20. the Rules in Parole and Probation

8/16/2019 20. the Rules in Parole and Probation

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20. The Rules in Parole and Probation

Diference o Probation and Parole:

Probation Is a Form of Criminal Sentence Without Serving TimeProbation is a type of criminal sentence that permits the oender to remain in the community

setting in lieu of serving time in a jail environment. The defendant remains free so long as the

terms of the probation are being met. Conditions of probation might include reporting to a

probation ocer on a regular schedule! refraining from the use or abuse of alcohol and"or drugs!

maintaining regular employment or continuing #ith schooling! not changing a residence #ithoutadvanced notice and permission! and not committing a criminal oense #hile on probation. The

particular conditions of probation may vary #idely from one defendant to another depending on

the oense committed$ the oender%s criminal history$ the presence of victims and ho# they

#ere harmed$ and other speci&c facts and circumstances.

Parole Is the 'arly Supervised (elease from )ailParole$ on the other hand$ is the supervised release of an inmate from a jail sentence. The

prisoner is released from jail into the community before the natural conclusion of the original jai

term as sentenced. The conditions of parole are similar to those imposed under probation

including regular reporting to an assigned parole ocer.

What *appens if an +ender ,iolates Conditions of Probation or Parole-When criminal oenders violate the terms of their probation$ it is liely they #ill be

resentenced to jail for a period of incarceration. When oenders violate the conditions of their

parole$ they are usually sent bac to jail under the terms of their original sentence. So$ a

violation of probation often results in the sentencing to a ne# jail term for the oense of violating

the terms of probation$ #hile a violation of parole #arrants the return to jail for the remainder of

the original prison term.If you or someone you no# has /uestions or concerns about parole and"or probation$ or

any criminal la# matter$ it is prudent to consult a criminal defense attorney as soon as possible.

Time is liely of the essence in defending a criminal charge$ raising a defense$ and e0ploring the

best legal options.

PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES

ON PROBATION METODS AND PRO!EDURES

Pursuant to the authority vested by la# on the Secretary of )ustice$ the follo#ingImplementing (ules and (egulations are hereby promulgated according to the provisions of Section 12 3d4 and 5 of Presidential 6ecree 3P64 7o. 258$ the Probation 9a# of 12:5$ embodied inSections ;< = ;>$ Chapter :$ Title III$ ?oo I,$ '0ecutive +rder 7o. ;2;$ other#ise no#n as the@dministrative Code of 128:.

I. "ENERAL PRO#ISIONS

Se$tion %. Title. = These (ules shall be no#n and cited as the AParole and Probation@dministration +mnibus (ules on Probation Bethods and ProceduresA or$ for brevity$ AProbation

(ulesA or simply A(ulesA.Se$tion 2. Policy +bjectives and 6eclared Purposes. = These (ules are adopted to carry out the

purposes of P6 258$ as follo#sa4 to promote the correction and rehabilitation of an oender by providing him #ith

individualiDed community based treatment!b4 to provide an opportunity for his reformation and re=integration into the community! andc4 to prevent the commission of oenses.



Se$tion &. 9iberal Construction = These (ules shall be liberally construed so as to successfully$

eciently$ and eectively implement$ carry out and eectuate the social justice spirit$ intent$

and rationale or$ summarily$ the Aspirit and intentA$ of the Probation 9a#$ and the pertinent

provisions of the @dministrative Code of 128:$ and the policy objectives and declared purposes

of these (ules$ in line #ith the #ell=settled social justice orientation of the 128: Constitution. In

the event of doubt$ or conEict$ the spirit and intent of the Probation 9a# and these (ules shall

prevail over the letter or literal provisions thereof$ considering that they partae of socia

legislation and are special la#s in nature and character.Se$tion '. 6e&nition of Terms. = @s used in these (ules$ unless the conte0t provides other#ise$

the follo#ing terms shall be construed$ thus3a4 AProbationA = a disposition under #hich a defendant$ after conviction and sentence$ is

released subject to conditions imposed by the TrialCourt and to the supervision of a Probation +cer!3b4 APetitionerA = a convicted defendant #ho &les an application for probation!3c4 AProbationerA = a person #ho is placed under probation!3d4 AProbation +cerA = public ocer lie the Chief Probation and Parole +cer3CPP+4$ Supervising Probation and Parole +cer 3SPP+4$ Senior Probation and Parole +cer

