RA 10707 (Probation Law) filed in said case
 IF he is under detention upon motion, he may be allowed
PURPOSE:
a. promote the correction and rehabilitation of an offender
by providing him with individualized treatment;
b. provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to
serve a prison sentence; and
c. prevent the commission of offenses.
 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.
GRANT OF PROBATION –
 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 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.
- Although an order denying probation is not appealable,
THE ACCUSED MAY FILE A MOTION FOR
CERTIORARI FROM SAID ORDER.
PETITION FOR PROBATION
Must be filed:
- directly with the Court which sentenced the accused
- w/in 15 days FROM date of promulgation of the
decision convicting the accused (within the period to
appeal)
Otherwise:
- the judgment shall become final and
- the accused shall be deemed to have waived his right
to probation
EFFECT OF FILING OF PETITION FOR PROBATION:
1) Upon filing, the court shall suspend the execution of
sentence.
2) Filing of a petition for probation shall be deemed a
waiver of the right to appeal
- In case an appeal is already filed, filing such petition
shall be deemed a withdrawal of the appeal.
PRIVILEGES GIVEN TO THE ACCUSED PENDING
RESOLUTION OF THE PETITION FOR PROBATION
 IF the accused, prior to the promulgation of decision of
conviction is out on bail:
- he may be allowed on temporary liberty under his bail
temporary liberty,
 IF he cannot post a bond:
- He shall be released on a recognizance of a
responsible member of a community who shall
guarantee his appearance whenever required by the
court.
 IF he cannot be produced by such custodian on
recognizance:
- Custodian shall be asked to explain why he should not
be cited for contempt
- Summary hearing shall then be held
- If custodian does not produce the accused or does not
explain his failure – he shall be cited in contempt
POST SENTENCE INVESTIGATION REPORT, DEFINED:
 A report of the Parole and Probation Officer after conducting
post sentence investigation and interviews containing the
circumstances surrounding the offense for which the
petitioner was convicted.
 Findings should be drawn FROM:
- court records, police records, statement of the
defendant, aggrieved party or other persons who may
know the accused and all other matters material to the
petition.
 Includes:
- The psychological and social information regarding the
probationer; evaluation of the petitioner; suitability for
probation; his potential for rehabilitation;
 It shall recommend either:
- To deny or grant the probation
- If granted, it shall recommend the program for
supervision and suggested terms or conditions of
probation
CRITERIA FOR PLACING AN OFFENDER 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:
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:
a. sentenced to serve a maximum term of imprisonment
of more than 6 years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final
judgment of an offense punished by imprisonment of
more than 6 months & 1 day and/or a fine of more
than P1,000.00
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.
ADDITIONAL NOTES:
- Those convicted of RA 9156 - Dangerous Drugs Act
of 2002
 - Those convicted of violation of election laws.
- Those entitled to benefits under PD 603 or Child and
Youth Welfare Code and related laws.
- Those who have perfected an appeal (probation and
appeal are mutually exclusive remedies)
“MANDATORY” CONDITIONS OF PROBATION
1. To present himself to the probation officer concerned
for supervision within 72 hours from receipt of said
order and
2. to report to the probation officer at least once a
month during the period of probation.
“OTHER” CONDITIONS OF PROBATION
1. Cooperate with a program of supervision;
2. Meet his family responsibilities;
3. Devote himself to a specific employment and not to
charge said employment without prior written approval
of the probation officer;
4. Comply with a program of payment of civil liability to the
victim of his heirs;
5. Undergo medical, psychological or psychiatric
examination and treatment and/or enter and remain in
a specific institution, when required for that purposes;
6. Pursue a prescribed secular study or vocational
training;
7. Attend or reside in a facility established for instruction
or recreation of persons on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverages to excess;
10. Permit the probation officer or an authorized social
worker to visit his home and place of work;
11. Reside at premises approved by the court and not to
change his residence w/o prior written approval; and
12. Satisfy any other condition related to the rehabilitation
of the probationer and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
13. Plant trees (see circular of the SC)
FAILURE TO COMPLY WITH CONDITIONS OR
COMMISSION OF ANOTHER OFFENSE
- He shall serve the penalty imposed for the offense
under which he was placed on probation. (order for re-
arrest).
- If the violation is established, the court may revoke or
continue his probation and modify the conditions
thereof.
o 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.
RULES ON OUTSIDE TRAVEL OF PROBATIONER
- A probationer who desires to travel outside the
jurisdiction of the city or provincial probation officer,
MUST SEEK THE PERMISSION OF:
 IF for NOT more than 30 days:
- The parole and probation officer
 IF for MORE than 30 days:
- The parole and probation officer + the court
EFFECT OF APPEAL BY THE ACCUSED OF HIS
CONVICTION
 IF the accused appeals his conviction:
1) For the purpose of totally reversing his conviction
OR
2) EVEN if the appeal is only with respect to the penalty
(on the ground that it is excessive or wrong or is
probationable)
 He is deemed to have waived his right to probation.
 If already filed, then it is an abandonment of such petition
for probation.
PERIOD OF PROBATION:
a. The period of probation of a defendant sentenced to a term
of imprisonment of:
- not more than 1 year shall not exceed 2 years, and
- in all other cases (1 year and above), said period
shall not exceed 6 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
more than 2x the total number of days of subsidiary
imprisonment as computed at the rate established, in Art.
39, RPC, as amended
MODIFICATION OF CONDITION OR PERIOD OF
PROBATION
- The court, on motion, OR motu propio may modify the
conditions or the period of probation as circumstances may
warrant
EFFECT OF TERMINATION OF PROBATION
- The final discharge of the probationer shall operate to:
1. restore to him all civil rights lost or suspended as
a result of his conviction and
2. to totally extinguish his criminal liability as to the
offense for which probation was granted.
AMENDMENT TO SECTION 4 OF PD 968
The trial court may:
- after it shall have convicted and sentenced a
defendant, and
- upon application by said defendant w/in the period to
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;
PROVIDED that no application for probation shall be entertained
or granted:
- IF the defendant has perfected the appeal from the judgment
of conviction.
 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.
 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
Note: A person who was sentenced to destierro cannot apply for
probation.
Reason: it does not involved imprisonment or fine. (PD 1990)
CONFIDENTIALITY OF RECORDS OF PROBATION
GR: The investigation report and the supervision and history of
a probationer:
- shall be privileged and
- shall not be disclosed directly or indirectly to anyone
other than the probation administration or the court
 alleged in the informations, even if one was charged of
XPN: Any government office may ask for the records of different crimes by different complainants, committed
probation from the court or the administrator for its official use on separate days is probationable

