PROBATION LAW- July 24, 1976 resources.

Probation shall be denied if the

court finds that:
Probation is a disposition, under which a
defendant after conviction and sentence, is (a) the offender is in need of correctional
released subject to the conditions imposed treatment that can be provided most
by the Court and to the supervision of a effectively by his commitment to an
probation officer. institution; or
The purpose of the law are:
1. Promote the correction and (b) there is undue risk that during the period
rehabilitation by providing the of probation the offender will commit another
offender with individualized treatment. crime; or
2. Provide an opportunity for the (c) probation will depreciate the seriousness
reformation of an offender which of the offense committed.
might be less probable if he were to
The disqualified offenders are:
serve a prison sentence.
1. Sentenced to serve a maximum
3. Prevent the commission of
term of imprisonment of more than 6
offenses.
years.
The trial court may, after it shall have
A penalty of six years and one day is not
convicted and sentenced a defendant, and
entitled to the benefits of the law. (Q3, 1995
upon application by said defendant within
Bar; Q12, 1990 Bar) In Francisco v. CA, 243
the period for perfecting an appeal,
SCRA 384, the Supreme Court held that in
suspend the execution of the sentence
case of one decision imposing multiple prison
and place the defendant on probation. No
terms, the totality of the prison terms should
application for probation shall be entertained
not be taken into account for the purposes of
or granted if the defendant has perfected an
determining the eligibility of the accused for
appeal from the judgment of conviction. (PD
the probation. The law uses the word
1990) In other words, the filing of the
maximum term, and not total term. It is
application for probation is considered as a
enough that each of the prison term does not
waiver of the right of the accused to appeal.
exceed 6 years. The number of offenses is
(Q9, 1992 Bar)
immaterial for as long as the penalties
An application for probation shall be filed imposed, when taken individually and
with the trial court. The filing of the separately, are within the probationable
application shall be deemed a waiver of the period. (Q9, 1997 Bar)
right to appeal. An order granting or denying
2. Convicted of any crime against the
probation shall not be appealable. However,
national security (treason, espionage,
an outright denial by the court is a nullity
piracy, etc.) or the public order
correctible by certiorari. (De Luna v. Hon.
(rebellion, sedition, direct assault,
Medina, CA 78 OG 599) An accused must fall
resistance, etc.).
within any one of the disqualification in order
to be denied probation. (Balleta v. Leviste, 92 3. Who have been previously
SCRA 719) (Q13, 1991 Bar) convicted by final judgment of an
offense punished by imprisonment of
Section 8. Criteria for Placing an
not less than one month and one day
Offender on Probation. In determining
and/or a fine of not less than P 200.
whether an offender may be placed on
(Q2, 1993 Bar)
probation, the court shall consider all
information relative, to the character, 4. Who have been once on probation.
antecedents, environment, mental and
physical condition of the offender, and
available institutional and community
 5. Who are already serving sentence
at the time of the effectivity of the
Decree.
Except for the reasons specified by the law, a
trial court should not deny a petition for
probation, especially when the probation
officer has favorably recommended the grant
of probation.
Even if at the time of conviction the accused
was qualified for probation but at the time of
his application for probation, he is no longer
qualified, he is not entitled to probation. The
qualification for probation must be
determined as of the time the application is
filed in court. (Bernardo v. Judge Balagot,
86561, Nov. 10, 1992) Supposing, an
accused was convicted of a crime for which
he was sentenced to a maximum sentence of
10 years. While affirming the judgment of
conviction, the appellate court reduced the
penalty to a maximum of 4 years and 4
months taking into consideration certain
modifying circumstances. The accused now
applies for probation. In this case, the
accused is not entitled to probation. The law
and jurisprudence are to the effect that
appeal by the accused from a sentence of
conviction forfeits his right to probation.
(Bernardo v. Balagot, supra; Francisco v. CA;
De la Cruz v. Judge Callejo) (Q3, 1995 Bar;
Q17, 1994 Bar)
The probationer shall:
1. Present himself to the probation
officer within 72 hours from receipt of
probation order.
2. Report himself to the probation
officer at least once a month during
the period of probation.
The court, after considering the nature and
seriousness of the violations of probation (if
any), may issue a warrant for the arrest of
the probationer. He is then brought to the
court immediately for hearing, which is
summary. If violation is established, the
Court may revoke or continue the probation
and modify the conditions thereof. If
revoked, the probationer shall be ordered to
serve the sentence originally imposed and
shall commit the probationer. The order of
the court is not appealable.
A final discharge of probation shall operate to
restore to the probationer all civil rights lost
or suspended as a result of the conviction
and to full discharge of his liability for any
fine imposed. Under the Probation Law what
is suspended is the execution of the
sentence, while under PD 603, as amended,
what is suspended is the pronouncement of
the sentence upon request of the youthful
offender. The suspension of the sentence,
however, has no bearing on the civil liability,
which is separate and distinct from the
criminal action. (Budlong v. Apalisok, 22
SCRA 935)
The provisions of the Probation Law should
be liberally construed in order that the
objective should be realized and achieved.
(Santos v. Hon. Pano, 55130, Jan. 17, 1983)
In probation, the imposition of the sentence
is suspended and likewise its accessory
penalties are likewise suspended. An order
placing the defendant on probation is not a
sentence but is rather in effect a suspension
of the imposition of the sentence. It is not a
final judgment but is rather an interlocutory
judgment in the nature of the a conditional
order placing the convicted defendant under
the supervision of the court for his
reformation. (Baclayon v. Hon. Mutia, 129
SCRA 148)
PROCEDURE FOR APPLICATION
Apply within 15 days from
promulgation of judgment
o Filing is waiver of right to
APPEAL
Post-sentence investigation
Submission of investigation report not
later than 60 days from receipt of
order to conduct investigation, COURT
will resolve application not later than
15 D from receipt thereof.
Pending investigation and resolution,
accused may be temporarily released
(if there is already a bail, then on
same bail)
NOTA BENE:
If the accused is convicted and sentenced to (j) reside at premises approved by it and not
multiple penalties, the periods are not added to change his residence without its prior
up. Only the maximum shall be considered. written approval; or

