Rules On Grant / Revocation of Probation: Non - Institutional Corrections
Rules On Grant / Revocation of Probation: Non - Institutional Corrections
Rules On Grant / Revocation of Probation: Non - Institutional Corrections
• Define Probation
• Enumerate the Rules on Granting of Probation/ the Revocation
of Probation
• Understand the Mandatory, Discretionary, and Special
Conditions 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
(15 days from date of promulgation of the decision convicting the accused).
2. Probation may be granted whether the sentence imposes a term of
imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant
has perfected an appeal from the judgment of conviction.
4. In case an appeal is made but has not yet been perfected, an application for
probation may still be filed and such is deemed a withdrawal of the appeal.
5. The filing of the application for probation operates as a waiver of the right
to appeal.
6. The application for probation shall be filed with the trial court and the order
granting or denying probation shall not be appealable. (Sec. 4, PD No. 968,
as amended)
Page 1 of 11
MODULE:
Non - Institutional Corrections
Penalty which Makes a Convict Qualified for Probation
The penalty must not exceed six (6) years (equivalent to prision
correctional) imprisonment. In case of multiple convictions, the basis for
determining whether or not the penalty qualifies the convict for probation is the
term of individual imprisonment and not the sum total of all prison terms imposed
in the decision.
Fixing the cut-off point at a maximum term of six (6) years imprisonment
for probation is based on the assumption that those sentenced to higher penalties
pose too great a risk to society, not just because of their demonstrated capability
for serious wrongdoing but because of the gravity and serious consequences of
the offense they might further commit.
Criteria for Placing an Offender on Probation; the Court shall Consider All
information Relative to: (Sec. 8, P.D. 968, as amended)
1. Character
2. Antecedent
3. Environment
Page 2 of 11
MODULE:
Non - Institutional Corrections
Offenders disqualified from being placed on Probation
The benefits of PD. No. 968, as amended, shall not be extended to those:
An application for probation shall be filed with the trial court within the
period for perfecting an appeal. In Palo vs. Militante 184 SCRA 395, the Supreme
Court said that an application for probation was never intended to suspend the
period for the perfection of an appeal, and the filing of the application for probation
operate as a waiver of the right to appeal. The effects of an application for
probation are:
The court shall notify the Trial Prosecutor of the filing of an application for
the grant of probation filed by a defendant after conviction and sentencing but
before service of sentence. A Trial Prosecutor shall submit his comments to the
application for probation within ten (10) days from receipt of the notification of
the filing of said application. (Sections 4 and 5, Part XI DOJ Manual for
Prosecutors)
Page 3 of 11
MODULE:
Non - Institutional Corrections
Pending resolution of the application for probation, the defendant shall be
released on temporary liberty under his bail filed in the criminal case. In case no
bail was filed or if the defendant is not capable of filing one, the court may release
the defendant on recognizance to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
(Sec. 6, Part XI DOJ Manual for Prosecutors; Sec. 7, 2 paragraph, P.D. No. 968,
as amended)
The grant of bail or recognizance by the trial court to the petitioner for
probation while waiting for the resolution of his application for probation is an
exception to the rule that, no bail is granted after final judgment. As provided, "an
accused shall not be allowed bail after the judgment has become final, unless he
has applied for probation before commencing to serve sentence, the penalty and
the offense being within the purview of the Probation Law. In case the accused
has applied for probation, he may be allowed temporary liberty under his bail bond,
but if no bail was filed or the accused is incapable of filing one, the court may
allow his release on recognizance under the custody of a responsible member of
the community. In no case shall bail be allowed after the accused has commenced
to serve sentence." (Sec. 11, Part V-Bail, DOJ Manual for Prosecutors)
The Trial Prosecutor shall. Object to the application for the grant of
probation in the following instances:
1. If the defendant fails to comply with any of the criteria for the grant of
probation as set forth in Section 8 of Presidential Decree No. 968, as
amended;
Page 4 of 11
MODULE:
Non - Institutional Corrections
month and one (1) day and/or a fine of not more than Two
Hundred pesos (Php. 200.00); and
The grant of probation is merely a privilege and its grant rests upon the
discretion of the court Conditions should be interpreted with flexibility in their
application and each case should be judged on its own merits on the basis of the
problems, needs and capacity of probation (Baclayan vs. Mutia 129 SCRA 148).
