St.

Louis College of Bulanao

Purok 6, Bulanao, Tabuk City, Kalinga 3800

TITLE/TOPIC
NON-INSTITUTIONAL COPRRECTIONS

LESSON 3
THE RULES AND LIMITATIONS IN THE GRANT OF PROBATION
I. INTRODUCTION

This covers the nature of granting probation, qualified and disqualified offenders for probation,
procedure in the application for probation and resolution for the application for probation.

II. LEARNING OUTCOMES

At the end of the lesson, the students should be able to:

 Illustrate, understand and summarize the procedure in the application for probation.
 Explain the nature and basis of granting probation
 Explain how post sentence investigation is conducted.
 Identify those qualified and disqualified offenders for probation.

III. COURSE CONTENT

A. WHAT IS PROBATION? Probation is a PRIVILEGE granted by the court to a person

convicted of a criminal offense to remain in the community instead of actually going to prison/jail.
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 of
discretion of the Trial Court. After its grant it becomes a statutory right and it shall only be
cancelled or revoked for cause and after due notice and hearing.
(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.
B. WHAT ARE THE ADVANTAGES OF PROBATION?
a. The government spends much less when an offender is released on probation than that offender
is placed behind bars (jails/prisons).
b. The offender and the offender’s family are spared the embarrassment and dishonour of
imprisonment.
c. The offender is able to continue working and can therefore earn income, pay taxes and pay
damages to the victim of the crime.
C. WHO CAN APPLY FOR PROBATION? Any sentenced offender, not disqualified, can apply
for probation before serving their prison/jail sentence.
D. WHERE AND WHEN SHALL THE APPLICATION BE FILED? The application shall be
filed with the trial court that tried and sentenced the offender at any time after conviction and
sentence but within fifteen (15) days after promulgation of judgment.
E. HOW TO APPLY FOR PROBATION?
1. Apply within fifteen (15) days from promulgation of judgment.
2. The court will suspend the execution of sentence and refer the application to the proper
probation office for the conduct of POST-SENTENCE INVESTIGATION (PSI).
What is post- sentence investigation?
Scope and Beneficiaries: All offenders except those entitled to the benefits under
the provisions of Presidential Decree No. 603 and similar laws.
The post-sentence investigation of court referrals is a substantive area in the
workload of the Department of Justice-Parole and Probation Administration (DOJ-PPA).
The investigation of an applicant or petitioner for probation involves a thorough study of
his criminal record, family history, educational background, married life, occupational
record, interpersonal relationships and such other aspects of his/her life which may have

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 a bearing in the assessment of his/her suitability for probation. In this connection, the
probation and parole officers conduct a records-check on the petitioner in the local police
files, courts, National Bureau of Investigation (NBI), etc. Other sources of information
such as relatives or neighbours are also consulted. In certain instances, the petitioner may
also be asked to undergo a drug-dependency test or psychological evaluation to better
assess his/her potential for rehabilitation.
3. The probation officer must submit the Post-Sentence Investigation Report (PSIR) within sixty
(60) days upon receipt but the period may be extended in meritorious cases for a period that will
be approved by the court.
4. Pending submission of the PSIR and the resolution of the application, the defendant may be
temporarily released under bail or be released on recognizance of a responsible member of the
community, if defendant is incapable of posting bail.
F. MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR PROBATION
ON REMAND OF THE CASE TO THE TRIAL COURT? As a rule, probation and appeal are
mutually exclusive remedies. However, if the judgment of conviction that was appealed imposed
non-probationable penalty and the same was modified through the imposition of probationable
penalty or conviction for a lesser crime, which is probationable, the accused shall be allowed to
apply for probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court, which
tried and convicted the accused or in a trial court where such case has been re-raffled.
G. MAY AN ACCUSED IN A JOINT TRIAL APPLY FOR PROBATION EVEN IF THE
OTHER CO-ACCUSED APPEALED THEIR CONVICTION? Yes. In a case involving
several defendants where some have taken further appeal, the other defendants may apply for
probation by submitting a written application and attaching thereto a certified true copy of the
judgment of conviction.
H. WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?
a. Those who are sentenced to serve a maximum term of imprisonment of more than six (6) year
b. Those who are convicted of any crime against the national security;
c. Those 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 (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions of this Decree;
e. Those who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof
f. Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg.
881 (Omnibus Election Code);
2) Offenders found guilty of violating R.A. No. 6727 (Wage Rationalization Act, as amended);
(3) Offenders found guilty of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act
of 2002, except Sections 12, 14, 17, and 70.
I. ARE ALL QUALIFIED, CONVICTED PERSONS AUTOMATICALLY ENTITLED TO
PROBATION? No. The court will not grant probation if, after investigation the probation officer
finds that:
a. The offender can be treated better in an institution or in other places for correction;
b. The offender is a dangerous risk to the community; or
c. Probation will depreciate the seriousness of the offense. (see Tolentino vs. Judge Alconcel 121
SCRA 92; G.R. no L-63400;March 18, 1983)
However, under Sec. 70 of R.A 9165, The Comprehensive Dangerous Drugs Act of 2002, the first time
minor offender who upon promulgation of judgment, the court may, in its discretion place the accused
under probation, even if the sentence provided under sec. 11 of the act is higher than that provided under
Probation Law.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
– Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation,
even if the sentence provided under this Act is higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons
and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the
Board shall submit a written report to the court recommending termination of probation and a final
discharge of the probationer, whereupon the court shall issue such an order.

