Sie sind auf Seite 1von 9

The Family Code

CASDL
PRESIDENTIAL DECREE No. 968

Section 3. Meaning of Terms. As used in this Decree, the

July 24, 1976

following shall, unless the context otherwise requires, be


construed thus:

ESTABLISHING A PROBATION SYSTEM,


APPROPRIATING FUNDS THEREFOR AND FOR OTHER

(a) "Probation"

PURPOSES

defendant,

is

after

disposition
conviction

under
and

which

sentence,

is

released subject to conditions imposed by the court


WHEREAS, one of the major goals of the government is to

and to the supervision of a probation officer.

establish a more enlightened and humane correctional

(b) "Probationer" means a person placed on probation.

systems that will promote the reformation of offenders and

(c) "Probation Officer" means one who investigates for

thereby reduce the incidence of recidivism;

the court a referral for probation or supervises a


probationer or both.

WHEREAS, the confinement of all offenders prisons and


other institutions with rehabilitation programs constitutes an

Section 4. Grant of Probation. Subject to the provisions of

onerous drain on the financial resources of the country; and

this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of

WHEREAS, there is a need to provide a less costly

said defendant, suspend the execution of said sentence and

alternative to the imprisonment of offenders who are likely to

place the defendant on probation for such period and upon

respond

such terms and conditions as it may deem best.

to

individualized,

community-based

treatment

programs;
Probation may be granted whether the sentence imposes a
NOW, THEREFORE, I, FERDINAND E. MARCOS, President

term of imprisonment or a fine only. An application for

of the Philippines, by virtue of the powers vested in me by

probation shall be filed with the trial court, with notice to the

the Constitution, do hereby order and decree the following:

appellate court if an appeal has been taken from the


sentence of conviction. The filing of the application shall be

Section 1. Title and Scope of the Decree. This Decree shall

deemed a waver of the right to appeal, or the automatic

be known as the Probation Law of 1976. It shall apply to all

withdrawal of a pending appeal.

offenders except those entitled to the benefits under the


provisions of Presidential Decree numbered Six Hundred and

An order granting or denying probation shall not be

three and similar laws.

appealable.

Section 2. Purpose. This Decree shall be interpreted so as

Section 5. Post-sentence Investigation. No person shall be

to:

placed on probation except upon prior investigation by the


probation officer and a determination by the court that the
(a) Promote the correction and rehabilitation of an
offender

by

providing

him

with

individualized

ends of justice and the best interest of the public as well as


that of the defendant will be served thereby.

treatment;
(b) Provide an opportunity for the reformation of a

Section 6. Form of Investigation Report. The investigation

penitent offender which might be less probable if he

report to be submitted by the probation officer under Section

were to serve a prison sentence; and

5 hereof shall be in the form prescribed by the Probation

(c) Prevent the commission of offenses.

Administrator and approved by the Secretary of Justice.


Section

7. Period

for

Submission

of

Investigation

Report. The probation officer shall submit to the court the

The Family Code


CASDL
investigation report on a defendant not later than sixty days

(e) Who are already serving sentence at the time the

from receipt of the order of said court to conduct the

substantive provisions of this Decree became

investigation. The court shall resolve the petition for

applicable pursuant to Section 33 hereof.

probation not later than five days after receipt of said report.
Pending submission of the investigation report and the

Section 10. Conditions of Probation. Every probation order

resolution of the petition, the defendant may be allowed on

issued by the court shall contain conditions requiring that the

temporary liberty under his bail filed in the criminal case;

probationer shall:

Provided, That, in case where no bail was filed or that the

(a) Present himself to the probation officer designated

defendant is incapable of filing one, the court may allow the

to undertake his supervision at such place as may

release of the defendant on recognize the custody of a

be specified in the order within seventy-two hours

responsible member of the community who shall guarantee

from receipt of said order;

his appearance whenever required by the court.

(b) Report to the probation officer at least once a month


at such time and place as specified by said officer.

