1. What is probation?

Probation is a system of tutelage under the supervision and control of the

court which has jurisdiction over the convicted defendant, has the record of
his conviction and sentence, the records and reports as to his compliance
with the conditions of his probation, and the aid of the local probation officer,
under whose supervision the defendant is placed." It consists of the
conditional suspension of punishment while the offender is placed under
personal supervision and is given individual guidance or treatment.
Under P.D. 968
"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."
2. What is/are Purpose/s of Probation under Act 4221.
The basic purpose of probation is to provide an individualized program
offering a young or unhardened offender an opportunity to rehabilitate
himself without institutional confinement, under the tutelage of a probation
official and under the continuing power of the court to impose institutional
punishment for his original offense in the event that he abuse such
opportunity, and courts have a wide discretion to accomplish such purpose.
3. What is the origin of Probation Law?
The history of probation started at Boston in 1841 when John Augustus, a
cobbler stood bail for a drunkard. The drunkard, while under Augustus
supervision was taught the art of shoe making and started to show signs of
reform. This prompted Augustus to extend the project. In fact he supervised
close to 2,000 persons during the following years of his life. In the course of
his dealings with the offenders, he developed several features some of
which, as will be seen later, became standard practices of probation.
These features included selectivity of screening, supervision of the activities
of the offenders, use of community resources, the provision of a place for the
offenders' dependents, submission of progress reports to the court, and the
maintenance of the record filing system.1 Augustus' work was carried on by
Rufus R. Cook, Chaplain of the County Jail and Representative of the Boston
Children's Aid Society and Matthew David XIV of Birmingham, England. The
same procedure as developed by Augustus was used. However,
investigations were scanty, probation periods short, and plans of treatment
and supervision were not much in evidence.2
Probation became firmly established during the second half of the 19th
century when in 1878, the State of Massachusetts started the first paid
probation officer for the courts of Criminal Jurisdiction in the City of
Boston.On March 4, 1925, through the efforts of Charles Lionel Chute, the
First Federal Probation Act of the United States was approved.

4. What about the probation in the Philippines?

Act No. 4221, otherwise known as the Philippine Probation Act of 1935 was
enacted to permit the "individualization of punishment," the adjustment of
the penalty to the character of the criminal and the circumstances of his
particular case. It provided a period of grace in order to aid in the
rehabilitation of a penitent offender. It was believed that in many cases,
convicts may be reformed and their development into hardened criminals
aborted. It therefore took advantage of an opportunity for the reformation
and avoidance of imprisonment so long as the convict gave promise of
reform. The welfare of society was its chief end and aim. The benefit to the
individual convict was merely incidental. But while the Philippine Probation
Act of 1935 was commendable as a system, the law was set aside because of
repugnancy to the fundamental law.
5. What are the differences between the old probation law and P.D. 968?
With the promulgation of Presidential Decree No. 968, the discriminatory
effect of Section 11 of the old Probation Law was totally removed.
Section 23 of the new Probation Law expressly and explicitly provides that
"There shall be at least one probation officer in each province and city who
shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules."
6. What is/are the purpose of the Probation Law under P.D. 968?
With the promulgation of Presidential Decree No. 968, the discriminatory
effect of Section 11 of the old Probation Law was totally removed.
Section 23 of the new Probation Law expressly and explicitly provides that
"There shall be at least one probation officer in each province and city who
shall be appointed by the Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service law and rules."
7. What is/are the criteria for Placing an Offender on Probation? And what
are the exceptions?
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. Except;
(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.

8. Who are disqualified offenders?

(a) sentenced to serve a maximum term of imprisonment of more than six

years;
(b) convicted of any offense against the security of the State;
(c) 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;
(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 became applicable pursuant to Section 33 hereof.
9. What are the conditions of probation?
(a) present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within seventytwo hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and
place as specified by said officer.
10. What are the additional conditions as maybe imposed by the court?
(a) 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;
(i) 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.

11. When is the effectivity of the the 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.
12. Can the conditions of the probation be modified?
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.
13. Who has control and supervision over the 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.
14. What would be the 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.
15. Can the probationer be arrested? What about the disposition?
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.
16. When will be the 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.
17. What are the duties of the probation administrator?
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter
may prescribe, concerning the operation, administration and improvement of
the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the probation
process;
(e) recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices established in
this Decree; and
(f) generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.
18. What would be the qualifications of the administrator/assistant
administrator?
To be eligible for Appointment as Administrator or Assistant Probation
Administrator:
a person must be at least thirty-five years of age,
holder of a master's degree or its equivalent in either criminology, social
work, corrections, penology, psychology, sociology, public administration,
law, police science, police administration, or related fields,

and should have at least five years of supervisory experience, or be a

member of the Philippine Bar with at least seven years of supervisory
experience.

