Probation Law of The Philippines
Probation Law of The Philippines
Probation Law of The Philippines
What is Probation? ans.- 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.
Who can apply for Probation? ans. any first time convicted offender who is 18 years old or
above.
Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile
Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the right to
probation as an alternative to imprisonment if qualified under the Probation law.
Where shall an application for Probation be filed? ans. the application shall be filed with the
court that tried and sentenced the offender.
What will happen if the application for Probation is denied? ans. the offender will be sent by
the sentencing court to prison to serve his sentence.
When should an application for Probation be filed? ans. anytime before the offender starts
serving his sentence but within 15 days from the promulgation of notice of judgment of
conviction. Under section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the
court may after it shall have sentenced a child in conflict with the law and upon application at
anytime placed the child on probation in lieu of service of his sentence.
May an offender be released from confinement while his application for Probation is
pending? ans. yes, the applicant may be released under the bail he filed in the criminal case or
under recognizance.
How many times can one be granted Probation? ans. only once.
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 sentenced imposed a a term of imprisonment or
fine only.
3. No application for probation shall be entertained or granted if the defendant has perfected
an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by
the probation officer and a determination by the court.
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no,
the applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the
court may in its discretion, placed the accused under probation even if the sentence
provided under section 11 of the act is higher than that provided under the probation law.
There are two kinds of conditions imposed upon the offender under probation:
1. Mandatory or general – once violated, the
probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
granting probation.
2) To report to his probation officer at least once a
month.
3) not to commit any other offense while on
probation.
2. Discretionary or special – additional conditions
which the court may additionally impose for the
probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive,
as long
as the probationer’s Constitutional rights are not
jeopardized.
What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period
of his indeterminate sentence.
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of
one year or less or to a straight penalty or to a prison sentence without a minimum term of
imprisonment.
Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the
Department of Justice.
When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds
that there is a reasonable probability that if released, the prisoner will be law abiding and that his
release will not be incompatible with the interest and welfare of society and when a prisoner has
already served the minimum penalty of his/her indeterminate sentence of imprisonment.
What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and
recommitted or returned to prison to served the unexpired portion of the maximum period of his
sentence.
What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon
and absolute pardon may be granted by the president upon recommendation of the board.
What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.
What is conditional pardon? ans. it is the conditional exception of a guilty offender for the
punishment imposed by a court.
What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual
to whom it is granted without any condition whatsoever resulting to the full restoration of his
civil rights.
Who may file a petition for conditional pardon? ans. a prisoner who has served at least one
half of the maximum of the original indeterminate and/or definite prison term.
Who may grant commutation of sentence and pardon? ans. the president.
at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or
the aggregate minimum of his determinate and/or prison terms.
at least 10 years for prisoners sentenced to one reclusion perpetua or one life
imprisonment, for crimes/offenses not punishable under RA 7659 and other special law.
at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance
with the provisions of article 70 of the RPC as amended.
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659
committed on or after January 1, 1994 and sentenced to one reclusion perpetua or one life
imprisonment.
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life
imprisonment even if their sentences were adjusted to 40 years in accordance with the
provision of article 70 of the RPC as amended.
at least 20 years for those sentenced to death which was automatically commuted or
reduced to reclusion perpetua.
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if
he had served his maximum sentence or granted final release and discharge or court termination
of probation.
Is a prisoner who is released on parole or conditional pardon with parole conditions placed
under supervision? ans. yes, the prisoner is placed under the supervision of a probation and
parole officer.
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.
Probation officer - one who investigates for the court a referral for probation or supervises a
probationer or both.
The Probation administration shall be headed by the Probation administrator who shall be
appointed by the president of the Philippines.
There shall be an assistant probation administrator who shall assist the administrator
perform such duties as may be assigned to him by the latter and as may be provided by
law.
Regional Probation officer and Assistant regional Probation Officer - appointed by the
president upon the recommendation of the Secretary of Justice.
Provincial and City Probation officer - appointed by the Secretary of justice upon the
recommendation of the administrator and in accordance with civil service law and rules.
when practicable, the provincial or city probation officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.