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 Probation Law of the Philippines PD 968

 Child behavior problems


 Probation Officer
 Probation Law
                                              
What is Parole? ans. it is the release of a prisoner
What is Probation? ans.- is a disposition under which from prison after serving the minimum period of his
a defendant after conviction and sentence is released indeterminate sentence.
subject to conditions imposed by the court and to the
supervision of a probation officer. Who can not be granted parole? ans. generally,
those sentenced to a term of imprisonment of one year
Who can apply for Probation? ans. any first time or less or to a straight penalty or to a prison sentence 
convicted offender who is 18 years old or above. without a minimum term of imprisonment.

Is probation a right? ans. no, it is a mere privilege Who may grant parole to a prisoner? ans. the
for adult offenders. Under RA 9344 (Juvenile Justice board of pardon and parole, an agency under the
and Welfare Act of 2006) a child in conflict with the law Department of Justice.
(CICL) is granted the right to probation as an
alternative to imprisonment if qualified under the When may a prisoner be granted parole? ans.
Probation law. whenever the board of pardon and parole finds that
there is a reasonable probability that if released, the
Where shall an application for Probation be filed? prisoner will be law abiding and that his release will not
ans. the application shall be filed with the court that be incompatible with the interest and welfare of society
tried and sentenced the offender. and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of
What will happen if the application for Probation imprisonment.
is denied? ans. the offender will be sent by the
sentencing court to prison to serve his sentence. What happens if a parolee violates the conditions
of his parole? ans. he shall be rearrested and
When should an application for Probation be recommitted or returned to prison to served the
filed? ans. anytime before the offender starts serving unexpired portion of the maximum period of his
his sentence but within 15 days from the promulgation sentence.
of notice of judgment of conviction. Under section 42 of
RA 9344, The Juvenile Justice and Welfare Act of 2006, What is executive clemency? ans. it refers to the
the court may after it shall have  sentenced a child in commutation of sentence, conditional pardon and
conflict with the law and upon application at anytime absolute pardon may be granted by the president upon
placed the child on probation in lieu of service of his recommendation of the board.
sentence.
What is commutation of sentence? ans.  it is the
May an offender be released from confinement reduction of the period of a prison sentence.
while his application for Probation is pending?
ans. yes, the applicant may be released under the bail What is conditional pardon? ans. it is the
he filed in the criminal case or under recognizance. conditional exception of a guilty offender for the
punishment imposed by a court.
How many times can one be granted Probation?
ans. only once. What is absolute pardon? ans. it is the total
extinction of the criminal liability of the individual to
RULES ON GRANT OF PROBATION whom it is granted without any condition whatsoever
1. After having convicted and sentenced a resulting to the full restoration of  his civil rights.
defendant, the trial court may suspend the execution of
the sentence and place the defendant on probation, Who may file a petition for conditional pardon?
upon application by the defendant within the period for ans. a prisoner who has served at least one half of the
perfecting an appeal. maximum of the original indeterminate and/or definite
prison term.
2. Probation may be granted whether the
sentenced imposed a a term of imprisonment or fine
Who may grant commutation of sentence and
only.
pardon? ans. the president.
3. No application for probation shall be
entertained or granted if the defendant has perfected Who may file a petition for commutation of
an appeal. sentence?
4. Filing of application for probation operate as a ans.  the board may review the petition of a prisoner
waiver of the right to appeal. for commutation of sentence if he/she meets the
5. The order granting or denying probation shall following minimum requirement:
not be appealable.   at least 1/2 ( one half) of the minimum of his
6. Accessory penalties are deemed suspended indeterminate and/or definite prison term or the
once probation is granted. aggregate minimum of his determinate and/or prison
7. The convict is not immediately put on terms.
probation. There shall be a prior investigation by the  at least 10 years for prisoners sentenced to
probation officer and a determination by the court. one reclusion perpetua or one life imprisonment, for
  crimes/offenses not punishable under RA 7659 and
Will Probation be automatically granted to one other special law.
whose sentence is 6 years or less? ans. no, the  at least 12 years for prisoners whose
applicant may be denied by the court if: sentences were adjusted to 40 years in accordance with
1. The offender would be better rehabilitated if he/ the provisions of article 70 of the RPC as amended.
    she is sent to prison to serve his/her sentence.  at least 15 years for prisoners convicted of
2. There is undue risk that the offender will likely heinous crimes as defined in RA 7659 committed on or
    commit another crime. after January 1, 1994 and sentenced to one reclusion
3. Probation will depreciate the seriousness of the perpetua or one life imprisonment.
    offense committed.
 at least 17 years for prisoners sentenced to 2
  Under section 70 of RA 9165, the or more reclusion perpetua of life imprisonment even if
