Probation Reports and Procedures

General Provisions

• These rules are known as the "Parole and Probation Administration Omnibus Rules on Probation Methods and Procedures" or simply "Probation Rules".
• The objectives are to:
  • Promote correction and rehabilitation of an offender through individualized community-based treatment.
  • Provide an opportunity for reformation and re-integration into the community.
  • Prevent the commission of offenses.

Application for Probation

• Application for probation shall be filed with the Trial Court that has jurisdiction over the case.
• Time for filing: any time after conviction and sentence, but within the period for perfecting appeal as provided by the Rules of Court.
• Form: application shall be in the form approved by the Secretary of Justice.
• Notice to the Prosecuting Officer: the Trial Court may notify the Prosecuting Officer of the filing of the application.
• Comment: the Prosecuting Officer may submit comments within a reasonable time given by the Trial Court.

Post-Sentence Investigation

• Referral to the Probation Office: the Trial Court shall order the Probation Office to conduct a Post-Sentence Investigation (PSI) on the applicant.
• Post-Sentence Investigation Report (PSIR): the Probation Office shall submit the PSIR to the Trial Court within 60 days from receipt of the order.
• Docket Book: the Probation Office shall record the court orders for PSI in its Docket Book.
• Effects of Filing and Receipt: the Trial Court may suspend the execution of the sentence and allow the applicant temporary liberty under bail or recognizance.

Post-Sentence Investigation Report

• Contents: the PSIR shall contain, among others, the following:
  • Circumstances surrounding the crime or offense.
  • Personal circumstances, educational, economic, and socio-civic data.
  • Evaluation and analysis of the applicant's suitability for probation and potential for rehabilitation.
  • Recommendation to grant or deny the application.
• Submission: the Probation Office shall submit the PSIR to the Trial Court within the period prescribed by the Probation Law of 1976, as amended.
• Purpose: the PSIR aims to enable the Trial Court to determine whether the ends of justice and the best interest of the public and the applicant would be served by the grant or denial of the application.

Full Blown Courtesy Investigation and Transfer of Conduct of Referral Investigation

• Full Blown Courtesy Investigation (FBCI): a comprehensive investigation conducted by another Probation Office to gather information about the applicant's background and circumstances.
• Transfer of Referral Investigation: the Trial Court may transfer the conduct of the referral investigation to the Probation Office of the province or city of origin of the applicant for probation.

Probation Order

• Period to Resolve the Application: the application for probation shall be resolved by the Trial Court not later than 15 days from the date of its receipt of the PSIR.
• Nature of Probation: probation is a privilege, and its grant or denial rests solely upon the sound discretion of the Trial Court.
• Effect of the Grant of Probation: the grant of probation has the effect of suspending the execution of sentence.### Probation Order
• A probation order takes effect upon issuance and informs the offender of the consequences of failure to comply with conditions or committing another offense.
• The Probation Order is entered into a Docket Book for proper recording.
• An order of denial is also docketed.

Finality of Probation Order

• The Order of the court granting or denying probation is not appealable.

Terms and Conditions of Probation

• Mandatory conditions of probation:
  • Presenting oneself to the Probation Office for supervision within 72 hours from receipt of the order.
  • Reporting to the assigned Probation Officer at least once a month.
• Other conditions that may be required:
  • Cooperating with the program of probation treatment and supervision.
  • Meeting family responsibilities.
  • Devoting oneself to a specific employment.
  • Undergoing medical, psychological, or clinical examinations and treatment.
  • Complying with a program of payment of civil liability to the offended party.
  • Pursuing a prescribed secular study or vocational training.
  • Attending or residing in a facility for instruction, recreation, or residence.
  • Refraining from visiting houses of ill repute.
  • Abstaining from drinking intoxicating beverages to excess.
  • Permitting the Probation Officer to visit the home and place of work.
  • Residing at approved premises and not changing residence without prior written approval.
  • Satisfying any other conditions related to rehabilitation.

Indemnification

• Payment of civil liability can be done through:
  • Payment to the Clerk of Court, who will hand over the sum to the victim.
  • Deposit to the victim's account, where the bankbook is kept at the Probation Office.
  • Direct payment to the victim, with a receipt filed in the supervision record.

Supervision of Probationers

• Purpose of probation supervision:
  • Ensuring compliance with probation conditions.
  • Managing the process of rehabilitation and reintegration.
  • Providing guidance for transformation and development.
• Commencement of supervision service:
  • Supervision service commences on the day of initial interview or reporting.
  • Fact noted in the case notes of the client.

