PROBATION LAW IN THE PHILIPPINES
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.
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 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
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 institution
2.) There is an undue risk that he will commit another crime
during the probation period.
3.) Probation will make the offense not look serious.
Regarding #3, there is a case where an accused's application for
probation was denied because she didn't comply with the court's
orders in 54 counts of BP 22 violations and instead executed a
simulated (fake) deed of sale (Santos vs CA, GR127899, December
2, 1999.)
There are also disqualifications. These are:
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 country
i.) Piracy and mutiny (piracy is an international crime and can be
tried by any country in the world.)
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 disobedience
d.) Public disorders (tumults, alarms and scandals)
e.) Delivery of prisoners from jail
f.) Evasion of service of sentence
g.) 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 Php200.00
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.
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.
Duration of Probation
1.) Imprisonment of not more than 1 year: maximum probation of
2 years
2.) 1 to 6 years imprisonment: maximum of 6 years
3.) Fine with subsidiary imprisonment: twice the period
computed in Art. 39 of the Revised Penal Code