Probation Law

PROBATION LAW
MINDANAO FREE LEGAL AID CLINIC
PROBATION LAW of 1976 (PD 968, as amended

by PD 1990 and PD 1257)
Probation is a disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
Probationer means a person placed on probation.
Probation Officer means one who investigates for the
court a referral for probation or supervises a
probationer or both.
Section 4. Grant of Probation

Subject to the provisions of this Decree, the court may,
after it shall have convicted and sentenced a defendant and

upon application at any time of said defendant within the
period for perfecting an appeal, suspend the execution of
said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem
best. Provided, That no application for probation shall be
entertained or granted if the defendant has perfected an
appeal from the judgment of conviction. Probation may be
granted whether the sentence imposes a term of
imprisonment or a fine only.
An order granting or denying probation shall not be
appealable. (As amended by PD 1990.) . An application for
probation shall be filed with the trial court. The filing of the
application shall be deemed a waver of the right to appeal,
or the automatic withdrawal of a pending appeal.
Probation is a privilege, not a right. It can be granted only
if the accused deserves it. If granted, the accused will be

convicted but released. He will then comply with
mandatory and discretionary conditions imposed by the
court and be placed under the supervision of a probation
officer. The discretionary conditions depend on the
court's assessment of the accused but they must be
constructive, consistent with his conscience, not as
burdensome as the original penalty of the crime and must
not unreasonably restrict his liberty. Note: must
not unreasonably restrict his liberty. A penalty is always
a restriction of liberty but restrictions must be
reasonable and proportionate to the offense.
Objective of Probation Law:

The Probation Law has objectives similar to the
Indeterminate Sentence Law:
1.) Rehabilitation and correction of the accused through
individualized treatment
2.) To give better chances for a repentant criminal to
reform
3.) Prevent further commission of crimes as he is placed
under the probation officer's supervision
4.) Decongest the jails
5.) Save the government from spending money for
maintaining the accused in prison
. The mandatory conditions are:

1.) To report to the probation officer within 72 hours
from the time the order was received; and

2.) To regularly report to the probation officer at
least once a month or sooner as may seem fit.
The court may also require the probationer to:

cooperate with a program of supervision
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer
(d) undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
permit to probation officer or an authorized social worker to visit his home and
place or work;
(j) reside at premises approved by it and not to change his residence without its prior
written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
(a)
Probation may be granted whether the penalty is
imprisonment or a fine only. For imprisonment, the

penalty should be 6 years or less. Probation will be
denied in any of the following circumstances:1.) The
accused needs correctional treatment that can best
be provided if he is committed to an institution2.)
There is an undue risk that he will commit another
crime during the probation period.3.) Probation will
depreciate the seriousness of the offense committed..
Disqualified for Probation Law

1.) The prison term exceeds 6 years (even if by just 1 day)
2.) Those convicted of subversion
3.) Those convicted of the following crimes against
national security:
a.) Treason
b.) Conspiracy and proposal to commit treason
c.) Misprision of Treason
d.) Espionage
e.) Inciting to war and giving motives to reprisal
f.) Violation of neutrality
g.) Correspondence with hostile country
h.) Flight to enemy countryi.) Piracy and mutiny (piracy
is an international crime and can be tried by any
country in the world.)
Disqualification
4.) Those convicted of the following crimes against public order
:a.) Rebellion, insurrection, coup, sedition
b.) Illegal assemblies and associations
c.) Direct/indirect assault, resistance an disobedienced.) Public disorders
(tumults, alarms and scandals)e.) Delivery of prisoners from jail
f.) Evasion of service of sentenceg.) Quasi-recidivism
5.) Those who were previously convicted of a crime punishable by at least 1
month and 1 day and/or a fine of at least Php200.006.)
6.)Those who were once recipients of probation (probation can be granted
to a person only once.)
7.) Those who were already serving sentence when the Probation Law took
effect (Martial Law years)
8.) Those enjoying the benefits of PD 603 (the Child and Youth Welfare
Code) and similar laws
9.) Those who perfected an appeal (probation and appeal are mutually
exclusive remedies; you can't use both at the same time.)
Regarding those suffering several prison terms,

multiple terms are distinct from each other. However, if
the total number of prison terms doesn't exceed 6
years, the accused is entitled to probation. The
application for probation must also be file during the
period for perfecting an appeal. Take note: conviction
becomes final if the accused applies for probation. If
granted, the accused's sentence is suspended but still
stands. If he violates his probation, he can be arrested
and brought to court for an informal summary hearing
(but can post bail while the hearing is going on as well.)
If the violation is proven, the court may or may not
revoke the probation. If probation is revoked the
accused will serve full sentence. The revocation order is
not appealable.
Section 14. Period of Probation