Section 8. Criteria for Placing an Offender on Probation. In


determining whether an offender may be placed on

The court may also require the probationer to:

probation, the court shall consider all information relative, to


the

character,

antecedents,

environment,

mental

and

(a) Cooperate with a program of supervision;

physical condition of the offender, and available institutional

(b) Meet his family responsibilities;

and community resources. Probation shall be denied if the

(c) Devote himself to a specific employment and not to

court finds that:

change said employment without the prior written


approval of the probation officer;

(a) The offender is in need of correctional treatment

(d) Undergo

medical,

psychological

or

psychiatric

that can be provided most effectively by his

examination and treatment and enter and remain in

commitment to an institution; or

a specified institution, when required for that

(b) There is undue risk that during the period of


probation the offender will commit another crime; or

purpose;
(e) Pursue a prescribed secular study or vocational

(c) Probation will depreciate the seriousness of the


offense committed.

training;
(f)

Attend or reside in a facility established for


instruction, recreation or residence of persons on

Section

9. Disqualified Offenders. The benefits of this

Decree shall not be extended to those:

probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages to

(a) Sentenced

to

serve

maximum

term

of

imprisonment of more than six years;

excess;
(i)

(b) Convicted of any offense against the security of the


State;
(c) Who have previously been convicted by final
judgment of an offense punished by imprisonment
of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos;
(d) Who have been once on probation under the
provisions of this Decree; and

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.

The Family Code


CASDL
Section 11. Effectivity of Probation Order. A probation order

not be less than nor to be more than twice the total

shall take effect upon its issuance, at which time the court

number of days of subsidiary imprisonment as

shall inform the offender of the consequences thereof and

computed at the rate established, in Article thirty-

explain that upon his failure to comply with any of the

nine of the Revised Penal Code, as amended.

conditions prescribed in the said order or his commission of


another offense, he shall serve the penalty imposed for the

Section

15. Arrest

of

Probationer;

Subsequent

offense under which he was placed on probation.

Disposition. At any time during probation, the court may


issue a warrant for the arrest of a probationer for violation of

Section 12. Modification of Condition of Probation. During

any of the conditions of probation. The probationer, once

the period of probation, the court may, upon application of

arrested and detained, shall immediately be brought before

either the probationer or the probation officer, revise or

the court for a hearing, which may be informal and summary,

modify the conditions or period of probation. The court shall

of the violation charged. The defendant may be admitted to

notify either the probationer or the probation officer of the

bail pending such hearing. In such a case, the provisions

filing such an application so as to give both parties an

regarding release on bail of persons charged with a crime

opportunity to be heard thereon.

shall be applicable to probationers arrested under this


provision. If the violation is established, the court may revoke

The court shall inform in writing the probation officer and the

or continue his probation and modify the conditions thereof. If

probationer of any change in the period or conditions of

revoked, the court shall order the probationer to serve the

probation.

sentence originally imposed. An order revoking the grant of


probation or modifying the terms and conditions thereof shall

Section 13. Control and Supervision of Probationer. The

not be appealable.

probationer and his probation program shall be under the


control of the court who placed him on probation subject to

Section 16. Termination of Probation. After the period of

actual supervision and visitation by a probation officer.

probation and upon consideration of the report and


recommendation of the probation officer, the court may order

Whenever a probationer is permitted to reside in a place

the final discharge of the probationer upon finding that he

under the jurisdiction of another court, control over him shall

has fulfilled the terms and conditions of his probation and

be transferred to the Executive Judge of the Court of First

thereupon the case is deemed terminated.

Instance of that place, and in such a case, a copy of the


probation order, the investigation report and other pertinent

The final discharge of the probationer shall operate to restore

records shall be furnished said Executive Judge. Thereafter,

to him all civil rights lost or suspend as a result of his

the

conviction and to fully discharge his liability for any fine

Executive

Judge

to

whom

jurisdiction

over

the

probationer is transferred shall have the power with respect

imposed as to the offense for which probation was granted.

to him that was previously possessed by the court which

The probationer and the probation officer shall each be

granted the probation.

furnished with a copy of such order.

Section 14. Period of Probation.

Section 17. Confidentiality of Records. The investigation

(a) The period of probation of a defendant sentenced to

report and the supervision history of a probationer obtained

a term of imprisonment of not more than one year

under this Decree shall be privileged and shall not be

shall not exceed two years, and in all other cases,

disclosed directly or indirectly to anyone other than the

said period shall not exceed six years.

