Consequences of Filing of Application for Probation

 The trial court, upon receipt of the application filed, suspend the execution of the
sentence imposed on the judgment.

 Pending submission of the post-sentence investigation and resolution on the application,

the applicant may be allowed on temporary liberty under his bail filed in the criminal
case.

 Where no bail filed or is incapable of filing one, the allow the release of the applicant on
recognizance.

Note: Recognizance is a mode of securing the release of any person in custody or detention for
the commission of an offense who is unable to post bail due to abject poverty. The court where
the case of such person has been filed shall allow the release of the accused on recognizance
as provided herein, to the custody of a qualified member of the barangay, city or municipality
where the accused resides (Section A of RA 10389)

Post-sentence Investigation (PSI)-No person shall be placed on probation except upon poor
investigation by the probation officer and a determination by the court that the ends of justice
and the best interest of the public as well as that of the applicant for probation will be served
thereby.

Note:
 Post Sentence Investigation is mandatory it is a pre-requisite in granting probation. The
court has no jurisdiction to render decision whether to grant or deny the application in
the absence of PSI.

Period for Submission of Investigation Report The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition for probation not later than
five (5) days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided. That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of t a responsible member of the
community who shall guarantee his appearance whenever required by the court.

Purpose of Post Sentence Investigation Report

To an able the trial court to determine whether or not the ends of justice and the best interest of
the public primarily, as well as that of the applicant, would be served by the grant or denial of
the application.

Notes:
 Within 60 days from receipt of the order of the Court - Probation officer shall conduct
Post Sentence Investigation.
  Within 5 days from receipt of the Post Sentence Investigation Report The court shall
resolve the petition for probation.
 Bail may be allowed during the pendency of the investigation or pending resolution for
probation.
 No need to post additional bail, the same bail posted for criminal case may be used.
 Recognizance may be allowed when the applicant for probation is incapable to post bail.
Rule on Bail under the Revised Rules on Criminal Procedure is applicable.

Nature and Character of Post-Sentence Investigation Report

It is a recommendatory in nature and persuasive in character addressed to the sound discretion
of the mal court considering that the denial or grams of probation is a judicial function.

Full Blown Courtesy Investigation (FBCI)

Is a general courtesy investigation from another city or provincial parole and probation office,
which request for a complete PSIR on a petition for probation pending referral investigation in
the Probation Office of origin

When FBCI shall takes place:

1. Applicant for probation is a transient offender in the place of commission of the crime and or a
permanent resident of another place
2 He spent his pre-adolescent and or adolescent life in the province or city of origin
3. He attended and or finished his education thereat
4. His immediate family members, collateral informants or disinterested persons and officials
who can best authenticate the inter-family relationship, upbringing behavior of the applicant for
probation in the community are residents of the place of his origin

Grant of Probation (Section 4 of PD 968 as amended by RA 10707)

"Subject to the provisions of this Decree, the trial court may, after it shall have convicted
and sentenced a defendant for a probationable penalty and upon application by sad defendant
within the period for perfecting an appeal, 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. No application for probation shall be entertained or granted if the defendant has perfected
the appeal from the judgment of conviction: Provided That when a judgment of conviction
imposing a non-probationable penalty is appealed or reviewed and such judgment is modified
through the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The application
for probation based on the modified decision shall be filed in the trial court where the judgment
of conviction imposing a non-probationable penalty was rendered, or in the trial court where
such case has since been re-ruffled In a case involving several defendants where some have
taken further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.

"The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probationable penalty.
"Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.

"An onder granting or denying probation shall not be appealable.

Notes:
 As a general rule. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction such appeal will
serve as a disqualification for probation:

 Exception to general rule is that, when a judgment of conviction imposing a non-

probationable penalty is appealed or reviewed, and such judgment is modified through
the imposition of a probationable peralty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered,
or in the trial court where such case has since been re-rattled (Section 1 of RA 10707).

 Based on the original provision of Section 4 of PD No. 968, the offender is allow to
appeal his conviction and should be the same be denied then, he can apply and avail
the privilege of probation. This was still the provision under PD 1257 but the provision
provided by PD 1990 purposely remove the option of appealing then applying for
probation (People vs. Evangelista. 253 SCRA 714). And instead made probation and
appeal exclusive remedy. (Bernardo vs. Balagot, 215 SCRA 526; Francisco vs. CA, 243
SCRA 384) However, due to the enactment of RA 10707, application for probation is
now allowed when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to apply for probation based on
the modified decision.

