CRIMINAL LAW 1

PROBATION LAW OF 1976

(PD 968, AS AMENDED)

CONCEPT
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.

APPLICATION
This shall apply to all offenders except those entitled to benefits under PD 603 and similar
laws.

RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the
execution of the sentence, and place the defendant on probation, upon APPLICATION by the
defendant within the period for perfecting an appeal.

2. Probation may be granted whether the sentence imposed a term of imprisonment or fine
only.

3. NO application for probation shall be entertained or granted if the defendant has

PERFECTED AN APPEAL from the judgment of conviction.

4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL.

5. The application shall be filed with the trial court, and the order granting or denying
probation shall NOT BE APPEALABLE.

6. Accessory penalties are deemed suspended once probation is granted.

POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There shall be a prior investigation by
the probation officer and a determination by the court.

The court shall consider:

1. All information relative to the character, antecedents, environment, mental, and physical
condition of the offender.

2. Available institutional and community resources.

Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas
 CRIMINAL LAW 1

PROBATION SHALL BE DENIED IF THE COURT FINDS THAT:

1. The offender is in need of correctional treatment that can be provided effectively by his
commitment to an institution.

2. There is undue risk of committing another crime.

3. Probation will depreciate the seriousness of the offense committed.

DISQUALIFIED OFFENDERS

THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE:

1. Sentenced to serve a maximum term of imprisonment of more the 6 years.
2. Convicted of subversion or any crime against the national security or the public order.
3. Previously convicted by final judgment of an offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not less than P200.
4. Once placed on probation.

CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general once violated, the probation is cancelled. They are:
a) Probationer: Presents himself to the probation officer designated to undertake his
supervision, at such place as may be specified in the order, within 72 hours from receipt of
order;
b) He reports to the probation officer at least once a month.
2. Discretionary or special additional conditions listed, which the courts may additionally
impose on the probationer towards his correction and rehabilitation outside prison.
HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and
enable the courts to designate practically ANY term it chooses, as long as the probationers
Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of
probationer, and not incompatible with the freedom of conscience of probationer.

PERIOD OF PROBATION

FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION?

1. If the convict is sentenced to a term of imprisonment of NOT more than one
year, the period of probation shall not exceed 2 years.

2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6
years.

3. 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 days of subsidiary
imprisonment.

Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas
 CRIMINAL LAW 1

ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS

1. At any time during probation, the court may issue a warrant for the ARREST of a
probationer for any serious violation of the conditions of probation.

2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his
probation and MODIFY the conditions thereof. This order is not appealable.

3. If revoked, the probationer shall SERVE the sentence originally imposed.

TERMINATION OF PROBATION
The court may order the final discharge of the probationer upon finding that, he has fulfilled
the terms and conditions of his probation.

EFFECTS OF TERMINATION OF PROBATION

1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.

Note that the probation is NOT coterminous with its period. There must be an order
issued by the court discharging the probationer.

Group 3, JD4104
Balanza, Castro, Del Rosario, Maranan, Masa, Ramos, Raymundo, Penaverde, Talanas