The defendant after conviction and sentence is released subject to the mandatory
and discretionary conditions imposed by the court and to the supervision of a
probation officer.
As a rule, the conditions listed under Section 10 of the Probation Law are
not exclusive. Courts are allowed practically any term it chooses, the only
limitation being that it does not jeopardize the constitutional rights of the accused.
Courts may impose conditions with the end that these conditions would help the
Page 5 of 11
MODULE:
Non - Institutional Corrections
probationer develop into a law-abiding individual. (Baclayon vs. Mutio 129 SCRA
148)
The trial court is given the discretion to impose conditions in the order granting
the probation was it may deem best." It is necessary that the conditions which
provides for a program of payment of his civil liability will address the offender's
needs and capacities. Such need may be ascertained from the findings and
recommendations in the post sentence investigation report submitted by the
probation officer after investigation of the financial capacity of the offender and
that such condition is to the end that the interest of the State and the reformation
of the offender or probationer is best served. (Salgado vs. Court of Appeals, G.R.
No. 89606, August 30, 1990, 189 SCRA 304)
The Discretionary or Special Conditions of Probation (Sec. 10, 2nd par. [a-k), P.D.
968, as amended)
Page 6 of 11
MODULE:
Non - Institutional Corrections
10.Reside at premises approved by it and not to change his residence without
its prior written approval; or
11.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.
A probation order shall take effect upon its issuance, at which time the court
shall inform the offender of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for the offense
under which he was placed on probation. (Sec. 11, P.D. No. 968, as amended)
The probationer and his probation program shall be under the control of the
court that placed him on probation subject to the actual supervision and visitation
by a probation officer.
Page 7 of 11
MODULE:
Non - Institutional Corrections
The Revocation of Probation Procedure
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 charged. 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. (Sec. 15, 2nd par., P.D. 968, as amended)
The Probation Officer may motu proprio (on its own motion or initiative) or
upon the report of a probation aide or any other person, conducts a fact-finding
investigation of any alleged violation of probation. If the investigation establishes
the violation of probation, the Probation Officer shall report the same to the court.
(Sections 34-35, Rules on Probation Methods and Procedures)
The court after considering the nature and seriousness of the alleged
violation on the basis of the report mentioned in Section 37 above, may issue a
Page 8 of 11
MODULE:
Non - Institutional Corrections
warrant for the arrest of the probation. (Sec. 38, Rules on Probation Methods and
Procedures)
Upon consideration of probation officer's report, the court may order final
discharge of the probationer thereupon the case is deemed terminated. It was held
in Bala vs. Martinez, et al., 181 SCRA 459 that, the probation is not coterminous
with its period, hence mere lapse of the probation period does not terminate the
probation. There must be an order issued by the court terminating the probation.
The termination of probation restores to the probationer all civil rights and fully
discharge his liability for any fine imposed as to the offense for which probation
was granted. 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.
The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed 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. (Sec. 16, P.D. No. 968, as amended)
Page 9 of 11
MODULE:
Non - Institutional Corrections
4. By the successful completion of a program of probation. (Sec. 49, Rules on
Probation Methods and Procedures)
The Rules on Probation provides that, at least thirty (30) days before the
expiration of the period of probation, the Probation Office shall submit a final
report (Probation Form No. 9) to the court, which shall indicate the following,
among others:
5. Such other information as may be required by the court. (Sec. 50, Rules on
Probation Methods and Procedures)
Page 10 of 11
MODULE:
Non - Institutional Corrections
name of the victim-survivor and shall use fictitious initials instead to represent
her. Likewise, the personal circumstances of the survivors or any other
information tending to establish or compromise their identities, as well as those
of their immediate family or household members, shall not be disclosed. (People
vs. Cabalquinto, G.R. No, 167693, September 18, 2006, citing Sec. 40 of R.A. Na.
9262)
Under R.A. No. 9344 known as the "Juvenile Justice Welfare Act of 2006,"
a Child in Conflict with the Law (CICL) shall be entitled to probation under the
Probation Law of 1976 in lieu of service of his sentence. Section 42 of the law
provides:
References:
Handbook on
NON-INSTITUTIONAL CORRECTIONS
LINNET DOLINEN - GAHAR
Page 11 of 11