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To God be the glory!

PROBATION LAW (PD 968, as amended by PD 1257, BP Blg. 76 and PD 1990)

-------What is Probation? It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. What is the nature of the benefit of Probation? It is a mere privilege; not a right. o It is not a right of the accused but rather an act of grace and clemency or immunity conferred by the State which may be granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty imposed by law for the offense which he stands convicted. Its benefits cannot extend to those expressly excluded. Sec. 4. Grant of Probation Where to file application for probation? RTC When to file for probation? Should be filed by the defendant within the period for perfecting an appeal. o The filing of the application shall be deemed a waiver of the right to appeal. *No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. *The law simply does not allow probation after an appeal has been perfected for appeal and probation are mutually exclusive remedies. *Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. *An order granting or denying the probation shall not be appealable. Sec. 5. Post sentence Investigation. *No person shall be placed on probation except upon prior investigation by the probation officer and a determination by 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. Sec. 8. Criteria for Placing an Offender on Probation. *In determining whether an offender may be placed on probation, the court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Grounds for the denial of Probation: 1. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or 2. There is an undue risk that during the period of probation the offender will commit another crime; or 3. Probation will depreciate the seriousness of the offense committed.
I will never leave you nor forsake you. . Hebrew 13:5

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To God be the glory!

Sec. 9. Disqualified Offenders. 1. Sentenced to serve a maximum term of imprisonment of more than 6 years; 2. Convicted of subversion or any crime against the national security or the public order; 3. Who have been previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or fine of not less than P200; The word previous refers to conviction, not to the commission of the offense, notwithstanding the fact that crime arose out of a single transaction. 4. Who have been once on probation under the provisions of this Decree; 5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Sec. 33 hereof. *Disqualification is different from denial of the application. A qualified offender should not expect that his application will be granted ipso facto. *Multiple prison terms are distinct from each other, and if none of the prison term exceeds the limit set out in the Probation Law, that is, not more than 6 years, then he is entitled to probation. The number of offenses is immaterial as long as all the penalties imposed, taken separately, are within the probationable period. Sec. 11. Effectivity of Probation Order *A probation order shall take effect upon its issuance, at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation. Sec. 14. Period of Probation a. The period of probation of a defendant sentenced to a term of imprisonment of not more than 1 year shall not exceed 2 years, and in all other cases, said period shall not exceed 6 years. b. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor more than twice the total number of days of subsidiary imprisonment as computed at the rate established in Art. 39, RPC. Sec. 15. Arrest of Probationer; Subsequent Dispositions *At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. What is the nature of the hearing for the violation of probation? Summary in nature. *If the violation is established, the court may revoke, or continue his probation and modify the condition thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed.
I will never leave you nor forsake you. . Hebrew 13:5

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To God be the glory!

An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. Sec. 16. Termination of Probation *After the period of the probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon, the case is deemed terminated. *The final discharge of the probationer shall operate to restore him to all civil rights lost or suspended as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted. Addy Info: *The probation law is not a penal statute; the principle of liberal interpretation does not apply. Distinction between Probation Law and Indeterminate Sentence Law Probation Law Indeterminate Sentence Law As to Sentence Must not be more than 6 years. The maximum must be more than 1 year. As to Penalty Imprisonment or fine As to Disposition Sentence is suspended As to Violation of terms and conditions thereof Entire sentence shall be served As to Appeal Forecloses privilege of probation As to Availability Only once As to Nature Mere privilege; must be applied for by the convict. Imprisonment only Minimum sentence to be served. Only the unexpired portion is to be served No effect on the operation of the law Everyone as long as the offender is not disqualified under the law Mandatory; need not be applied for by the convict.

I will never leave you nor forsake you. . Hebrew 13:5

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