3SrPP+4$ Parole and Probation +cer II 3PP+II4$ or Parole and Probation +cer I 3PP+I4$ #ho

investigates for the Trial Court a referral for probation or supervises a probationer or does both

functions and performs other necessary and related duties and functions as directed!3e4 ATrial CourtA = refers to the (egional Trial Court 3(TC4 of the Province or City"Bunicipal Court

#hich has jurisdiction over the case!3f4 AProbation +ceA = refers either to the Provincial or City Probation +ce directed to conduct

investigation or supervision referrals as the case may be!3g4 AProbation +rderA = order of the trial court granting probation.

The appearance of the above=mentioned Parole and Probation @dministration 3PP@4 ocials$ upon

#ritten invitation or order of the Trial Court$ may be on issues on probation services only not on

legal /uestions$ the latter issue being #ithin the province of the courts to decide or resolve.3l4 satisfy any other conditions related to his rehabilitation into a useful citiDen #hich is not

unduly restrictive of his liberty or incompatible #ith his freedom of conscience.

Se$tion &(. Indemni&cation. 3Please see GHuidelines on Payment of Civil 9iability$ @nne0G<J$ p. ;><4 Payment for civil liability shall be done using the follo#ing modes3a4 Payment can be given to the Cler of Court of the Trial Court$ #ho #ill in return hand over the

sum to the victim #ho shall issue a corresponding receipt! a copy of #hich should be given by

the probationer to the Probation +ce in order to monitor such payment!3b4 Payment may be deposited by the probationer to the victimKs account #here the banboo is

ept at the Probation +ce to be given to the victim for his proper disposition!3c4 Payment can be eected directly to the victim and the receipt must be &led in the supervision

record of the probationer ept at the Probation +ce.Further$ that the practice of giving the

payment to the Supervising Probation +cer on case 3or the CPP+4 to be remitted to the victim$

although #ith receipts$ should be highly discouraged and discontinued outrightly.

#III. SUPER#ISION O) PROBATIONERSSe$tion &*. Purpose. = The primary purposes of probation supervision are3a4 to ensure the probationer%s compliance #ith the probation conditions speci&ed in the

Probation +rder and the prescribed probation treatment and supervision program"plan!3b4 to manage the process of the probationer%s rehabilitation and re=integration into the

community! and3c4 to provide guidance for the probationer%s transformation and development into a usefu

citiDen for his eventual reintegration to the mainstream of society.



Se$tion &+. Commencement of Supervision Service. = For purposes of these (ules$ supervision

service shall commence on the day of initial intervie# or reporting of a probationer. Such fact

shall be duly noted in the case notes of the client.Se$tion '0. Initial (eport.=3a4 Lpon the probationer%s appearance for his initial supervision$ the SupervisingProbation +cer on case$ or CPP+ himself shalli4 give instructions to the client using PP@ Form M in order to reinforce probationerKs a#areness of

the probation conditions speci&ed in the Probation +rder in a language or dialect understood by

him!ii4 formulate #ith the client$ the supervision treatment plan! andiii4 carry out other elated activities3b4 Lpon receipt of a copy of PP@ Form 7o. M$ and a copy of the Probation +rder ona particular probationer the Probation +ce through the CPP+ shall immediately assign the

probation supervision case to his subordinate Probation +cer. In the event that the probationer

does not report for initial supervision #ithin the prescribedperiod after the Probation +rder has been released by the Trial Court$ or his #hereabouts are

unno#n$ the Probation +cer shall e0ert his best eorts to &nd said probationer and conduct

such &eld in/uiry as is necessary #ithin a reasonable period of time$ before considering the fact

that the subject has absconded amounting to a violation of a probation condition$ re/uiring the

preparation and submission of a ,iolation (eport 3PP@ Form 84 to the Trial Court.Se$tion '%. +utside Travel. 3a4 @ Probation +cer may authoriDe a probationer to travel

outside his area of operational"territorial jurisdiction for a period of more than ten 31J4 days but

