SLM2

Republic of the Philippines
Laguna State Polytechnic University

ISO 9001:2015 Certified
Province of Laguna
Level I Institutionally Accredited
LSPU Self-Paced Learning Module (SLM)

Course Non-Institutional Corrections
Sem/AY Second Semester (2021-2022)
Module No. 2
Lesson Title Probation Law in the Philippines
Week
3-8
Duration
Date March _____-May _____, 2022
This lesson will discuss the Historical background of Probation in the Philippines; the
Description Acts involve in the Probation program; the Forerunners of Probation; the Important
of the personalities in the history of probation; the significant characteristics of probation;
Lesson and the whole process of probation. This lesson also includes exercises and tasks to
assess the student’s understanding of the discussion.
Learning Outcomes
Intended Students should be able to meet the following intended learning outcomes:
Learning  Understand the Probation Program in the Philippines.
Outcomes  Identify the Laws or Acts involve in the Probation Program.
 The important personalities who introduced Probation Program in the
Philippines.
 Identify the process and proper procedure in the application of probation.
Targets/ At the end of the lesson, students should be able to:
Objectives  Identify the importance of Probation Law in the Philippines.
 Differentiate the Probation Program of the Philippines from other countries.
 Understand how Probation Program is being practiced in the Philippines.
Student Learning Strategies
Online Activities A. Online Discussion via Google Meet

(Synchronous/ You will be directed to attend in a Three-Hour class discussion on the
Introduction to Non-Institutional Corrections. To have access to the
Asynchronous) Online Discussion, refer to this link: ____________________.
The online discussion will happen on March _____, 2022 from _______ P.M,
and on May _____, 2022 from _______ P.M.
Province of Laguna
(For further instructions, refer to your Google Classroom and see the
schedule of activities for this module)
B. Learning Guide Questions:

1. How is Probation introduced in the Philippines?
2. Who are the persons involved in the creation of Probation Program in
the Philippines?
3. What are the forerunners of Probation?
4. What are the characteristics and benefits of Probation?
Note: The insight that you will post on online discussion forum using Learning Management
System (LMS) will receive additional scores in class participation.
Offline Activities
(e-Learning/Self- Lecture Guide
Paced)
HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES
Probation was first introduced in the Philippines during the American
colonial period (1898-1945) with the enactment of Act No. 4221 of the
Philippines Legislature on 7 August 1935.
ACT 4221- THE FIRST PROBATION LAW OF 1935

This law created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme Court of
the Philippines declared the Probation Law unconstitutional because of
some defects in the law’s procedural framework by the case of People vs. Vera
which states that Act 4221 cause undue delegation of legislative power and
violation of equal protection of the law.
In 1972, House Bill No. 393 was filed in Congress by Teodulo C.

Natividad and Ramon D. Bagatsing, which would establish a probation
system in the Philippines. This bill avoided the objectionable features of Act
4221 that struck down the 1935 law as unconstitutional.
The bill was passed by the House of Representatives, but was pending in
Province of Laguna
Senate when Martial Law was declared and Congress was abolished.
On July 24, 1976, Presidential Decree No. 968, also known as the
Adult Probation Law of 1976, was signed into law by the President of the
Philippines.
Fifteen selected probation officers were sent to USA for orientation and
training in probation administration. Upon their return, they were assigned to
train the newly recruited probation officers.
The probation system started to operate on 3 January 1978. As more
probation officers were recruited and trained, more field offices were opened.
There are at present 204 field offices spread all over the country, supervised by
15 regional offices.
November 23, 1989, EO 292 was promulgated which added functions of
supervising prisoner under parole and pardon with parole conditions.
PROBATION is a disposition whereby a defendant, after conviction and

sentence, is released subject to conditions imposed by the court and to the
supervision of probation officer.
PD 968- THE PROBATION LAW OF 1976

