Research on probation

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicte
sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfe
appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such
conditions as it may deem best. No application for probation shall be entertained or granted if the defendant has perfe
appeal from the judgment of conviction: Provided, That when a judgment of conviction imposing a non-probationable
appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendan
allowed to apply for probation based on the modified decision before such decision becomes final. The application fo
based on the modified decision shall be filed in the trial court where the judgment of conviction imposing a non-proba
penalty was rendered, or in the trial court where such case has since been re-raffled. In a case involving several defe
where some have taken further appeal, the other defendants may apply for probation by submitting a written applicat
attaching thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgm

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified decisio
already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of the app
be deemed a waiver of the right to appeal. 1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by imprisonm
more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree bec
applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon consideration of the rep
recommendation of the probation officer, the court may order the final discharge of the probationer up
that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed termi

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

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. — Regional, Pro
City Probation Officers shall have the authority within their territorial jurisdiction to administer oaths an
acknowledgments and to take depositions in connection with their duties and functions under this Dec
shall also have, with respect to probationers under their care, the powers of a police officer. They sha
considered as persons in authority.”

SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation Officers s
 assisted by such field assistants and subordinate personnel as may be necessary to enable them to c
their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole Officer
supervised treatment program of the probationers, the Probation Administrator may appoint citizens o
repute and probity, who have the willingness, aptitude, and capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal allo
may be determined by the Probation Administrator, for services rendered as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cau
functions, qualifications, continuance in office and maximum case loads shall be further prescribed un
implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. I
strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall encour
support the former to organize themselves in the national, regional, provincial, and city levels for effec
utilization, coordination, and sustainability of the volunteer program.”

SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions hereof not affected
declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and regulations or parts
which are inconsistent with this Act are hereby amended, repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act shall be included
General Appropriations Act of the year following its enactment into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of this Act, the Depar
Justice shall promulgate such rules and regulations as may be necessary to carry out the provisions of this Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the Official Gazette or in two
newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) FRANKLIN M. DRILON

Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was finally passed by the Senate a
House of Representatives on September 15, 2015 and September 14, 2015, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR B. YABES

Secretary General Secretary of the Senate
House of Representatives
Approved: NOV 26 2015

(Sgd.) BENIGNO S. AQUINO, III

President of the Philippines

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