Probation

Law of the
Philippines
MR. MIKE ALDRIN T. S ABADO
SCOPE
1. Probation
2. Who can apply?
3. Who are disqualified?
4. Application for Probation
5. Rules on grant of Probation
6. Two kinds of Conditions
7. Duration of Probation
Probation
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?
Any first time convicted offender who is 18 years old or
above

Note: 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
Who are disqualified?
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
Application for probation
The application shall be filed with the court that tried and sentenced the
offender.
It may be filed 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
the applicant may be released under the bail he filed in the criminal case while
his application for probation is pending
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 term of
imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant
has perfected an appeal.
Rules on grant of Probation
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
Rules on grant of Probation
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
Rules on grant of Probation
What will happen if a probationer violates the conditions of probation?
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
Rules on grant of Probation
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 his probation, the court may order the final discharge of
the probationer.
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are restored.
c. offender's liability for any fine imposed is discharged
Two kinds of condition
Mandatory or general
once violated, the 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.
Two kinds of condition
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.
Duration of Probation
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 is made to serve subsidiary
imprisonment, probation shall be twice the total number of days of
subsidiary imprisonment
THANK YOU!