-Approved on 24 July 1976.
-Effectivity date is 3 January 1978.
The PPA was created pursuant to Presidential Decree No. 968, as

amended, to administer the probation system. Under Executive Order No. 292,
the Probation Administration was renamed as “Parole and Probation
Administration”, and given the added function of supervising prisoners who,
after serving part of their sentence in jails are released on parole or
granted conditional pardon. The PPA and the Board of Pardons and Parole
are the agencies involved in the non-institutional treatment of offenders.
Province of Laguna
PD 603- The Child and Youth Welfare Code of 1974 that provides probation for
minors below the age of 18.
AMENDATORY LAWS OF PD 968

 PD 1257- Effectivity date, 01 December 1977; amended the period
within which application for probation must be made.
 BP 76- Effectivity date, 13 June 1980; amended the maximum penalty
for qualification for probation.
 PD 1990- Effectivity date, 15 January 1986; amended BP 76 back to
original form and made probation and appeal exclusive remedies.
 RA 10707- New Probation Law of 2015. Application can now be made
after the appellate decision.
PROBATIONER/CLIENT
-Is a person placed on probation.
PROBATION OFFICER (Now Parole and Probation Officer)

-Is one who investigates (PSI) for the court a referral for probation or
supervises a probationer or both.
FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had
maintained that a member of the clergy brought to trial in a King’s Court might
be claimed from that jurisdiction by the bishop or chaplain representing him,
on the ground that he, the prisoner, was subject to the authority of the
ecclesiastical courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after
judgment, as where the judge is not satisfied with the verdict, or evidence is
Province of Laguna
suspicious, or indictment is insufficient, or he us doubtful whether the offense

be within the clergy, or sometimes if it be a small felony, or any favorable
circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
It originated as a measure of preventive justice, involving the release of
the person accused of committing a crime to the custody of a person of
reputable character, who shall have the responsibility of bringing the accused
to court whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later
developed as a plan for supplying new colonies with cheap labor. It was also
an attempt to substitute for brutal punishment at home and an opportunity for
rehabilitation in a new country.
IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION
John Augustus
-Father of Probation in the US.
-American pioneer of probation.
-The first true probation officer.
Fr. Rufus Cook

-The successor of John Augustus that continued that latter’s work on probation
in Boston.
Matthew Davenport Hill

-Is considered as the Father of Probation in England.
Teodulo C. Natividad
-Father of Philippine Probation.
-Primary author of HB 393 that later on became PD 968.
-Co-authored by Cong. Ramon Bagatsing.
Province of Laguna
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was
challenged because of the following grounds:
a. The said act encroaches upon the pardoning power of the executive.
b. That is constitute an undue delegation of legislative power.
c. It denies the equal protection of the laws.
SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system.
2. To promote the reformation of offenders.
3. Reduction of the incidence of recidivism.
4. Extending to offenders individualized and community-based treatment
programs instead of imprisoning them.
5. Limited to offenders who are likely to respond thereto favorably.
6. The method is less costly than confinement.
PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

1. There is no single cause for delinquent behavior. Human beings are
extremely complicated.
2. Delinquent and criminal acts are symptoms of a more serious underlying
condition.
3. That the individual has the ability to change and to modify his anti-social
behavior with the right kind of help.
4. The Central goal of the Probation Administration is to enhance the safety of
the community by reducing the incidence of criminal acts by persons
previously convicted.
5. This is of course not to say that probation should be used in all cases, or that
will always produce better results.
6. By the same token, however, it is to say that probation is a good bit more
than the “matter of grace” or “leniency” which characterizes the philosophy of
Province of Laguna
the general public and of many judges and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted
or refused at the discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence
investigation report (PSIR).
BENEFITS OF PROBATION
a. Probation Protects Society

1. From the excessive costs of detention.
2. From the high rate of recidivism of detained offenders.
b. Probation Protects the Victim
1. It provides restitution.
2. It preserves justice.
c. Probation Protects the Family
1. It does not deprive the wife and children of husband and father.
2. It maintains the unity of home.
d. Probation assists the Government
1. It reduces the population of prisons and jails.
2. It lessens the clogging of courts.
3. It lightens the load of prosecutors.
4. It sustains law enforcement.
e. Probation Helps the Offender
1. It maintains his earning power.
2. It provides rehabilitation in the community.
3. It restores his dignity.
f. Probation justifies the Philosophy of Men
1. That life is sacred.
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2. That all men deserve a second chance.