(a) The period of probation of a defendant
sentenced to a term of imprisonment of not more

than one year shall not exceed two years, and in
all other cases, said period shall not exceed six
years.
(b) When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment in case of insolvency, the period
of probation shall not be less than nor to be
more than twice the total number of days of
subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the
Revised Penal Code, as amended.
Section 15. Arrest of Probationer;

Subsequent Disposition. At any time during
probation, the court may issue a warrant for the

arrest of a probationer for violation of any
serious violation of the conditions of probation.
The probationer, once arrested and detained,
shall immediately be brought before the court
for a hearing for the violation charged. The
defendant may be admitted to bail pending such
hearing. In such a case, the provisions
regarding release on bail of persons charged
with a crime shall be applicable to probationers
arrested under these provisions.
If the probation prisoner complies with his

requirements throughout the period of
probation the court will give him a final
discharge. The probationer 's civil rights will
then be fully restored and his penalties and
fines will be discharged.
Section 16. Termination of Probation.

After the period of probation and upon
consideration of the report and recommendation

of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspend 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.
The probationer and the probation officer shall
each be furnished with a copy of such order.
Reclusion Perpetua
is a particular kind of sentence of
imprisonment in the Philippines, Argentina,

and several other countries.
In the Philippines, it is one of two sentences,
the other being life imprisonment, designed
to replace the death penalty and is, in legal
parlance, almost synonymous with life
imprisonment.
Distinction with Life Imprisonment

Reclusion perpetua is prescribed on crimes punishable by the Revised Penal
Code, while life imprisonment is imposed on offenses punishable by Special

Laws.
Reclusion perpetua carries accessory penalty, life imprisonment does not.

Reclusion perpetua entails a minimum imprisonment of 30 years after which a
convict becomes eligible for pardon, but the maximum period for
imprisonment may not exceed 40 years.
It also carries with it accessory penalties, namely: perpetual special disqualification, etc. It is
not the same as life imprisonment which, for one thing, does not carry with it any accessory
penalty, and for another, does not appear to have any definite extent or duration. Ex. T hose
serving a reclusion perpetua sentence can never become eligible to run for public office,
while those serving life imprisonment are allowed to do so.
Life imprisonment, however, does not have any definite extent or duration of
imprisonment. Unlike life imprisonment, reclusion perpetua is an indivisible

penalty and has no minimum, medium or maximum periods. It is imposed in
its entirety regardless of any attendant aggravating or mitigating circumstances
Rights of the Accused in the Phil Constitution
Sec. 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws. [...]
Sec. 12. (1) Any person under investigation for the commission of
an offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms
of detention are prohibited.
(3) Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their
families. [...]
Sec. 14. (1) No person shall be held to answer for a criminal

offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.
Sec. 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public
safety requires it. [...]
Sec. 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion
perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law. [...]
Sec. 21. No person shall be twice put in jeopardy of punishment
for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
Sec. 22. No ex post facto law or bill of attainder shall be enacted.

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PROBATION LAW

MINDANAO FREE LEGAL AID CLINIC

PROBATION LAW of 1976 (PD 968, as amended

Section 4. Grant of Probation

after it shall have convicted and sentenced a defendant and

Probation is a privilege, not a right. It can be granted only

if the accused deserves it. If granted, the accused will be

Objective of Probation Law:

. The mandatory conditions are:

from the time the order was received; and

The court may also require the probationer to:

Probation may be granted whether the penalty is

imprisonment or a fine only. For imprisonment, the

Disqualified for Probation Law

Regarding those suffering several prison terms,

Section 14. Period of Probation

sentenced to a term of imprisonment of not more

Section 15. Arrest of Probationer;

probation, the court may issue a warrant for the

If the probation prisoner complies with his

Section 16. Termination of Probation.

consideration of the report and recommendation

imprisonment in the Philippines, Argentina,

Distinction with Life Imprisonment

Code, while life imprisonment is imposed on offenses punishable by Special

Reclusion perpetua carries accessory penalty, life imprisonment does not.

imprisonment. Unlike life imprisonment, reclusion perpetua is an indivisible

Rights of the Accused in the Phil Constitution

Sec. 1. No person shall be deprived of life, liberty, or property

Sec. 14. (1) No person shall be held to answer for a criminal

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