Disqualification, Termination, and Outside Travel of the probationer

Amended provision of sec 9 of PD 968 by Ra 10707

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.”

Amended provision of sec 16 of PD 968 by Ra 10707

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 16. 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.

“The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended
as a result of his conviction and to totally extinguish his criminal liability as to the offense for which
probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional,
Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of a police officer. They shall be considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation Officers
shall be assisted by such field assistants and subordinate personnel as may be necessary to enable
them to carry out their duties effectively.”
 SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole Officers
in the supervised treatment program of the probationers, the Probation Administrator may appoint
citizens of good repute and probity, who have the willingness, aptitude, and capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In
order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter
shall encourage and support the former to organize themselves in the national, regional, provincial, and

V. FULL BLOWN COURTESY INVESTIGATION AND

TRANSFER OF CONDUCT OF REFERRAL INVESTIGATION

Section 27. Its Nature and Coverage. - 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.
It shall take place when upon initial investigation it is gathered that,

(a)Applicant for probation is a transient offender in the place of commission of the crime and/or a
permanent resident of another place;
(b) He spent his pre-adolescent and/or adolescent life in the province or city of origin;
(c) He attended and/or finished his education thereat; and
(d) His immediate family members, collateral informants or disinterested persons and officials who can
best authenticate the inter-family relationship, upbringing, behavior of the applicant for probation in the
community are residents of the place of his origin.

Section 30. General Courtesy Investigation- All other General Courtesy Investigation (GCI)
mentioned in the three (3) preceding sections not falling within the purview of a FBCI to be conducted
by another Probation Office shall be known as Partial Courtesy Investigation (PCI) which should no
longer be brought to the attention of the Trial Court for the transfer of the conduct of the referral
investigation as mentioned in Sec. 27 of these Rules.

To facilitate immediate and thorough investigation of cases, and to save time, effort and money on the
part of the investigating SPPOs, Sr. PPOs, PPOs II, PPOs I, the GCI which is usually undertaken
outside the area of a Probation Officer's jurisdiction (i.e from Manila to Valenzuela, from Manila to
Quezon City, from Manila to Marikina, etc. and vice-versa) shall henceforth, be resorted to, considering
the monstrous traffic nowadays.

VIII. SUPERVISION OF PROBATIONERS

Section 39. Commencement of Supervision Service- For purposes of these Rules, supervision
service shall commence on the day of initial interview or reporting of a probationer. Such facts shall be
duly noted in the case notes of the client.
 Section 40. Initial Report-
(a)Upon the probationer's appearance for his initial supervision, the Supervising Probation Officer on
case, or CPPO himself shall:
i) give instructions to the client using PPA Form 4 (Statement under oath signed by the petitioner that
he understands the conditions of his probation and that he undertakes to comply with said conditions) in
order to reinforce probationer’s awareness of the probation conditions specified in the Probation Order in a
language or dialect understood by him;
ii) formulate with the client, the supervision treatment plan; and
iii) carry out other related activities

(b)Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order on a particular
probationer the Probation Office through the CPPO shall immediately assign the probation supervision
case to his subordinate Probation Officer. In the event that the probationer does not report for initial
supervision within the prescribed period after the Probation Order has been released by the Trial Court,
or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find said
probationer and conduct such field inquiry as is necessary within a reasonable period of time, before
considering the fact that the subject has absconded amounting to a violation of a probation condition,
requiring the preparation and submission of a Violation Report (PPA Form 8) to the Trial Court.

Section 41. Outside Travel. –

(a)A Probation Officer may authorize a probationer to travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days.

(b)A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a
Request for Outside Travel (PPA Form 7) with said Office properly recommended by the Supervising
Probation Officer on case and approved by the CPPO.

(c) 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.

(d) 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.

Section 42. Change of Residence: Transfer of Supervision–

(a)A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or Provincial
Parole and Probation Office, citing the reason(s) therefore this request shall be submitted by the
Supervising Probation Office for the approval of the Trial Court.

(b) In the event of such 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 the City or Provincial Parole and Probation Office in the place to which he
transferred. Thereafter, the Executive Judge of the RTC to whom jurisdiction over the probationer is
transferred shall have the jurisdiction and control with respect to him which was previously possessed
by the Court which granted probation.

(c)The receiving City or Provincial and Parole and Probation Office and the receiving court shall be duly
furnished each with copies of the pertinent Probation Order, PSIR (PPA Form 3), and other
investigation and supervision records by the sending Probation Office for purposes and in aid of
continuing effective probation supervision treatment over said probationer.

Section 44. Modification or Revision of Probation Conditions– (a) During the probation supervision
period, the Trial Court may motu proprio or, upon motion by the City or Provincial Parole and Probation
Office or by the probationer or his lawyer.

Section 45. Effectivity and Finality of Modified or Revised Probation Order. –

(a) The Trial Court may modify or revise the Probation Order which shall become effective
and final upon its promulgation and receipt thereof by the probationer, unless specified otherwise by
said Order.
XII. TERMINATION OF THE PROBATION SUPERVISION CASE

Section 60. Grounds- The probation supervision period may be terminated on any of the following
grounds:

(a)successful completion of probation;

(b)probation revocation for cause under Section 49 (a-c) of these Rules;
(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.

Section 61. Termination Report. - The City and Provincial Parole and Probation Office shall submit to
the Trial Court a Probation Officer’s Final Report (PPA Form 9) thirty (30) days before the expiration of
the period of probation embodying, among others, the following:

(a)brief personal circumstances of the probationer;

(b)brief criminal circumstances about his case (i.e. criminal case number, court, branch, period of
probation, initial and last date of probation)
(c)prescribed probation treatment and supervision program;
(d)probationer's response to the treatment plan/program;
(e)recommendation to discharge the probationer from probation and the restoration of all his civil rights.
(f)such other relevant and material facts and information which may be required by the Trial Court.

Section 62. Final Discharge. - After expiration of the original or extended probation period and based
on due consideration of the POs final report, the Trial Court may order the final discharge of the
probationer upon finding that he has fulfilled the probation terms and conditions and, thereupon, the
probation supervision case is deemed terminated.

XIII. CLOSING OF THE PROBATION CASE

Section 64. Point in Time- After actual receipt of the Termination Order finally discharging the
probationer, the Probation Office shall formally close the probation case and keep the client's case file.

Section 65. Mode- Immediately after such closure of the probation case, the corresponding probation
records shall be archived, but not after the proper reporting is done.
XIV. PROBATION REPORTS

Section 66. Monthly - The Probation Offices through the CPPO shall submit within the first ten (10)
days of the ensuing month to the Administrator (Attn.: Case Management and Records Division), copy
furnished the RDs concerned, their Monthly Caseload Summary Reports (PPA Form 5) and its
attachment.

Section 67. Semestral- The Probation Offices shall also submit within the first fifteen (15) days of the
ensuing semester to the Administrator, copies furnished the RDs and the PPA Planning Staff with their
respective Semestral Accomplishment Progress Reports containing among others, the list and brief
description of their work accomplishments for the quarter, their encountered problems and suggested
solutions, and other related matters.
Section 68. Annual- The Regional Offices through the RDs shall submit within thirty (30) days of the
ensuing year to the Administrator, copy furnished the PPA Planning Staff, their respective Annual
Reports containing, among others, operational highlights, special programs and projects undertaken
and/or other significant accomplishments for the year.

Thereafter, the Administration shall submit a consolidated accomplishment report to the Secretary of
Justice on or before the last day of February each year as required under Executive
Order No. 292. Sec. 37, Chapter 6, Book IV thereof.