3. That an individual can change.
4. That society has a moral obligation to lift the fallen.
ADVANTAGES OF PROBATION
a. Probation prevents crime by offering freedom and aid only to those
offenders who are likely to assault the society again.
b. It protects the society by placing under close supervision non-dangerous
offenders while undergoing treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first-time offenders from turning into hardened
criminals.
e. It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of feeding and
guarding detainees.
h. It gives the first and light offenders a second chance in life and provides as
opportunity for the reformation of a penitent offender.
i. It makes the offender productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the
sentence, whether it imposes a term of imprisonment or a fine only, is
suspended and the defendant is released on probation.
PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its
grant depends upon the discretion of the court. But it will be declared as a right
if the applicant is a minor stated under RA 9344 and it will also become a right
when the probation order is already released by the court.
Province of Laguna
NECESSITY OF APPLICATION
Probation may not be granted except upon application of the defendant.
TIME FOR APPLICATION

The law says that the application for probation should be made within
the period for perfecting an appeal or within fifteen (15) days from
promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application for probation shall be deemed a waiver of the
right to appeal. In such case the accused cannot, even by withdrawing his
application for probation, reinstate his appeal or right to appeal.
RA 10707
PROBATION LAW OF 2015
No application for probation shall be entertained or granted if the

defendant has perfected the appeal from the judgment of conviction:
Provided, that when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through
the imposition of a probationable penalty, the defendant shall be allowed to
apply for probation based on the modified decision before such decision
becomes final.
EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

There is nothing in the Probation Law which indicates that the
defendant’s right to move for a reconsideration of the judgment of conviction,
or his right to ask for new trial, is waived or suspended by his application for
probation, or that such application has the effect of an automatic withdrawal of
a pending motion for reconsideration or new trial, although there is likewise
nothing in the law which suggests that the filing of the application for
probation interrupts the running of the period for reconsideration or new trial.
FORM OF APPLICATION
The law does not prescribe any particular form and therefore it may be
Province of Laguna
in any form, written or oral. For recording purposes, however, oral applications
should be reduced to writing.
POST SENTENCE INVESTIGATION

The Probation Law provides “no person shall be placed on probation
except upon prior investigation by the probation officer and a determination
by the court that the ends of justice and the best interest of the public as well as
that of the defendant will be served thereby.”
The probation officer shall submit to the court the investigation report
on an applicant not later than sixty (60) days from receipt of the order of the
said court to conduct the investigation.
The court shall resolve the petition for probation not later than fifteen
(15) days after receipt of said order.
DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR

INVESTIGATION
However, there is nothing in the law which requires that such an
investigation should be conducted in every case as an essential condition
before the court may deny an application for probation.
COURT MAY ORDER INVESTIGATION SO LONG AS APPLICATION IS NOT

SERVING SENTENCE
If there is an application and the defendant does not appear to be
disqualified, the court may order such investigation only after a sentence of
conviction by the trial court for the reason that the same would be premature if
made prior to said conviction, considering that the judgment might eventually
be an acquittal or, even if it be conviction, the court might find as a fact in its
decision that the defendant is a disqualified offender, in either of which cases
the order for investigation would serve no purpose.
POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Under our Probation Law, the investigation for probation is a post-
sentence, not pre-sentence investigation; meaning that the investigation is
after, not before, the sentence. The sentence referred to is the sentence of the
trial court.
Province of Laguna
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character,
antecedents, and environment, mental and physical condition of the offender,
and available institutional and community resources, as well as all other
matters bearing the following questions:
a. Whether or not the offender is in need of correctional treatment that
can be provided most effectively by his commitment to an institution;
b. Whether or not there is undue risk that during the period of probation
the offender will commit another crime;
c. Whether or not probation will depreciate the seriousness of the offense
committed.
Probation Investigation Procedures

