Post Sentence Investigation Report (PSIR)

After the completion of the PSIR, the parole and probation office shall submit it to the trial court within
60 days or within the period ordered by the trial court.

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.

The court's decision whether to either grant or deny probation is guided by the content of PSIR
submitted by the probation office.

As embodied in the rules, the PSIR shall contain, among others, the following:

a. Circumstances surrounding the crime or offense for which the applicant was convicted and
sentenced, taken from the applicant himself, the 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 the trial court record.

b. Details of other criminal records, if any;

c. Personal circumstances, educational, economics and socio-civic data and information about the
applicant;

d. Characteristics of the applicant, employable skills, employable history and collateral information;

e. Evaluation and analysis of the applicant suitability and legal capacity for probation and his/her
potential for rehabilitation, reform, development, transformation and re-integration into the community;

f. Recommendation to: (a) grant the application, including probation period, probation conditions and
probations treatment and supervision plan/ program, or (b) deny the application;

g. Data and information on the applicant's financial condition and capacity to pay his/her civil liability,
if any;
h. Results of findings of drug, psychological and clinic test conducted, if any;

i. Results of criminal records, if any, whether decided or still pending furnished by various law
enforcement agencies tapped by the (Parole and) Probation Office for such purpose;

J. Results of courtesy investigation, whether GCI/FBCI or PGCI, if any conducted in the both place or
place of orig of origin of the applicant especially if he plans to reside thereat while on probation, if
his/her probation will be granted; and ever

k. Other analogous and related matters

To obtain additional data or clarify discrepancies between the information received from the applicant
and those secured from other sources, the investigating Probation (and Parole) Officer and/or the
Chief Probation and Parole Officer who may conduct such subsequent for further interviews on the
applicant and/or other persons as maybe deemed proper and necessary.

The entire PSIR submitted to the trial court is recommendatory in nature and the final
recommendation contained on the last page of the PSIR is persuasive in character addressed to the
sound discretion of the trial court. This is in consideration that the denial or grant of probation is a
judicial function (Sec. 25 of the PPA Omnibus Rules on Probation Methods and Procedures).

The only capacity of the probation officer charged with the PSI is to recommend actions that maybe
taken into consideration by the court.

As a rule, the PSIR shall be prepared by the investigating Parole and Probation Officer (PPO) on
case and approved by the CPPO. Both shall initial each and all of the pages except the last page on
which they shall affix their respective signatures.

Full Blown Courtesy Investigation (FBCI)

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 (and Parole) Office of origin.

This is carried out through the General Inter Office Referral (GIOR) conveyed from one parole and
probation office to another. In this case, the receiving office prepares a courtesy investigation order to
be issued to personnel who will be tasked to tackle the said investigation.
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 of city of origin;

c. He attended and/or finished his education there;

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 origin.

Transfer of Referral Investigation

When proper under the immediately preceding section 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 (Parole and) Probation Office of the province or city if origin of the applicant for
probation.

Transfer to the Executive Judge

In case of the suitability for probation of the applicant for probation, it shall be recommended in the
PSIR by the (Parole and) Probation Office that simultaneous with the grant of probation the control
over the applicant and his rehabilitation program be transferred to the Honorable Executive Judge of
the RTC of the Province or City of origin.

Without doubt, the person to be placed on probation is subjected to the actual visitation and
supervision of the probation (and Parole) Officer of the said province or city where the jurisdiction was
transferred.

Partial Courtesy Investigation (PCI)

All other General Courtesy Investigation (GCI) mentioned in the three preceding sections not falling
within the purview of a FBCI to be conducted by another (Parole and) Probation Office shall be known
as Partial Courtesy Investigation (PCI). This may no longer be brought to the attention of the Trial
Court for transfer of the conduct of the referral investigation.

PCI covers only portion of information needed to complete the content of PSIR. It entails an
investigation that does not necessarily be done thoroughly as long as the needed piece of information
(which is only portion of the whole bulk of information) is obtained. There might be information that
could not be obtained in the place of investigation and it may be gathered through this means. This is
necessary to facilitate immediate and thorough investigation of cases and to save time, effort and
money on the part of investigating office.

Criteria for Placing an Offender on Probation

In determining whether an offender may be placed on probation, the court shall consider all
information relative to the character, antecedents, environment, mental and physical condition of the
offender and available institutional and community resources.

