PROBATION LAW of 1976 Who are disqualified from the benefits of the Probation Law?

(6-S-1-PSDO)
1. Those sentenced to serve a maximum term of imprisonment of more
What is the purpose of this law? than 6 years
1) Promote the correction and rehabilitation of an offender by providing Reason: they pose too great a risk to society because of the gravity and
him with individualized treatment serious consequences of the offense they might further commit
2) Provide an opportunity for the reformation of a penitent offender which 2. Those convicted of any offense against the security of the State
might be less probable if he were to serve a prison sentence 3. Those who have been convicted by final judgment of an offense
3) Prevent the commission of offenses punished by imprisonment of not less than 1 month and 1 day and/or a
fine of not less than 200 pesos
Definition of terms 4. Those who have been once on probation under the provisions of the
a disposition under which a Decree
defendant, after conviction and 5. Those who were already serving sentence at the time the substantive
sentence, is released subject to provisions of the decree became applicable
Probation
conditions imposed by the court and 6. Drug pushers or drug traffickers
to the supervision of a probation 7. Those who violate the Omnibus Election Code
officer
Probationer a person placed on probation When do you apply for probation?
one who investigates for the court a o Within the period for perfecting an appeal (within 15 days after the
Probation Officer referral for probation or supervises a promulgation of the judgment of the trial court)
probationer or both o Under the JJWA, the child in conflict with law may apply for probation
anytime even during an appeal
NOTES: o The law does not permit the grant of probation after the lapse of the
1. Probation affects only the criminal aspect of the case. It is not a penal period for filing an appeal
statute.
2. It provides a period of grace in order to aid in the rehabilitation of a NOTES: Appeal:
penitent offender. It takes advantage of an opportunity for reformation 1. The return of the convict to jail for failure to post bail after conviction
and avoids imprisonment so long as the convict gives promise of does not make the judgment final
reform. 2. Appeal and probation are mutually exclusive remedies. An accused
3. Probation is founded on consent. It cannot be forced or compelled on a applying for probation is deemed to have accepted the judgment. It is an
convict. admission of guilt on the part of an accused for the crime which led to
4. An order placing the defendant on “probation” is not a “sentence” or the judgment of conviction.
judgment. It is rather a suspension of the imposition of the sentence. It 3. The application for probation is considered a waiver upon his part to file
is not a final judgment but an “interlocutory judgment” in the nature of a an appeal. This is to prevent loss of time, money, and effort on the part
conditional order placing the convicted defendant under the supervision of the State in this wasteful exercise.
of the court for his reformation, to be followed by a final judgment of 4. An application for probation is filed with the trial court
discharge, if the conditions of probation are complied with, or by a final 5. Probation improvidently filed may be withdrawn
judgment if the conditions are violated. 6. An application for probation renders the judgment final and cancels his
5. It is a mere privilege. The grant of probation rests solely upon the bail bond
discretion of the court. This discretion is to be exercised primarily for the 7. Judgment becomes final but not executory pending resolution of the
benefit of the organized society, and only incidentally for the benefit of application for probation
the accused. 8. An appeal to reduce the penalty bars an application for probation
6. Having the power to grant probation, it follows that the trial court also 9. If the appellate court has reduced the penalty to make it probationable,
has the power to order its revocation in a proper case and under the accused may apply for probation when the case is remanded to the
appropriate circumstances. trial court
7. It is incumbent upon the judge hearing the application to ascertain first 10. It affects only the suspension of sentence. It has no bearing on the civil
that the applicant is not a disqualified offender. liability
8. The grant of probation is not ministerial or automatic, even when the 11. The trial court determines the accused’s entitlement to the benefits of
convict is not in the list of disqualified offenders. the Probation Law
9. The favorable recommendation of the probation officer is at best merely 12. The waiver of his right to appeal or an automatic withdrawal of a
persuasive upon the courts in the consideration of the application. pending appeal is revocable
RAMOS, MARY LOUISE M. San beda college alabang – school of law
“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias
What is applicant’s remedy if his application for probation is denied? NOTES:
Special civil action of certiorari with: (I-R) 1. A program for payment of civil liability to the offended party is a valid
o Preliminary mandatory injunction and condition in the order allowing probation. However, it is necessary that
o Restraining order the condition which provides for a program of payment of his civil liability
will address the offender’s needs and capacity.
What is the criteria for placing an offender on probation? (Sec. 8) 2. Restitution is also a valid condition in probation.
In determining whether an offender may be placed on condition, the court shall Restitution – the compensation for loss; it is full or partial compensation
consider all information relative to the character, antecedents, environment, paid by a criminal to a victim ordered as part of a criminal sentence or
mental and physical condition of the offender, and available institutional and as a condition for probation.
community resources. 3. An order requiring the probationer to refrain from teaching, which is her
only calling or profession, is invalid.
Probation shall be denied if the court finds: (NUDe)
a) The offender is in need of correctional treatment that can be provided When does the probation order take effect?
most effectively by his commitment to an institution Sec. 11.
b) There is undue risk that during the period of probation, the offender will It shall take effect upon its issuance, at which time the court shall inform the
commit another crime offender of the consequences thereof and explain that upon his failure to comply
c) Probation will depreciate the seriousness of the offense committed 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
What are the conditions of probation? he was placed on probation.
(a) Present himself to the probation officer designated to
undertake his supervision at such place as may be Failure to comply with the conditions will result in the revocation of the order
Mandatory specified in the order within 72 hours from receipt of granting probation.
(P-R) said order
(b) Report to the probation officer at least once a month at May the conditions be modified?
such time and place as specified by said officer YES.
(a) Cooperate with a program of supervision During the period of probation, the court may revise or modify the conditions of
(b) Meet his family responsibilities period of probation upon application of the probationer or probation officer with
(c) Devote himself to a specific employment and not to notice to the other party as to give both parties an opportunity to be heard.
change said employment without prior written approval
of the probation officer The court shall inform in writing the probation officer and the probationer of any
(d) Undergo medical, psychological or psychiatric change in the period of conditions of probation.
examination and treatment and enter and remain in a
specified institution, when required for that purpose What is the role play by the probation officer in the release of the probationer?
(e) Pursue a prescribed secular study or vocational training He is in the best position to report all information relative to the conduct and
(f) Attend or reside in a facility established for instruction, mental and physical condition of the probationer in his environment, and the
Special existing institutional and community resources that he may avail himself of when
recreation or residence of persons on probation
(g) Refrain from visiting houses of ill-repute necessary.
(h) Abstain from drinking intoxicating beverages to excess
(i) Permit the probation officer or an authorized social What is the period of probation?
worker to visit his home and place of work Term of Imprisonment Period of Probation
(j) Reside at premises approved by it and not to change not more than 1 year shall not exceed 2 years
his residence without its prior written approval more than 1 year (in all other cases) shall not exceed 6 years
(k) Satisfy any other condition related to the rehabilitation FINE only shall not be less nor more than twice
of the defendant and not unduly restrictive of his liberty and the total number of days of subsidiary
or incompatible with his freedom of conscience offender is made the serve subsidiary imprisonment as computed at the
imprisonment rate established
Is the list exclusive?
NO. Probation statutes are liberal in character and enable courts to designate What is the status of the probationer during the period of probation?
practically any term it chooses as long as rights are not jeopardized. He remains in legal custody, subject to the control of the probation officer and of
the court.
RAMOS, MARY LOUISE M. San beda college alabang – school of law
“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias
What if the conditions have not been fulfilled? Exception: Unless he has applied for probation before commencing to serve
The convict may be rearrested and, sentence, the penalty and the offense being within the purview of the Probation
When rearrested, Law.
May be committed to prison to serve the sentence
Originally imposed upon him. In case the accused has been applied for probation, he may be allowed
temporary liberty under his bail.
The probation may be validly revoked if the probationer refuses to submit a But if no bail was filed or the accused is incapable of filing one,
program for payment of civil liability as ordered by the court. The court may allow his release on recognizance to the custody of a responsible
member of the community.
Sec. 15.
At any time during probation, the court may issue a warrant for the arrest of a In no case shall bail be allowed after the accused has commenced to serve
probationer for any serious violation of the conditions of probation. sentence.