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 The community service shall be complied with under conditions, time and place as may be determined by
the court in its discretion and upon the recommendation of the Board and shall apply only to violators of
Section 15 of this Act. The completion of the community service shall be under the supervision and
rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall
render a report on the manner of compliance of said community service. The court in its discretion may
require extension of the community service or order a final discharge.In both cases, the judicial records
shall be covered by the provisions of Sections 60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the
accused during the suspended sentence period shall be deducted from the sentence to be served.
J. WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY THE
COURT? Mandatory conditions:
a. Appear before the probation officer within 72 hours;
b. Report to the probation officer at least once a month;
c. Not commit another offense; and
d. Comply with any other conditions imposed by the court.
Other Conditions. - The Probation order may also require the probationer, in appropriate cases,
to:
(a) Cooperate with his program of probation treatment and supervision;
(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and not to change said employment without
prior written approval of the CPPO;
(d) undergo medical, or psychological, or clinical, or drug or psychiatric examinations
and treatment and remain in a specified institution, when required for that purpose;
e) Comply with a program of payment of civil liability to the offended party or his heirs,
when required by the Trial Court as embodied in its decision or resolution;
f) Pursue a prescribed secular study or vocational training;
(g) attend or reside in a facility established for instruction, recreation or residence of
persons on probation; (h) refrain from visiting houses of ill - repute;
(i) abstain from drinking intoxicating beverages to excess;
(j) Permit the Supervising Probation Officer on case or authorized social workers to visit
his home and place of work;
(k) reside at premises approved by the Trial Court and not to change his residence
without prior written approval of said court; and/or 8 (l) satisfy any other conditions related to his
rehabilitation into a useful citizen which is not unduly restrictive of his liberty or incompatible
with his freedom of conscience
K. HOW LONG IS THE PERIOD OF PROBATION?
a. Not more than 2 years if the probationer was sentenced to imprisonment of 1 year or less;
b. Not more than 6 years if the probationer was sentenced to imprisonment of more than 1 year.
L. MAY THE OFFENDER BE RELEASED WHILE THE APPLICATION FOR
PROBATION IS PENDING? At the discretion of the court, the probationer may be released: a.
On the same bond filed during the trial;
b. On a new bond; or
c. To the custody of a responsible member of the community (if probationer is unable to file the
bond).
M. HOW MANY TIMES CAN ONE BE GRANTED PROBATION? An offender can be granted
probation only ONCE in a lifetime.
N. WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATION ARE
VIOLATED? The probation officer investigates the alleged violation and if it is established, a
report is submitted to the court. Depending upon the nature and seriousness of the violation, there
can be modification of the conditions or revocation of probation by the judge. There is also the
possibility of arrest including criminal prosecution of probationer in the event of commission of
another offense. The revocation proceeding is summary. If the court finds the probationer guilty of
serious violation of the conditions of probation, the offender may be ordered to serve the original
sentence imposed.
O. IS PROBATION APPEALABLE? The Order of the court granting or denying probation shall
not be appealable.
P. EFFECTIVITY OF THE PROBATION ORDER A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in the said order or his commission of

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 another offense, he shall serve the penalty imposed for the offense under which he was placed on
probation.
A probation order shall take effect upon its issuance unless otherwise specified by the court.
Q. 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
R. 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 thirty30) days within a period of six (6)
months shall be considered as a courtesy supervision.
S. PROBATION AIDES
Section 57. Qualifications: Functions
(a) The Probation Aides must be citizens of good repute and probity, at least 18 years of age on
the date of appointment, at least high school graduates and preferably residence of the same
locality or community covering the place of residence of the probationer and/or the CPPOs,
SPPOs, and SrPPOs, PPOsII, and PPOsI.
(b) Probation Aides may be requested to assist the CPPOs, SPPOs, and SrPPOs, PPOsII, and
PPOsI in the supervision of probationers, assigned up to a maximum case load subject to
administrative and technical supervision by the above-mentioned Probation Officers, prepare
records of their activities and accomplish related reports and prompt submission thereof; and
undertake other related activities. They may be designated to identify, generate, tap local
community resources or conduct such activities on skills training and sports and cultural programs
for clients.

IV. ASSESSMENT
GENERAL INSTRUCTION: Read each question very carefully. Answer legibly, clearly and concisely.
Write your answer on a yellow pad paper. Do not write anything at the back of your answer sheet. You may
use another sheet of paper until completed. Output should be personally submitted to the CJJE OFFICE on
June 28, 2021.

I. RESEARCH CONNECTION. In this activity, you are required to digest actual cases in order to
supplement and to fully understand the procedures in the application for probation. You may
utilize any means necessary in this part.
1. Digest the case of Tolentino vs. Judge Alconcel 121 SCRA 92; G.R. no L-63400;
March 18, 1983.
2. Dela Cruz vs. Callejo
3. Alejandra Pablo vs. Hon. Silverio Q. Castillo; G.R no. 1251
4. P e o p l e v s . V e r a ( 1 9 3 7 )
Note: Please follow the format below as your guide in digesting cases:

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 a. The fact
b. Issue and
c. Ruling

II. SELF-CHECK QUESTIONS. This will test your knowledge on the rules and limitations in the
grant of probation.
Identify and Choose the letter of the correct answer from the choices given.(6 items; 2 points
each)

1. The purpose of the decree on probation shall be to __________.

       A.    provide an opportunity for the reformation of a
              penitent offender
       B.    prevent the commission of offenses
       C.    promote the correction and rehabilitation of an offender
              by providing him with individualized treatment
       D.    All of these 
2. Probation is a matter of ___.
       A.    Privilege
       B.    Right
       C.    Grace
       D.    Requirement   
3. Which of these is known as the Adult Probation Law, which grants probation to prisoner
sentenced to term in prison of not more than six (6) years?
       A.    PD 603
       B.    RA 698
       C.    PD 968   
       D.    PD 869     
4. Those who have been once on probation under the Probation Law ______.
       A.    are qualified to apply for probation
       B.    Are disqualified to apply for probation
       C.    May be granted for another probation
       D.    should be confined in prison 
5.  Post sentence investigation report must  be submitted by the
        probation officer to the court within
       A. 20 days
       B. 30 days
       C. 60 days
       D. 90 days
6. A probationer is allowed to do the following EXCEPT, ________
A. stay away from bad associates
B. work regularly to support his family
C. make periodic report
D. go and play in a gambling den    

III. REFERENCES
 https://study.com/academy/lesson/community-based-corrections-programs-types.html
 https://www.unafei.or.jp/publications/pdf/RS_No54/No54_22VE_Yangco.pdf
 https://www.academia.edu/31642673/ISU_Non_Institutional_Correction_Instructional_Materials
 https://criminologyboardexamreviewer.weebly.com/correctional-administration-review
 https://www.probation.gov.ph/wp-content/uploads/2014/09/Omnibus-Rules-on-Probation.pdf
 https://www.probation.gov.ph/wp-content/uploads/2017/02/FAQ_Probation.pdf

REYNA DUMAGUING-SIBATON
 St. Louis College of Bulanao
Purok 6, Bulanao, Tabuk City, Kalinga 3800

This module is a requirement of the St. Louis College of Bulanao in response to

the implementation of the Blended Learning way of Instruction.

This Learning Material is a property of the College of Education – St. Louis

College of Bulanao, Tabuk City. It aims to improve students’ performance specifically in
the Criminology Education.

Date of Development : September, 2020

Resource Location : Bulanao, Tabuk City
Learning Area : CoAd 12 (Non- Institutional Corrections)
Learning Resource Type : Module

General Instruction/s:
The module covers the nature of granting probation, qualified and disqualified
offenders for probation, procedure in the application for probation and resolution for the
application for probation. Series of activities and discussions will encourage you to
explore and learn about the topic. Through this module, the following instruction/s
should be followed.

1. This module is exclusively for SLCB students only.

2. Reproduction and use of this module for any purpose is strictly prohibited, unless
with the written permission from SLCB.
3. You may use this module for any acceptable purposes.

REYNA DUMAGUING-SIBATON