Probation Law for Adults Convicted of Crimes

Section 2 provides that the probationer is subject to the supervision and visitation of the probation officer.
The probationer must comply faithfully with the conditions imposed by the court under Section 3.
Every probation officer has, as to persons placed on probation under the officer’s care, the powers of a police officer.

Section 3 states that the conditions of probation are those the court prescribes in its discretion.
The conditions may include the following specific requirements:
- The probationer shall indulge in no injurious or vicious habits.
- The probationer shall avoid places or persons of disreputable or harmful character.
- The probationer shall report to the probation officer as directed by the court or probation officers.
- The probationer shall permit the probation officer to visit at reasonable times at the probationer’s place of abode or elsewhere.
- The probationer shall truthfully answer reasonable inquiries about conduct or condition.
- The probationer shall endeavor to be employed regularly.
- The probationer shall remain or reside within a specified place or locality.
- The probationer shall make reparation or restitution to the aggrieved parties for actual damages or losses caused by the offense.
- The probationer shall support his wife and children.
- The probationer shall comply with such orders as the court may make from time to time.
- The probationer shall refrain from violating any law, statute, ordinance, or by-law or regulation promulgated in accordance with law.
Section 3 allows the court at any time to revise, modify, or enlarge the conditions or period of probation.
The court must notify the probation officer in writing of the period and terms of probation.

Section 4 requires the probation officer to report after the period of probation.
Section 4 requires the court to find compliance with the conditions of probation.
Upon such compliance, the court shall order the definite termination of the case and the probationer’s final discharge from supervision.

Section 5 allows the court, during the probation period, to issue a warrant for the arrest of a probationer who fails to comply with conditions imposed.
Section 5 allows commitment of the probationer with or without bail.
After arraignment and an opportunity to be heard, the court may revoke, continue, or modify probation.
If the court revokes probation, the court must order the execution of the sentence originally imposed.

Section 6 makes it the duty of every probation officer to furnish each probationer a statement of the period and conditions and to instruct the probationer regarding them.
Section 6 requires probation officers to keep informed about the probationer’s conduct and condition and to aid and encourage improvement through friendly advice and admonition and other measures consistent with court-imposed conditions.
Section 6 requires probation officers to report in writing to the court having jurisdiction at least once every two months about conduct and condition.
Section 6 requires probation officers to keep records and to make reports necessary to inform the Secretary of Justice, as the Secretary may require.
Section 6 allows probation officers to act as parole officers for any penal or reformatory institution for adults when requested by the authorities thereof.
Section 6 provides that, when designated by the Secretary of Justice, probation officers act as parole officers of persons released on parole under Act Numbered Forty-one hundred and three, without any additional compensation.

Section 7 limits the probation period when the convicted offense carries a penalty not exceeding one year: probation cannot extend beyond two years.
For any other crime or offense, probation cannot exceed twice the maximum time of imprisonment to which the person might be sentenced.
Section 7 requires that the period of probation shall never be less than the sentence imposed.

Section 8 excludes probation for persons convicted of offenses punishable by death or life imprisonment.
Section 8 excludes probation for convictions for homicide, treason, conspiracy or proposal to commit treason.
Section 8 excludes probation for misprision of treason, sedition or espionage.
Section 8 excludes probation for piracy, brigandage, arson, or robbery in band.
Section 8 excludes probation for robbery with violence on persons when it is found that they displayed a deadly weapon.
Section 8 excludes probation for corruption of minors and for habitual delinquents.
Section 8 excludes probation for those who have been once on probation.
Section 8 excludes probation for those already sentenced by final judgment at the time of the Act’s approval.

Section 9 defines “probationer” as a person placed on probation.
Section 9 defines “probation officer” as one duly appointed who investigates for the court prior to sentence, supervises a probationer, or both.

Section 10 creates, in the Department of Justice and under its supervision and control, a Probation Office.
Section 10 provides for a Chief Probation Officer to lead the Probation Office.
Section 10 states that the Chief Probation Officer is appointed by the Governor-General with the advice and consent of the Senate.
Section 10 sets the Chief Probation Officer’s salary at four thousand eight hundred pesos per annum.
Section 10 appropriates fifty thousand pesos from the Insular Treasury for probation purposes, to be disbursed by the Secretary of Justice.
Section 10 authorizes the Secretary of Justice to appoint probation officers and administrative personnel of the probation office under civil service regulations.
Section 10 requires that appointees possess qualifications, training, and experience prescribed by the Bureau of Civil Service, and it allows the Secretary to fix compensation until positions are included in the Appropriation Act.

Section 11 provides that the Act applies only in provinces where the respective provincial boards have provided for the salary of a probation officer at rates not lower than those now provided for provincial fiscals.
Section 11 requires probation officers to be appointed by the Secretary of Justice.
Section 11 makes probation officers subject to the direction of the Probation Office.

The statute is Acts No. 4221.
The Act is titled “AN ACT ESTABLISHING PROBATION FOR PERSONS, EIGHTEEN YEARS OF AGE OR ABOVE, CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; PROVIDING PROBATION OFFICERS THEREFOR; AND FOR OTHER PURPOSES.”
The date of issuance is August 07, 1935.