The probationer, once arrested and detained, PROBATION PARDON

Shall immediately be brought before the court for a hearing of the violation Probationer is not a free man. His Extinguishes the criminal liability of
charged. case is not terminated by the mere the accused
The defendant may be admitted to bail pending such hearing. fact that he is placed on probation.
Judicial act Executive act
There will be a summary hearing.
Does probation conflict with the pardoning power of the Executive?
During the period of probation is the probationer a free man? o NO.
NO. o The pardoning power, in respect to those serving their probationary
The probationer’s case is not terminated by the mere fact that he is placed on sentences, remains as full and complete as if the Probation Law had
probation. never been enacted.
o The President may yet pardon the probationer and thus place it beyond
When is probation terminated? the power of the court to order his rearrest and imprisonment.
Upon issuance of an order of final discharge.

Does expiration of the probation period alone automatically terminate probation?

NO.
There must first be an issuance made by the court of final discharge based on
the report and recommendation of the probation officer.

What are the effects of the order of final discharge?

o The case against him shall be deemed terminated.
o It shall operate to restore all civil rights lost or suspended 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.
o He shall continue to be obliged to satisfy the civil liability resulting from
the crime committed by him.

Can the accused withdraw their application for probation and pursue their right to
appeal?
YES.
The underlying philosophy of probation is indeed one of liberality towards the
accused. It is not served by a harsh and stringent interpretation of the statutory
provisions.

Bail, Final Judgment, Probation

GR: An accused shall NOT be allowed bail after the judgment has become final.
RAMOS, MARY LOUISE M. San beda college alabang – school of law
“Get your shit together. No one else will do it for you.” Criminal law 1 2016: atty frias