not e0ceeding thirty 3<J4 days.3b4 @ Probationer #ho sees to travel for up to thirty 3<J4 days outside the operational"territorial

jurisdiction of the Probation +ce shall &le at least &ve 3>4 days before the intended trave

schedule a (e/uest for +utside Travel 3PP@ Form :4 #ith said +ce properly recommended by

the Supervising Probation +cer on case and approved by the CPP+.3c4 If the re/uested outside travel is for more than thirty 3<J4 days$ said re/uest shall be

recommended by the CPP+ and submitted to the Trial Court for approval.3d4 +utside travel for a cumulative duration of more than thirty 3<J4 days #ithin a period of si0

354 months shall be considered as a courtesy supervision. Section M;. Change of (esidence Transfer of Supervision.

3a4 @ Probationer may &le a (e/uest for Change of (esidence 3PP@ Form ;M4 #ith the City

or Provincial Parole and Probation +ce$ citing the reason3s4 therefore this re/uest shall be

submitted by the Supervising Probation +ce for the approval of the TrialCourt.

3b4 In the event of such approval$ the supervision and control over the probationer shall

be transferred to the concerned '0ecutive )udge of the (TC$ having jurisdiction and control over

said probationer$ and under the supervision of the City or Provincial Parole and Probation +ce in

the place to #hich he transferred. Thereafter$ the '0ecutive )udge of the (TC to #hom jurisdiction over the probationer is

transferred shallhave the jurisdiction and control #ith respect to him #hich #as previously possessed by the

Court #hich granted probation.3c4 The receiving City or Provincial and Parole and Probation +ce and the receiving court

shall be duly furnished each #ith copies of the pertinent Probation +rder$ PSI( 3PP@ Form <4$ and

other investigation and supervision records by the sending Probation +ce for purposes and in

aid of continuing eective probation supervision treatment over said probationer.Se$tion '&. @bsconding Probationer. 3a4 @ probationer #ho has not reported for initia

supervision #ithin the prescribed period and"or #hose #hereabouts could not be found$ located



or determined despite best diligent eorts #ithin reasonable period of time shall be declared by

the proper +ce as an absconding probationer.3b4 Thereafter said +ce shall &le #ith the proper court a ,iolation (eport 3PP@ Form 84

containing its &ndings and recommendation$ duly prepared and signed by theSupervising Parole and Probation +cer and duly noted by the Chief Parole and Probation +cer.Se$tion ''. Bodi&cation or (evision of Probation Conditions. 3a4 6uring the probation

supervision period$ the Trial Court may motu proprio or$ upon motion by the City or Provincial

Parole and Probation +ce or by the probationer or his la#yer.

Se$tion ',. 'ectivity and Finality of Bodi&ed or (evised Probation +rder. 3a4 The Trial Court may modify or revise the Probation +rder #hich shall become eective and

&nal upon its promulgation and receipt thereof by the probationer$ unless speci&ed other#ise by

said +rder.I-. #IOLATION O) PROBATION !ONDITION

Se$tion '. Concept. = @ probationer%s speci&c act and"or omission3s4 constitutive of a violation

of probation condition3s4 set forth in the original$ modi&ed or revised Probation +rder shall be

reported to the Trial Court$ taing into account the totality of the facts and surrounding

circumstances and all possible areas of consideration.Se$tion '(. Fact=Finding Investigation. = ?ased on reasonable cause reported by areliable informant or on his o#n &ndings$ the SPP+$ SrPP+$ PP+II$ PP+I concerned or the CPP+

himself shall conduct or re/uire the Supervising Probation +cer on case to immediatelyconducta fact=&nding investigation on any alleged or reported violation of probation condition3s4 to

determine the veracity and truthfulness of the allegation.Se$tion '*. (eport ,iolation of Condition. =3a4 @fter the completion of the fact=&nding investigation$ the Supervising Probation+cer on case shall prepare a violation report thereon containing his &ndings and

recommendations and submit the same to the CPP+ for revie# and approval.3b4 In some cases$ a probationer #ho has not reported for initial supervision #ithin the seventy=

t#o 3:;4 hours from his receipt of the Probation +rder or #ithin the prescribedperiod ordered by the Trial Court or #hose #hereabouts could not be ascertained

