PROBATION LAW

What is Probation?
Probation is a privilege granted by the court to a
person convicted of a criminal offense to remain in
the community instead of actually going to
prison/jail.
• Generally, the courts do not grant an application for probation
for violation of the Dangerous Drugs Law, because of the
prevalence of the crime.
• Even if the crime is probationable may still deny the benefit of
probation.
PURPOSE
• more enlightened and humane correctional systems that will
promote the reformation of offenders and thereby reduce the
incidence of recidivism
• Confinement of all offenders prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the
financial resources of the country
• Need to provide a less costly alternative to the imprisonment of
offenders who are likely to respond to individualized,
community-based treatment programs
PURPOSE
• promote the correction and rehabilitation of an offender by
providing him with individualized treatment
• provide an opportunity for the reformation of a penitent offender
which might be less probable if he were to serve a prison
sentence
• prevent the commission of offenses
APPLICATION
• It shall apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree numbered
Six Hundred and three and similar laws.

• P.D. No. 603 Child and Youth Welfare Code

• R.A. No. 9344 Juvenile Justice and Welfare Act of 2006
• Section 264 of B.P. Blg. 881 (Omnibus Election Code)*
• R.A. No. 6727 (Wage Rationalization Act, as amended)*
• R.A. No. 9165, The Comprehensive Dangerous Drugs Act of 2002,
except Sections 12, 14, 17, and 70*
DEFINITIONS
• 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 – a person placed on probation
• Probation Officer – one who investigates for the court a referral
for probation or supervises a probationer or both.
CRITERIA
In determining whether an offender may be placed on probation,
the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the
offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense
committed.
DISQUALIFIED OFFENDERS
PD 968:
• sentenced to serve a maximum term of imprisonment of more than
six years
• convicted of any offense against the security of the State
• who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day
and/or a fine of not less than Two Hundred Pesos
• who have been once on probation under the provisions of this
Decree
• who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof
DISQUALIFIED OFFENDERS
RA 10707:
• sentenced to serve a maximum term of imprisonment of more than
six (6) years
• convicted of any crime against the national security (Title III, Book
2 of the Revised Penal Code)
• who have previously been convicted by final judgment of an offense
punished by imprisonment of more than six (6) months and one (1)
day and/or a fine of more than one thousand pesos (P1,000.00)
• who have been once on probation under the provisions of this
Decree
• who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof
THE PROCESS OF PROBATION
GRANT OF PROBATION
PD 968:
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, 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.
Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed
with the trial court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of the
application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
GRANT OF PROBATION
RA 10707:
Subject to the provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the period
for perfecting an appeal, suspend the execution of the sentence and
place the defendant on probation for such period and upon such terms
and conditions as it may deem best. No application for probation
shall be entertained or granted if the defendant has perfected the
appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through
the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision
before such decision becomes final
GRANT OF PROBATION
RA 10707:
The application for probation based on the modified
decision shall be filed in the trial court where the judgment
of conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since
been re-raffled. In a case involving several defendants where
some have taken further appeal, the other defendants may
apply for probation by submitting a written application and
attaching thereto a certified true copy of the judgment of
conviction.
GRANT OF PROBATION
RA 10707:
The trial court shall, upon receipt of the application filed, suspend
the execution of the sentence imposed in the judgment.
This notwithstanding, the accused shall lose the benefit of
probation should he seek a review of the modified decision which
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 application
shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable
INVESTIGATION (SECS. 5-7)
Post-sentence Investigation
No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the
court that the ends of justice and the best interest of the public as
well as that of the defendant will be served thereby
Form of Investigation Report
The investigation report to be submitted by the probation officer
shall be in the form prescribed by the Probation Administrator
and approved by the Secretary of Justice.
INVESTIGATION (SECS. 5-7)
Period for Submission of Investigation Report
The probation officer shall submit to the court the investigation report
on a defendant not later than sixty days from receipt of the order of
said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said report
Pending submission of the investigation report and the resolution of
the petition
The defendant may be allowed on temporary liberty under his bail filed
in the criminal case; Provided, That, in case where no bail was filed or
that the defendant is incapable of filing one, the court may allow the
release of the defendant on recognize the custody of a responsible
member of the community who shall guarantee his appearance
whenever required by the court
CONDITIONS OF PROBATION:
a) Mandatory or general
- once violated, the probation is cancelled
b) Discretionary or special
- conditions which the courts may additionally impose on the
probationer
- Probation statutes are liberal in character and the court may
impose any term it chooses, as long as the probationer‘s
constitutional rights are not violated.
MANDATORY CONDITIONS
Every probation order issued by the court shall contain conditions
requiring that the probationer shall:
• present himself to the probation officer designated to undertake
his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;
• report to the probation officer at least once a month at such time
and place as specified by said officer.
DISCRETIONARY CONDITION
• cooperate with a program of supervision;
• meet his family responsibilities;
• devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
• undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;
• pursue a prescribed secular study or vocational training;
