PROBATION Q & A

WHAT IS PROBATION?
By probation, a person is convicted of a criminal offense is not sent to prison by
the sentencing court. Instead, he/she is released and placed under the supervision of a
probation officer subject to the conditions which the court may impose.
IS PROBATION A RIGHT?
No, it is a mere privilege for adult offenders. However, under R.. !"## or
$uvenile $ustice and %elfare ct of &''(, a )hild In )onflict with the *aw +)I)*, is
granted the right to probation as an alternative to imprisonment if -ualified under the
.robation *aw.
WHO CAN APPLY FOR PROBATION?
ny first/time convicted offender who is eighteen +01, years old or above.
WHO CANNOT BE GRANTED PROBATION?
a. 2hose sentenced to serve a prison term of more than si3 +(, years4
b. 2hose convicted of any crime against the national security or the public order4
c. 2hose previously convicted of an offense which is punished by imprisonment
of not less than one +0, month and one +0, day of imprisonment and/or a fine
of not less than .hp &''.''4
d. 2hose who have once been placed on probation under this law4
e. 2hose serving sentence4
f. 2hose whose conviction is on appeal4 and
g. 2hose convicted of an offense against the 5mnibus 6lection )ode,
Insurgency *aw and %age Rationali7ation ct.
WILL PROBATION BE AUTOMATICALLY GRANTED TO ONE WHOSE
SENTENCE IS SIX (6) YEARS OR LESS?
No, the applicant may be denied by the court if /
a. 2he offender would be better rehabilitated if he/she is sent to prison to serve
his/her sentence4
b. 2here is undue ris8 that the offender will li8ely commit another crime4 or
c. .robation will depreciate the seriousness of the offense committed.
9nder :ec. ;' of R.. !0(<, the )omprehensive =angerous =rugs ct of &''&,
the first/time minor offender who upon promulgation of the sentence, the court may, in
its discretion, placed the accused under probation, even if the sentence provided under
:ec. 00 of the ct is higher than that provided under .robation *aw.
WHERE SHALL AN APPLICATION FOR PROBATION BE FILED?
2he application shall be filed with the court that tried and sentenced the offender.
WHEN SHOULD AN APPLICATION FOR PROBATION BE FILED?
nytime before the offender starts serving his sentence but within fifteen +0<,
days from the promulgation or notice of the judgment of conviction.
However, under :ection #& of R.. !"##, the $uvenile $ustice and %elfare ct of
&''(, the court may, after it shall have sentenced a )hild In )onflict with the *aw and
upon application at anytime placed the child on probation in lieu of service of his
sentence.
WHAT WILL HAPPEN IF THE APPLICATION FOR PROBATION IS DENIED?
2he offender will be sent by the sentencing court to prison to serve his sentence.
MAY AN OFFENDER BE RELEASED FROM CONFINEMENT WHILE HIS
APPLICATION FOR PROBATION IS PENDING?
>es, the applicant may be released under the bail he filed in the criminal case, or
under recogni7ance.
HOW MANY TIMES CAN ONE BE GRANTED PROBATION?
5nly once.
HOW LONG IS THE PERIOD OF PROBATION?
Not more than two +&, years if the sentence of the offender is one +0, year or less4
and not more than si3 +(, years if the sentence is more than one +0, year.
WHAT CONDITIONS ARE IMPOSED BY THE COURT ON AN OFFENDER WHO
IS RELEASED ON PROBATION?
a. 2o report to the probation officer within ;& hours after he receives the order of
the court granting probation4
b. 2o report to his probation officer at least once a month4 and
c. Not to commit any other offense while on probation.
WHAT WILL HAPPEN IF A PROBATIONER VIOLATES THE CONDITIONS OF
PROBATION?
2he )ourt may modify the conditions of probation or revo8e the same. If the
violation is serious, the court may order the probationer to serve his prison sentence. 2he
probationer may also be arrested and criminally prosecuted if the violation is a criminal
offense.