 In a case involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction. Therefore, the one who
applied for probation will not be disqualified because of the appeal filed by his co-
defendants.

 Probation may be granted whether the sentence imposes a term of imprisonment or a

fine only.

 The filing of the application shall be deemed a waiver of the right to appeal. Hence there
is no need to accomplish a document stating such waiver of night considering that the
application for probation will already serve the purpose.

 An order granting or denying probation shall not be appealable.

Nature of Probation: Effect of the Grant of Probation

1. Probation is but a mere privilege and as such, its grant or denial rests solely upon the
sound discretion of the trial court. After its grant it becomes a statutory right and it shall
only be cancelled or revoked for cause and after due notice and hearing.
 2. The grant of probation has the effect of suspending the execution of sentence. The trial
court shall order the release of the probationer's cash or property bond upon which he
was allowed temporary liberty.

Notes:
 The trial court may, after it shall have convicted and sentenced a defendant, and upon
application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation.
 No application for probation shall be entertained or granted if the defendant has
perfected an appeal from the judgment of conviction. (PD 1990) In other words the filing
of the application for probation is considered as a waiver of the right of the accused to
appeal.
 The filing of the application shall be deemed a waiver of the right to appeal.
 An order granting or denying probation shall not be appealable. However, an outright
denial by the court is a nullity correctible by certiorari. (De Luna v Hot Medina, CA 78 OG
599) An accused must fall within any one of the disqualifications in order to be denied
probation. (Balleta v Leviste, 92 SCRA 719)

CASE ANALYSIS:
Pedro was convicted of a crime and sentenced to a prison term more than six years
(beyond the probationable limit of six years). He appealed his case and the appellate court
modified his sentence below six years.

Question: May Pedro apply for probation?

Answer: Yes, by virtue of specific provision of RA 10707 when a judgment of conviction

imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified
through the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final . The application
for probation based on the modified decision shall be filed in the trial court where the judgment
of conviction imposing a non-probationable penalty was rendered, or in the trial court where
such case has since been re-raffled".

Note:
 Appeal and probation are mutually exclusive remedies. An accused who applies for
probation admits his guilt and the application and cancellation of his bail bond It renders
the judgment of conviction final and immediately (Cal vs. CA 66 SCAD 796, 251 SCRA
228)

When Probation Order become Effective

It shall take effect upon its issuance at which time the court shall inform the offender of
the consequences there at and explain that upon his failure to comply with any of the conditions
prescribed in the said order or his commission of offense which he was placed on probation.

Persons Disqualified to be placed on Probation (based on RA 10707)

“SEC. 9. Disqualified Offenders. - The benefits of this Decree shall not be extended to those:
"a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
"b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
" d. who have been once on probation under the provisions of this Decree; and
"e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof."

Notes:
 Convicts who are sentenced to serve a maximum term of imprisonment of 6 years and
one day and above are disqualified to avail the privilege of probation.

 A penalty of six years and one day is not entitled to the benefits of the law. In Francisco
v. CA, 243 SCRA 384, the Supreme Court held that in case of one decision imposing
multiple prison terms, the totality of the prison terms should not be taken into account for
the purposes of determining the eligibility of the accused for the probation. The law uses
the word "maximum term", and not total term. It is enough that each of the prison term
does not exceed 6 years. The number of offenses is immaterial for as long as the
penalties imposed, when taken individually and separately, are within the probation
period.

 Convicted of any crime against the national security (such as treason, espionage
and piracy.) Prior to RA 10707 crimes against public order was included

 Who have previously been convicted by final judgment of an offense punished by

imprisonment of more than six (6) months and one (1) day and/or a fine of more
than one thousand pesos (P1,000.00). Prior to 10707, it was for imprisonment of not
less than one month and one day and/or a fine of not less than P200.

 Except for the reasons specified by the law, a trial court should not deny a petition for
probation, especially when the probation officer has favorably recommended the grant of
probation. Unless in exercise of its sound discretion. the court determine that granting
probation will not able to serve the ends of justice and the best interest of the public
primarily, as well as that of the applicant.