Probation Administration or the court concerned, except that

(b) When the sentence imposes a fine only and the

the court, in its discretion, may permit the probationer of his

offender is made to serve subsidiary imprisonment

attorney to inspect the aforementioned documents or parts

in case of insolvency, the period of probation shall

thereof whenever the best interest of the probationer make

The Family Code


CASDL
such disclosure desirable or helpful: Provided, Further, That,

Section 20. Assistant Probation Administrator. There shall

any government office or agency engaged in the correction

be an Assistant Probation Administrator who shall assist the

or rehabilitation of offenders may, if necessary, obtain copies

Administrator perform such duties as may be assigned to him

of said documents for its official use from the proper court or

by the latter and as may be provided by law. In the absence

the Administration.

of the Administrator, he shall act as head of the


Administration.

Section 18. The Probation Administration. There is hereby


created under the Department of Justice an agency to be

He shall be appointed by the President of the Philippines and

known as the Probation Administration herein referred to as

shall receive an annual salary of at least thirty-six thousand

the Administration, which shall exercise general supervision

pesos.

over all probationers.


Section 21. Qualifications of the Administrator and Assistant
The Administration shall have such staff, operating units and

Probation Administrator. To be eligible for Appointment as

personnel as may be necessary for the proper execution of

Administrator or Assistant Probation Administrator, a person

its functions.

must be at least thirty-five years of age, holder of a master's


degree or its equivalent in either criminology, social work,

Section 19. Probation Administration. The Administration

corrections,

penology,

psychology,

sociology,

public

shall be headed by the Probation Administrator, hereinafter

administration, law, police science, police administration, or

referred to as the Administrator, who shall be appointed by

related fields, and should have at least five years of

the President of the Philippines. He shall hold office during

supervisory experience, or be a member of the Philippine Bar

good behavior and shall not be removed except for cause.

with at least seven years of supervisory experience.

The Administrator shall receive an annual salary of at least

Section 22. Regional Office; Regional Probation Officer. The

forty thousand pesos. His powers and duties shall be to:

Administration shall have regional offices organized in


accordance with the field service area patterns established

(a) Act as the executive officer of the Administration;

under the Integrated Reorganization Plan.

(b) Exercise supervision and control over all probation


officers;

Such regional offices shall be headed by a Regional

(c) Make annual reports to the Secretary of Justice, in

Probation Officer who shall be appointed by President of the

such form as the latter may prescribe, concerning

Philippines in accordance with the Integrated Reorganization

the operation, administration and improvement of

Plan and upon the recommendation of the Secretary of

the probation system;

Justice.

(d) Promulgate, subject to the approval of the Secretary


of Justice, the necessary rules relative to the

The Regional Probation Officer shall exercise supervision

methods and procedures of the probation process;

and control over all probation officer within his jurisdiction

(e) Recommend to the Secretary of Justice the

and

such

duties

as

may

assigned

to

him

by

the

appointment of the subordinate personnel of his

Administrator. He shall have an annual salary of at least

Administration and other offices established in this

twenty-four thousand pesos.

Decree; and
(f)

Generally, perform such duties and exercise such

He shall, whenever necessary, be assisted by an Assistant

powers as may be necessary or incidental to

Regional Probation Officer who shall also be appointed by

achieve the objectives of this Decree.

the President of the Philippines, upon recommendation of the


Secretary of Justice, with an annual salary of at least twenty
thousand pesos.

The Family Code


CASDL
Section 23. Provincial and City Probation Officers. There

Section 25. Qualifications of Regional, Assistant Regional,

shall be at least one probation officer in each province and

Provincial, and City Probation Officers. No person shall be

city who shall be appointed by the Secretary of Justice upon

appointed Regional or Assistant Regional or Provincial or

recommendation of the Administrator and in accordance with

City Probation Officer unless he possesses at least a

civil service law and rules.

bachelor's degree with a major in social work, sociology,


psychology,

criminology,

penology,

corrections,

police

The Provincial or City Probation Officer shall receive an

science, administration, or related fields and has at least

annual salary of at least eighteen thousand four hundred

three years of experience in work requiring any of the

pesos.

abovementioned disciplines, or is a member of the Philippine


Bar with at least three years of supervisory experience.

His duties shall be to:


Whenever practicable, the Provincial or City Probation
(a) Investigate

all

investigation

persons

by

the

referred
proper

to

court

him

for

Officer shall be appointed from among qualified residents of

or

the

the province or city where he will be assigned to work.