DISCRETIONARY CONDITION
• attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
• refrain from visiting houses of ill-repute;
• abstain from drinking intoxicating beverages to excess;
• permit to probation officer or an authorized social worker to visit his
home and place or work;
• reside at premises approved by it and not to change his residence
without its prior written approval; or
• 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.
EFFECTIVITY OF PROBATION ORDER
• A probation order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences
thereof and explain that upon his failure to comply with any of
the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the
offense under which he was placed on probation.
MODIFICATION OF CONDITION OF
PROBATION
• During the period of probation, the court may, upon application
of either the probationer or the probation officer, revise or
modify the conditions or period of probation. The court shall
notify either the probationer or the probation officer of the filing
such an application so as to give both parties an opportunity to
be heard thereon.
• The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of
probation.
CONTROL AND SUPERVISION OF
PROBATIONER
• The probationer and his probation program shall be under the control
of the court who placed him on probation subject to actual
supervision and visitation by a probation officer.
• Whenever a probationer is permitted to reside in a place under the
jurisdiction of another court, control over him shall be transferred to
the Executive Judge of the Court of First Instance of that place, and
in such a case, a copy of the probation order, the investigation report
and other pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the
probation.
PERIOD OF PROBATIONER
(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.
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 of the conditions of
probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may be
informal and summary, of 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 this provision. If
the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court
shall order the probationer to serve the sentence originally imposed.
An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable
TERMINATION OF PROBATION
PD 968:
• 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.
TERMINATION OF PROBATION
RA 10707:
• 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 suspended as a result of his conviction and to
totally extinguish his criminal liability 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.
PROCEDURE
• File before the trial court an application after he has been sentenced
but before he begins to serve the sentence
• Prosecutor assigned to the court shall be ordered to file his
comments within 10 days from notice
• The court shall order the probation officer to conduct an investigation
of the offender if he is not disqualified
• The probation officer shall submit his investigation report within 60
days from receipt of the court order
• The court shall resolve the application within 15 days from receipt of
the report
• The probationer order shall take effect upon its issuance.
CONFIDENTIALITY OF RECORDS
• The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and
shall not be disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his
attorney to inspect the aforementioned documents or parts
thereof whenever the best interest of the probationer make such
disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of
said documents for its official use from the proper court or the
Administration.
VIOLATION OF CONFIDENTIAL
NATURE OF PROBATION RECORDS
• The penalty of imprisonment ranging from six months and one
day to six years (PC) and a fine ranging from hundred to six
thousand pesos shall be imposed upon any person who violates
Section 17 hereof.
SOME QUESTIONS
QUESTION
May probation be granted if the penalty imposed is fine?
• Yes, but with subsidiary imprisonment
QUESTION
When must a person invoke probation?
• It must be invoked at the earliest instance after conviction
because the moment he perfects an appeal from the judgment
of conviction, he cannot avail of probation anymore.
XPN:
• If the offender would appeal the conviction of the trial court and
the appellate court reduced the penalty to say, less than six
years, that convict can still file an application for probation,
because the earliest opportunity for him to avail of probation
came only after judgment by the appellate court.
QUESTION
Can probation be imposed if the offender was convicted of
several offenses which were tried jointly and one decision was
rendered where multiple sentences imposed several prison terms
as penalty?
• The basis for determining whether the penalty disqualifies the
offender from probation or not is the term of the individual
imprisonment and not the totality of all the prison terms
imposed in the decision. So even if the prison term would sum
up to more than six years, if none of the individual penalties
exceeds six years, the offender is not disqualified by such
penalty from applying for probation
QUESTION
May an accused in a joint trial apply for probation even if the
other co-accused appealed their conviction?
• Yes. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for
probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.
QUESTION
May an offender be released while the application for probation is
pending?
• At the discretion of the court, the probationer may be released:
• On the same bond filed during the trial;
• On a new bond; or
• To the custody of a responsible member of the community (if
probationer is unable to file the bond).
QUESTION
• May a recidivist be given the benefit of Probation Law?
GR: No
 Petition for Probation

Is there a need to apply for probation to avail of its

benefits?

- Yes, it will not be granted except upon the application

by the accused. The necessity for such application is
indicated in Sec. 4, PD 968, which states that “the trial
court may, after it shall have convicted and sentenced a
defendant and upon application by said defendant within
the period of perfecting an appeal….
When can a petitioner file his application for
probation?

- the law says that the application should be made

within the period for perfecting an appeal or within 15
days from the promulgation of notice of judgment.
Is there a form prescribed for the application for
probation?

- Yes, it shall be in the form approved be the Secretary

of justice as recommended by the Administrator or as
may be prescribed by the SC.
Where can we file the application for probation?

-The application for probation be filed directly to the

trial court that heard and sentenced the person
applying for probation.
What then be the duty of the court after receipt of
the application?