 Even if at the time of conviction the accused was qualified for probation but at the time of
his application for probation, he is no longer qualified, he is not entitled for the grant of
probation. The qualification for probation must be determined as of the time the
application is filed in court (Bernardo v. Judge Balagot, 86561. Nev 10, 1992).

 The law enumerates who are disqualified from being allowed to avail of probation, and
the application for probation of one who does not come under any of these
disqualifications should be granted (Santos vs Paño, 120 SCRA 8)

Period of Probation
The period of probation of a convict sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not exceed
six years (Section 14-a, PD 968 as amended).
 When the sentence imposes a fine only and the convict is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established in Article 39 of the Revised Penal Code (Section 14-b, PD 968 as amended)

Notes:
 Subsidiary penalty is to be imposed if the convict has no property with which to meet the
fine. He shall be subject to a subsidiary personal liability at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court (Article 39, Revised
Penal Code).

 When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony (Article 39-2, Revised Penal
Code).

 When a convict is sentence to pay a fine only and the he is made to serve subsidiary
imprisonment due to his of insolvency, the period of probation shall not be less than nor
be more than twice the total number of days of subsidiary imprisonment as computed at
the rate of one day for each amount equivalent to the highest minimum wage rate
prevailing at the time of the rendition of the judgment of conviction by the trial court.

 The period of probation may either be shortened or made longer, but not to exceed the
period set in the law. There is so because the period of probation is deemed the
appropriate period of rehabilitation of the probationer. A major role is played by the
probation officer in the release of the probationer because he is the one in the best
position to report all information relative to the conduct of mental and physical condition
of the probationer in his environment and existing institutional and community resources
that he may avail himself of when necessary (Bala vs Martinez. 181 SCRA 459).

Arrest of Probationer: Subsequent Dispositions

At any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation. The probationer, once
arrested and detained, shall be immediately be brought before the court for a hearing of the
violation charged. The defendant may be admitted to hail pending such hearing. In such case,
the provisions regarding release on bail of persons charge with a crime shall be applicable to
probationers arrested under these provisions.

In the hearing, which shall be summary in nature, the probationer shall have the right to
be informed of the violation charged and to adduce evidence in his favor. The court shall not be
bound by the technical rules of evidence but may inform itself of all the facts which are material
and relevant to ascertain the veracity of the charge. The state shall be represented by a
prosecuting officer in any contested hearing. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall not be appealable (Section 14 of PD 968 as
amended by PD 1257)

Obligations of a probationer:
1. Present himself to the probation officer within 72 hours from receipt of probation order.
2. Report himself to the probation officer at least once a month during the period of probation.
3. Not to violate the conditions of his probation

Terms and Conditions of Probation

Two kinds of conditions in probation: (1) mandatory; (2) discretionary.

Mandatory or General Conditions

1. To present himself to the Probation Office for supervision within 72 hours from receipt of the
probation order.
2. To report to the assign probation officer at least once a month during the period of probation
at such time and place as may be specified by the Probation Office.

Discretionary or Special Conditions

1. Cooperate with his program of probation treatment and supervision;
2. Meet his family responsibility;
3. Devote himself to a specific employment and not to change said employment without
prior written approval of the Chief Probation and Parole officer;
4. Undergo medical, or psychological, or clinic, or drug or psychiatric examinations and
treatment and remain in a specified institution, when required for the purpose;
5. Comply with a program of payment civil liability of the offended party or his heirs, when
requires by the trial court of as embodied in its decision or resolution;
6. Pursue a prescribed secular study or vocational training;
7. Attend or reside in a facility established for instruction, schedule or residence of persons
on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverage to excess;
10. Permit the supervising probation officer on case or authorized social worker to visit his
home and place of work;
11. Reside at premises approved by the trail court and not to change his residence without
proper approval of the said court, and
12. Satisfy other conditions related to his rehabilitation into a useful citizen, which is not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

Supervision of Probationers

The primary purposes are as follows:

1. To ensure the probationer's compliance with the probation conditions and the prescribed
probation treatment and supervision program/plan;
2. To manage the process of the probationer's rehabilitation and reintegration into the
community, and
3. To provide guidance for the probationer's transformation and development into a useful
citizen for his eventual reintegration to the mainstream of society
Principles, Goals and Objectives of Probation
It is the considered opinion of most correctional authorities that probation is one of the
most effective and economical tools which society now has available for the care,
treatment and rehabilitation of certain adult and juvenile offenders against the law.

