GROUP 7
ANGELO VILLAJOS
FRIOLO
MASAGNAY
REFERRAL TO
PROBATION OFFICE
DOCKET BOOK
EFFECTS OF FILING
RECIEPT
POST-SENTENCED
INVESTIGATION (PSI)
INVESTIGATION OF
TOPICS COURT REFERRALS
AMICUS CURIA
FORM OF
INVESTIGATION REPORT
PERIOD OF SUBMISSION
OF INVESTIGATION
REPORT
PROCEDURE OF POST-
SENTENCE
INVESTIGATION (PSI)
Referral to Proper Probation Office
If the trial court that the application is in due form and the applicant appears to be qualified for the
grant of probation, its shall order the city or provincial probation and parole officer within it’s
jurisdictions to conduct a Post-Sentence Investigation (PSI) on the applicant and to submit a Post
Sentence Investigation Report (PSIR) within (60) days from receipt of the order of said court to
conduct such investigation, with findings and recommendation as stated in PD 968, as amended.
In this case, the Parole and Probation office (PPO) task in conducting PSI cannot submit the PSIR
within 60 days due to reasonable circumstances, the said PPO should file a Motion of Extension of
Time to Submit PSIR. The said motion must be filed not later than five days before it’s due.
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DOCKET BOOK
The Parole and Probation office should take note that all copies
of court’s order for post-sentence investigation it received shall
be numbered consecutively and recorded in the Docket Book.
This is for the purpose of indicating therein, among others, the
date of receipt thereof, the court, its branch and address,
applicants name, criminal case number, description/designation
of the offense, penalty imposed in the judgement.
EFFECTS OF FILING AND RECEIPT
• Based on the rule, the trial court may, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgement.
• Pending the submission of the PSIR and the resolution on the application, the applicant
may be allowed on temporary liberty under his bail. In case however, that no bail was
filed or the applicant is incapable of filing one, the trial court may allow the release of
the applicant on recognizance to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
• Release on Recognizance (ROR) is governed special law R.A. 10389 other wise
known as the “Recognizance Act of 2012”. This is a mode of securing the release of
any person in custody or detention for the commission of an offense who is unable to
post bail due to abject poverty. The court where the case of such person has been filed
shall allow the release of the accused on recognizance as provided herein, to the
custody of a qualified member of the barangay, city or municipality where the accused
resides.
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Post-Sentence Investigation (PSI)
No person shall be placed upon the probation except upon the
prior investigation by the probation officer. The Post sentence
investigation is the vehicle used to find out the petitioner’s legal
qualifications and his suitability for probation.
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Investigation Of Court Referrals
The Parole and Probation Administration is tasked to undertake
Post Sentence Investigation (PSI) by means of referral coming
from the court. The aim of Post Sentence Investigation is to
provide the courts with relevant information for the selection of
offenders to be placed on probation. The investigation of
applicant of the probation involves a thorough study of his
criminal records, history, backgrounds and other aspects of
his/her life. In certain instances, the petitioner may also be asked
to undergo a drug dependency test or psychological evaluation
for potential rehabilitation.
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Amicus Caria
Refers to someone who assist the court. The regional
level, the chief probation and parole officers for the city
or provincial level may appear as amicus curia.
Probation officers in their respective capacities act as
friends of the court who provide the latter with
information relevant to probation practices. The
probation officer being an Amicus Caria is not
considered as an expert witness whatsoever.
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FORM OF INVESTIGATION REPORT
The format of Post-sentence Investigation Report
(PSIR) to be submitted by the probation officer under
shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
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Period of Submission of Investigation Report
As provided by the P.D. 968, the probation officer shall
submit to the court the investigation report on a
defendant not later than sixty (60) days from the receipt
of the order of said court to conduct the investigation.
The court shall resolve the application for probation not
later than fifteen (15) days after receipts of said report
as also provided by the P.D. 1257.
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