not#ithstanding best eorts e0erted #ithin a reasonable period of time by the City andProvincial Parole and Probation +ce shall be immediately reported to the Trial court for

appropriate action.3c4 Thereafter$ said Parole and Probation +ce shall &le #ith the trial court a ,iolation(eport 3PP@ Form 84$ containing its &ndings and recommendation$ duly prepared and signed by

the SPP+$ SrPP+$ PP+II$ PP+I concerned and duly noted by the CPP+ for the court%s resolution.Se$tion '+. = ,iolation (eport. Its Contents Signatories and Submission to Trial Court. =3a4 The ,iolation (eport shall include$ among others$ the follo#ing

i4 accurate and complete statement of the facts and surrounding circumstances

including but not limited to the3a4 nature$ character and designation of the violation!3b4 speci&c acts and"or omissions constitutive of the violation!

3c4 place$ date and time of commission or omission!3d4 statements or adavits of apprehending ocers and oended parties and3e4 other related data and information.

3ii4 probationer%s response$ e0planation and clari&cation duly s#orn to before a notary

public and other supporting testimonial$ documentary and objective evidence! 3iii4 &ndings$ assessment and recommendation of the Probation +ce.

3b4 The ,iolation (eport shall be prepared and signed by the SPP+$ SrPP+$ PP+II or PP+

concerned and approved and signed by the CPP+.Se$tion. ,0. @rrest of 'rring Probationer. = @fter having duly considered the nature andgravity of such reported violation based on the submitted ,iolation (eport$ the Trial Court may

issue a #arrant for the arrest of the probationer for serious violation of his probation condition.



Se$tion ,%. *earing of the ,iolation of Probation. = +nce arrested and detained$ the probationer

shall immediately be brought before the Trial Court for a hearing of the violation charged.In the hearing #hich 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 inform itself of all the facts #hich are materia

and relevant to ascertain the veracity of the charge. The probationer may be admitted to bail

pending such hearing. In such case$ the provisions regarding release on bail of persons charged

#ith the crime or oense shall be applicable to probationers arrested under this provision.

Se$tion ,2. 6isposition 'ect of (evocation (emedy. 3a4 @fter a serious violation of a probation condition has been established in the hearing$ the Trial

Court may order the continuance of the probationer%s probation or modi&cation of his probation

conditions or revoe his probation #hichever is proper and just under in judicial discretion.3b4 If the probation period has been revoed$ the Trial Court shall order the probationer to serve

the sentence originally imposed in the judgment of his case for #hich he applied for probation.3c4 @ court order modifying the probation conditions as in Sec. MM of these (ules or revoing

probationer%s probation shall not be appealable. *o#ever$ it may be correctable by certiorari

under the (ules of Court.Se$tion ,&. (ight to Counsel. = In the hearing or proceeding for violation of probation conditions$

the probationer shall have the right to counsel of his o#n choice.

Se$tion ,'. (epresentation for the State. = For the Prosecution of serious violation of probationcondition3s4$ during said hearing or proceeding$ the State shall be represented by the proper

prosecuting ocer.-. EARL/ TERMINATION

Se$tion ,,. Coverage. = The follo#ing probationers may be recommended for the early

termination of their probation period1. Those #ho are suering from serious physical and"or mental disability such as deafmute$ the

lepers$ the crippled$ the blind$ the senile$ the bed=ridden$ and the lie!;. Those #ho do not need further supervision as evidenced by the follo#ing3a4 Consistent and religious compliance #ith all the conditions imposed in the order granting

probation!

3b4 Positive response to the programs of supervision designed for their rehabilitation!3c4 Signi&cant improvements in their social and economic life!3d4 @bsence of any derogatory record #hile under probation!3e4 Bared improvement in their outloo in life by becoming socially a#are and responsible

members of the family and community! and3f4 Signi&cant gro#th in self=esteem$ self=discipline and self=ful&llment! Provided$ that$ the

probationers involved have already served one=third 31"<4 of the imposed period of probation!

and provided further$ that$ in no case shall the actual supervision period be less than si0 354

months.<. Those #ho have

3a4 To travel abroad due to any of the follo#ing

314 @n approved overseas job contract or any other similar documents! or3;4 @n approved application for scholarship$ observation tour or study grant for a

period not less than si0 354 months! or3<4 @n approved application for immigration.3M4 @n approved application to tae the ?ar and ?oard '0aminations.