Administrator;
(b) Instruct all probationers under his supervision of

Section 26. Organization. Within twelve months from the

that of the probation aide on the terms and

approval of this Decree, the Secretary of Justice shall

conditions of their probations;

organize the administrative structure of the Administration

(c) Keep himself informed of the conduct and condition

and the other agencies created herein. During said period,

of probationers under his charge and use all

he shall also determine the staffing patterns of the regional,

suitable methods to bring about an improvement in

provincial and city probation offices with the end in view of

their conduct and conditions;

achieving

(d) Maintain a detailed record of his work and submit

maximum

efficiency

and

economy

in

the

operations of the probation system.

such written reports as may be required by the


Administration or the court having jurisdiction over

Section

27. Field

Assistants,

Subordinate

Personnel,

the probationer under his supervision;

Provincial or City Probation Officers shall be assisted by

(e) Prepare a list of qualified residents of the province

such field assistants and subordinate personnel as may be

or city where he is assigned who are willing to act

necessary to enable them to carry out their duties effectively.

as probation aides;
(f)

Supervise the training of probation aides and

Section 28. Probation Aides. To assist the Provincial or City

oversee the latter's supervision of probationers;

Probation Officers in the supervision of probationers, the

(g) Exercise supervision and control over all field

Probation Administrator may appoint citizens of good repute

assistants, probation aides and other personnel;

and probity to act as probation aides.

and
(h) Perform such duties as may be assigned by the
court or the Administration.

Probation Aides shall not receive any regular compensation


for services except for reasonable travel allowance. They
shall hold office for such period as may be determined by the

Section 24. Miscellaneous Powers of Provincial and City

Probation Administrator. Their qualifications and maximum

Probation Officers. Provincial or City Probation Officers shall

case loads shall be provided in the rules promulgated

have the authority within their territorial jurisdiction to

pursuant to this Decree.

administer

oaths

and

acknowledgments

and

to

take

depositions in connection with their duties and functions

Section 29. Violation of Confidential Nature of Probation

under this Decree. They shall also have, with respect to

Records. The penalty of imprisonment ranging from six

probationers under their care, the powers of police officer.

months and one day to six years and a fine ranging from

The Family Code


CASDL
hundred to six thousand pesos shall be imposed upon any

APPLICATION

person who violates Section 17 hereof.

This shall apply to all offenders except those entitled to


benefits under PD 603 and similar laws.

Section 30. Appropriations. There is hereby authorized the


appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of
any

funds

in

the

National

Treasury

not

RULES ON GRANT OF PROBATION


1.

After having convicted and sentenced a defendant,

otherwise

the trial court MAY SUSPEND the execution of the

appropriated, to carry out the purposes of this Decree.

sentence, and place the defendant on probation,

Thereafter, the amount of at least Ten Million Five Hundred

upon APPLICATION by the defendant within the

Thousand Pesos or so much as may be necessary shall be

period for perfecting an appeal.

included in the annual appropriations of the national

2.

government.

Probation may be granted whether the sentence


imposed a term of imprisonment or fine only.

3.
Section 31. Repealing Clause. All provisions of existing

granted if the defendant has PERFECTED AN

laws, orders and regulations contrary to or inconsistent with


this Decree are hereby repealed or modified accordingly.

NO application for probation shall be entertained or


APPEAL from the judgment of conviction.

4.

Filing of application for probation operates as a


WAIVER OF THE RIGHT TO APPEAL.

Section 32. Separability of Provisions. If any part, section or


provision

of

this

Decree

shall

be

held

invalid

5.

or

the order granting or denying probation shall NOT

unconstitutional, no other parts, sections or provisions hereof


shall be affected thereby.

The application shall be filed with the trial court, and


BE APPEALABLE.

6.

Accessory penalties are deemed suspended once


probation is granted.

Section 33. Effectivity. This Decree shall take effect upon its
approval: Provided, However, That, the application of its

Upon application by defendant for probation, the court

substantive provisions concerning the grant of probation shall

may suspend the execution of the sentence.

only take effect twelve months after the certification by the

Subject to the provisions of the Decree, the court

Secretary of Justice to the Chief Justice of the Supreme

may, after it shall have convicted and sentenced a defendant

Court that the administrative structure of the Probation

and upon his application within the period for perfecting an

Administration and of the other agencies has been

appeal, suspend the execution of said sentence and place

organized.

the defendant on probation for such period and upon such


terms and conditions as it may deem best.

DONE in the City of Manila, this 24th day of July in the year
of Our Lord, nineteen hundred and seventy-six.

TIME FOR FILING APPLICATION FOR PROBATION


Within the period for perfecting an appeal

NOTES:
PURPOSE
Probation
-

Is a disposition under which a defendant, after

supervision of a probation officer

FILING

APPLICATION

WITHIN

THE

PERIOD FOR PERFECTING AN APPEAL

To encourage offenders, who are willing to be


reformed and rehabilitated

conviction and sentence, is released subject to


conditions imposed by the court and to the

OF

To avail of probation at the first opportunity

The Family Code


CASDL
EFFECT OF FILING APPLICATION WITHIN THE PERIOD

CRITERIA FOR PLACING AN OFFENDER ON

FOR PERFECTING AN APPEAL

PROBATION

Such provision was never intended to suspend the period for

The court shall consider:

the perfection of an appeal, and the filing of the application

1.

operations as a waiver of the right to appeal.

All information relative to the

Character,

Antecedents,

POST-SENTENCE INVESTIGATION

Environment,

The convict is not immediately placed on probation. There

Mental, and

shall be a prior investigation by the probation officer and a

Physical condition of the offender

determination by the court.

2.

Available institutional and community resources.

INAPPEALABILITY OF RESOLUTION ON APPLICATION

WHEN PROBATION SHALL BE DENIED

FOR PROBATION

PROBATION SHALL BE DENIED IF THE COURT FINDS

An order granting or denying probation is not appealable.

THAT:
1.

NATURE OF ORDER GRANTING PROBATION

The offender is in need of correctional treatment


that can be provided effectively by commitment to

Not a sentence but is rather in effect, a

an institution.

suspension of the imposition of the sentence

2.

There is undue risk of committing another crime.

Not a final judgment but is rather an interlocutory

3.

Probation will depreciate the seriousness of the

judgment in the nature of a conditional order placing

offense committed.

the convicted defendant under the provision of the


court for his reformation, to be followed by a final
judgment of discharge, if the conditions of the

DISQUALIFIED OFFENDERS
1.

probation are complied with, or by a final judgment


of sentence if the conditions are violated

Those sentenced to serve a maximum term of


imprisonment of more the 6 years;

2.

Those Convicted of subversion or any crime


against the national security or the public order;

Probation officer to submit the investigation report NOT

3.

Those previously convicted by final judgment of an

LATER THAN 60 DAYS and the court to resolve the

offense punished by imprisonment of not less than 1

application for probation NOT LATER THAN 15 DAYS

month and 1 day and/or a fine not less than P200;

AFTER RECEIPT OF THE REPORT.

4.

Those who have been once placed on probation


under the provisions of the Decree; and

Pending submission of the investigation report and the

5.

Those who are already serving sentence at the time

resolution of the petition, the defendant may be allowed on

substantive provisions of the Decree became

temporary liberty under his bail filed in the criminal case.

applicable pursuant to Section 33 thereof.

Defendant may be released on recognizance to the

CONDITIONS OF PROBATION

custody of a responsible member of the community:

Every probation order issued by the court shall contain

1.

In case where no bail is filed, or

2.

In case where the defendant is incapable of filing a


bail

conditions requiring the probationer to:


1.

Present himself to the probation officer designated


to undertake his supervision at such place as may

The member of the community who takes custody of

be specified in the order within seventy-two hours

defendant on recognizance guarantees only the latters

from receipt of said order;

appearance whenever required by the court.

The Family Code


CASDL
2.

Report to the probation officer at least once a month

ministerial. Probation is a privilege and its grant rests upon

at such time and place as specified by said officer.

the discretion of the court.

2 KINDS OF CONDITIONS IMPOSED

EFFECTS OF VIOLATION OF PROBATION ORDER

1.

Mandatory or General

Upon his failure to comply with any of the conditions

2.

Special or Discretionary

prescribed in the said order or his commission of another


offense, he shall serve the penalty imposed for the offense

Mandatory or General Conditions


-

under which he was placed on probation.

Enumerated in Section 10 of Probation Law, require


that the probationer should: They are:

Probationer

Presents

PERIOD OF PROBATION

himself

to

the

1.

probation officer designated to undertake

of NOT more than one year, the period of probation

his supervision, at such place as may be

shall not exceed 2 years.

specified in the order, within 72 hours from

2.

receipt of order

If the convict is sentenced to a term of imprisonment

In all other cases, if he is sentenced to more than


one year, said period shall not exceed 6 years.

He reports to the probation officer at least

3.

When the sentence imposes a fine only and the

once a month at such time and place as

offender is made to serve subsidiary imprisonment.

specified by said officer

The period of probation shall be twice the total


number of days of subsidiary imprisonment.

Once violated, the probation is cancelled.


ARREST OF PROBA TIONER AND SUBSEQUENT

Special or Discretionary
-

DISPOSITIONS

Additional conditions listed, which the courts may

1.

At any time during probation, the court may issue a

additionally impose on the probationer towards his

warrant for the ARREST of a probationer for any

correction and rehabilitation outside prison.

serious violation of the conditions of probation.

HOWEVER, the enumeration is not inclusive.

Probation statutes are liberal in character and

REVOKE

enable the courts to designate practically ANY term

probation and MODIFY the conditions thereof. This

it

order is not appealable.

chooses,

as

long

as

the

probationers

Constitutional rights are not jeopardized.


-

2.

Also, they must not be unduly restrictive of

3.

If violation is established, the court may (a)


his

probation,

or

(b)

continue

his

If revoked, the probationer shall SERVE the


sentence originally imposed.

probationer, and not incompatible with the freedom


of conscience of probationer.
-

Should be realistic, purposive and geared to help

Notes:

The violation of the conditions of probation

the probationer develop into a law-abiding and self-

must be serious to justify the issuance of a

respecting individual

warrant of arrest

EXAMPLE OF CONDITION THAT MAY NOT BE IMPOSED


Condition for the grant of probation that the probationer

The defendant may be admitted to bail pending


such hearing

should refrain from continuing her teaching profession

The hearing is summary in nature, but the


probationer shall have the right to be informed
of the

DISCRETION OF THE COURT ON PROBATION


Even if a convict falls within the classes of those qualified for
probation, the grant of probation is not automatic or

violation

charged

and

to

adduce

evidence in his favor

Court is not bound by technical rules of


evidence

The Family Code


CASDL

If the violation is established, the court may

THE PENALTY ON MOROS AND NON-CHRISTIANS

revoke or continue his probation and modify the

(Section 106, Administrative Code of Mindanao and

conditions thereof

Sulu)

If revoked, the court shall order the probationer


to serve the sentence originally imposed

SEC. 106. Sentences upon Moros and non-Christians. In

The order revoking the grant of probation or

pronouncing sentence upon a Moro or other non-Christian

modifying the term and conditions thereof is not

inhabitants of the Department convicted of crime or

appealable

misdemeanor, the judge or justice may ignore any minimum


penalty provided by law for the offense, and may impose

TERMINATION OF PROBATION

such penalty not in excess of the highest penalty provided by

After the period of probation and upon consideration of the

law, as, in his opinion, after taking into consideration all the

report and recommendation of the probation officer, the court

circumstances

may order the final discharge of the probationer upon finding

enlightment of the accused and the degree of moral turpitude

that, he has fulfilled the terms and conditions of his

which attaches to the offense among his own people, will

probation.

best subserve the interest of justice. The judge or justice may

of

the

case,

including

the

estate

of

also, in his discretion at any time before the expiration of the


EFFECTS OF THE TERMINATION OF PROBATION

period allowed for appeal, suspend the execution of any

1.

Case is deemed terminated

penalty on part thereof so imposed, subject to such

2.

Restoration of all civil rights lost or suspended

conditions as he may prescribe.

3.

Fully discharges liability for any fine imposed


The application of Section 106 of the Administrative Code of

The expiration of the probation period alone does not


automatically

terminate

probation.

Probation

is

NOT

coterminous with its period. There must be an order issued


by the court discharging the probationer.

Only from such

issuance can the case of the probationer be deemed


terminated.
PURPOSE

OF

THE

DECREE

ESTABLISHING

PROBATION SYSTEM

Promote the correction and rehabilitation of an


offender by providing him with individualized
treatment;

Provide an opportunity for the reformation of a


penitent offender which might be less probable
if he were to serve a prison sentence; and

Prevent the commission of offenses.

Probation affects only the criminal aspect of the case. It has


no bearing on his civil liability.

Mindanao and Sulu is discretionary to the court.

Das könnte Ihnen auch gefallen