a
defendant and upon application by said
defendant within the period of perfecting an
appeal.
Magis Xavier Review Center and Training
03/05/2021 99
Services
• Requisites before an offender can be
placed on probation
1. A post sentence investigation by the
officer;
2. A determination by the court that the
end of justice will be served and the
best interest of the public and that of
the offender will be served thereby.
• Where and when to file the petition for probation?
• Where: A petition for probation shall be filed by the
applicant for probation or the petitioner with the
2 The court determines convict qualifications and notifies the prosecutor of the
filing of the petition
5 Thepost-sentence investigation
report(PSIR) is submitted
bytheprobation
officertothecourtwithin60days
7 Thecourtgrantsor deniesthepetitionforprobation
within15daysupon
receiptofthePSIR.
03/05/2021 104
Magis Xavier Review Center and Training
Services
105
03/05/2021 Magis Xavier Review Center and Training
Services
PPA forms
1. PPA FORM NO. 1 - Post-Sentence Investigation
Work Sheet
2. PPA FORM NO 2 - Waiver-Cum-Authorization
3. PPA FORM NO 3 - Post-Sentence Investigation
Report
4. PPA FORM NO 5 - Monthly Caseload Summary
Reports
5. PPA FORM NO 7 - Request for Outside Travel
6. PPA FORM NO 8- Violation Report
7. PPA FORM NO 9- Probation Officer’s Final Report
Magis Xavier Review Center and
03/05/2021 106
Training Services
8. PPA FORM NO 10- Office Order
107
9. PPA FORM NO 11 - Payment Plan
10.PPA FORM NO 14 - General Inter-Office Referral
11.PPA FORM NO 15- Case Classification
12.PPA FORM NO 16- Supervision Treatment Plan
13.PPA FORM NO 17- Supervision Case Notes
14.PPA FORM NO 18 - Attendance Monitoring Form of
Clients
15.PPA FORM NO 19 - Termination Form
1. PPA FORM NO 22- Arrival Report
2. PPA FORM NO 23 - Certificate of undertaking
3. PPA FORM NO 24 - Change of Residence
Magis Xavier Review Center and
03/05/2021 108
Training Services
4. PPA FORM NO 25 - Pre-Parole/Pre-Executive
Clemency Investigation Report
5. PPA FORM NO 26 - Certificate of No Pending Case
6. PPA FORM NO 30- Psychological/Clinical
evaluation referral
7. PPA FORM NO 32 - Followup letter
8. PPA FORM NO 33- Standard Cover Letter
9. PPA FORM NO 42 - Certificate of No Appeal
POST-SENTENCE INVESTIGATION
(PSI)
03/05/2021 109
An investigation conducted by a probation
agency or other designated authority at the
request of a court into the past behavior,
family circumstances, and personality of an
adult who has been convicted of a crime, to
assist the court in determining the most
appropriate sentence.
114
03/05/2021 Magis Xavier Review Center and
Training Services
115
03/05/2021
Magis Xavier Review Center and Training
Services
116
03/05/2021 Magis Xavier Review Center and
Training Services
117
Purpose of PSIR
• The PSIR aims to enable the Trial Court to
determine whether or not the ends of justice
and the best interest of the public primarily,
as well as that of the applicant, would be
served by the grant or denial of the
application. (Section 23 of Parole and
probation administration omnibus rules on
probation methods and procedure)
•
03/05/2021 Magis Xavier Review Center and Training 118
Services
CONTENTS OF PSIR
1. The circumstances surrounding the crime or offense for
which the applicant was convicted and sentenced
2. Details of other criminal records
3. Personal circumstances, educational, economic and
sociocivic data and information about the applicant
4. Characteristics of applicant, employable skills, employment
history, collateral information.
5. Evaluation and analysis of the applicant's suitability and
legal capacity for probation and his potential for
rehabilitation, reform, development, transformation and
reintegration into the community.
119
03/05/2021 Magis Xavier Review Center and Training
Services
123
CONFIDENTIAL NATURE OF POST-SENTENCE
INVESTIGATION
130
03/05/2021 Magis Xavier Review Center and
Training Services
03/05/2021 131
Magis Xavier Review Center and Training
Services
• He does not question the finding of facts of the trial court but
only the reasonableness of the order based therein.
•
Magis Xavier Review Center and Training
03/05/2021 132
Services
PROBATION ORDER
• Section 32. Nature of Probation: Effect of the Grant of
Probation. –
– 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.
– 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.
03/05/2021
EFFECTIVITY OF THE PROBATION ORDER
(SECTION 11, PD NO. 968)
• A probation order shall take effect upon receipt by
the petitioner, and on the same date the probation
period shall commence, unless otherwise specified
by the court.
• Upon the issuance of the probation order, the court
shall inform the probationer of the consequences
thereof and explain upon his failure to comply with any
of the conditions in the said order, or his commission
of another offense, he shall serve the sentence
originally imposed for the offense for which he was
placed on probation.
146
03/05/2021 Magis Xavier Review Center and Training
Services
147
e. Comply with a program of payment of civil
liability to the victim of his heirs;
148
c. Attend or reside in a facility established for
instruction or reaction of persons on probation;
d. Refrain from visiting houses of ill-repute;
150
CONCEPT OF VIOLATION OF
CONDITIONS
• Any set or commission on the part of
the probationer which is contrary to the
terms and conditions specified in the
probation order.
• The probation officer investigates the
alleged violation and it is established, a
report is submitted to the court.
03/05/2021
03/05/2021 153
Violation Report
• The Violation Report shall include,
among others, the following:
Magis Xavier Review Center and Training
03/05/2021 157
Services
1. accurate and complete statement of the
facts and surrounding circumstances,
concluding but not limited to the:
2. nature, character and designation of the
violation;
3. specific acts and/or omissions constitutive
of the violation;
1. place, date and time of commission or omission
2. statements or affidavits of apprehending officers
and offended parties and
3. other related data and information.
Arrest of Probationer
• After considering the nature and seriousness of violation
court may order arrest of probation.
• Section 15 of PD968- any time during probation the
court may issue a warrant for the arrest of probation for
violation of any of the condition of probation. The
Magis Xavier Review Center and Training
03/05/2021 159
Services
probationer once arrested, shall immediately be brought
before the court for hearing.
• IFVIOLATIONISESTABLISHED- court may revoked or
continue with modified conditions
May the Arrested Probationer
admitted to Bail?
• Section 15 of PD968 - 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
171
Why do we need to keep
clients case file or Why
probation records
should be archived?
03/05/2021 Magis Xavier Review Center and Training
Services
172
Confidentiality of Probation
Records
• The investigation report and the supervision history of
a probationer shall be privileged and shall not be
disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned,
except that the court, in its discretion, may permit the
probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever
the best interest of the probationer make such
disclosure desirable or helpful.
173
03/05/2021 Magis Xavier Review Center and Training
Services
174