PD 968: The Probation Law defendant and the court shall resolve

the petition for probation

Probation is a disposition under which an  Pending submission of the investigation
accused, after conviction and sentence, is report and the resolution of the petition,
released subject to conditions imposed by the defendant may be allowed on
the court and to the supervision of a temporary liberty under his bail filed in
probation officer. It is a privilege granted the criminal case
by the court; it cannot be availed of as a
matter of right by a person convicted of a Period of Probation
crime. To be able to enjoy the benefits of In essence a time-bound condition. It is a
probation, if must first be shown that an condition in point of time which may be
applicant has none of the disqualification’s shortened and lengthened within the
statutory limits and the achievements by
The Probation Law has objectives similar to the probationer of the reasonable degrees
the Indeterminate Sentence Law: of social stability and responsibility from
the measured observation of the
1.) Rehabilitation and correction of the supervising officer and the exercise
accused through individualized treatment discretion by the court in decisive order.
2.) provide an opportunity for the
reformation of a penitent offender which Criteria for Placing an Offender on
might be less probable if he were to serve Probation
a prison sentence In determining whether an offender may be
3.) Prevent further commission of crimes placed on probation, the court shall
as he is placed under the probation officer's consider all information relative, to the
supervision character, antecedents, environment,
4.) Decongest the jails mental and physical condition of the
5.) Save the government from spending offender, and available institutional and
money for maintaining the accused in community resources.
prison
Note: Probation may be granted whether
Probation is a privilege, not a right. It can the penalty is imprisonment or a fine only.
be granted only if the accused deserves it. For imprisonment, the penalty should be 6
If granted, the accused will be convicted years or less.
but released. He will then comply with
mandatory and discretionary conditions Denial of Probation
imposed by the court and be placed under Probation will be denied in any of the
the supervision of a probation officer. The following circumstances:
discretionary conditions depend on the 1.) The accused needs correctional
court's assessment of the accused but they treatment that can best be provided if he is
must be constructive, consistent with his committed to an institution
conscience, not as burdensome as the 2.) There is an undue risk that he will
original penalty of the crime and must not commit another crime during the probation
unreasonably restrict his liberty. period.
Note: must not unreasonably restrict his 3.) Probation will make the offense not look
liberty. A penalty is always a restriction of serious.
liberty but restrictions must be reasonable Regarding #3, there is a case where
and proportionate to the offense. an accused's application for probation was
denied because she didn't comply with the
Post-Sentence Investigation court's orders in 54 counts of BP 22
 No person shall be placed on probation violations and instead executed a
except upon prior investigation by the simulated (fake) deed of sale (Santos vs CA,
probation officer and a determination by GR127899, December 2, 1999.)
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby. There are also disqualifications. These are:
 The investigation report to be submitted
by the probation officer shall be in the form 1.) The prison term exceeds 6 years (even
prescribed by the Probation Administrator if by just 1 day)
and approved by the Secretary of Justice. 2.) Those convicted of subversion
 The probation officer shall submit to the 3.) Those convicted of the following crimes
court the investigation report on a against national security:
a.) Treason d.) Espionage
b.) Conspiracy & proposal to commit treason e.) Inciting to war and giving motives to reprisal
c.) Misprision of Treason f.) Violation of neutrality
 g.) Correspondence with hostile country i.) Piracy and mutiny
h.) Flight to enemy country
4.) Those convicted of the following crimes
against public order:
a.) Rebellion, insurrection, coup, sedition d.) Public disorders (tumults, alarms and
b.) Illegal assemblies and associations scandals)
c.) Direct/indirect assault, resistance an e.) Delivery of prisoners from jail
disobedience f.) Evasion of service of sentence
g.) Quasi-recidivism
5.) Those who were previously convicted of (g) refrain from visiting houses of
a crime punishable by at least 1 month and ill-repute;
1 day and/or a fine of at least Php200.00 (h) abstain from drinking
6.) Those who were once recipients of intoxicating beverages to excess;
probation (probation can be granted to a (i) permit to probation officer or an
person only once.) authorized social worker to visit his
7.) Those who were already serving home and place or work;
sentence when the Probation Law took (j) reside at premises approved by
effect (Martial Law years) it and not to change his residence
8.) Those enjoying the benefits of PD 603 without its prior written approval; or
(the Child and Youth Welfare Code) and (k) satisfy any other condition
similar laws related to the rehabilitation of the
9.) Those who perfected an appeal defendant and not unduly restrictive
(probation and appeal are mutually of his liberty or incompatible with
exclusive remedies; you can't use both at his freedom of conscience.
the same time.)

Probation may be granted whether the

Probation Conditions penalty is imprisonment or a fine only. For
imprisonment, the penalty should be 6
The mandatory conditions years or less. Regarding those suffering
several prison terms, multiple terms are
1.) To report to the probation officer distinct from each other. However, if the
within 72 hours from the time the total number of prison terms doesn't
order was received; and exceed 6 years, the accused is entitled to
2.) To regularly report to the probation. The application for probation
probation officer at least once a must also be file during the period for
month or sooner as may seem fit. perfecting an appeal. Take note: conviction
becomes final if the accused applies for
probation. If granted, the accused's
Special or discretionary conditions - those sentence is suspended but still stands. If he
additional conditions imposed on the violates his probation, he can be arrested
probationer which are geared towards his and brought to court for an informal
correction and rehabilitation outside of summary hearing (but can post bail while
prison and right in the community to which the hearing is going on as well.) If the
he belongs. violation is proven, the court may or may
Court may require probationer to: not revoke the probation. If probation is
(a) cooperate with a program of revoked the accused will serve full
supervision; sentence. The revocation order is not
(b) meet his family responsibilities; appealable.
(c) devote himself to a specific
employment and not to change said
employment without the prior
written approval of the probation Note: conviction becomes final if the
officer; accused applies for probation. If granted,
(d) undergo medical, psychological the accused's sentence is suspended but
or psychiatric examination and still stands. If he violates his probation, he
treatment and enter and remain in can be arrested and brought to court for an
a specified institution, when informal summary hearing (but can post
required for that purpose; bail while the hearing is going on as well.)
(e) pursue a prescribed secular
study or vocational training;
(f) attend or reside in a facility
established for instruction,
recreation or residence of persons
on probation;
Revocation of Probation

At any time during probation, the court

may issue a warrant for the arrest of a
probationer for violation of any of the
conditions of probation. The probationer,
once arrested and detained, shall
immediately be brought before the court
for a hearing, which may be informal and
summary, of the violation charged.
If the violation is established, the
court may revoke or continue his
probation and modify the conditions
thereof. If revoked, the court shall
order the probationer to serve the
sentence originally imposed. The
revocation order is not appealable.

Termination of Probation

If the probation prisoner complies with his

requirements throughout the period of
probation the court will give him a final
discharge. The probationer 's civil rights
will then be fully restored and his penalties
and fines will be discharged.

Duration of Probation

1.) Imprisonment of not more than 1 year:

maximum probation of 2 years
2.) 1 to 6 years imprisonment: maximum
of 6 years
3.) Fine with subsidiary imprisonment:
twice the period computed in Art. 39 of the
Revised Penal Code