Presidential Decree No. 968 otherwise known as the Probation Law of 1976 recognizes
such trend. However, the Decree separates adult probation from juvenile probation for it
expressly excludes those entitled to the benefits under the provisions of Presidential Decree No.
603, known as the Child and Youth Welfare Code, and similar laws Statements of the principles,
goals and objectives of the Probation Law are found in its Preamble.

Essential goals of Probation

1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs instead
of imprisonment.
5. It is limited only to offenders who are likely to respond to probation favorably; and
6. It is economical or less costly than confinement to prisons and other institutions with
rehabilitation programs.

The Basic Legal Concept of Probation (Two-fold Concepts):

1. As a conditional suspension of the execution of sentence; and,
2. As a personal care or treatment and supervision over the probationer

The former denotes that the court assumes a primary role because a grant of probation is
judicial function and prerogative. The latter indicates the administrative aspect of probation
through the supervision of a probation officer and from the point of view of social workers, a
social casework treatment.

The court dual role in probation:

1. When it acts in accordance with the jurisdiction it acquires over the accused and proceeds to
determine his guilt. Assuming an affirmative finding of the offender's guilt beyond reasonable
doubt, the court would convict and sentence said offender.
2. When the court determines whether or not to grant probation upon application of the offender.
Sections 3(a) and 4 of the Decree clearly showed this purpose. The Decree defines probation in
Section 3 as a disposition under which the defendant, after conviction and sentence, is released
subject to the conditions imposed by the court and to the supervision of a probation officer.

Notes:
 An offender will be released on probation only after conviction and sentence
Furthermore, Section 4 underlines the necessity of filing an application with the trial court
before the suspension of the execution of the court's judgment. The petition for probation
may be filed by a petitioner directly with the trial court which exercises jurisdiction over
his case.

 If the court finds that the petition is in due form and that the petitioner is not disqualified
from the grant of probation it shall refer the same to the Provincial or City Probation
 Officer within its jurisdiction as the case may be. The court shall order the Provincial or
City Probation Office to conduct a post-sentence investigation of the petitioner.

 Only upon the filing of an application for probation after conviction and sentence and a
determination that the offender does not fall under any of the disqualifications set for thin
the Decree the court may suspend the execution of sentence

 The Post-Sentence Investigation is an indispensable requisite to a grant of probation

The Probation Law provides: "No person shall he placed on probation except upon
prior investigation by the probation officer and a determination by the court that
the ends of justice and the best interest of the public as well as that of the
defendant will be served thereby." The scope of the investigation must be consistent
with the purposes of probation. In general, it is a fact finding inquiry into all information
relative to the character antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.

 Upon the termination of the Post-Sentence Investigation, the probation officer shall
submit to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The purpose of the report
is to assist the court in determining whether or not the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby.

 The recommendation contained in the report is merely persuasive and is in no way

binding upon the court. Considering the foregoing, and compliance therewith, the court
will promulgate a probation order.

 Probation is a privilege and, as such, its grant rests solely upon the discretion of the
court. The grant of probation results in the release of the petitioner subject to the terms
and conditions imposed by the court, and to the supervision of the Probation Office. As
to the conditions to be imposed by the court, they are enumerated in Section 10 of the
Presidential Decree No. 968.

 The jurisdiction and control of the court which arises from an imposed sentence,
remains with the court even after a grant of probation. This is evident in Sections 32
and 40 of the Rules On Probation Methods and Procedures Section 32 provides:
"During the period of probation the court, motu proprio, or on motion of the
probation officer or of the probationer, may revise or modify the conditions or
terms of the probation order."

 In case of violation of the terms and conditions imposed by the court, Section 40
provides "if the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed and shall commit the probationer"
This power of the court underlines the non-punitive and non-repressive aspect of
probation.

 As an Administrative Process Once the court has granted probation to an offender and
has duly imposed the terms and conditions of the probation. the probation officer has the
 bounden duty to see to it that the probationer observes all terms and conditions imposed
by the court. Probation supervision is then a primarily an administrative process.

