Probation is the conditional suspension of the sentence given

by the court in a criminal case. It gives the offender the

freedom during good behaviour under the supervision of a
probation officer.

However if the terms of the probation are violated, probation

may be revoked and the sentence carried out.
Imprisonment of more Maximum probation of 2
than 1 year: years
1 to 6 years of Maximum probation of 6
imprisonment: year
Fine with subsidiary Twice the period
imprisonment: computed in Art. 39 of
the Revised Penal Code
1. Those who are sentenced to be imprisoned for more than 6
years.
2. Those who are convicted of any crime against the national
security (treason, espionage, piracy, etc.) or the public
order (rebellion, sedition, direct assault, resistance,
etc.).
3. Those who have been previously convicted of a crime
punished by imprisonment of not less than 6 months and 1 day.
4. Those who have been once on probation.
5. Those who are already serving a sentence.
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 (72) 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.
The Court MAY also require the Probationer to:
(a) Cooperate with a program of supervision;
(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and
not to change said employment without the prior
written approval of the probation 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;
(f) Attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages
to excess;
(i) permit to probation officer or an authorized
social worker to visit his home and place or work;
(j) Reside at premises approved by it and not to
change his residence without its prior written
approval; or
(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.
Probation may be granted to a convict whether the penalty is
imprisonment or a fine only. For imprisonment, the penalty should
be 6 years or less.

HOWEVER, Probation will be DENIED in any of the following

circumstances:

1.) The accused needs correctional treatment that can best be

provided if he is committed to an institution
2.) There is an undue risk that he will commit another crime during
the probation period.
3.) Probation will make the offense not look serious.
1. Promote the correction and
rehabilitation of an offender by
 providing him with individualized
treatment;
2. Provide an opportunity for the
reformation of a penitent offender which
might be less probable if he were to serve
a prison sentence
3. Prevent the commission of offenses