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Probation Process and Violation Report

The document outlines the process of probation under the Philippine Probation Law (PD 968), detailing steps from application to completion, emphasizing rehabilitation while ensuring community safety. It also describes the procedure for handling violations of probation conditions, including detection, reporting, and court hearings, with potential outcomes such as revocation or modification of probation. Overall, it provides a structured overview of both the probation process and the consequences of non-compliance.

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40 views2 pages

Probation Process and Violation Report

The document outlines the process of probation under the Philippine Probation Law (PD 968), detailing steps from application to completion, emphasizing rehabilitation while ensuring community safety. It also describes the procedure for handling violations of probation conditions, including detection, reporting, and court hearings, with potential outcomes such as revocation or modification of probation. Overall, it provides a structured overview of both the probation process and the consequences of non-compliance.

Uploaded by

ۦۦ ۦۦ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Process of Probation and Violation of Its Conditions

I. Narrative Explanation
Probation is a disposition under the Philippine Probation Law (PD 968) that allows an
offender to remain in the community under the supervision of a probation officer instead of
serving a prison sentence. It aims to promote the offender’s rehabilitation while protecting
society.

Below is a clear and structured explanation of the entire process, including what happens
when a probationer violates any of the imposed conditions.

II. Process of Probation


1. 1. **Filing of Application for Probation** – After conviction, the offender files an
application before the trial court within the allowed period. The filing of the application
suspends the execution of the sentence.
2. 2. **Submission of Post-Sentence Investigation (PSI) Report** – The court orders the
Probation Office to investigate the offender's background, behavior, environment, and
potential for rehabilitation.
3. 3. **Evaluation by the Court** – The judge evaluates the PSI report to determine if the
offender is qualified and suitable for probation.
4. 4. **Issuance of Probation Order** – If granted, the court issues an order placing the
offender under probation with specific conditions.
5. 5. **Supervision Period** – The probationer must comply with all conditions such as
reporting, community service, employment requirements, treatment programs, and
restrictions on conduct.
6. 6. **Completion of Probation** – Once the probation period ends with all conditions
fulfilled, the court issues an order of final discharge, restoring the probationer’s civil
rights.

III. Violation of Probation Conditions


7. 1. **Detection of Violation** – The probation officer observes or receives information
that the probationer violated a condition.
8. 2. **Submission of Violation Report** – The probation officer reports the violation to the
court.
9. 3. **Issuance of Arrest Order or Summons** – The court may order the arrest of the
probationer or require them to appear.
10. 4. **Hearing on the Violation** – The court conducts a hearing to determine if the
violation is true and substantial.
11. 5. **Court Actions After Finding a Violation**:
• Revocation of probation and execution of the original sentence
• Modification of the conditions
• Warning or continued probation
12. 6. **Final Order** – If revoked, the probationer must serve the sentence. If not,
supervision continues under modified terms.

IV. Flowchart (Graph Representation)


PROBATION PROCESS FLOWCHART
-----------------------------------------
Application for Probation
↓
Post-Sentence Investigation
↓
Court Evaluation
↓
Probation Granted
↓
Supervision & Compliance
↓
Successful Completion → Final Discharge

VIOLATION OF PROBATION CONDITIONS FLOWCHART


-----------------------------------------
Violation Occurs
↓
Report by Probation Officer
↓
Court Hearing
↓
Decision:
→ Revocation → Serve Sentence
→ Modification of Conditions
→ Warning / Continued Probation

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