Probation Law

PROBATION LAW
PRESIDENTIAL DECREE NO. 968,

AS AMENDED BY PRESIDENTIAL DECREE NO. 1257, AND AS FURTHER AMENDED BYBATAS
PAMBANSA BLG. 76 ANDPRESIDENTIAL DECREE NO. 1990
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.
Probation, defined.
Probation 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.
Probation may be granted even if the sentence imposed a fine only, but with
subsidiary imprisonment.
Upon application by defendant for probation, the court may suspend the
execution of the sentence.
Time for filing application for probation; purpose and effect.

What the law requires is that the application for probation must be filed within the period for
perfecting an appeal. The need to file it within such period was intended to encourage offenders, who are willing to
be reformed and rehabilitated, to avail of probation at the first opportunity.
Note: The convict is not immediately placed on probation, for no person shall be placed on probation
except upon prior investigation by the probation officer and a determination by the court.
Where application for probation filed.

An application for probation shall be filed with the trial court.
Convict who filed an application for probation cannot appeal.
Inappealability of resolution on application for probation.
Nature of order granting probation.

An order placing defendant on "probation" is not a "sentence" but is rather in effect, a suspension of
the imposition of sentence.
Probation officer to submit the investigation report not later than 60 days and the
court to resolve the application for probation not later than fifteen days after
receipt of the report.
Pending submission of report and resolution of the petition, defendant may be

released under his bail filed in the criminal case.
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.
Criteria for placing an offender on probation.

The court shall consider (1) all information relative to the — (a) character, (b) antecedents, (c)
environment, (d) mental, and (e) physical condition of the offender, and (2) available institutional and
community resources.
When probation shall be denied.
Probation shall be denied if the court finds that:
(a) the offender needs correctional treatment that can be provided most effectively by his commitment to an
institution; or
(b) there is an undue risk that during the period of probation, the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Who are the offenders disqualified from being placed on probation?

The benefits of the Decree shall not be extended to —
(a) those sentenced to serve a maximum term of imprisonment of more than six years;
(b) those convicted of subversion or any crime against the national security or public order;
(c) those who were previously convicted by final judgment of an offense punished by imprisonment of not less
than one month and one day and I or a fine of not more than two hundred pesos;
(d) those who have been once on probation under the provisions of the Decree; and
(e) those who are already serving sentence at the time the substantive provisions of the Decree became
applicable pursuant to Section 33 thereof.
What are the conditions of probation?

(a) present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within 72 hours from receipt of the order;
(b) report to the probation officer at least once a month at such time and place as specified by said officer.
Effect of probation on accessory penalties.

Accessory penalties are deemed suspended once probation is granted.
What are the effects of violation of probation order?

Upon the failure of the probationer to comply with any of the conditions prescribed in the order, or
upon his commission of another offense, he shall serve the penalty imposed for the offense under which he was
placed on probation.
For how long may a convict be placed on probation?

1. If the convict is sentenced to a term of imprisonment of not more than one year, the period of probation
shall not exceed two years.
2. In all other cases, if he is sentenced to more than one year, said period shall not exceed six years.
3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the
period of probation shall be twice the total number of days of subsidiary imprisonment.
When may a probationer be arrested, and what is the disposition once he is

arrested?
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
immediately be brought before the court for a hearing of the violation charged.
1. The violation of the conditions of probation must be serious to justify the issuance of a warrant of arrest.
2. The defendant may be admitted to bail pending hearing.
3. The hearing is summary in nature, but the probationer shall have the right to be informed of the violation
charged and to adduce evidence in his favor.
4. Court is not bound by the technical rules of evidence.
5. If the violation is established, the court may revoke or continue his probation and modify the conditions
thereof.
6. If revoked, the court shall order the probationer to serve the sentence originally imposed.
7. The order revoking the grant of probation or modifying the term and conditions thereof is not appealable.
When and how probation is terminated, and what are the effects of the
termination?
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.
Purpose of the Decree establishing a probation system.

The three-fold purpose of the Decree is to —
(a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent offender, which might be less probable if he were
to serve a prison sentence; and
(c) prevent the commission of offenses.
Probation affects only the criminal aspect of the case.

Probation affects only the criminal aspect of the case. The suspension of the sentence imposed on the accused
who is granted probation has no bearing on his civil liability.
Penalty on Moros and Non-Christians (Sec. 106, Administrative Code of Mindanao

and Sulu). The application of Section 106 of the Administrative Code of Mindanao
and Sulu is discretionary to the court.

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PROBATION LAW

PRESIDENTIAL DECREE NO. 968,

Time for filing application for probation; purpose and effect.

Where application for probation filed.

Convict who filed an application for probation cannot appeal.

Inappealability of resolution on application for probation.

Nature of order granting probation.

Pending submission of report and resolution of the petition, defendant may be

Criteria for placing an offender on probation.

Who are the offenders disqualified from being placed on probation?

What are the conditions of probation?

Effect of probation on accessory penalties.

What are the effects of violation of probation order?

For how long may a convict be placed on probation?

When may a probationer be arrested, and what is the disposition once he is

Purpose of the Decree establishing a probation system.

Probation affects only the criminal aspect of the case.

Penalty on Moros and Non-Christians (Sec. 106, Administrative Code of Mindanao

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