file:crimpro_part1_vii_chklistiii.htm

Checklist III

How To Deal With
Incidents During Probation

I. Modification of Probation Condition/s or Period

1. On receipt of the application for modification of the condition/s and/or
period of probation, direct the clerk of court to set the application for
hearing, with due notice to the probationer and the probation officer, keeping
in mind that the governing law258
provides that during the probation period, the court may, upon application of
either the probationer or the probation officer, revise or modify the
conditions or period of probation and that both probationer and probation
officer must be given an opportunity to be heard thereon.

2. Hear the probationer and the probation officer on the application on the
date and hour set for hearing thereof.

3. If you find the application to be unmeritorious, issue Order denying it,
with due notice to the probationer and the probation officer.

4. If you find the application to be meritorious, issue Order granting it259 with due notice to the probationer and the
probation officer.

II. Revocation of Probation

1. On your own initiative or upon receipt of proper application, issue Order
setting forth the violation of the probation conditions charged against the
probationer and directing the issuance of a warrant for his/her arrest since
the governing law260 provides pertinently
that at any time during probation, the court may issue a warrant for the arrest
of the probationer for any serious violation of the probation conditions; that
once arrested, the probationer shall immediately be brought before the Court
for a hearing of the violation charged; that the defendant may be admitted to
bail pending such hearing; and, that the provisions regarding release on bail
of persons charged with a crime shall be applicable to the probationer in such
case.

2. Upon receipt of the return on the probationer’s arrest and detention
pursuant to said warrant, direct the clerk of court to set the charge against
the probationer for hearing, with due notice to the probationer and the probation
officer.

3. Conduct the hearing as scheduled, keeping in mind that the governing law261 provides pertinently that the hearing
shall be summary in nature; that the court shall not be bound by the technical
rules of evidence but may inform itself of all the facts which are material and
relevant to ascertain the veracity of the charge; that the probationer shall
have the right to be informed of the violation charged and to adduce evidence
in his/her favor; and, that the State shall be represented by a prosecuting
officer in any contested hearing.

4. If the violation is established, issue Order either revoking the
probation or continuing the probation and modifying the conditions thereof,
keeping in mind that the governing law262
provides pertinently that if the grant of probation is revoked, the court shall
order the probationer to serve the sentence originally imposed and that an
Order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable. 263

5. If the grant of probation is revoked, issue Order of commitment on final
sentence.

6. If the violation is not established, issue Order dismissing the charge
and continuing the probation under the same terms and conditions of the
Probation Order, with corresponding directive for the probationer’s immediate
release from custody or the cancellation of his/her bail bond, as the case may
be.

III. Transfer of Control over Probationer

1. On receipt of application therefor, examine and determine if the same is
meritorious or not.

2. If meritorious, issue Order granting the application, keeping in mind
that the governing law264
provides pertinently that whenever a probationer is permitted to reside in a
place under the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the Regional Trial Court (formerly, the
Court of First Instance) of that place265
and in such a case, a copy of the Probation Order, the post-sentence
investigation report, and other pertinent records shall be furnished the said
Executive Judge, and thereafter, the said Executive Judge shall have the power
with respect to the probationer that was previously possessed by the court
which granted the probation to the defendant.

IV. Termination of Probation

1. After the period of probation and upon consideration of the corresponding
report and recommendation of the probation officer, issue Order directing the
final discharge of the probationer if you find that he has fulfilled the terms
and conditions of his/her probation, keeping in mind that the governing law266 provides pertinently that upon the
issuance of such Order the case is deemed terminated; that the final discharge
of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his/her conviction and to fully discharge his/her
liability for any fine imposed as to the offense for which probation was
granted and that the probationer and the probation officer shall each be
furnished a copy of such Order. 267

Probation Court Form No.                

(Order Revoking Probation)

Or other appropriate court

Probation Court Form No.               

(Order Modifying the Conditions of Probation)

Or other appropriate court

Probation Court Form No.               

(Order Modifying the Conditions of Probation)

Or other appropriate court