On the other hand, probation shall be denied if the court finds that:

a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or it might be that a convict may not respond to the probation treatment
or programs designed for his reformation and rehabilitation thus; making it futile or ineffective. It
would be better therefore, to incarcerate the person so that his effective correction maybe attained.

b. there is undue risk that during the period of probation the offender will commit another crime; or if
based on the assessment of the court, the person has the greatest possibility to be involved or
engaged I in any criminal activity while he is under probation.

c. probation will depreciate the seriousness of the offense committed. This means that the court
seemed not to consider the seriousness of the crime especially on moral or social grounds. The court
may consider the deeper aspect of crime with respect to the offended party and the state as well.
While the penalty of the crime rime maybe probationable, it does not automatically mean that his
crime is deemed less serious.

Disqualified Offenders

The latest provision of R.A. 10707 of 2015 which amended the P.D. 1990 of 1985 states that the
benefits of offenders 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;

This law introduced slight changes from the older provision of P.D. 1990 which is "convicted of
subversion or any crime against the national security or the public order."

c. who has previously been convicted by final judgment of an offense punished by imprisonment of
more than six months and one day and/or a fine of more than one thousand pesos;

The above-mentioned is an amendment of the provision of P.D. 1990 which stated "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 less than Two Hundred Pesos".

d. who has been once on probation under the provisions of this Decree; Probation can be availed
only once in a lifetime. An applicant's application for probation for the second time is a ground of
denial.

e. who are already serving sentence at the time the substantive provisions of P.D. 968 became
applicable.

f. whose conviction is on appeal

g. who are convicted of an offense against the Omnibus Election Code, Insurgency Law, and Wage
Rationalization Act.

Conditions of Probation

Every probation order issued by the court shall contain conditions requiring that the probationer shall:

a. present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours 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
officer.
These are considered mandatory conditions of probation that the court must impose in the eventual
grant of probation.

The court may also require the probationer to:

a. cooperates with a program of supervision;

b. meets his family responsibilities;

c. devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;

d. undergoes medical, psychological or psychiatric examination and treatment and enter and remain
în a specified institution, when required for that purpose;

e. pursues a prescribed secular study or vocational training;

f. attend or reside in a facility established for instruction, recreation or residence of persons on

probation;

g. refrain from visiting houses of ill-repute;

h. abstains from drinking intoxicating beverages to excess;

i. permit to probation officer or an authorized social worker to visit his home and place or work;

j. resides at premises approved by it and not to change his residence without its prior written
approval; or

k. satisfies any other condition related to the rehabilitation of the defendant and not unduly restrictive
of his liberty or incompatible with his freedom of conscience.
The above-mentioned are discretionary on the part of the court as it is dependent on whatever is
appropriate or suitable to each probationer based on the PSIR. This is in fulfillment of the principle of
probation "individualized treatment" since all probationers cannot be treated alike.

Indemnification

Indemnification is the payment of civil liability to the victim as determined by the court who issued the
conviction. A person placed on probation is not spared from settling all his civil liabilities resulting from
his conviction of a criminal offense. This in observance of the welfare of the offended party who
deserves to be compensated from being a victim of crime; had it not for becoming a victim, they could
not have suffered in any way

According to Section 37 of the Omnibus Rules on Probation Methods and Procedures,

indemnification shall be done using the following mo modes:

a. Payment can be given to the Clerk of Court of the Trial Court who will in return hand over the sum
to the victim who shall issue a corresponding receipt;

b. A copy of which should be given by the probationer to the (Parole and) Probation Office in order to
monitor such payment;

c. Payment may be deposited by the probationer to the victim's account where the bankbook is kept
at the (Parole and) Probation Office to be given to the victim for his proper disposition; and

d. Payment can be effected directly to the victim and the receipt must be filed in the supervision
record of the probationer at the (Parole and) Probation Office.

Period to Resolve the Application for Probation

The PPA Omnibus Rules on Probation Methods and Procedures ruled that the application for
probation shall be resolved by the trial court not later than fifteen days from the date of the receipt of
the PSIR.

Effectivity of Probation Order

A probation order shall take effect upon its issuance, at which time the court shall inform the offender
of the consequences thereof. The court also explains that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he shall serve the
penalty imposed for the offense under which he 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 shall be recorded as well.

Nature of Probation: Effect of the Grant of Probation

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 canceled or
revoked for cause after due notice and hearing.

While appeal is a matter of right, probation is a matter of privilege. This means that it is only granted
to those offenders who are qualified under the law and at the sound discretion of the court. It means
further that being a disqualified applicant has no more privilege to apply and enjoy the benefits of
probation.

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 cash or property bond upon which he was allowed temporary
liberty as well as release the custodian on ROR from his undertaking.

This would emancipate the custodian from his responsibility over the person released on
recognizance. Bail posted will also be released to the probationer in his favor. However, the court may
require that the fine and civil liabilities of the probationer will be taken from his bail especially if it is a
personal cash bond.

The Order of the Court granting or denying probation shall not be appealable.

