Supervision and Powers of Probation Officer
- Probationers are supervised and visited by probation officers.
- Probation officers have police powers over probationers.
- Probationers must comply with court-imposed conditions.
Conditions of Probation
- Courts may impose discretionary conditions, including but not limited to:
- No injurious or vicious habits.
- Avoid harmful persons or places.
- Report regularly to probation officer.
- Allow probation officer visits.
- Truthfully answer inquiries.
- Endeavor for regular employment.
- Reside within a specified locality.
- Make reparations for damages caused.
- Support spouse and children.
- Follow additional court orders.
- Abide by all laws and regulations.
- Courts may modify conditions or probation periods anytime.
- Written notification of probation terms is required.
Termination of Probation
- Upon satisfactory compliance reported by probation officer, court orders case termination and final discharge.
Violation and Revocation of Probation
- Failure to comply may result in arrest warrant issuance and possible detention.
- Probationer entitled to arraignment and hearing.
- Court may revoke, continue, or modify probation.
- If revoked, original sentence execution is ordered.
Duties of Probation Officers
- Provide probationers with period and condition statements and instructions.
- Monitor and report on probationers' conduct at least bi-monthly.
- Maintain records and report to Secretary of Justice.
- Offer advice and assistance to improve probationers' behavior.
- May serve as parole officers upon request or designation without extra pay.
Limits on Probation Periods
- Maximum probation periods:
- Up to 2 years for offenses with penalties not exceeding one year imprisonment.
- For other crimes, not exceeding twice the maximum imprisonment term.
- Probation period cannot be shorter than the sentence imposed.
Exclusions from Probation
- Excludes persons convicted of:
- Death penalty or life imprisonment offenses.
- Homicide, treason, conspiracy or proposal to commit treason.
- Misprision of treason, sedition, espionage.
- Piracy, brigandage, arson, robbery in band.
- Robbery with violence when a deadly weapon was displayed.
- Corruption of minors.
- Habitual delinquents.
- Persons previously placed on probation.
- Those already sentenced by final judgment at the time of the Act's approval.
Definitions
- "Probationer" means a person placed on probation.
- "Probation officer" means an appointed individual who investigates prior to sentence or supervises probationers.
Establishment and Administration of Probation Office
- Creation of Probation Office within Department of Justice.
- Chief Probation Officer appointed by Governor-General with Senate consent.
- Salary of Chief Probation Officer fixed at 4,800 pesos per annum.
- Initial appropriation of 50,000 pesos from Insular Treasury for implementation.
- Probation officers and staff appointed under civil service rules.
Application and Implementation
- Applicable only in provinces that provide sufficient salary for probation officers.
- Probation officers appointed by Secretary of Justice and under Probation Office direction.
Effectivity
- The law takes effect upon approval.