NOTE: The court which granted the probation or where the  IF each prison term imposed on petitioner was
probation was transferred may allow the probationer or his probationable.
lawyer to inspect such documents, whenever such disclosure
may be desirable or helpful to them. CUT OFF POINT OF PROBATION: MAXIMUM OF 6 YEARS
IMPRISONMENT
VIOLATION OF CONFIDENTIAL NATURE OF PROBATION Reason: Fixing the cut-off point is based on the assumption that
REPORTS (Sec 29, PD 968) those sentenced to higher penalties pose too great a risk to
Penalty: society, not just because of their demonstrated capability for
- imprisonment (6 months and 1 day TO 6 years) and serious wrongdoing but because of the gravity and serious
- fine (hundred to 6K pesos) consequences of the offense they might further commit.

The Probation Law disqualifies:

JURISPRUDENCE
UNDERLYING PHILOSOPHY OF PROBATION
 The underlying philosophy is indeed one of liberality
towards the accused. It is not served by a harsh and
stringent interpretation of the statutory provisions.
 Probation is taken towards the deterrence and minimizing
of crime and the humanization of criminal justice.
 The right of appeal should not be irrevocably lost from the
moment a convicted accused files an application for
probation. Appeal and probation spring from the same
policy considerations of justice, humanity, and compassion.
- Only those who have been convicted of grave felonies
Art. 9
- and not necessarily those who have been convicted of
multiple offenses in a single proceeding
Basis of the disqualification: is principally the gravity of the
offense committed and the concomitant degree of penalty
imposed.
Note: Those sentenced to a maximum term NE 6 yrs are not
generally considered callous, hard core criminals, and thus may
avail of probation

PROBATION IS NOT A RIGHT BUT A PRIVILEGE

 Probation is a mere privilege and its grant rests solely
upon the discretion of the court. This discretion is to be
exercised primarily for the benefit of organized society and
only incidentally for the benefit of the accused.
 Even if a convicted person is not disqualified, the grant of
probation is nevertheless not automatic nor ministerial; a
petition for probation may be denied by the Court.

MAIN CRITERION FOR DETERMINING WHO MAY BE

GRANTED PROBATION
 The main criterion: Based on the penalty imposed and
NOT on the nature of the crime.
- The reason given by a judge for denying a petition for
probation that, "probation will depreciate the
seriousness of the offense committed" would thus be
writing into the law a new ground for disqualifying a
first-offender from the benefits of probation.

WHEN TO FILE A PETITION FOR PROBATION

 Accused must file the petition: w/in the period for appeal.
 IF the decision of conviction has become final and
executory: the accused is barred from filing such petition.

EFFECT OF FILING PETITION FOR PROBATION

1. Filing makes a judgment of conviction final.
- HOWEVER, the judgement is not executory until the
petition for probation is resolved.
2. The filing of such petition is a waiver by the accused of his
right to appeal the judgement of conviction.

MULTIPLE CONVICTIONS IN SEVERAL CASES IS STILL

PROBATIONABLE - IF THE PENALTY FOR EACH
CONVICTION IS PROBATIONABLE
- The law does not intend to sum up the penalties
imposed but to take each penalty, separately and
distinctly with the others.
- Each crime committed on each date of each case, as