Ona, Tricia Diane P.

BS Criminology IIIA

The resolution of Trial Court for the application for Probation is within 15 days upon the receipt of Post-
sentence investigation report. Remember that probation is a mere privilege and once granted the
application, probationer will have statutory right that cannot be cancelled or revoked without the due
process of law. The first effect of probation is the suspension of serving the sentence and the release of
offender’s bail in order to have a temporary liberty. The decision of the trial court granting or denying
probation is called probation order. A probation order shall immediately take effect when the court is
done informing of the set terms and conditions under his probation period. Denying and granting
probation shall be entered in docket book for proper recording.

Every probation order issued by the court contains mandatory and discretionary conditions.

The court has the control while probation officer has the supervision of the probation. The primary
purpose of supervising the probationer is to see the completion with the conditions of the court,
rehabilitation and re-integration in community, and transformation and development into useful citizen.

If probationer wants to travel outside his area of territorial jurisdiction for a period of 10 days to 30
days, he will be authorizing by Supervising Parole and Probation Officer and will approve by CPPO.
Provided that, he file the request for travel 5 days before the intended travel schedule. But if the
requested travel is for more than 30 days to 6 months, there shall be a courtesy supervision wherein,
the original probation officer will trust the supervision of probationer to the probation officer of the
place where he seeks to travel. This will be recommended by CPPO and submitted to trial court for
approval.

The probationer cannot change his residence without prior written approval of court. If the probationer
file a request for change of residence, citing the reasons, shall be submitted to the SPPO and for the
approval of trial court. Upon approval, the authority and control of the probationer will be transferred
to the Regional Trial Court Executive Judge of his new residence and the supervision will be under CPPO
in the place which he is transferred. 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 and
other investigation and supervision records by the sending Probation.
A probationer who was failed to report within 72 hours for initial supervision and after exerting best
diligent efforts and his whereabouts cannot be found, the proper office will declare that he is
absconding probationer. With the violation report, findings and recommendation will be work out by
SPPO, noted by CPPO and approve by the court.

The trial court may modified or revised the conditions upon motion by the City or Provincial Parole and
Probation Office or by the probationer or his counsel.

If the conditions of your probation specifically prohibit that activity. he probation conditions, the court
can revoke your probation and send you to serve the original jail or prison sentence.

Hwan is under probation and under the supervision of Mike, a Supervising Parole and Probation Officer
for more than two (2) years now. Assuming that Mike received complaint that the probationer
regularly gamble at the casino. Mike confronted Hwan who alleged that he was just relaxing when he
play at the casino and he does not consider himself a gambler.

Is the act of Hwan a violation of his probation's condition? If yes and you are Mike, what would be your
course/s of action about the reported alleged gambling activities of the probationer. State them in their
chronological order, if there is any? (10 points)

Every probation order issued by the court contains mandatory and discretionary conditions. If the
conditions of the probation includes in prohibiting gambling activities, Hwan violated conditions given by
the court. By that, the court can revoke Hwan’s probation and send to serve the original prison
sentence. If I were Mark, the supervising parole and probation officer, I will recommend in the violation
report the modification or revision of Hwan’s condition.