PROBATION LAW (PD 968, as amended by R.A No.

10707)
PROBATION - It is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the Court under the supervision of a probation officer.
DISQUALIFIED OFFENDERS
1. Sentenced to serve a maximum term of imprisonment of more than six (6) years;
2. Convicted of subversion or any crime against the national security or the public order;
3. Who have previously been convicted by final judgment of an offense punishable by imprisonment of
not less than one month and one day and/or a fine of not less than two hundred pesos;
4. Who have been once on probation under the provision of this Decree;
5. Who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof;
6. If he appeals the judgment or conviction; (BAR 2013)
7. If he is convicted of violation of Election offenses; or
8. Any person convicted for drug trafficking or pushing under RA 9165 regardless of the penalty imposed
(Sec. 24, RA 9165).
EFFECT OF FILING OF PETITION FOR PROBATION

 Upon filing of petition for probation, the court shall suspend the execution of sentence. (Section
4)
 A judgment of conviction becomes final when the accused files a petition for probation.
 Filing of the petition for probation is a waiver by the accused of his right to appeal the judgment
of conviction.
ORDER DENYING PROBATION; NOT APPEALABLE (2002)
A was charged with homicide. After trial, he was found guilty and sentenced to six (6) years and one (1)
day in prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as
maximum. Prior to his conviction, he had been found guilty of vagrancy and imprisoned for ten (10) days
of arresto manor and fined fifty pesos (P50.00). Is he eligible for probation? Why?
SUGGESTED ANSWER: No, he is not entitled to the benefits of the Probation Law (PD 968, as
amended) does not extend to those sentenced to serve a maximum term of imprisonment of more than six
years (Sec. 9a).
WHAT IS THE LEGAL EFFECT OF HIS APPLICATION FOR PROBATION ON THE JUDGMENT
OF CONVICTION? DOES SAID APPLICATION INTERRUPT THE RUNNING OF THE PERIOD OF
APPEAL? (1992 BAR)
A: The filing of the application for probation is considered as a waiver of the right of the accused to
appeal; the decision has become final. In view of the finality of the decision, there is no period of appeal
to speak of.
WHEN TO AVAIL PROBATION: (BAR 2014)
Upon the application of defendant and upon conviction of sentence, within the period for perfecting an
appeal, the Court may suspend the execution of the sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best; Provided, That no application for
probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of
conviction.
MANDATORY CONDITIONS OF PROBATION:
1. 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;
2. 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 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 intoxicated beverages to excess;
i. Permit the probation officer or an authorized social worker to visit his home and place of work;
j. Reside at premises approved by it and not to change his residence without its prior written
approval;
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; or
l. Plant trees.
PERIOD OF PROBATION
a. If the probationer has been sentenced to an imprisonment of not more than one year, the probation shall
not exceed two years;
b. In all other cases, not to exceed six years;
c. In case the penalty is fine, the probation shall not be less than the period of subsidiary imprisonment
nor more than twice of the subsidiary imprisonment.
TERMINATION OF PROBATION
The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and
conditions of probation.
The mere expiration of the period for probation does not, ipso facto, terminate the probation. Probation is
not co-terminus with its period, there must be an order from the Court of final discharge, terminating the
probation. If the accused violates the condition of the probation before the issuance of said order, the
probation may be revoked by the Court (Manuel Bala vs. Martinez, G.R. 67301, 29 January 1990)
CYBERCRIME PREVENTION ACT (R.A. No. 10175)

SEC. 3. Definition of Terms

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or
otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer
data or program.

(c) Communication refers to the transmission of information through ICT media, including voice,
video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing
or communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in conjunction with such
device. It covers any type of computer device including devices with data processing capabilities
like mobile phones, smart phones, computer networks and other devices connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable
for processing in a computer system including a program suitable to cause a computer system to
perform a function and includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended
results.

(g) Computer system refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data. It covers any type
of device with data processing capabilities including, but not limited to, computers and mobile
phones. The device consisting of hardware and software may include input, output and storage
components which may stand alone or be connected in a network or other similar devices. It also
includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant
principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or
virtual, and/or the computer programs, computer data and/or traffic data so vital to this country
that the incapacity or destruction of or interference with such system and assets would have a
debilitating impact on security, national or economic security, national public health and safety, or
any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the cyber
environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions

which are being prepared, processed or stored or have been prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through access and use
of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices,
at the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by
means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such communication
service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or
any other form that is held by a service provider, relating to subscribers of its services other than
traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period
of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers,
any assigned network address, billing and payment information, available on the basis of the
service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment,
available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination, route, time,
date, size, duration, or type of underlying service.

PUNISHABLE ACTS (SEC 4)

Illegal access - The access to the whole or any part of a computer system without right.

 Illegal Interception - The interception made by technical means without right of any non
public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
 Data Interference — The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.

 System Interference — The intentional alteration or reckless hindering or interference with

the functioning of a computer or computer network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing computer data or program, electronic
document, or electronic data message, without right or authority, including the introduction
or transmission of viruses.

