Probation Law of 1976
Probation Law of 1976
Probation Law of 1976
CONCEPT
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.
APPLICATION
This shall apply to all offenders except those entitled to benefits under PD 603 and similar
laws.
2. Probation may be granted whether the sentence imposed a term of imprisonment or fine
only.
5. The application shall be filed with the trial court, and the order granting or denying
probation shall NOT BE APPEALABLE.
POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There shall be a prior investigation by
the probation officer and a determination by the court.
1. All information relative to the character, antecedents, environment, mental, and physical
condition of the offender.
Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas
CRIMINAL LAW 1
DISQUALIFIED OFFENDERS
CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general once violated, the probation is cancelled. They are:
a) Probationer: Presents 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
order;
b) He reports to the probation officer at least once a month.
2. Discretionary or special additional conditions listed, which the courts may additionally
impose on the probationer towards his correction and rehabilitation outside prison.
HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and
enable the courts to designate practically ANY term it chooses, as long as the probationers
Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of
probationer, and not incompatible with the freedom of conscience of probationer.
PERIOD OF PROBATION
2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6
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.
Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas
CRIMINAL LAW 1
2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his
probation and MODIFY the conditions thereof. This order is not appealable.
TERMINATION OF PROBATION
The court may order the final discharge of the probationer upon finding that, he has fulfilled
the terms and conditions of his probation.
Note that the probation is NOT coterminous with its period. There must be an order
issued by the court discharging the probationer.
Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas