APPLICATION AND GRANT
OF PROBATION
CORTEZ, JAMES WILBERT P.
BSCRIM-31
JURISDICTION OVER THE
CASE
·The trial court upon receipt of the
application, suspend the sentence
A
imposed on the judgment
·Applicant may be allowed
temporary liberty under his bail filed
in the criminal case pending the
submission of PSI and resolution on The time of filing shall be within the period for
perfecting an appeal which is 15 days (Revised
the application. Rule on Court)
No application shall be entertained
if the defendant has perfected the
B appeal. Such appeal will serve as
disqualification for probation. The
filing of application shall be deemed
a waiver of the right to appeal
If a non-probational penalty is B
appealed and changed to a
probational penalty, the defendant
can apply for probation based on
the modified decision at the court
where the original non-probational
penalty was issued.
·In cases of co - defendants, the
one who applied for probation will
B not be disqualified because of the
appeal filed by his co - defendants
Application shall be in the form
approved by the Secretary of
C
Justice as recommended by the
PPA administrator
If the trial court finds that the
application is due in form and the
D applicant appears to be qualified
for the grant of probation, it shall
order the City or Provincial Parole
and Probation Office to conduct a
PSI and submit the same within 60
days from receipt of the order of
said court to conduct the
investigation
Purpose of PSI Report
To enable the trial court to
determine whether or not the ends
of justice and the best interest of
the public primarily, as well as that
D
of the applicant, would be served
by the grant or denial of the
application
Full Blown Courtesy
Investigation (FBCI)
Courtesy investigation from
another city or provincial Parole
D and Probation Office, which
request for a complete PSI report
on a petition for probation pending
referral investigation in the
probation office of origin
FBCI will take place on the
following circumstances:
1.Transient offender (applicant) in the
place of the commission of the crime and
a permanent resident of another place
D
2.Spent his pre – adolescent or adolescent
in the province or city of origin
3.He attended/finish his education thereat
4.His immediate family members, collateral
informants or disinterested person or
officials who can best authenticate the
inter – family relation and upbringing
behavior of the applicant are residents of
the place of origin.
The court has 5 days from the time the
E court received the PSI report to resolve the
application
·Probation may be granted whether
the sentence is fine only or
imprisonment
E
·Granting/denying probation shall
not be appealable. Except in case
of outright denial by the court that
can be corrected by certiorari (an
order by which a higher court
review a decision of a lower court)
E ·After the grant of probation, it is
now a statutory right and cannot
be revoked without due notice and
hearing
