Probation Law of the Philippines

Discharge

What is Probation? ans.- is a disposition under which a defendant after conviction and sentence is released su
Who can apply for Probation? ans. any first time convicted offender who is 18 years old or above.

Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile Justice and W

Where shall an application for Probation be filed? ans. the application shall be filed with the court that tried

What will happen if the application for Probation is denied? ans. the offender will be sent by the sentencin

When should an application for Probation be filed? ans. anytime before the offender starts serving his sente

May an offender be released from confinement while his application for Probation is pending? ans. yes, t
How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sent
2. Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant has perfected an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.

7. The convict is not immediately put on probation. There shall be a prior investigation by the probation o

Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant m
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.

Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its d

What will happen if a probationer violates the conditions of probation? ans.

1. The court may modify the conditions of probation
or revoke the same.
2. If the violation is serious, the court may order the
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.

The court order shall not be subject to appeal.

Probation is not coterminous with its period. There must be an order issued
by the court discharging the probationer. Upon
finding that he has fulfilled the terms and conditions of his probation, the court may order the final dis
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are
restored.
c. offender's liability for any fine imposed is
discharged.

Who are disqualified from the benefits of probation: ans.

1. Those sentenced to serve a prison term of more 6 years.
2. Those convicted of any crime against the national
or the public order.
3. Those previously convicted of an offense which is
punished by imprisonment of not less that one
month and one day imprisonment and/or a fine of
not less than P200.
4. Those who have been placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus
election code, insurgency law, wage rationalization
act.
There are two kinds of conditions imposed upon the offender under probation:
1. Mandatory or general once violated, the
probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
granting probation.
2) To report to his probation officer at least once a
month.

3) not to commit any other offense while on

probation.
2. Discretionary or special additional conditions
which the court may additionally impose for the
probationers correction and rehabilitation outside
as the probationers Constitutional rights are not
jeopardized.

prison. The enumeration is not exclusive, as long

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the
offender is 1 year or less.
2. not more than 6 years if the sentence is more than
one year.
3. When the penalty is a fine only and the offender
is made to serve subsidiary imprisonment, probation
shall be twice the total number of days of subsidiary
imprisonment

What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his indeter

Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or les

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department o
When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds that there is a

What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and recommitted

What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute p
What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment impo
What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is

Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of the maxi
Who may grant commutation of sentence and pardon? ans. the president.
Who may file a petition for commutation of sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:

at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or the aggregate

at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/

at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisi

at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after

at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if th

at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusio

Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had serve

Is a prisoner who is released on parole or conditional pardon with parole conditions placed under superv
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.
Purpose of the law

1. promote the correction and rehabilitation of an offender by providing him with individualized treatmen

2. provide an opportunity for the reformation of a penitent offender which might be less probable if he we
3. prevent the commission of offenses.
Probationer - a person placed on probation.

Probation officer - one who investigates for the court a referral for probation or supervises a probationer or bo

The Probation administration shall be headed by the Probation administrator who shall be appointed by

There shall be an assistant probation administrator who shall assist the administrator perform such dutie

Qualifications of the Administrator and Assistant Probation Administrator.

1.

at least 35 years of age

2. holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, ps

3. at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of s

Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the

Provincial and City Probation officer - appointed by the Secretary of justice upon the recommendation of the
Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.

1. Bachelors degree with a major in social work, sociology, psychology, criminology, penology, correction

2. at least 3 years in work requiring any of the above mentioned disciplines or is a member of the Philippi

when practicable, the provincial or city probation officer shall be appointed from among qualified resid