The PSI gathers information on the petitioner’s personality, character,
antecedents, environment resources which shall be utilized in the
rehabilitation of the client. The basic tools used in the PSI are interviews,
records check, and psychological evaluation and drug tests. All information
gathered is written in the PPA Form 3 or Post-Sentence Investigation Report
(PSIR) submitted to the court for disposition.
Courtesy Investigation
Full Blown Courtesy Investigation (FBCI)

1. It is a transient offender in a place of commission of the crime and/or a
permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city
of origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents
of the place of origin.
Partial Courtesy Investigation (PCI)- It shall be used for petitioners who do

not fall within the purview of the FBCI and is conducted by another PPO.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in
Province of Laguna
the investigation of a petitioner. The constitutional guarantee of right to

counsel will not apply because the investigation by the probation and parole
officer is neither prosecutor nor accusatory in character.
PRIVILEGE AGAINT SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence investigation report
shall be privileged and could not be used as evidence against any person, no
matter how incriminating the information may be.
NO SUBPOENA POWERS
Probation and Parole officers are not clothed with subpoena powers
under the Probation Law. There is nothing to prevent them, however, from
requesting the court to issue subpoenas requiring the attendance of witnesses
in their investigations.
SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation
and Parole Officer should submit his report to the court, “not later than 60
days from receipt of the order of the court to conduct the investigation”.
The same period is merely directory, not mandatory, in the sense that an
investigation report submitted after 60 day would still be a valid report.
NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history “shall be
privilege and shall not be disclosed directly or indirectly to anyone other than
the Parole and Probation Administration or the court concerned.”
NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to
submit any comment, or demand that the court should consider the same.
HEARING NOT REQUIRED

There is nothing in the Probation Law which requires the court to set
for hearing the investigation report or the application for probation, although it
may of course, in its discretion do so, preserving at all times, however, the
confidentiality of the report.
Province of Laguna
The court is mandated to resolve the petition for probation not later
than 15 days after the receipt of the investigation report. The period, however,
seem to be merely directory, not mandatory.
BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

Pending submission of investigation report and the resolution of the
petition for probation, the defendant may be allowed temporary liberty under
his bail filed in the criminal case. In case no bail was filed or the defendant is
incapable of filing one, the court may allow the release of the defendant on
recognizance to the custody of a responsible member of the community who
shall guarantee his appearance whenever required by the court.
GRANT OR DENIAL OF PROBATION
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of probation is a
matter of discretion on the part of the court.
Probation shall be denied if the court finds that:

i. The offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
ii. There is an undue risk that during the period of probation, the offender will
commit another crime; or
iii. Probation will depreciate the seriousness of the offense committed.
ISSUANCE 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 and explain 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 impose
for the offense under which he was placed for probation. In the event that
violation of
any of the conditions of probation is established, the court need not revoke the
probation; it has the discretion to revoke or continue the probation and modify
the conditions thereof.
Province of Laguna
APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted
by the court. He should be allowed to turn down the same grant, especially
since he might feel that the terms and conditions thereof are too onerous for
him.
GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI

MAY LIE
CIVIL LIABILITY NOT AFFECTED

Probation is a substitute for imprisonment (including subsidiary
imprisonment in case of non-payment of fine) and other criminal penalties, not
a mode of discharging the civil liability, which is owed not to the State but to
the offended party.
COVERAGE OR SCOPE OF APPLICATION OF DECREE
A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree
applies only to offenders.
B. Offenders covered
The Decree declares, “it shall apply to all offenders”.
C. Disqualified Offenders
Not all offenders, however, fall within its coverage:
1. Sentenced to serve a maximum term of imprisonment of more than six
years;
2. Convicted of subversion or any crime against the national security or public
order;
3. 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;
4. Who have been once on probation under the provisions of this Decree;
5. Who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Sec. 33 hereof;

