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RA 10707 (Probation Law)  It shall recommend either:

- To deny or grant the probation


PURPOSE: - If granted, it shall recommend the program for supervision and
a. promote the correction and rehabilitation of an offender by suggested terms or conditions of probation
providing him with individualized treatment;
b. provide an opportunity for the reformation of a penitent CRITERIA FOR PLACING AN OFFENDER ON PROBATION
offender which might be less probable if he were to serve a - The Court shall consider all information relative, to the
prison sentence; and character, antecedents, environment, mental and physical
c. prevent the commission of offenses. condition of the offender, and available institutional and
community resources.
 Probation - is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed PROBATION SHALL BE DENIED IF:
by the court and to the supervision of a probation officer. a. the offender is in need of correctional treatment that can be
 Probationer - means a person placed on probation provided most effectively by his commitment to an institution;
 Probation Officer - means one who investigates for the court a or
referral for probation or supervises a probationer or both. b. there is undue risk that during the period of probation the
offender will commit another crime; or
GRANT OF PROBATION – c. probation will depreciate the seriousness of the offense
 No application for probation shall be entertained or granted if the committed.
defendant has perfected the appeal from the judgment of
conviction. DISQUALIFIED OFFENDERS:
- Provided, that when a judgment of conviction imposing a non- a. sentenced to serve a maximum term of imprisonment of more
probationable penalty is appealed or reviewed, and such than 6 years;
judgment is modified through the imposition of a b. convicted of any crime against the national security;
probationable penalty, the defendant shall be allowed to c. who have previously been convicted by final judgment of
apply for probation based on the modified decision before an offense punished by imprisonment of more than 6 months
such decision becomes final. & 1 day and/or a fine of more than P1,000.00
 The accused shall lose the benefit of probation should he seek d. who have been once on probation under the provisions of
a review of the modified decision which already imposes a this Decree; and
probationable penalty. e. who are already serving sentence at the time the
 Probation may be granted whether the sentence imposes a term substantive provisions of this Decree became applicable.
of imprisonment or a fine only. ADDITIONAL NOTES:
 The filing of the application shall be deemed a waiver of the right - Those convicted of RA 9156 - Dangerous Drugs Act of 2002
to appeal. - Those convicted of violation of election laws.
- Those entitled to benefits under PD 603 or Child and Youth
 An order granting or denying probation shall not be appealable.
Welfare Code and related laws.
- Although an order denying probation is not appealable, THE
- Those who have perfected an appeal (probation and appeal
ACCUSED MAY FILE A MOTION FOR CERTIORARI FROM are mutually exclusive remedies)
SAID ORDER.
“MANDATORY” CONDITIONS OF PROBATION
PETITION FOR PROBATION 1. To present himself to the probation officer concerned for
Must be filed: supervision within 72 hours from receipt of said order and
- directly with the Court which sentenced the accused 2. to report to the probation officer at least once a month
- w/in 15 days FROM date of promulgation of the decision during the period of probation.
convicting the accused (within the period to appeal)
Otherwise: “OTHER” CONDITIONS OF PROBATION
- the judgment shall become final and 1. Cooperate with a program of supervision;
- the accused shall be deemed to have waived his right to 2. Meet his family responsibilities;
probation 3. Devote himself to a specific employment and not to charge
said employment without prior written approval of the
EFFECT OF FILING OF PETITION FOR PROBATION: probation officer;
1) Upon filing, the court shall suspend the execution of 4. Comply with a program of payment of civil liability to the victim
sentence. of his heirs;
2) Filing of a petition for probation shall be deemed a waiver of 5. Undergo medical, psychological or psychiatric examination
the right to appeal and treatment and/or enter and remain in a specific institution,
- In case an appeal is already filed, filing such petition shall be when required for that purposes;
deemed a withdrawal of the appeal. 6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction or
PRIVILEGES GIVEN TO THE ACCUSED PENDING RESOLUTION OF recreation of persons on probation;
THE PETITION FOR PROBATION
 IF the accused, prior to the promulgation of decision of conviction 8. Refrain from visiting houses of ill-repute;
is out on bail: 9. Abstain from drinking intoxicating beverages to excess;
- he may be allowed on temporary liberty under his bail filed in 10. Permit the probation officer or an authorized social worker to
said case visit his home and place of work;
 IF he is under detention upon motion, he may be allowed 11. Reside at premises approved by the court and not to change
temporary liberty, his residence w/o prior written approval; and
 IF he cannot post a bond: 12. Satisfy any other condition related to the rehabilitation of the
- He shall be released on a recognizance of a responsible probationer and not unduly restrictive of his liberty or
member of a community who shall guarantee his appearance incompatible with his freedom of conscience.
whenever required by the court.
13. Plant trees (see circular of the SC)
 IF he cannot be produced by such custodian on recognizance:
- Custodian shall be asked to explain why he should not be
FAILURE TO COMPLY WITH CONDITIONS OR COMMISSION OF
cited for contempt
ANOTHER OFFENSE
- Summary hearing shall then be held - He shall serve the penalty imposed for the offense under
- If custodian does not produce the accused or does not explain which he was placed on probation. (order for re-arrest).
his failure – he shall be cited in contempt - If the violation is established, the court may revoke or continue
his probation and modify the conditions thereof.
POST SENTENCE INVESTIGATION REPORT, DEFINED: o If revoked, the court shall order the probationer to
 A report of the Parole and Probation Officer after conducting post serve the sentence originally imposed. An order
sentence investigation and interviews containing the revoking the grant of probation or modifying the
circumstances surrounding the offense for which the petitioner was terms and conditions thereof shall not be
convicted. appealable.
 Findings should be drawn FROM:
- court records, police records, statement of the defendant, RULES ON OUTSIDE TRAVEL OF PROBATIONER
aggrieved party or other persons who may know the accused - A probationer who desires to travel outside the jurisdiction of
and all other matters material to the petition. the city or provincial probation officer, MUST SEEK THE
PERMISSION OF:
 Includes:
 IF for NOT more than 30 days:
- The psychological and social information regarding the - The parole and probation officer
probationer; evaluation of the petitioner; suitability for  IF for MORE than 30 days:
probation; his potential for rehabilitation; - The parole and probation officer + the court
probation spring from the same policy considerations of justice,
EFFECT OF APPEAL BY THE ACCUSED OF HIS CONVICTION humanity, and compassion.
 IF the accused appeals his conviction:
1) For the purpose of totally reversing his conviction PROBATION IS NOT A RIGHT BUT A PRIVILEGE
OR  Probation is a mere privilege and its grant rests solely upon the
2) EVEN if the appeal is only with respect to the penalty (on the discretion of the court. This discretion is to be exercised primarily
ground that it is excessive or wrong or is probationable) for the benefit of organized society and only incidentally for the
 He is deemed to have waived his right to probation. benefit of the accused.
 If already filed, then it is an abandonment of such petition for  Even if a convicted person is not disqualified, the grant of probation
probation. is nevertheless not automatic nor ministerial; a petition for
probation may be denied by the Court.
PERIOD OF PROBATION:
a. The period of probation of a defendant sentenced to a term of MAIN CRITERION FOR DETERMINING WHO MAY BE GRANTED
imprisonment of: PROBATION
- not more than 1 year shall not exceed 2 years, and  The main criterion: Based on the penalty imposed and NOT on
- in all other cases (1 year and above), said period shall not the nature of the crime.
exceed 6 years. - The reason given by a judge for denying a petition for
b. When the sentence imposes a fine only and the offender is made probation that, "probation will depreciate the seriousness of
to serve subsidiary imprisonment in case of insolvency, the the offense committed" would thus be writing into the law a
period of probation shall not be less than nor more than 2x the total new ground for disqualifying a first-offender from the benefits
number of days of subsidiary imprisonment as computed at the rate of probation.
established, in Art. 39, RPC, as amended
WHEN TO FILE A PETITION FOR PROBATION
MODIFICATION OF CONDITION OR PERIOD OF PROBATION  Accused must file the petition: w/in the period for appeal.
- The court, on motion, OR motu propio may modify the conditions or the
 IF the decision of conviction has become final and executory: the
period of probation as circumstances may warrant
accused is barred from filing such petition.
EFFECT OF TERMINATION OF PROBATION
- The final discharge of the probationer shall operate to: EFFECT OF FILING PETITION FOR PROBATION
1. restore to him all civil rights lost or suspended as a result 1. Filing makes a judgment of conviction final.
of his conviction and - HOWEVER, the judgement is not executory until the petition
2. to totally extinguish his criminal liability as to the offense for probation is resolved.
for which probation was granted. 2. The filing of such petition is a waiver by the accused of his right to
appeal the judgement of conviction.
AMENDMENT TO SECTION 4 OF PD 968
The trial court may: MULTIPLE CONVICTIONS IN SEVERAL CASES IS STILL
- after it shall have convicted and sentenced a defendant, and PROBATIONABLE - IF THE PENALTY FOR EACH CONVICTION IS
- upon application by said defendant w/in the period to appeal, PROBATIONABLE
- The law does not intend to sum up the penalties imposed but
 suspend the execution of the sentence AND
to take each penalty, separately and distinctly with the others.
 place the defendant on probation for such period and upon
such terms and conditions as it may deem best; - Each crime committed on each date of each case, as alleged
PROVIDED that no application for probation shall be entertained or in the informations, even if one was charged of different
granted: crimes by different complainants, committed on separate days
- IF the defendant has perfected the appeal from the judgment of is probationable
conviction.
 IF each prison term imposed on petitioner was probationable.
 Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. CUT OFF POINT OF PROBATION: MAXIMUM OF 6 YEARS
IMPRISONMENT
 An application for probation shall be filed with the TRIAL COURT.
Reason: Fixing the cut-off point is based on the assumption that those
 The filing of the application shall be deemed a waiver of the right to sentenced to higher penalties pose too great a risk to society, not just
appeal. because of their demonstrated capability for serious wrongdoing but
 An order granting or denying probation shall not be appealable because of the gravity and serious consequences of the offense they
might further commit.
Note: A person who was sentenced to destierro cannot apply for
probation. The Probation Law disqualifies:
Reason: it does not involved imprisonment or fine. (PD 1990) - Only those who have been convicted of grave felonies Art. 9
- and not necessarily those who have been convicted of
CONFIDENTIALITY OF RECORDS OF PROBATION multiple offenses in a single proceeding
GR: The investigation report and the supervision and history of a Basis of the disqualification: is principally the gravity of the offense
probationer: committed and the concomitant degree of penalty imposed.
- shall be privileged and
- shall not be disclosed directly or indirectly to anyone other Note: Those sentenced to a maximum term NE 6 yrs are not generally
than the probation administration or the court considered callous, hard core criminals, and thus may avail of probation

XPN: Any government office may ask for the records of probation from
the court or the administrator for its official use

NOTE: The court which granted the probation or where the probation
was transferred may allow the probationer or his lawyer to inspect such
documents, whenever such disclosure may be desirable or helpful to
them.

VIOLATION OF CONFIDENTIAL NATURE OF PROBATION


REPORTS (Sec 29, PD 968)
Penalty:
- imprisonment (6 months and 1 day TO 6 years) and
- fine (hundred to 6K pesos)

JURISPRUDENCE

UNDERLYING PHILOSOPHY OF PROBATION


 The underlying philosophy is indeed one of liberality towards the
accused. It is not served by a harsh and stringent interpretation of
the statutory provisions.
 Probation is taken towards the deterrence and minimizing of crime
and the humanization of criminal justice.
 The right of appeal should not be irrevocably lost from the moment
a convicted accused files an application for probation. Appeal and

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