Comprehensive Dangerous Drugs Act of 2002, the court their sentences were adjusted to 40 years in
may in its discretion, placed the accused under accordance  with the provision of article  70 of the RPC
probation even if the sentence provided under section as amended.
11 of the act is higher than that provided under the
probation law.  at least 20 years for those sentenced to death
which was automatically commuted or reduced to
What will happen if a probationer violates the reclusion perpetua.
conditions of probation? ans. Who may file a petition for absolute pardon? ans.
1. The court may modify the conditions of probation one may file a petition for absolute pardon if he had
    or revoke the same. served his maximum sentence or granted final release
2. If the violation is serious, the court may order the and discharge or court termination of probation.
    probationer  to serve his prison sentence.
3. The probationer may also be arrested and criminally Is a prisoner who is released on parole or
    prosecuted if the violation is a criminal offense. conditional pardon with parole conditions placed
under supervision? ans. yes, the prisoner is placed
   The court order  shall not be subject to under the supervision of a probation and parole officer.
appeal.
 Probation is not coterminous with its period. PD 968 - Probation law of 1976 - this is the title of the
There must be an order issued decree/law. It took effect July 24, 1976.
 by the court discharging the probationer. Upon 
 finding that he has fulfilled  the terms and conditions of Purpose of the law
his probation, the court may order the final discharge of 1. promote the correction and rehabilitation of
the probationer. an offender by providing him with individualized
This shall have the following effects: treatment.
       a. case is deemed terminated. 2. provide an opportunity for the reformation of
       b. all civil rights suspended or lost are a penitent offender which might be less probable if he
            restored.           were to serve a prison sentence.
                 c. offender's liability for any fine imposed is
3. prevent the commission of offenses.
                     discharged.
Probationer - a person placed on probation.
Who are disqualified from the benefits of
probation: ans.                                                        
Probation officer - one who investigates for the court
1. Those sentenced to serve a prison term of more
a referral for probation or supervises a probationer or
     6 years.
both.
2. Those convicted of any crime against the national
    or the public order.
3. Those previously convicted of an offense which is   The Probation administration shall be headed
    punished by imprisonment of not less that one by the Probation administrator who shall be appointed
    month and one day imprisonment and/or a fine of by the president of the Philippines.
    not less than P200.  There shall be an assistant probation
4. Those who have been  placed on probation once. administrator who shall assist the administrator perform
5. Those serving sentence. such duties as may be assigned to him by the latter and
6. Those whose conviction is on appeal. as may be provided by law.
7. Those convicted of an offense against the omnibus
    election code, insurgency law, wage rationalization Qualifications of the Administrator and Assistant
    act. Probation Administrator.
1.  at least 35 years of age
There are two kinds of conditions imposed upon 2. holder of a masters degree or its equivalent in
the offender under  probation: either criminology, social work, corrections, penology,
  psychology, sociology, public administration, law, police
1. Mandatory or general – once violated, the  science, police administration or related field.
    probation is cancelled.
3. at least 5 years of supervisory experience or
      1) To report to the probation officer within 72
be a member of the Philippine bar with at least 7 years
           hours after he receives the order of the court
of supervisory experience. 
           granting probation.
      2) To report to his probation officer at least once a
Regional Probation officer and Assistant regional
           month.
Probation Officer - appointed by the president upon
      3) not to commit any other offense while on
the recommendation of the Secretary of Justice.
          probation.
     
Provincial and City Probation officer - appointed by
2. Discretionary or special – additional conditions  
the Secretary of justice upon the recommendation of
    which the court may additionally impose for the
the administrator and in accordance with civil service
    probationer’s correction and rehabilitation outside     
law and rules.
prison. The enumeration is not exclusive, as long 
    as the probationer’s Constitutional rights are not  
Qualifications of Regional, Assistant Regional,
    jeopardized.
Provincial and City Probation officers.
     
1. Bachelors degree with a major in social work,
How long is the period of probation? ans. sociology, psychology, criminology, penology,
1. not more than 2 years if the sentence of the corrections, police science, administration or related
    offender is 1 year or less. fields.
2. not more than 6 years if the sentence is more than 2. at least 3 years in work requiring any of the
    one year. above mentioned disciplines or is a member of the
3. When the penalty is a fine only and the offender    Philippine bar with at least 3 years of supervisory
    is made to serve subsidiary imprisonment, probation experience.
    shall be twice the total number of days of subsidiary  when practicable, the provincial or city
    imprisonment probation officer shall be appointed from among
qualified residents of the province or city where he will
be assigned to work.
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