Probation Law of the Philippines PD 968
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.
RULES ON GRANT OF PROBATION
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
What will happen if a probationer violates the conditions of probation? ans.
1. The court may modify the conditions of probation
or revoke the same.
2. If the violation is serious, the court may order the
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.
Who are disqualified from the benefits of probation: ans.
1. Those sentenced to serve a prison term of more 6 years.
2. Those convicted of any crime against the national
or the public order.
3. Those previously convicted of an offense which is
punished by imprisonment of not less that one
month and one day imprisonment and/or a fine of
not less than P200.
4. Those who have been placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus
election code, insurgency law, wage rationalization
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
2) To report to his probation officer at least once a
3) not to commit any other offense while on
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
How long is the period of probation? ans.
1. not more than 2 years if the sentence of the
offender is 1 year or less.
2. not more than 6 years if the sentence is more than
3. When the penalty is a fine only and the offender
is made to serve subsidiary imprisonment, probation
shall be twice the total number of days of subsidiary
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.
Who may file a petition for commutation of sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:
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.
Purpose of the law
Probationer - a person placed on probation.
Probation officer - one who investigates for the court a referral for probation or supervises a probationer or both.
Qualifications of the Administrator and Assistant Probation Administrator.
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.
Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.