Initial Report

• Initial report contents:
  • Instructions to the client using PPA Form 4.
  • Formulation of the supervision treatment plan.
  • Other related activities.
• The Probation Office assigns the probation supervision case to the subordinate Probation Officer upon receipt of a copy of PPA Form No. 4 and a copy of the Probation Order.

Outside Travel

• Authorized travel:
  • Up to 30 days outside the operational/territorial jurisdiction of the Probation Office with a Request for Outside Travel (PPA Form 7).
  • More than 30 days with approval from the Trial Court.
• Courtesy supervision:
  • Outside travel for a cumulative duration of more than 30 days within a period of six months.

Change of Residence

• Request for Change of Residence (PPA Form 24):
  • Submitted to the City or Provincial Parole and Probation Office.
  • Approved by the Trial Court.
• Transfer of supervision and control:
  • To the concerned Executive Judge of the RTC having jurisdiction and control.
  • Under the supervision of the City or Provincial Parole and Probation Office in the place of transfer.

Absconding Probationer

• Declaration of absconding:
  • Failure to report for initial supervision within the prescribed period.
  • Whereabouts unknown despite best efforts.
• Filing of a Violation Report (PPA Form 8) with the Trial Court.

Modification or Revision of Probation Conditions

• During the probation supervision period:
  • The Trial Court may modify or revise the Probation Order motu proprio or upon motion.
  • The Probation Office or the probationer or his lawyer may file a motion.
• Effectivity and finality of the modified or revised Probation Order:
  • Becomes effective and final upon promulgation and receipt by the probationer, unless specified otherwise.

Violation of Probation Condition

• Concept:
  • A probationer's specific act and/or omission constituting a violation of probation condition.
• Fact-finding investigation:
  • Conducted by the SPPO, SrPPO, PPOII, PPOI, or CPPO.
  • Determines the veracity and truthfulness of the allegation.

Report: Violation of Condition

• After the fact-finding investigation:
  • The SPPO prepares a Violation Report (PPA Form 8) containing findings and recommendations.
  • Submission to the CPPO for review and approval.
• Filing of the Violation Report with the Trial Court.

Violation Report

• Contents:
  • Accurate and complete statement of the facts and surrounding circumstances.
  • Probationer's response, explanation, and clarification.
  • Findings, assessment, and recommendation of the Probation Office.
• Signatories and submission:
  • Prepared and signed by the SPPO, SrPPO, PPOII, or PPOI.
  • Approved and signed by the CPPO.

Arrest of Erring Probationer

• Issuance of a warrant:
  • After considering the nature and gravity of the violation.
  • The Trial Court may issue a warrant for the arrest of the probationer.

Hearing of the Violation of Probation

• Summary hearing:
  • The probationer has the right to be informed of the violation charged.
  • The probationer may adduce evidence in his favor.
  • The court is not bound by the technical rules of evidence.

Disposition: Effect of Revocation: Remedy

• After the hearing:
  • The Trial Court may order the continuance of the probationer's probation.
  • Modification of the probation conditions.
  • Revocation of probation.
• Revocation of probation:
  • The probationer serves the sentence originally imposed.
  • The court order modifying the probation conditions or revoking probation is not appealable.

Right to Counsel

• The probationer has the right to counsel of his own choice during the hearing or proceeding.

Representation for the State

• The State is represented by the proper prosecuting officer during the hearing or proceeding.

Early Termination

• Coverage:
  • Probationers who are suffering from serious physical and/or mental disability.
  • Those who do not need further supervision.
  • Those who have fully cooperated with/participated in the programs of supervision.
• Procedure:
  • The Supervising Probation Officer on case prepares the motion for the modification of probation.
  • The motion is forwarded for review and clearance to the Regional Director.
  • The motion is filed with the Trial Court.

Probation Aides

• Qualifications:
  • Citizens of good repute and probity.
  • At least 18 years of age.
  • At least high school graduates.
  • Preferably residents of the same locality or community.
• Functions:
  • Assisting the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI in the supervision of probationers.
  • Preparing records of activities and accomplishing related reports.
  • Undertaking other related activities.### Probation Aides
• Probation Aides are appointed by the Probation Administrator or Regional Directors within their respective areas of responsibility.
• They are appointed based on the recommendation of the Chief Probation and Parole Officers (CPPOs).
• Probation Aides hold office during good behavior for a period of two years, renewable at the end of each period.
• They can be terminated at any time for unsatisfactory performance for at least two consecutive semesters or for other lawful and valid causes.