 Misuse of Devices: a. The use, production, sale, procurement, importation, distribution, or

otherwise making available, without right, of a device, including a computer program,
designed or adapted primarily for the purpose of committing any of the offenses under this
Act; or a computer password, access code, or similar data by which the whole or any part
of a computer system is capable of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act. b. The possession of an item referred to
in the preceding paragraph with intent to use said devices for the purpose of committing
any of the offenses under this section 4 of RA 10175.

 Cyber-squatting – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain
name is similar, identical, or confusingly similar to an existing trademark registered with
the appropriate government agency at the time of the domain name registration, identical
or in any way similar with the name of a person other than the registrant, in case of a
personal name; and acquired without right or with intellectual property interests in it.

 The input, alteration, or deletion of any computer data without right resulting in inauthentic
data with the intent that it be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly readable and intelligible
 The act of knowingly using computer data which is the product of computer-related forgery
as defined herein, for the purpose of perpetuating a fraudulent or dishonest design

 Computer-related Fraud — The unauthorized input, alteration, or deletion of computer data

or program or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, that if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower

 Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer,

possession, alteration or deletion of identifying information belonging to another, whether
natural or juridical, without right: Provided, that if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.

 Cybersex — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration. 12. Child Pornography — The unlawful or
prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a computer system: Provided, That the
penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act
No. 9775.

 Libel — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar means
which may be devised in the future.

 Aiding or Abetting in the Commission of Cybercrime – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.

 Attempt in the Commission of Cybercrime — Any person who willfully attempts to

commit any of the offenses enumerated in this Act shall be held liable (Sec 6 and 5, RA
10175).
NOTA BENE: The Supreme Court declared that Section 5 of the Cybercrime Prevention Act is
valid and constitutional ONLY in relation to Illegal Access, Illegal Interception, Data Interference,
System Interference, Misuse of Devices, Cyber-squatting, Computer-related Fraud, Computer-
related Identity Theft, Cybersex. Section 5 is VOID and UNCONSTITUTIONAL with respect to
Child Pornography, Unsolicited Commercial Communications, and Online Libel. (Disini v. Sec.
of Justice (GR No. 203335, February 18, 2014)
Any evidence procured without a valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal (Sec. 18)

HUMAN SECURITY ACT (R.A No. 9372)

TERRORISM - The commission by any person of an act punishable under any of the following
provisions of the Revised Penal Code:
i. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
ii. Article 134 (Rebellion or Insurrection);
iii. Article 134-a (Coup d’état), including acts committed by private persons;
iv. Article 248 (Murder);
v. Article 267 (Kidnapping and Serious Illegal Detention); vi. Article 324 (Crimes Involving
Destruction),
or under
i. Presidential Decree No. 1613 (The Law on Arson)
ii. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990);
iii. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
iv. Republic Act No. 6235 (Anti-Hijacking Law);
v. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
vi. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives), thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the government to
give in to an unlawful demand. (Southern Hemisphere Engagement network Inc., et.al. vs.
Anti-Terrorism Council, G.R. No. 178552, 05 October 2010)
PUNISHABLE ACTS
1. Conspiracy to commit terrorism;
2. Unauthorized or malicious interceptions and/or recording;
3. Failure to deliver suspect to the proper judicial authority within three days;
4. Violation of the rights of detainee committed b the police officer or his superior if the police
officer is not identified;
5. Threat, intimidation, coercion, or torture in the investigation and interrogation of a detained
person;
6. Unauthorized or malicious examination of a bank or a financial institution;
7. Defiance by the bank office or employee of court authorization;
8. False, untruthful statement or misrepresentation of material fact in joint affidavits; 9. Unjustified
refusal to restore or delay in restoring seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records;
10. Loss, misuse, diversion or dissipation of seized, sequestered and frozen bank deposits;
11. Infidelity in the custody of detained persons;
12. Unauthorized revelation of classified materials; and 13. Furnishing false evidence, forged
document, or spurious evidence.
PERSONS LIABLE
As Principal – Any person who commits any of the acts under Sec. 3 and 4.
As Accomplice – any person who not being a principal under Art. 17 of the RPC or a conspirator
as defined under Sec. 4 hereof, cooperates in the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or simultaneous acts.
As Accessory
GR: Any person who having knowledge of the commission of the crime of terrorism or conspiracy
to commit terrorism and without having participated therein either as principal or accomplice under
Art. 17 and 18 of the RPC, takes part subsequent to its commission in any of the following manner:
a. By profiting himself or assisting the offender to profit by the effects of the crime,
b. By concealing or destroying the body of the crime or the effects or instruments thereof in order
to prevent its discovery,
c. By harboring, concealing, or assisting in the escape of the principal or conspirator of the crime.
XPN: Spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters or
relatives by affinity within the same degree.
XPN to the XPN: Those falling under (a).
Note: The law punishes conspiracy to commit terrorism (the act of one is the act of all)
Elements of the crime of terrorism.
a. The commission of one or more of the crimes specified [in Section 3];
b. That sows and creates a condition of widespread and extraordinary fear and panic among the
populace;
c. For the purpose of coercing the government to give in to an unlawful demand.
NOTE: Whenever a person has been charged of terrorism or any act punishable under RA 9372,
based on the valid complaint or information, sufficient information and substance to bring about
and thereafter, he is acquitted or the case is dismissed, he can no longer be subsequently prosecuted
for any other felony or offense necessarily included in the crime charged.