ANALYTICAL COMPARISON OF THE BENEFITS OF REPUBLIC ACT NO.

11632
AND PRESIDENTIAL DECREE NO. 968.

P.D. No. 968 (PROBATION LAW) R.A. No. 11362 (COMMUNITY SERVICE ACT)

Probation is a mere privilege and its grant Community service is a mere privilege and its
rests solely upon the discretion of the court. grant rests upon the discretion of the court.
Its grant is not automatic or ministerial. Its grant is not automatic or ministerial.

As a general rule, only those whose penalty
does not exceed six years of imprisonment are
qualified for probation, without regard to the
nature of the crime. Except, first time minor
offenders under RA 9165 and violation of the
Revised Election Code.
Community service, on the other hand,
applies to those offenses punishable by
arresto menor (one day to 30 days) and
arresto mayor (one month and one day to six
months).

When granted, the defendant shall be When granted, the defendant shall be
monitored under the supervision of the monitored under the supervision of the
probation officer. probation officer.

Probation may be availed of only, after the Community service is a privilege which the
court shall have convicted and sentenced the court, in its discretion, may require in lieu of
defendant, by filing a petition for probation service in jail.
within the period for perfecting an appeal.

Probation may be granted whether the Community service may be granted in lieu of
sentence imposes a term of imprisonment or service in jail or in lieu of a fine when the
a fine only. defendant is found to be insolvent.
In determining whether an offender may be
placed 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. (Sec.8)
a. The period of probation of the
defendant sentenced to a term of
imprisonment of not more than one
year shall not exceed two years, and in
all other cases, said period shall not
exceed six years.
b. When the sentence imposes a fine
only, the period of probation shall not
be less than nor to be more than twice
the total number of days of subsidiary
imprisonment as computed at the rate
established. (Sec. 14)
The court may, at any time during probation,
issue a warrant for the arrest of a probationer
for violation of any of the conditions of
probation and once established, the may
revoke or continue his probation and modify
the conditions thereof. If revoked, the court
shall order the probationer to serve the
sentence originally imposed. (Sec 15)
After the period of probation and upon
consideration of the report and
recommendation of the probation officer, the
court may order the final discharge of the
probationer upon finding that he has fulfilled
the terms and conditions of his probation and
thereupon the case is deemed terminated.
(Sec.16)
The court in its discretion may, in lieu of
service in jail, require that the penalties of
arresto menor and arresto mayor be served
by the defendant by rendering community
service in the place where the crime was
committed, under such terms as the court
shall determine, taking into consideration the
gravity of the offense and the circumstances
of the case. (Sec. 3)
An order prepared by the court imposing the
community service shall specify the hours to
be worked and the period within which to
complete the service. (Sec.3)
If the defendant violates the terms of the
community service, the court shall order
his/her re-arrest and the defendant shall serve
the full term of the penalty, as the case may
be, in jail, or in the house of the defendant as
provided under Article 88 of the RPC. (Sec.3)
If the defendant has fully complied with the
terms of the community service, the court
shall order the release of the defendant unless
detained for some other offense. (Sec.3)