6. It expressly excludes from its operation “those entitled to the benefits of PD
Province of Laguna
603, as amended (otherwise known as the Child and Youth Welfare Code) and
similar laws;
7. Even if the offender does not fall under the terms of the Child and Youth
Welfare Code and the “similar laws” just mentioned, he would not be entitled
to the benefits of the Decree if he has not been convicted and sentenced;
8. An offender who is already serving sentence or is otherwise specifically
disqualified under Sec. 9;
9. Under Sec. 264, BP 881 as amended by BP 882, 883, and 884, which state,
“any person found guilty of any election offense under this code shall be
punished with imprisonment of not less than 1 year but not more than 6 years
and shall not be subject to probation”;
10. Sec. 9, PD 1987 (An Act creating the Videogram Regulatory Board,
dated October 5, 1985) states “The provisions of PD 968, as amended shall not
apply in cases of violations of this Decree, including its implementing rules and
regulations;
11. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the
violators of the law shall not be entitled to the benefits of the Probation Law;
12. Violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Except Sec 12, 14, 17, 57, and 70;
 Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs.
 Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during Parties, Social Gatherings or
Meetings.
 Section 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
 Section 57. Probation and Community Service under the Voluntary
Submission Program.
 Section 70. Probation or Community Service for a First-time Minor
offender in lieu of Imprisonment.
A drug dependent who is discharged as rehabilitated by the DOH-

Province of Laguna
accredited Center through the voluntary submission program, but does not
qualify for exemption from criminal liability under Section 55 of the Act,
may be charged under the provisions of the Act, but shall be placed on
probation and undergo community service in lieu of imprisonment and/or
fine in the discretion of the court, without prejudice to the outcome of any
pending case filed in court. Such drug dependent shall undergo community
service as part of his/her after-care and follow-up program, which may be
done in coordination with non-government, civic organization accredited by
the DSWD, with the recommendation of the Board.
13. When the time for probation already lapse.
WHEN THE COURT MUST DENY PROBATION

The court shall deny an application for probation whenever it finds that:
a. The offender is in need of correctional treatment that can be provided most
effectively by his confinement to an institution;
b. There is undue risk that during the period of probation the offender will
commit another crime;
c. Probation will depreciate the seriousness of the offense committed.
What will happen if the application for probation is denied?

The offender will be sent by the sentencing court to prison to serve his
sentence.
How many times can one be granted probation?

Only once.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a term of imprisonment
of not more than one (1) year shall not exceed two (2) years, in all cases,
shall not exceed six (6) years.
b. When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall
not be less than nor more than twice the total number of days of subsidiary
imprisonment as computed in the rate established in Art. 39 of the Revised
Penal Code, as amended.
Province of Laguna
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
a. Present himself to the probation (and parole) officer designated to

undertake his supervision at such place as may be specified in the order within
72 hours from receipt of said order;
b. Report to the probation (and parole) officer at least once a month at such
time and place as specified by the said order.
2. Special or Discretionary Conditions
a. Cooperate with the program of supervision;

b. Meet his family responsibilities;
c. Devote himself to specific employment and not to change said employment
without prior written approval of the probation (and parole) officer;
d. Undergo medical, psychological, or psychiatric examination and treatment
and enter and remain in a specified institution, when required for the purpose;
e. Pursue 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. Abstain from drinking intoxicating beverages to excess;
i. Permit the probation (and parole) officer or an authorized social worker to
visit his home and place of work;
j. Reside at premise approved by it and not to change his residence without its
prior written approval; or
k. Satisfy any other condition related to the rehabilitation of the defendant and
not unduly restrictive of his liberty or incompatible with his freedom of
conscience.
VIOLATION OF PROBATION CONDITION