Caseload

• Probation Aides are assigned probation supervision caseloads based on their qualifications, length of service, work accomplishments, and other related criteria.
• The maximum supervision caseload for a Probation Aide is ten (10) probationers on minimum case classification or three (3) probationers on maximum case classification in addition to other duties.

Termination of Probation Supervision Case

• The probation supervision period may be terminated on the following grounds:
  • Successful completion of probation
  • Probation revocation for cause
  • Death of the probationer
  • Early termination of probation
  • Other analogous causes or reasons on a case-to-case basis

Termination Report

• The City and Provincial Parole and Probation Office shall submit a Probation Officer's Final Report (PPA Form 9) to the Trial Court 30 days before the expiration of the period of probation.
• The report shall include:
  • Brief personal circumstances of the probationer
  • Brief criminal circumstances about the case
  • Prescribed probation treatment and supervision program
  • Probationer's response to the treatment plan/program
  • Recommendation to discharge the probationer from probation and restore all civil rights

Final Discharge

• After the expiration of the original or extended probation period, the Trial Court may order the final discharge of the probationer upon finding that they have fulfilled the probation terms and conditions.
• The probation supervision case is deemed terminated upon final discharge.

Legal Effects of Final Discharge

• The final discharge of a probationer shall operate to restore to them all civil rights lost or suspended as a result of their conviction.
• It shall also fully discharge their liability for any fine imposed as to the crime or offense for which probation was granted.

Closing of Probation Case

• After the receipt of the Termination Order, the Probation Office shall formally close the probation case and keep the client's case file.
• The corresponding probation records shall be archived.

Probation Reports

• The Probation Offices shall submit the following reports:
  • Monthly Caseload Summary Reports (PPA Form 5) within the first 10 days of the ensuing month
  • Semestral Accomplishment Progress Reports within the first 15 days of the ensuing semester
  • Annual Reports within 30 days of the ensuing year

Miscellaneous Provisions

• All probation forms shall be contemporaneously prescribed and approved as integral parts of these Rules.
• The Probation Supervisor's Investigation Report (PSIR) and supervision case notes of a probationer shall be privileged and not disclosed directly or indirectly to anyone other than the Parole and Probation Administration, the Trial Court, or other courts concerned.

Authority to Issue Rules or Rulings

• The Administrator may issue rules or rulings to clarify, interpret, or construe the provisions of these Rules and the Probation Law without the need for public notice, hearing, and publication.

Supplemental Rules

• These Rules are to be read and used in conjunction with the Omnibus Rules on Probation Methods and Procedures and the Rules and Regulations on Parole Supervision.
• They shall apply exclusively to Juveniles in Conflict with the Law (JICL).
• The Administration shall protect and nurture the rights of JICLs under the Constitution and its enabling laws and rules, and the United Nations Standard Rules in the Administration of Juvenile Justice and Treatment of Offenders.

Petition for Probation

• The probation officer shall hold an intake interview with the petitioner not later than 5 days after the latter reports to the Parole and Probation Office.
• The petitioner shall be advised that they may be accompanied during the intake interview by at least one member of their immediate family or, if there is none, by a responsible member of the community.

Supervision of Probationer

• The Probation Officer shall prepare a Supervision Treatment Plan (STP) for the probationer, which shall be prepared in consultation with the probationer and their immediate relative or, in the absence of the latter, a responsible community member.
• The STP shall have the following goals:
  • To fix or adjust the level of supervisory control required to address the overall danger posed by the probationer to the community.
  • To assess/reassess how the probationer will make amends for the harm they may have inflicted and what strategies will be used to increase their understanding of the impact of their behavior on the victim and the community.
  • To identify the behavior gaps, problematic mindset, and/or inadequacy in skills that contributed to their delinquency and set intervention and treatment measures and solutions therefor.

Infraction of Terms and Conditions of Probation

• The Probation Officer shall submit to the Court clear and convincing evidence of a serious violation of the terms and conditions of the grant of probation upon which the Court may base its order for the revocation of said grant.

Termination of Supervision

• Before the Supervising Probation Officer submits the Probation Final Report (PPA Form No. 9) to the Court, they shall have a final conference with the probationer, together with their immediate relative or, in the absence of the latter, a responsible community member.
• The presence of the Chief Parole and Probation Officer in the conference shall be mandatory.

This quiz covers the procedures and requirements for probation reports, including the role of the Supervising Probation Officer and the types of reports mentioned in Section 15. It also touches on the effectivity of the Rules and the involvement of the Chief Parole and Probation Officer.