During the period of probation, the court may, upon application of either the probationer 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 such an application so as to give both parties an
opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in the period
or conditions of probation.

It is further provided under the rule that the modified or revised probation order shall become effective
and final upon its promulgation and receipt thereof by the probationer unless specified otherwise in
the order.

Without this formality of procedure, the court or probation office cannot compel compliance by the
probationer on the modified conditions or period.

Supervision of Probationers

As provided by the P.D. 968 as amended, the probationer and his probation program shall be under
the control of the court who placed him on probation subject to actual supervision and visitation by a
parole and probation officer.

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 Regional Trial Court. In such case,
a copy of the probation order, the investigation report and other pertinent records shall be furnished to
the 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.

Purposes of Supervision

The primary purposes of probation supervision are:

a. To ensure the probationer's compliance with the probation conditions specified in the Probation
Order and the prescribed probation treatment and supervision program/plan.

As mentioned earlier, the probationer is bound to abide with all the conditions and probation treatment
embodied in his/her probation order. This is vital for his reformation and rehabilitation as a convict.
Otherwise, his/ her failure to comply with those stipulated conditions and treatment programs are
grounds for his commitment to either jail or prison.
b. To manage the process of the probationer's rehabilitation and community. re-integration into the
community.

While in the community, a probationer's life is not the same with the life of a free individual. He is
undergoing treatments or programs that are geared towards his rehabilitation and reformation. A
parole and probation officer is then mandated to ensure the effectiveness of these treatments through
supervision or monitoring. In the time that a probationer is about to be terminated from his probation,
the said officer will also assist the probationer to adjust or to prepare him to live as a totally free
individual in the society.

c. To provide guidance for probationer's transformation and development into a useful citizen for his
eventual re-integration to the mainstream of society.

The end result of probation will come into realization if the recipients (probationers) were well-
reformed and rehabilitated as well as productive individuals. The moment that probationers are done
with their probation, there are knowledge, skill, characters, and values that they may have gained
from it.

Commencement of Supervision Service

For purposes of these Rules, supervision service shall commence in the day of initial interview or
reporting of a probationer to the Parole and Probation Office designated by the court where he will
report. Such facts shall be duly noted in the case notes of the clients.

Initial Report of the Probationer

Upon the probationer's appearance for initial supervision, the Supervising Probation (and Parole)
Officer or the CPPO himself shall:

a. Give instructions to the clients using PPA Form 4 in order to reinforce probationer's awareness of
the probation’s conditions specified in the Probation Order in a language or dialect understood by
him;

b. Formulate with client the supervision treatment plan. Probation supervision individualizes the
correctional process, including individualization of the goals and objectives. the
c. Carry out other related activities. Upon receipt of the copy of PPA Form 4 and a copy of the
Probation Order on a particular probationer, the (Parole and) Probation Office through the CPPO shall
immediately assign the probation supervision case to his subordinate Probation (and Parole) 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 is unknown, the
Probation Officer shall exert his best effort to find said probationer and conduct such field inquiry as is
necessary within a reasonable period of time.

After all these efforts have been exerted and yet the supposed probationer could not be traced or
located, the probation officer may already consider the fact that the subject has absconded
amounting to a violation of a probation condition. This will now require the probation officer to prepare
and submit a Violation Report (PPA Form to the Trial Court.

Outside Travel of a Probationer

In accordance with the PPA Omnibus Rules on Probation Methods and Procedures, here are some
procedures to be observed in case a probationer wishes to travel outside the operational/territorial
jurisdiction of the Parole and Probation Office charged with the supervision.

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

b. If the requested outside travel is 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 courtesy supervision. This is carried out by office-to-office referral as it
is usually practiced. It is also stressed by Ibis (2018) that a travel of even more than six months still
requires courtesy supervision unless otherwise transfer of supervision shall be applied. In this case,
courtesy supervision documents will be transmitted by the referring office to the receiving office.

A probationer cannot just transfer or change his residence to other places not covered by the
jurisdiction of the Parole and Probation Office charged with his/ her supervision. Hence, a proper
protocol must be done prior to such transfer or change of residence. As provided by the rules, the
following procedure must be adhered into:
a. A probationer may file a Request for Change of Residence (PPA Form 24) with City of Provincial
Parole and Probation Office, citing the reason(s) therefore this request shall be submitted by the
Supervising Probation (and Parole) Officer for approval by 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.

The Executive Judge of 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 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 the other
investigation and supervision records by the sending (Parole and) Probation Office for purposes and
in aid of continuing effective probation supervision treatment over said probationer. The said copies to
be furnished will serve as basis or guide of the receiving office regarding all the nature, extent, scope,
and all aspects of supervision and treatment to be done towards the herein referred transferred
probationer.