1. Fact finding Investigation order of the court to the CPPO.
2. The PPO prepares and submits violation report to the CPPO.
3. Filing of violation report to the trial court.
4. Arrest of erring probationer (WOA)
5. Hearing of violation in court.
6. Disposition of probation revocation, continuation or modification.
Province of Laguna
If revocation was decided, the court will issue a revocation order and
the accused will serve the original sentence imposed.
When can the Court modify the Conditions for Probation?
At any time during supervision after summary hearing when the
probationer violated any of its conditions upon application by the probation
officer or the probationer himself.
Note: Only the judge who heard and declared the case has the power to grant,
deny, modify, revoke and terminate probation.
MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION
A. Period of Probation
The period of probation may either be shortened or made longer, but not to
exceed the period set in the law.
B. Conditions of Probation
During the period of probation, the court may, upon application of either
the probationer or the probation officer, revise or modify the conditions of
probation.
The court shall inform in writing the probation officer and the
probationer of any change in the period and conditions of probation.
REVOCATION OF PROBATION
A. Concept of Violation of Probation

A violation of probation shall be understood to mean any act or any
commission on the part of the probationer with respect to the terms and
conditions specified in the probation order.
B. Arrest of the Probationer

At any time during probation, the court may issue a warrant for the arrest
of the probationer for violation of any of the conditions of probation.
Province of Laguna
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and
recommendation of the probation and parole 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.
B. Other ways of terminating probation:

1. Termination before the expiration of the period.
2. Termination by pardon of the probation.
3. Deportation of the probationer.
4. Death of the Probationer
If fully terminated, the court will issue a TERMINATION ORDER.
C. Effect of Final Discharge

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 fully discharge
his liability for any fine imposed as to the offense for which probation was
granted.
CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly, in the court concerned.
Secondly, in the office of the Chief Probation and Parole Officer assigned in the
City or Province. Thirdly and fourthly, copies of these records are being
forwarded to the Regional Parole and Probation Office and the Parole and
Probation Administration (Central Office).
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 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.
Province of Laguna
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 Probationer may file a request for Change of Residence (PPA, Form
24) with the Coty or Provincial Parole and Probation Office, citing the reasons
therefore this request shall be submitted by the Supervising Probation Office
for the approval of the Trial Court.
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.
ABSCONDING PETITIONER VS. ABSCONDING PROBATIONER
Absconding Petitioner- A convicted defendant whose application for

probation has been given due course by the court but fails to report to the
probation office or cannot be located within a reasonable period of time.
Absconding Probationer- A person whose probation was granted but failed
to report for supervision or fails to continue reporting for supervision or
whose whereabouts are unknown for a reasonable period of time.
PROBATION AIDES
(NOW PROBATION ASSISTANTS)
SECTION 57. QUALIFICATIONS: Functions.

a. The Probation Aides must be citizens of good repute and probity;
b. At least 18 years of age on the date of appointment;
c. At least High School graduate;
d. 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; and
e. Probation Aides so appointed may hold office during good behavior for
a period of two (2) years, renewable at the end of each period.
Province of Laguna
SECTION 59. CASELOADS
A. The maximum supervision caseloads of a Probation Aide at any given

time shall be ten (10) probationers or minimum case classification.
B. Three (3) probationers on maximum case classification in addition to
other duties.
Application process of Probation
Appeal
Guilty Within 15 days Waive
Probation Petitioner Submit form to

the same court
Submit Conducts P.S.I Appoints PPA Referral

PSIR to within 60 days P.P.O
the same
court
Denied Mittimus order

Decide
within 15
days
Granted Probation order Release Probationer
Performance Tasks
PT 1
Directions: In a yellow sheet of paper, differentiate Presidential Decree No. 968 from Presidential
Decree 603. Write at least 8-10 sentences. You may use either BLOCK or letter form in writing your
Province of Laguna
explanation. (15 pts.)
Name: Date:
Year and Sec.: Subject:
PT 2
Directions: Make a video discussing the process of Probation program from the application process up
to Denial or Granting of the privilege. Use English language in your discussion. (20 pts.)
Understanding Directed Assess