3b4 To render public service314 *aving been elected to any public oce! or3;4 *aving been appointed to any public oce.

Provided$ ho#ever$ that the probationers involved have fully paid their civil liabilities$ if any.@nd$ that the probationers #ere not convicted for oenses involving moral turpitude.



M. +ther probationers #ho have fully cooperated #ith"participated in the programs of supervision

designed for their rehabilitation and #ho are situated under conditions"circumstances similar in

nature to those above=described at the discretion of the proper authorities.Se$tion ,. Procedure. = In the &rst year of implementation$ the follo#ing steps shall be

observed to eect the early termination of probation1. The Supervising Probation +cer on case #ho e0ercises direct supervision over the

probationer shall prepare the motion for the modi&cation of probation$ i.e.$ early termination

addressed to the Court #hich has control and supervision over the probationer concerned in

accordance #ith Section 1; of the Probation 9a# of 12:5$ as amended. The motion shall bear the

approval of the head of the City or Provincial Parole and Probation +ce #ithout prejudice to the

latter taing the initiative for preparing said motion.;. The motion shall thereafter be for#arded for revie# and clearance to the (egional 6irector

#ho shall act on said motion #ithin a period of three 3<4 days after receipt of the same.<. Should the motion be approved by the (egional 6irector$ the Supervising Probation +cer on

case shall &le the same #ith the Trial Court #ithin t#o 3;4 days after receipt thereof.M. Should the said motion be disapproved$ the same shall be &led in the supervision case

&le"record of the probationer for future reference.>. Should the motion be approved by the Trial Court$ the procedure for termination$ due to

successful completion of probation speci&ed in the (ules shall apply.

-I. PROBATION AIDES

Se$tion ,(. Nuali&cations Functions. 3a4 The Probation @ides must be citiDens of good repute and probity$ at least 18 years of age on

the date of appointment$ at least highschool graduates and preferably residence of the same

locality or community covering the place of residence of the probationer and"or the CPP+s$

SPP+s$ and SrPP+s$ PP+sII$ and PP+sI.3b4 Probation @ides may be re/uested to assist the CPP+s$ SPP+s$ and SrPP+s$ PP+sII$ and PP+sI

in the supervision of probationers$ assigned up to a ma0imum case load subject to administrative

and technical supervision by the above=mentioned Probation+cers$ prepare records of their activities and accomplish related reports and prompt

submission thereof! and undertae other related activities. They maybe designated to identify$

generate$ tap local community resources or conduct such activities on sills training and sports

and cultural programs for clients.Se$tion ,*. @ppointment Term of +ce. 3a4 Probation @ides shall be appointed by the Probation @dministrator or through authority

delegated to the (egional 6irectors #ithin their respective areas of responsibility upon the

recommendation of the CPP+s.3b4 Probation @ides so appointed may hold oce during good behavior for a period of t#o3;4 years$ rene#able at the end of each period! provided$ that$ the appointing authority may at

any time terminate the services of Probation @ides for unsatisfactory performance for at least

t#o 3;4 consecutive semesters as determined by the proper +ces and"or for other la#ful and

valid cause3s4. Thereafter$ his reinstatement shall be determined by his display of good behavior

as determined by collateral informants and the appointing authority.Se$tion ,+. Caseload. 3a4 In assigning probation supervision caseload3s4 to the Probation @ides$ the Probation+ces shall duly consider their respective /uali&cations$ length of service$ #or

accomplishments$ and other related criteria. @nd$ as to ma0imum supervision caseload to be

given to them$ the Probation +ce should$ e0ercise utmost prudence and caution.3b4 The ma0imum supervision caseloads of a Probation @ide at any given time$ shall be ten31J4 probationers on minimum case classi&cation or three 3<4 probationers on ma0imum case

classi&cation in addition to other duties.OII. T'(BI7@TI+7 +F T*' P(+?@TI+7 SLP'(,ISI+7 C@S'



Se$tion 0. Hrounds. = The probation supervision period may be terminated on any of the

follo#ing grounds3a4 successful completion of probation!3b4 probation revocation for cause under Section M2 3a=c4 of these (ules!3c4 death of the probationer!3d4 early termination of probation! or3e4 other analogous cause3s4 or reason3s4 on a case=to=case basis as recommended by the

probation +ce and approved by the trial court.Se$tion %.