Note:
 To carry out these purposes the Probation Law upon its approval carried with it the
establishment of a Probation Administration an agency under the Department of Justice,
which shall exercise general supervision overall probationers

In case of violation is committed by the probationer:

The court, after considering the nature and seriousness of the violations of probation,
may issue a warrant for the arrest of the probationer He is then brought to the court immediately
for hearing, which is summary. If violation is established, the Court may revoke or continue the
probation and modify the conditions thereof. If revoked, the probationer shall be ordered to
serve the sentence originally imposed and shall commit the probationer. The order of the court
is not appealable (Re: Section 15 of PD 968 as amended)

Termination of Probation (Section 3 of RA 10707 amended Section 16 of PD 968)

SEC. 16. Termination of Probation After the period of probation and upon consideration
of the report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.

Final Discharge of probation and its implications: (Section 3 of RA 10707)

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.

"The probationer and the probation officer shall each be furnished with a copy of such order”.

Notes:

 The suspension of the sentence however, has no bearing on the civil liability, which is
separate and distinct from the criminal action. (Budlong v. Apalisok, 22 SCRA 935)
 Probation is revocable before final discharge of the probationer by the court. Thus, the
expiration of the probation period alone does not automatically terminate probation.
Probation is not coterminous with the period. There must be first issued by the court of
an order of final discharge based on the report and recommendation of the probation
officer. Only from such issuance can the case of the probationer be deemed terminated.
(Bala vs Martinez, 181 SCRA 459)

Privilege and Confidential Nature of Probation Records

The investigation report and the supervision history of probationer obtained under the
Probation Law shall privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned. except that the court in its discretion
may permit the probationer or his attorney to inspect the aforementioned documents or parts
thereof whenever the best interest of the probationer make such disclosure desirable or helpful
Provided, further. That any government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use
from the proper court or the Administration (Section 17 of PD 968 as amended)
 The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years
and a fine ranging from six hundred to six thousand pesos shall be imposed upon any person
who violates the confidential nature of probation records (Section 29 of PD 968 as amended.
Interpretation/Construction of the Probation Law:
The provisions of the Probation Law should be liberally construed in order that the
objective should be realized and achieved. (Santos v. Hon. Pano, 55130. Jan. 17. 1983) In
probation, the imposition of the sentence is suspended and likewise its accessory penalties are
likewise suspended. An order placing the defendant on probation is not a sentence but is rather
in effect a suspension of the imposition of the sentence. It is not a final judgment but is rather an
interlocutory judgment in the nature of the conditional order placing the convicted defendant
under the supervision of the court for his reformation. (Baclayon v Hon. Mutia, 129 SCRA 148)

In the application for probation, the judge should, as much as possible, adopt a liberal
attitude in favor of the accused since the evident purpose of probation law is to afford the
accused a chance to reform and rehabilitated himself without the stigma of prison record to save
the government funds that may otherwise be spent for his incarceration and to decongest jails. If
an accused is not disqualified by law for probation, his application for probation should be
granted (Del Rosario, Jr. vs Rosero 126 SCRA 228).

Advantages of Probation:
The implementation of the Probation Law will confer benefits and advantages not only to
society in general but more so on the part of the offender and the government.

1. For the society - The philosophy of probation is that the community is responsible for crime
and its causation, that individuals can change and deserve a second chance, and that for the
greater good of society that offenders not be summarily eliminated from productive life but
brought back to its fold in the quickest and least traumatic way possible. Concretes society is
benefited by the probation system owing to the continued presence therein of erring individuals
who, notwithstanding a previous error, are expected to have turned from their errors and to
continue serving the society. A different situation would result in the incarceration of valuable
human resources
2. For the victim - Probation provides restitution in favor of the victim hence, justice is
considered served.
3. For the Convicts - In the absence of probation as an alternative to incarceration, a convicted
individual would accumulative suffer the loss not only of family contacts and job, but also, with
the mass treatment in prison. loss of privacy or any privileges requiring exercise of personal
freedom of choice. In addition to stigmatization, disruption of normal familial and other
meaningful relationship, such removal from productive participation in the labor force results in
deprivations for the loved ones and innocent associates of the convict
4. For the family of the convicts - It does not deprive the children of their parents and a
spouse for her/his husband or wife hence, it maintains the family united.
5. For the government - The confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of the country.
Probation is thus a less costly alternative to the imprisonment of offenders. Adoption of the
system which humanizes criminal law and penology also demonstrates the government's
adherence to the principle of human rights. One other tangible benefit of probation is that it
would help relieve congestion in our jails and other institutional corrections.