19. What are the duties of the provincial and/or city probation officer?
(a) investigate all persons referred to him for investigation by the proper
court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation
aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under
his charge and use all suitable methods to bring about an improvement in
their conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports as
may be required by the Administration or the court having jurisdiction over
the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;
(g) exercise supervision and control over all field assistants, probation aides
and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.
20. What is/are the miscellaneous powers of the provincial or city
probation officer?
Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take
depositions in connection with their duties and functions under this Decree.
They shall also have, with respect to probationers under their care, the
powers of police officer.
21. What are the qualifications of the regional, provincial and city
probation officer?
No person shall be appointed Regional or Assistant Regional or Provincial or
City Probation Officer unless he possesses at least a bachelor's degree with a
major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration, or related fields and has at least
three years of experience in work requiring any of the abovementioned
disciplines, or is a member of the Philippine Bar with at least three years of
supervisory experience.
22. What would be the penalty if the confidential nature of probation is
violated?
The penalty of imprisonment ranging from six months and one day to six
years and a fine ranging from hundred to six thousand pesos shall be
imposed upon any person who violates Section 17 hereof.

23. What are the Essential elements of the P.D. 968 (Probation Law) as
amended?
First, it is a "single or one-time" affair, meaning that a convicted person can
only take advantage of a probation once in his lifetime. If he is convicted
again, such person can no longer avail himself of another probation.
Secondly, our probation system is highly selective. Probation is made
available only to those convicted of certain crimes.
Lastly, persons under probation retain their civil rights, like the right to vote,
or practice one's profession, or exercise parental or marital authority.
24. Distinguish Probation from Parole? Probation from Suspension of
Sentence?
Probation
relates to action taken before prison door is closed, and before final
conviction,
An order placing a defendant on probation is not a final judgment, but is
rather an "interlocutory judgment" in the nature of a conditional order
placing the defendant under the supervision of the court for his reformation,
to be followed by a final judgment of discharge, if the conditions of probation
are complied with, or by a final judgment of sentence if the conditions are
violated.
Parole
Parole is a conditional release from actual confinement under sentence of
imprisonment;
contingent upon future conduct with respect to terms of parole;
and the parolee is subject to future confinement for the unserved portion of
sentence in the event he violates provisions of parole.
parole relates to action taken after the prison door has been closed, and
partakes of the nature of pardon, for it suspends execution of penalty already
imposed
Probation
probation suspends sentence during good behavior.
Suspension of Sentence
A suspension of sentence postpones execution of sentence for a definite time
25. What is/are the concept of probation?
The basic legal conception of probation in the Decree are twofold:
First, as a conditional suspension of the execution of sentence; and

Second, as a personal care or treatment and supervision over the

probationer.
The former denotes that the court assumes a primary role because a grant of
probation is judicially dispensed and controlled.
The latter indicates the administrative aspect of probation through the
supervision of a probation officer and from the point of view of social
workers, a social casework treatment.
26. What are the benefits and advantages of probation?
To society - A crime, though we may call it an anti-social act, is still an act
within society, an act that calls for a social re-action, punitive and remedial
and this is where there emerges the positive factor in the challenge that is
crime. This is where the quality, humaneness and resourcefulness of a
civilization are made manifest.
To the offender - In the absence of any provision for the use of probation as
an alternative to incarceration, a convicted offender would accumulative
suffer the loss not only of family contacts and job, but also, with the mass
treatment in prison, loss of privacy or any privileges requiring exercise of
personal freedom of choice.
To the government - the confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an onerous drain on the
financial resources of the country. Probation is thus a less costly alternative
to the imprisonment of offenders.
27. What are the substantial amendments of P.D. 968 by R. A. 10707?
Sec. 4. Grant of Probation. 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.
The application for probation based on the modified decision shall be filed in
the trial court where the judgment of conviction imposing a nonprobationable 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

The trial court shall, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgment. 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."
Sec. 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 been previously 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 ten thousand (P 10,000.00) pesos.
(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 became applicable pursuant to Section 33 hereof
Sec. 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 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.
Sec. 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, Provincial or City Probation Officers shall have the authority
within their territorial jurisdiction to administer oaths and acknowledgments
and to take depositions in connection with their duties and functions under
this Decree. They shall also have with respect to probationers under their
care, the powers of a police officer. They shall be consideredas persons in
authority."

28. What is the nature of order granting probation?

An order placing defendant on probation is not a sentence but rather in
effect, a suspension of the imposition of sentence. It is not a final judgment
but rather an interlocutory judgment in the nature of a conditional order
placing the convicted defendant under the supervision of the court for his
reformation, to be followed by a final judgment of discharge, if the conditions
of the probation are complied with, or by a final judgment of sentence if the
conditions are violated (Baclayon vs Mutia G.R. No. L-59298, April 30 1984)
29. How long the convict may be placed on probation?
If the convict is sentenced to a term of imprisonment of not more than 1
year, the period of probation shall not exceed 2 years
In all other cases, if he is sentenced to more than one year, said period shall
not exceed six years
When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment, the period of probation shall be twice the total
number of fays of subsidiary imprisonment.
30. Does probation affects the civil liability of the accused?
Probation affects only the criminal aspect of the case. The suspension of the
sentence imposed on the accused who is granted probation has no bearing
on his civil liability. The court must hear the civil aspect.(Budlong v Alipasok
GR No. L-60151, June 24, 1983)