Continuation of CA2

• RA 9165


  Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers -any person convicted for drug trafficking or
• Filing. Application for probation


  File with the Trial Court which has jurisdiction over the case
• Time for Filing

  The petitioner shall file his/her application with the Trial Court at any time after conviction and sentence but within fifteen (15) days from the promulgation of judgment or within the period of perfecting his/her appeal
• Joint Trial


  When two or more accused are tried jointly, the other accused who did not file an appeal may apply for probation by filing a petition within 15 days from the promulgation of judgment
• SECTION 12. Form.


  The application for probation shall be in the form approved by the Secretary of Justice
• SECTION 13. Notice to the Prosecuting Officers of the Filing of the Application. 


  The Trial Court shall notify the concerned Prosecuting Officer of the filing of the application at a reasonable time it deems necessary before the scheduled hearing thereof. 
• SECTION 14. Comment. 


  The Prosecuting Officer may submit his/her Comment on the application within ten (10) days from receipt of the notification. 
• SECTION 15. Referral to Proper Probation Office 

  If the Trial Court finds that the application is in due form and the applicant appears to be qualified for the grant of probation
• SECTION 17. Effects of Filing and Receipt.


  The Trial Court may, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment. 
• Section 18. Bail or recognizance pending resolution of application. 

  Where no bail was filed or the accused is incapable of filing one, the court may allow his/her release on recognizance to the custody of a responsible member of the community who shall guarantee his/her appearance whenever required by the court. 
• Assignment


  After receipt of the referral order from the Trial Court, the Probation Office concerned shall docket and assign the case to an Investigating Officer (IO). 
• Initial Interview/Accomplishment of Work Sheet/ Waiver

  Within five (5) working days from receipt of said referral; CCPO shall authorize
• Collateral Information


  • Gathered from those persons who have direct personal knowledge of the petitioner, offended party family members, and/or their relatives, including barangay officials and disinterested persons
• POST-SENTENCE INVESTIGATION REPORT (PSIR)


  Aims to enable the trial court to determine whether or not the ends of justice and primarily the best interest of the public, as well as that of the petitioner, would be served by the grant or denial of the application
• Nature of Recommendation

  • The final recommendation contained on the last page of the PSIR is persuasive in character addressed to the sound discretion of the Trial Court
• Period to Resolve the Petition for Probation?

  not later than 15 days
• Period for Submission of Investigation Report

  not later than 60 days
• Finality (PD 968)


  The Order of the court granting or denying probation shall not be appealable.
• Effectivity of Probation Order

  shall take effect upon issuance
• Outside Travel (Old, PD 968)

  10-30 days authorize by Probation Officer

  30 days- approved by CPPO

  More than 30 days- submitted to the trial court
• More than 30 days to 6 months

  considered as courtesy supervision
• RA 10707 (NEW) Outside Travel

  not more than 10 days- Probation Officer

  10-30 days- need approval of CPPO
• if probationer did not report for initial supervision the office shall file a?

  violation report
• Fact-Finding Investigation


  Based on reasonable cause reported by a reliable informant or on his/her own findings, the SO concerned or the CPPO himself/herself shall conduct or require the SO to immediately conduct a fact- finding investigation on any alleged or reported violation of probation condition(s) to determine the veracity and truthfulness of the allegation. 
• Violation of Condition


  After the completion of the fact-finding investigation, the SO shall prepare a violation report
• Arrest of Erring Probationer


  After having duly considered the nature and gravity of such reported violation based on the submitted Report, the Trial Court may issue a warrant for the arrest of the probationer for serious violation of his/her probation condition. 
• Hearing of the Violation of Probation. 


  Once arrested and detained, the probationer shall immediately be brought before the Trial Court for a summary hearing
• Revocation 


  served the original sentence
• Modifications 


  changes in conditions
• Right to Counsel


  In the hearing for violation of probation conditions, the probationer shall have the right to counsel of his/her own choice or to request that a counsel be appointed if the probationer cannot obtain counsel. 
• Representation for the State. 


  For the prosecution of violation of probation condition(s), the State shall be represented by the proper prosecuting officer. Coverage. 
• PROBATION AIDES 


  To assist the Provincial or City Probation Officers in the supervision of probationers
• Caseload (Old, PD 968)

  1:10=Minimum

  1:3 =Maximum
• Minimum age of probation aide?

  18 years old
• Caseload (RA 10707)

  Volunteer probation assistant (1:5)
• Minimum age of probation aide on RA 10707?

  25 and above
• Caseload

  VPA's shall supervise 80% of the clients. The maximum of each VPA shall be 1:5 or 5 clients
• Allowance


  VPAs shall not receive any regular compensation except for reasonable transportation and meal allowance for services rendered as VPA in handling supervision cases, as approved by the Department of Budget and Management. 
• TERMINATION OF THE PROBATION SUPERVISION CASE

  Grounds. The probation supervision period may be terminated on any of the following grounds: a) Successful completion of probation; b) Probation revocation for cause under Section 49a(i-iii) of these Rules; c) Death of the probationer; d) Early termination of probation; or e) Other analogous cause(s) or reason(s) on a case-to-case basis as recommended by the Probation Office and approved by the Trial Court. 
• Termination Report

  The Probation Office shall submit to the Trial Court a Probation Officer's Final Report (PPA Form 9) five (5) days before the expiration of the period of probation (NEW)