Probation Law of the Philippines PD 968

What is Probation? ans.- is a disposition under which a defendant after conviction and sentence is released
subject to conditions imposed by the court and to the supervision of a probation officer.
Who can apply for Probation? ans. any first time convicted offender who is 18 years old or above.
Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (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.
Where shall an application for Probation be filed? ans. the application shall be filed with the court that
tried and sentenced the offender.
What will happen if the application for Probation is denied? ans. the offender will be sent by the
sentencing court to prison to serve his sentence.
When should an application for Probation be filed? ans. anytime before the offender starts serving his
sentence but within 15 days from the promulgation of notice of judgment of conviction. Under section 42
of RA 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.
May an offender be released from confinement while his application for Probation is pending? ans. 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? ans. only once.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the
sentence and place the defendant on probation, upon application by the defendant within the period for
perfecting an appeal.
2. Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant has perfected an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by the probation
officer and a determination by the court.
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant
may be denied by the court if:
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
• Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its
discretion, placed the accused under probation even if the sentence provided under section 11 of the act is
higher than that provided under the probation law.
What will happen if a probationer violates the conditions of probation? ans.
1. The court may modify the conditions of probation
or revoke the same.
2. If the violation is serious, the court may order the
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.
• The court order shall not be subject to appeal.
• Probation is not coterminous with its period. There must be an order issued
by the court discharging the probationer. Upon
finding that he has fulfilled the terms and conditions of his probation, the court may order the final
discharge of the probationer.
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are
restored.
c. offender's liability for any fine imposed is
discharged.
Who are disqualified from the benefits of probation: ans. 1. Those sentenced to serve a prison term of
more
6 years.
2. Those convicted of any crime against the national
or the public order.
3. Those previously convicted of an offense which is
punished by imprisonment of not less that one
month and one day imprisonment and/or a fine of
not less than P200.
4. Those who have been placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus
election code, insurgency law, wage rationalization
act.
There are two kinds of conditions imposed upon the offender under probation:
1. Mandatory or general – once violated, the
probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
granting probation.
2) To report to his probation officer at least once a
month.
3) not to commit any other offense while on
probation.
2. Discretionary or special – additional conditions
which the court may additionally impose for the
probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive, as long
as the probationer’s Constitutional rights are not
jeopardized.

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the
offender is 1 year or less.
2. not more than 6 years if the sentence is more than
one year.
3. When the penalty is a fine only and the offender
is made to serve subsidiary imprisonment, probation
shall be twice the total number of days of subsidiary
imprisonment

What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his
indeterminate sentence.
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or
less or to a straight penalty or to a prison sentence without a minimum term of imprisonment.
Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department
of Justice.
When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds that there is a
reasonable probability that if released, the prisoner will be law abiding and that his release will not be
incompatible with the interest and welfare of society and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of imprisonment.
What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and
recommitted or returned to prison to served the unexpired portion of the maximum period of his sentence.
What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and
absolute pardon may be granted by the president upon recommendation of the board.
What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.
What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment
imposed by a court.
What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it
is granted without any condition whatsoever resulting to the full restoration of his civil rights.
Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of the
maximum of the original indeterminate and/or definite prison term.
Who may grant commutation of sentence and pardon? ans. the president.
Who may file a petition for commutation of sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:
• at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or the aggregate
minimum of his determinate and/or prison terms.
• at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for
crimes/offenses not punishable under RA 7659 and other special law.
• at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the
provisions of article 70 of the RPC as amended.
• at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after
January 1, 1994 and sentenced to one reclusion perpetua or one life imprisonment.
• at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if
their sentences were adjusted to 40 years in accordance with the provision of article 70 of the RPC as
amended.
• at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusion
perpetua.
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had
served his maximum sentence or granted final release and discharge or court termination of probation.
Is a prisoner who is released on parole or conditional pardon with parole conditions placed under
supervision? ans. yes, the prisoner is placed under the supervision of a probation and parole officer.
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.
Purpose of the law
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.
Probationer - a person placed on probation.
Probation officer - one who investigates for the court a referral for probation or supervises a probationer
or both.
• The Probation administration shall be headed by the Probation administrator who shall be appointed by
the president of the Philippines.
• There shall be an assistant probation administrator who shall assist the administrator perform such duties
as may be assigned to him by the latter and as may be provided by law.
Qualifications of the Administrator and Assistant Probation Administrator.
1. at least 35 years of age
2. holder of a masters degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration or related field.
3. at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of
supervisory experience.
Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the
recommendation of the Secretary of Justice.
Provincial and City Probation officer - appointed by the Secretary of justice upon the recommendation of
the administrator and in accordance with civil service law and rules.
Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.
1. Bachelors degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration or related fields.
2. at least 3 years in work requiring any of the above mentioned disciplines or is a member of the
Philippine bar with at least 3 years of supervisory experience.
• when practicable, the provincial or city probation officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Probation law revisited

posted 23-Mayo-2013 ·
2,531 views · 0 comments ·
like
964

To provide a less costly alternative to the imprisonment of first-time offenders, then President Ferdinand E. Marcos
issued on July 24, 1976 Presidential Decree No. 968 known as the Probation Law of 1976. Under PD 968, the court
may, after it shall have convicted and sentenced an accused and upon application of said accused, suspend the
execution of said sentence and place the accused on probation for such period and upon such terms and
conditions as it may deem best. First-time offenders were given a second chance to maintain their place in society
through a process of reformation, which is better achieved when he is not mixed with hardened criminals within
prison walls.

*****

Later, the amendment of Section 4 of P.D. No. 968 by P.D. No. 1990 imposed a condition upon the grant of
probation, thus: "Provided, that no application for probation shall be entertained or granted if the defendant has
perfected an appeal from the judgment of conviction." The application for probation was no longer allowed if the
accused has perfected an appeal from the judgment of conviction.

*****

The reason for the disallowance of probation where an appeal has been made by the accused is stated in the
preamble of P.D. No. 1990, thus: "WHEREAS, it has been the sad experience that persons who are convicted of
offenses and who may be entitled to probation still appeal the judgment of conviction even up to the Supreme
Court, only to pursue their application for probation when their appeal is eventually dismissed".

*****

In view of this change, jurisprudence treated appeal and probation as mutually exclusive remedies. Thus, where the
penalty imposed by the trial court is not probationable, and the appellate court modifies the penalty by reducing it to
within the probationable limit, the same prohibition should still apply and he is not entitled to avail of probation. In
Sable v. People, G.R. No. 177961, April 7, 2009, 584 SCRA 619, 625. the Supreme Court stated that "[Section 4 of]
the Probation Law was amended to put a stop to the practice of appealing from judgments of conviction even if the
sentence is probationable, for the purpose of securing an acquittal and applying for the probation only if the
accused fails in his bid." Thus, probation should be availed of at the first opportunity by convicts who are willing to
be reformed and rehabilitated; who manifest spontaneity, contrition and remorse.

*****

The Supreme Court explained that the intention of the new law is to make appeal and probation mutually exclusive
remedies. Jurisprudence at that time stated that the Probation Law requires that an accused must not have
appealed his conviction before he can avail himself of probation. This requirement "outlaws the element of
speculation on the part of the accused--to wager on the result of his appeal--that when his conviction is finally
affirmed on appeal, the moment of truth well-nigh at hand, and the service of his sentence inevitable, he now
applies for probation as an `escape hatch' thus rendering nugatory the appellate court's affirmance of his
conviction."
 *****

However, in the fairly recent case of Colinares vs. People, G.R. No. 182748, December 13, 2011, the Supreme
Court took another look at the probation law, and allowed the grant of probation to an accused who has appealed
his conviction. In this case, the accused was originally sentenced by the Regional Trial Court to imprisonment
exceeding 6 years and one day, which disqualified from applying for probation. Upon his appeal of the case to the
Court of Appeals, the appellate court lowered the penalty to less than 6 years and one day. The Supreme Court
reasoned that since the trial court imposed a (wrong) penalty beyond the probationable range, thus depriving the
accused of the option to apply for probation when he appealed, the element of speculation that the law sought to
curb was not present.

*****

In a real sense, the Court's finding on appeal that the accused was guilty, not of a non-probationable penalty, but
only of a penalty which may be subject of probation, is an original conviction that for the first time imposes on him a
probationable penalty. Had the RTC done him right from the start, it would have found him guilty of the correct
offense and imposed on him the right penalty of less than 6 years and one day. This would have afforded the
accused the right to apply for probation.

*****

The Supreme Court said that the question is ultimately one of fairness. It is not fair to deny the accused the right to
apply for probation when the new penalty that the Court imposes on him after he appealed his original conviction is,
unlike the one erroneously imposed by the trial court, subject to probation.

Atty. Romulo P. Atencia

Email add: romuloatencia@yahoo.com

- See more at: http://www.catanduanestribune.com/article/38YQ#sthash.6wqYHv87.dpuf