Summary of Discussion 4 May 2020

Scope of ISL and Probation Law

 Both ISL and Probation Law apply to crimes defined and punished in the Revised
Penal Code and Special Penal Laws

Limitations on Scope of Probation Law

 Section 1 of PD 968 states that the law applies to all offenders, except to those
entitled to the benefits under PD 603.
o PD 603 refers to the Child and Youth Welfare Code
o The persons involved in PD 603 are what we call “minor offenders.”
o This does not mean that they are disqualified from application of the
probation law. Under Sec. 42 of R.A. 9344, the court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of service of
his/her sentence taking into account the best interest of the child.
 Thus, the previous disqualification of minor offenders under PD 968
has been amended by RA 9344 which now qualifies CICLs in
applying for probation.
 The Probation Law does not apply if the penalty imposed is more than six (6)
years. On the other hand, the ISL will not apply if the penalty imposed is one year
or less.
o If the duration is MORE THAN ONE YEAR, THE ISL WILL APPLY. More
than one year means 1 year and 1 day, so if the penalty is one year and
less, then the ISL will not apply.
 The ISL and Probation Law applies only if a penalty of IMPRISONMENT is
imposed. This does not apply if the penalty is not for imprisonment.
o However, Section 4 of PD 968 contemplates a “fine,” only if there is
“subsidiary imprisonment,” meaning that there is still a possibility that the
convict will be imprisoned if he is not able to pay the fine.
 Both the ISL and the Probation Law are reflection of the Positivist Theory in
Criminal Law. They both want to redeem valuable human material and
rehabilitate or reform the convict by: (1) in ISL, allowing him to apply for parole
and be released after serving the minimum sentence, meaning he will serve a
portion of the sentence inside the prison facility and can be released only after
serving the minimum term, (2) in the Probation Law, he is not placed inside the
prison facility at all.
o Both the grant of parole and the grant of probation are privileges, not
rights.
 The judge imposes the indeterminate sentence while the Board of
Pardons and Parole grants parole.
 The court grants probation.
o As to when:
o The indeterminate sentence is issued during sentencing by the Trial Court.
o Parole is granted only after service of the minimum term.
 o Probation is applied for and granted after conviction, but within the period
for filing an appeal.

Application of ISL and Probation

 ISL relates to Application of Penalties along with Articles 46 to 77 of the RPC
o Application of penalties relates to how the courts should impose the
penalty
o The ISL applies during the judgment and sentencing process.
 Probation relates to Execution and Service of Sentence along with Articles 78 to
88 of the RPC.
o Execution and service refers to how long the offender will serve.
o In probation, there is a judgment of conviction already.

CICLs convicted of Drug Trafficking and Pushing

 Under Section 70 of RA 9165, “First Time Minor Offenders” may apply for
probation for any violation of the drug law.
o This applies even if the penalty imposed upon him is more than 6 years.
 Difference between Section 42, RA 9344 and Section 70, RA 9165:
o Section 42, RA 9344 applies to all minor offenders
o Section 70, RA 9165 applies only to first time minor offenders.

RA 9165 and the Probation Law

 As a general rule, the Probation Law applies even to the Dangerous Drugs Act,
because the Dangerous Drugs Act is a special penal law.
 Therefore, anyone who was convicted for violations of RA 9165 is qualified to
apply for probation, if the penalty is not more than six years.
 However, if the offense committed is for drug trafficking and pushing under RA
9165, then that offender shall not be qualified to apply for the benefits of the
Probation Law.
o Padua v. People: Even the benefits granted to first time minor offenders
do not apply/such first time minor offenders are disqualified from availing
of probation.

Suspended Sentence vs. Suspension of Service of Sentence

 In suspended sentence, the promulgation of judgment is what is suspended
(relate to RA 9344, Sec. 38)
o There is no judgment because its promulgation is suspended
 In suspension of service of sentence, what is suspended is the execution of
sentence (this is what is referred to in probation).
o There is judgment of conviction in probation but its execution is
suspended, because the convict is not placed inside the prison facility to
serve his sentence.

ISL vs. Probation

 Disqualifications
 Availability
o Probation can be availed of only once
 However, a convict is disqualified from the Probation Law if he was
previously convicted of (1) a crime against national security and (2)
crime punishable by more than six months and 1 day of
imprisonment and/or fine of more than P1,000; if not any of the
crimes against national security and the penalty is less than the
threshold, he can avail of probation
o ISL can be availed of, as long as the offender is not a habitual delinquent.