Once probation period is terminated, the
accused is restored to all his civil rights lost
or suspended.
Section 10. Conditions of Probation. Every probation
order issued by the court shall contain conditions
requiring that the probationer shall:
(a) present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within seventy-two hours from receipt of said
order;
(b) report to the probation officer at least once
a month at such time and place as specified
by said officer.
(k) satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
** the court IS not bound by technical rules
of evidence, hearing shall be summary in
nature.
** Probationary officer, upon knowledge of
incompliance by the probationer shall order
REVOCATION OF the probationary.
Section 15. Arrest of Probationer; Subsequent
Disposition. 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 court may also require the probationer to:

ACT INCREASING THE PENALTIES FOR
ILLEGAL NUMBER GAMES
(a) cooperate with a program of supervision;
ILLEGAL FISHING
(b) meet his family responsibilities;
FORESTRY/Illegal logging
(c) devote himself to a specific employment
and not to change said employment without
the prior written approval of the probation ANTI DRUNK AND DRUGGED ACT
officer;

(d) undergo medical, psychological or

psychiatric examination and treatment and
enter and remain in a specified institution,
when required for that purpose;

(e) pursue a prescribed secular study or

vocational training;
1. PROBATION LAW
(f) attend or reside in a facility established for
2. VAWC
instruction, recreation or residence of persons
on probation; 3. ACT INCREASING THE PENALTIES FOR
ILLEGAL NUMBER GAMES
(g) refrain from visiting houses of ill-repute;
4. ANTI SEXUAL HARASSMENT ACT
(h) abstain from drinking intoxicating 5. ANTI HIJACKING LAW
beverages to excess;
6. ANTI CATTLE RUSTLING LAW
(i) permit to probation officer or an authorized
7. COMPREHENSIVE DANGEROUS DRUGS
social worker to visit his home and place or
work; 8. HUMAN SECURITY ACT

9. ANTI CHILD PORNOGRAPHY

10. ANTI PHOTO AND VIDEO VOYEURISM 14. ANTI HAZING

11. ANTI DRUNK AND DRUGGED ACT 15. ILLEGAL POSSESSION OF FIREARMS

12. ILLEGAL FISHING

13. FORESTRY/Illegal logging