Termination (eport. = The City and Provincial Parole and Probation +ce shalsubmit to the Trial Court a Probation +cerKs Final (eport 3PP@ Form 24 thirty 3<J4 days before

the e0piration of the period of probation embodying$ among others$ the follo#ing3a4 brief personal circumstances of the probationer!3b4 brief criminal circumstances about his case 3i.e. criminal case number$ court$ branch$ period

of probation$ initial and last date of probation43c4 prescribed probation treatment and supervision program!3d4 probationer%s response to the treatment plan"program!3e4 recommendation to discharge the probationer from probation and the restoration of all his

civil rights.3f4 such other relevant and material facts and information #hich may be re/uired by the Trial

Court.

#I. PROBATION ORDER

Se$tion &%. Period to (esolve the @pplication for Probation. = The application for probation shal

be resolved by the Trial Court not later than &fteen 31>4 days from the date of its receipt of the

PSI(.Se$tion &2. 7ature of Probation 'ect of the Hrant of Probation. 3a4 Probation is but a mere privilege and as such$ its grant or denial rests solely upon the sound

of discretion of the Trial Court. @fter its grant it becomes a statutory right and it shall only be

canceled or revoed for cause and after due notice and hearing.3b4 The grant of probation has the eect of suspending the e0ecution of sentence. The Trial Court

shall order the release of the probationer%s cash or property bond upon #hich he #as allo#ed

temporary liberty as #ell as release the custodian on (+( fromhisundertaing.Se$tion &&. 'ectivity of Probation +rder. @ probation order shall tae eect upon its issuance$

at #hich time the court shall inform the oender of the conse/uence thereat and e0plain that

upon his failure to comply #ith any of the conditions prescribed in the said order or his

commission of another oense under #hich he #as placed on probation.Lpon receipt of the Probation +rder granting probation the same shall be entered in a

6ocet ?oo for proper recording. @n order of denial shall be doceted as #ell.Se$tion &'. Finality. = The +rder of the court granting or denying probation shall not be

appealable.#II. TERMS AND !ONDITIONS O) PROBATION

Se$tion &,. Bandatory Conditions. = @ Probation order shall re/uire the probationer3a4 to present himself to the Probation +ce for supervision #ithin :; hours from receipt of said

order! and3b4 to report to the assigned SPP+$ SrPP+$ PP+II or PP+I on case at least once a month during the

period of probation at such time and place as may be speci&ed by the Probation +ce.Se$tion &. +ther Conditions. = The Probation order may also re/uire the probationer$ I

appropriate cases$ to3a4 cooperate #ith his program of probation treatment and supervision!3b4 meet his family responsibilities!



3c4 devote himself to a speci&c employment and not to change said employment #ithout prior

#ritten approval of the CPP+!3d4 undergo medical$ or psychological$ or clinical$ or drug or psychiatric e0aminations and

treatment and remain in a speci&ed institution$ #hen re/uired for that purpose!3e4 comply #ith a program of payment of civil liability to the oended party or his heirs$ #hen

re/uired by the Trial Court as embodied in its decision or resolution!3f4 pursue a prescribed secular study or vocational training!3g4 attend or reside in a facility established for instruction$ recreation or residence of persons on

probation!3h4 refrain from visiting houses of ill = repute!3i4 abstain from drining into0icating beverages to e0cess!3j4 permit the Supervising Probation +cer on case or an authoriDed social #orers to visit his

home and place of #or!34 reside at premises approved by the Trial Court and not to change his residence #ithout prior

#ritten approval of said court! and"or 3l4 satisfy any other conditions related to his rehabilitation into a useful citiDen #hich is not

unduly restrictive of his liberty or incompatible #ith his freedom of conscience.

20. the Rules in Parole and Probation

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Transcript of 20. the Rules in Parole and Probation