PROBATION Q & A

WHAT IS PROBATION?

By probation, a person is convicted of a criminal offense is not sent to prison by

the sentencing court. Instead, he/she is released and placed under the supervision of a
probation officer subject to the conditions which the court may impose.

IS PROBATION A RIGHT?

No, it is a mere privilege for adult offenders. However, under R.A. 9344 or
Juvenile Justice and Welfare Act of 2006, a Child In Conflict with the Law (CICL) is
granted the right to probation as an alternative to imprisonment if qualified under the
Probation Law.

WHO CAN APPLY FOR PROBATION?

Any first-time convicted offender who is eighteen (18) years old or above.

WHO CANNOT BE GRANTED PROBATION?

a. Those sentenced to serve a prison term of more than six (6) years;
b. Those convicted of any crime against the national security or the public order;
c. Those previously convicted of an offense which is punished by imprisonment
of not less than one (1) month and one (1) day of imprisonment and/or a fine
of not less than Php 200.00;
d. Those who have once been placed on probation under this law;
e. Those serving sentence;
f. Those whose conviction is on appeal; and
g. Those convicted of an offense against the Omnibus Election Code,
Insurgency Law and Wage Rationalization Act.

WILL PROBATION BE AUTOMATICALLY GRANTED TO ONE WHOSE

SENTENCE IS SIX (6) YEARS OR LESS?

No, the applicant may be denied by the court if -

a. The offender would be better rehabilitated if he/she is sent to prison to serve

his/her sentence;
b. There is undue risk that the offender will likely commit another crime; or
c. Probation will depreciate the seriousness of the offense committed.
 Under Sec. 70 of R.A. 9165, the Comprehensive Dangerous Drugs Act of 2002,
the first-time minor offender who upon promulgation of the sentence, the court may, in
its discretion, placed the accused under probation, even if the sentence provided under
Sec. 11 of the Act is higher than that provided under Probation Law.

WHERE SHALL AN APPLICATION FOR PROBATION BE FILED?

The application shall be filed with the court that tried and sentenced the offender.

WHEN SHOULD AN APPLICATION FOR PROBATION BE FILED?

Anytime before the offender starts serving his sentence but within fifteen (15)
days from the promulgation or notice of the judgment of conviction.

However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of
2006, the court may, after it shall have sentenced a Child In Conflict with the Law and
upon application at anytime placed the child on probation in lieu of service of his
sentence.

WHAT WILL HAPPEN IF THE APPLICATION FOR PROBATION IS DENIED?

The offender will be sent by the sentencing court to prison to serve his sentence.

MAY AN OFFENDER BE RELEASED FROM CONFINEMENT WHILE HIS

APPLICATION FOR PROBATION IS PENDING?

Yes, the applicant may be released under the bail he filed in the criminal case, or
under recognizance.

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

Only once.

HOW LONG IS THE PERIOD OF PROBATION?

Not more than two (2) years if the sentence of the offender is one (1) year or less;
and not more than six (6) years if the sentence is more than one (1) year.
WHAT CONDITIONS ARE IMPOSED BY THE COURT ON AN OFFENDER WHO
IS RELEASED ON PROBATION?

a. To report to the probation officer within 72 hours after he receives the order of
the court granting probation;
b. To report to his probation officer at least once a month; and
c. Not to commit any other offense while on probation.

WHAT WILL HAPPEN IF A PROBATIONER VIOLATES THE CONDITIONS OF

PROBATION?

The Court may modify the conditions of probation or revoke the same. If the
violation is serious, the court may order the probationer to serve his prison sentence. The
probationer may also be arrested and criminally prosecuted if the violation is a criminal
offense.