- the trial court may notify the concerned prosecuting

officer of the application at a reasonable time before
the scheduled hearing thereof.
Procedures in Applying for Probation:

1. The offender or his counsel files a petition with the

convicting court
2. The court determines convict qualifications and
notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such
application within 10 days from receipt of the
notification
4. If petitioner is qualified, his application is referred
to the probation officer for post-sentence
investigation
5. The post-sentence investigation report (PSIR) is
submitted by the probation officer to the court within
60 days
6. The court grants or denies the petition for
probation within 15 days upon receipt of the PSIR.
 Effects of filing an application for Probation

a) the court may, upon receipt of the application

suspend the execution of sentence imposed in
judgment;
b) pending the submission of the PSIR and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a
new bail, or released on recognizance.
 Disqualifications for Probation

a. Those who were sentenced to more than 6 years

b. Those who were convicted of crimes against the security of the state (Art.
134 to 157 except 135, 140 and 152 of the RPC)
c. Those previously convicted and punished of not less than 1 month and 1
day imprisonment and/or fine of not less than 200 pesos (include those
punished with destierro)
d. Those who were previously granted probation under P.D. 968
e. Those who were already serving their sentence when probation became
applicable
 The Court will not grant Probation if it finds:

a. The offender can be treated better in a mental

institution or other places for correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of the community
When Probation is granted, what conditions are
imposed by the court?
a. The probationer must present himself to his probation
officer within 72 hours
b. Report to his probation officer at least once a month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed by
the court.
If the probationer committed a crime while under
probation, what would be the consequences?
a. The probationer will be arrested for violation of the
condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
How long is the period of probation?

a. Not more than 2 years if the sentence is imprisonment

for 1 year or less
b. Not more than 6 years if t he sentence is
imprisonment for more than 1 year but not more than
6 years.

Note: Probation starts upon issuance of the court

granting probation.
When should probation be denied?

a. The offender is in need of correctional treatment that can

be provided more effectively by his commitment to an
institution
b. There is undue risk that during the period of probation the
offender will commit another crime
c. Probation will depreciate the seriousness of the offense.
The offender may be released pending application
for probation:

a. On the same bond he filed during trial

b. On a new bond
c. To the custody of a responsible member of the
community if unable to file bond
 When can the Court Modify the Conditions for Probation?

a. at any time during supervision

b. after summary hearing when the probationer violated any of its
conditions
c. upon application by the probation officer or the probationer
himself

Note: only the judge who heard and decided the case has the
power to grant, deny, modify, revoke and terminate probation.
OUTSIDE TRAVEL
1. Probation officer authorized the probationer to travel
outside the area of the operation for a period of 10 days but
not exceeding 30 days.
2. If 30 days, Probation must file 5 days before travel a
request to travel outside for the approval of Probation
authorities.
3. If more than 30 days Probation Authorities shall
recommend for Court Approval.
CHANGE OF RESIDENCE
1. The probationer must file a request for change of
residence at the city or provincial Parole and
Probation officer to the court approval.
2. If approved, The RTC which has jurisdiction over
the place shall have full control of the
probationer.
Who is a volunteer probation aide?
- he/she is a civilian of good repute and integrity, at
least 18 years of age, appointed by the Probation
Administration to assists the Pos in investigation and
supervision. A VPA is not entitled to salary but is given
a reasonable travel allowance.
Termination of Probation:
after the probationer has satisfactorily completed
the probation period, the Probation Officer shall
submit termination report to the court containing the
ff:
a. condition of probation
b. program of supervision and response to
treatment
c. recommendation
Two ways of terminating probation:
1. After period of probation with satisfactory compliance
with conditions of probation.
2. Other ways of terminating probation
a. termination before the expiration of the period
(served at least 1/3 of the imposed period but not less
than 6 months)
b. termination by pardon of the probationer (either
absolute or conditional)
c. Deportation of the probationer – when an alien on
probation is deported, probation will necessary be
terminated.

d. Death of probationer.
Rights Restored after Termination of Probation
a. All civil rights suspended when the offended was
convicted and sentenced are restored after the
termination of probation
b. liability to pay a fine is also discharged IN CASE OF
SUBSIDIARY IMPRISONMENT
 Difference of Probation from Imprisonment and Parole:
1. Probation is an alternative to imprisonment. Instead of
being confined in prison, the probationer is released to the
community by the court with conditions to follow and is placed
under the supervision of PO.
2. Parole is a conditional release of a prisoner whereby he is
placed under the supervision of a Parole Officer after
serving his minimum sentence.
3. Probation is a community-based approach to reformation of
offenders, while imprisonment adopts the institutionalized
approach.
4. Probation is handled by the Probation Administration while
parole is administered by the Parole Board
5. Probation is enjoyed only once while parole may be
granted more than once, depending on good behavior during
imprisonment.
6. Probation is more beneficent because it restores full civil
rights to the probationer upon termination unlike parole.
7. Probation is essentially a judicial function (under the control
of the court) while parole is an executive function (under the
Parole Board).