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Islaw Probation: Nature Penalty Involved Availability Effect/Disposition

ISLAW is mandatory suspension of sentence that applies automatically if the offender is not disqualified. It is granted by final judgment and is not affected if an appeal is filed. Probation is a privilege that must be applied for and is not guaranteed. It can only be granted once and is foreclosed if an appeal is filed. A violation of ISLAW results in serving the unexpired portion of the original sentence, while a serious violation of probation may result in serving the entire original sentence.

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0% found this document useful (0 votes)
62 views2 pages

Islaw Probation: Nature Penalty Involved Availability Effect/Disposition

ISLAW is mandatory suspension of sentence that applies automatically if the offender is not disqualified. It is granted by final judgment and is not affected if an appeal is filed. Probation is a privilege that must be applied for and is not guaranteed. It can only be granted once and is foreclosed if an appeal is filed. A violation of ISLAW results in serving the unexpired portion of the original sentence, while a serious violation of probation may result in serving the entire original sentence.

Uploaded by

Aa T
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ISLAW PROBATION

NATURE mandatory (if not disqualified); convict need not apply for it a privilege; convict must apply for it; not automatically
granted
PENALTY INVOLVED imprisonment only imprisonment or fine
AVAILABILITY every time as long as offender is not disqualified only once
EFFECT/DISPOSITION  minimum to be served  execution of the sentence is suspended
 it will not extinguish civil liability

Under Section 16 of P.D. 968 as amended by R.A. 10707: the


final discharge of the probationer shall operate to restore to
him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to
the offense for which probation was granted.

DISQUALIFICATIONS 1. those convicted of offenses punished with death 1. Those sentenced to serve a maximum term of
penalty or life imprisonment (as well as reclusion imprisonment of more than 6 years;
perpetua) 2. Those convicted of any crime against national security
2. Those convicted of treason, conspiracy or proposal to (subversion);
commit treason; 3. Those who have previously been convicted by final
3. Those convicted of misprision of treason, rebellion, judgment of an offense punished by imprisonment of
sedition, or espionage; more than 6 months and 1 day and/or a fine of more
4. Those convicted of piracy; than one thousand pesos (P1,000.00);
5. Those who are habitual delinquents; 4. Those who have been once on probation under the
6. Those who shall have escaped from confinement or provisions of this Decree;
evaded sentence; 5. Those who have perfected an appeal from judgment of
a. (People v. Perez: a minor who escaped from
conviction;
confinement in the reformatory is entitled to the
benefits of the law because confinement is not 6. Those convicted of an election offense under the Omnibus
considered imprisonment). Election Code;
7. Those who having been granted conditional pardon 7. Those convicted of drug trafficking or drug pushing;
by the Chief Exec. shall have violated the terms 8. Those who filed a malicious report that a person is
thereof; committing a violation of Anti-money laundering law and
8. Those whose maximum term of imprisonment does was convicted because of such malicious filing
not exceed one year;
*Those already sentenced by final judgment at the time of *Those who are already serving sentence at the time the
approval of this Act except those under Sec. 5 thereof substantive provisions of this Decree became applicable
pursuant to Sec. 33 thereof.
ALT – 1O | SBU COL
PERIOD Imprisonment of more than 1 year
 Will not exceed 2 years
All other cases of imprisonment (not more than 6 years)
 Will not exceed 6 years
Fine only, subsidiary imprisonment in case of insolvency
 twice the period computed
 Not less than nor more than 2x than the total number
of days of subsidiary imprisonment, taking into
account the highest minimum wage rate at the time
of the rendition of the judgment
WHO GRANTS IT

EFFECT OF APPEAL No effect on the operation of ISL; what matters is final forecloses probation; disqualifies applicant
judgment
EFFECT OF unexpired portion shall be served entire service shall be served if the court determines that
VIOLATION there was a serious violation of the condition imposed.
the court may order incarceration or just modify the
condition of the probation but may continue the probation of
the convict
APPEALABLE? NO. The probationer cannot appeal from the decision
revoking the grant of probation or modifying the terms and
conditions thereof.

ALT – 1O | SBU COL

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