GRANTING FOR PROBATION

Keeshalyn J. Gallarte
05/21/2016
 HISTORY OF PROBATION IN THE
PHILIPPINES

Act 4221 “ Probation Act of 1935”

– Declared unconstitutional (People Versus Vera)
• That the law encroaches upon the pardoning power of the
(Chief) Executive;
• That it constitutes an undue delegation of legislative power; and
• That it denies equal protection of laws.
 HISTORY OF PROBATION IN THE
PHILIPPINES

• House Bill No. 393

– Late Cong. Teodulo C. Natividad (in collaboration w/ then Cong. Ramon
D. Bagatsing)

– Created the Inter-Disciplinary Committee (IDC), which

drafted the PD 968 “The Adult Probation Law of 1976)”
– “Father of Probation in the Philippines”
 PROBATION DEFINED

Section 3, PD 968, as amended,

“defines probation as a disposition under which a
defendant after conviction and sentenced, is released subject to
the conditions imposed by the Court and to the supervision of a
Probation Officer.
 PETITION FOR PROBATION

• Necessity of an application for probation

• Time for filing the application for probation
• Form of application for probation
• Referral to proper probation office
• Effects of the filing of the application for probation
 PROCEDURES IN APPLYING FOR
PROBATION

• The offender or his counsel files a petition w/ the convicting

court
• The court determines convict qualifications and notifies the
prosecutor of the filing for petition
• The prosecutor submits his comments on such application
w/in 10 days from receipt of the notification
 PROCEDURES IN APPLYING FOR
PROBATION

• If qualified, his application is referred to the probation officer

for PSI
• The PSIR is submitted by the probation officer to the court
w/in 60 days
• The court grants or denies the petition for probation w/in 15
days upon receipt of the PSIR.
 THE COURT WILL NOT GRANT IF IT
FINDS:

• The offender can be treated better in a mental institution or

other places for correction
• The offender is a risk to the community
• The offense is grievous to the eyes of the community
WHO CAN APPLY FOR PROBATION?

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

• Sentenced to serve maximum term of imprisonment of more than six (6)

years;
• Convicted of subversion or any other crimes against National Security or
the Public order;
• Previously convicted by final judgment of an offense punished by
imprisonment of not less than one (1) month and one (1) day and/or fine
of not less than P200.00;
 DISQUALIFIED OFFENDERS

• Who have been once on probation under the provisions of this Decree;
and
• Who already serving sentenced at the time the substantive provisions of
the Decree became applicable pursuant to section 33 hereof.
 WHEN SHOULD 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 JJWC act of 2006, the court
may, after it shall have sentenced a CICL and upon application at anytime
placed the child on probation in lieu of service of 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 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.
 CONDITIONS UNDER PROBATION

• To report to the probation officer within seventy two (72) hours after he
receives the order of the court granting probation;
• To report to his probation officer at least once a month;
• Not to commit any other offense while on probation.
 OUTSIDE TRAVEL

• Probation officer authorized the probationer to travel outside the area of

the operation for a period of 10 days but not exceeding 30 days.
• If 30 days, probationer must file 5 days before travel outside for the
approval of Probation authorities.
• If more than 30 days Probation Authorities shall recommend for Court
Approval.
 TERMINATIONOF PROBATION

• After the probationer has satisfactorily completed the probation period,

the Probation Officer shall submit termination report to the court
containing the ff:
– Condition of probation
– Program of supervision and response to treatment.
– Recommendation
 TWO WAYS OF TERMINATING:

• After period of probation

• Other ways:
– Termination before the expiration of the period
– Termination by pardon of the probationer
– Deportation of the probationer
– Death of the probationer