Province of Laguna
Rubric for Assessment in PT 1 and PT 2
It does not have a Majority of required elements All required elements are
grasp of the are present. Is at ease with present. Demonstrate full
information and expected information to all knowledge by presenting
cannot answer the needed elements without information responsive to
questions about the elaboration. all elements with
subject. explanation and
While there may be minor elaboration.
Content &
It contains numerous errors, which it follows normal
Substance
errors. conventions throughout and The content is error-free
PT1 (15
Plagiarism is has carefully proofread and develops a position
pts)
disturbing in the based on evidence from
PT 2 (20
answers. Develops a position based on sources that consider
pts)
evidence from sources that multiple perspectives;
It does not develop a doesn’t consider multiple draws reasonable
position; no perspectives; draws somewhat conclusions.
conclusion evident. reasonable conclusions.
(1-5) (6-10) (11-15)

(1-6) (7-13) (14-20)
Learning Resources
Province of Laguna
 Dionisio, John Michael RCrim, MSCJ. (2019) Compilation of Correctional Administration

1&2.
 Presidential Decree No. 968. (1976) Adult Probation Law in the Philippines.
 Presidential Decree 1257. (1977). Amending Certain Sections of Presidential Decree
Numbered Nine Hundred And Sixty-Eight, Otherwise Known as The Probation Law Of 1976.
 Presidential Decree 1990. (1986). Amending BP 76 back to original form and made
probation and appeal exclusive remedies.
 Batas Pambansa Blg. 76. (1980). An Act Amending Presidential Decree Numbered Nine
Hundred Sixty-Eight, as Amended, Otherwise Known as the Probation Law of Nineteen
Hundred and Seventy-Six, So as to Expand its Coverage.
 Republic Act No. 10707. (2015). An Act Amending Presidential Decree No. 968, Otherwise
Known As The “Probation Law Of 1976”, As Amended.
 Parole and Probation Administration Omnibus Rules On Probation Methods and
Procedures. (2004).
 Rules and Regulations of the Parole and Probation Administration on Parole Supervision.

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Republic of the Philippines

Laguna State Polytechnic University

LSPU Self-Paced Learning Module (SLM)

Student Learning Strategies

Online Activities A. Online Discussion via Google Meet

B. Learning Guide Questions:

ACT 4221- THE FIRST PROBATION LAW OF 1935

In 1972, House Bill No. 393 was filed in Congress by Teodulo C.

PROBATION is a disposition whereby a defendant, after conviction and

PD 968- THE PROBATION LAW OF 1976

The PPA was created pursuant to Presidential Decree No. 968, as

AMENDATORY LAWS OF PD 968

PROBATION OFFICER (Now Parole and Probation Officer)

suspicious, or indictment is insufficient, or he us doubtful whether the offense

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

Fr. Rufus Cook

Matthew Davenport Hill

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

a. Probation Protects Society

2. That all men deserve a second chance.

SUSPENSION OF EXECUTION OF SENTENCE

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

TIME FOR APPLICATION

No application for probation shall be entertained or granted if the

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

POST SENTENCE INVESTIGATION

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICATION IS NOT

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Probation Investigation Procedures

Full Blown Courtesy Investigation (FBCI)

Partial Courtesy Investigation (PCI)- It shall be used for petitioners who do

the investigation of a petitioner. The constitutional guarantee of right to

PRIVILEGE AGAINT SELF-INCRIMINATION NOT AVAILABLE

SUBMISSION OF INVESTIGATION REPORT

NO COPY OF REPORT FOR APPLICANT

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

HEARING NOT REQUIRED

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

GRANT OR DENIAL OF PROBATION

Probation shall be denied if the court finds that:

ISSUANCE OF PROBATION ORDER

APPLICANT MAY REJECT GRANT OF PROBATION

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI

CIVIL LIABILITY NOT AFFECTED

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

this Decree became applicable pursuant to Sec. 33 hereof;

 Section 12. Possession of Equipment, Instrument, Apparatus and Other

A drug dependent who is discharged as rehabilitated by the DOH-

WHEN THE COURT MUST DENY PROBATION

What will happen if the application for probation is denied?

How many times can one be granted probation?

1. General or Mandatory Conditions

a. Present himself to the probation (and parole) officer designated to

2. Special or Discretionary Conditions

a. Cooperate with the program of supervision;

VIOLATION OF PROBATION CONDITION

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION