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 Probation Law of the Philippines PD 968

 Child behavior problems

 Probation Officer
 Probation Law
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.
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.

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.
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
 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
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
his probation, the court may order the final discharge of 1.
the probationer.
This shall have the following effects:
       a. case is deemed terminated.
       b. all civil rights suspended or lost are
            restored.           were to serve a prison sentence.
                 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 2.
the offender under  probation:
 
1. Mandatory or general – once violated, the  science, police administration or related field.
    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    Philippine bar with at least 3 years of supervisory
    is made to serve subsidiary imprisonment, probation
    shall be twice the total number of days of subsidiary
    imprisonment
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
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
holder of a masters degree or its equivalent in
either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police
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
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.
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