Correctional Administration: Non-Institutional Correction

University of Mindanao
Digos College
Correctional Administration
Non-Institutional
Correction
Ms. Lalaine dela Peña Madanlo
Probation in the Philippines
Probation
 Effectivity of Probation Order

 Terms and Condition
 Period of Probation
 Indemnification
Non-Institutional Correction
Effectivity of Probation Order
It shall take effect upon its issuance.
Trial Court
Orientation
Offender Not appealable
Receipt of Probation Order
Docket Book of PO
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.
Period of Probation
 A term of imprisonment of not more than 1 year.

It shall not exceed 2 years or 6 years.
 Fine - subsidiary imprisonment - insolvency

It shall not be less than nor be more than twice
the total number of days of subsidiary
imprisonment.
Indemnification
Payment:
 Clerk of Court of the Trial Court - victim - receipt -

copy - probationer - Probation Office
 Deposit to victim’s account - bankbook - Probation

Office - victim - disposition
 Direct to the victim - receipt - filed - supervision

record - Probation Office
Privilege
It refers to the sentencing
granted stage not the status of a
Trial Court
refused man on probation.
convicted
violate Applicant sentenced
Probationer
cannot be
revoke unless: violation is alleged
 notice is given
 hearing
Privilege
stage not the status of a
man on probation.
Probationer violate
The right to remain in probation
until the satisfactory proof is A matter of right
submitted. continuance
of probation
It cannot be
terminated by judicial
fiat.
Privilege
man on probation.
Probationer violate
taken into custody

Preliminary and formal hearings
Purpose:
 Establish that the alleged violation did
occur.
 Justify the revocation.
Privilege
man on probation.
Probationer violate
taken into custody

Preliminary and formal hearings
It must be clear and showing
satisfactory preponderance of
evidence.
Arrest of Probationer
Trial Court
Arrest violation of any of the
Offender conditions of probation
detained
hearing
Not appealable bail
revoked continue
order the probationer to modify the conditions
serve the sentence
originally imposed.
Probation
 Termination of Probation
 Restoration of Rights after Termination of Probation
Termination of Probation
Probation Officer shall submit termination report to
the court containing the ff:
 condition of probation
 program of supervision
and response to treatment
 recommendation
2 ways of terminating probation:
1. After period of probation with satisfactory
compliance with conditions of
probation.
2. Other ways of terminating probation

 termination before the expiration of
the period.
 termination by pardon of the
probationer.
2 ways of terminating probation:
1. After period of probation with satisfactory
compliance with conditions of
probation.
2. Other ways of terminating probation

 deportation of the probationer
 death of the probationer

Restoration of Rights after Termination of Probation
a. All civil rights suspended when the offender was

convicted and sentenced are restored after the
termination of probation
b. Liability to pay a fine is also discharged in case

of subsidiary imprisonment.
Restoration of Rights after Termination of Probation
Change of Residence of Probationer
File a request
RTC which has City or Provincial

jurisdiction over the Parole and
place shall have full Probation officer
control of the
probationer
YES
Court’s approval
Probationer’s Outside Travel
 Probation officer authorized the probationer

to travel outside the area of the operation for
a period of 10 days but not exceeding 30 days.
 If 30 days, Probationer must file 5 days before

travel, a request to travel outside for the
approval of Probation authorities.
 If more than 30 days, Probation Authorities

shall recommend for Court Approval.
DOJ
Probation Administration
President
Probation Exercise general
Administrator supervision over all
probationers.
Asst. Probation
Administrator
Probation Administrator
Asst. Probation Administrator
Qualifications:
 A person must be at least thirty-five years
of age
 Holder of a master’s degree or its
equivalent in either criminology, social
work, corrections, penology, psychology,
sociology, public administration, law, police
science, police administration, or related
fields,
Probation Administrator
Asst. Probation Administrator
Qualifications:
 At least five years of supervisory
experience.
 A member of the Philippine Bar with at
least seven years of supervisory experience.
Probation Administration President
Regional Office DOJ Secretary
Regional Probation Officer
Asst. Regional Probation Officer
Probation Administration DOJ Secretary
Administrator
Provincial and City Probation Officers
There shall be at least one probation
officer in each province and city
Qualifications:
 At least a bachelor’s degree with a major
in social work, sociology, psychology,
criminology, penology, corrections, police
science, administration, or related fields.
Administrator
Qualifications:
 At least three years of experience in work
requiring any of the abovementioned
disciplines.
Administrator
Qualifications:
 A member of the Philippine Bar with at
least three years of supervisory experience.
Person in Authority
Powers of Chief Probation Officers
 administer oaths
 take depositions  duties
 functions
Probation Aides
To assist the Provincial or City Probation Officers in
the supervision of probationers, the Probation
Administrator may appoint citizens of good
repute and probity to act as probation aides.
Term: 2 years

Correctional Administration: Non-Institutional Correction

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University of Mindanao

 Effectivity of Probation Order

 A term of imprisonment of not more than 1 year.

 Fine - subsidiary imprisonment - insolvency

 Clerk of Court of the Trial Court - victim - receipt -

 Deposit to victim’s account - bankbook - Probation

 Direct to the victim - receipt - filed - supervision

taken into custody

taken into custody

2. Other ways of terminating probation

2. Other ways of terminating probation

 death of the probationer

a. All civil rights suspended when the offender was

b. Liability to pay a fine is also discharged in case

RTC which has City or Provincial

 Probation officer authorized the probationer

 If 30 days, Probationer must file 5 days before

 If more than 30 days, Probation Authorities

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