Effectivity of a 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
imposed for the offense under which he was placed on probation.

Duration or period of probation

1. 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.
2. if more than (1) year to six (6) years, said period shall not exceed six (6) years;
3. 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 to be
more than twice the total number of days of subsidiary imprisonment as computed at the rate
established in article thirty nine of the revised penal code (RPC), as amended.

Control and supervision of probationer

The probationer and his probation program shall be under the control of the court that placed
him on probation subject to the actual supervision and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the executive judge of the court of first instance (regional trial
court) of the place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said executive judge. Thereafter, the executive judge to whom
jurisdiction over the probationer is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation. (sec. 13, P.D. No 968, as amended)

What is the role of the probation officer?

The probation officer plays a major role in the release of the probationer because he (probation
officer) is in the best position to report all information relative to the conduct and mental condition of the
probationer in his environment, and the existing institutional and community resources that he may avail
when necessary. It is the probation officer who primarily undertakes the supervision and reform of
the probationer through personalized, individualized and community-based rehabilitation program
to a specific period of time. On the basis of his final report, the court can determine whether or not the
probationer may be released from probation.

The probation officers neglect to submit his report and recommendation is reprehensible. Without
the report, the trial court could not issue the order of final discharge of the probationer. It is this order of
final discharge, which would restore the probationer’s suspended civil rights. In the absence of the order
of final discharge, the probation would still subsist, unless otherwise revoked for cause.

Duties and responsibilities of provincial probation officer

1. Investigate all persons referred to him for investigation by the proper court or the administrator;
2. Instruct all probationers under his supervision or that of the probation aide on the terms and
condition of their probation;
 3. Keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
4. Maintain a detailed record of his work and submit such written reports as may be required by the
administration or the court having jurisdiction over the probationer under his supervision;
5. Prepare a list of qualified resident of the province or city where he is assigned who are willing to
act as probation aides;
6. Supervise the training of probation aides and oversee the latter’s supervision of probationers;
7. Exercise supervision and control over all field assistants, probation aides and other personnel;
and

8. Perform such duties as may be assigned by the court or the administration.

Who are eligible to be a volunteer probation aide?

Volunteer probation aide must be a Filipino citizen of good repute and probity, at least 18
years of age, resident of good standing of the province or city where the probationer to be supervised
resides, appointed by the probation administration upon recommendation of the provincial or city
probation officer to assist the probation officer in the supervision and guidance of the probationer.

What are the duties of volunteer probation aides?

A volunteer probation aide shall perform the following duties;

1. Assist the probation officer in the supervision and guidance of probationer ;

2. Prepare and submit a detailed record of his work and such other written reports as may
be required by the probation office.

The revocation of probation procedure

The probation is revocable before the final discharge of the probationer by the court at any time
during probation, the court may issue a warrant for the arrest of a probationer for violation of any
of the conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release
on bail of persons charged with a crime shall be applicable to probationers arrested under this provisions
(sec. 15, 1 par., P.D 968, as amended) if the violation is established, the court may revoke or continue his
probation and modify the condition thereof.

In the hearing which 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 which are material and relevant to
ascertain the veracity by the technical rules of evidence but may inform itself of all the facts which are
material and relevant to ascertain the veracity of the charged. The state shall be represented by a
prosecuting officer in any contested hearing if the violation is established, the court may revoke or
continue his probation and modify the condition thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable.