PROBATION LAW

PD NO. 968, AS AMENDED BY PD NO. 1257, AND AS

FURTHER AMENDED BY BP BLG. 76, PD NO. 1990,
AND RA 10707
 Definition of Terms [Sec. 3, P.D. 986]
1. Probation – 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.
2. Probationer – person placed on probation
3. Probation officer – one who investigates for the court a referral for probation or supervises a probationer or
both.
 Nature
Probation Law is not a penal statute. Courts have no authority to invoke a liberal interpretation of it in this case as
its words leave no room for doubt or interpretation.
 Probation is not a right but a privilege subject to the discretion of the court. The discretion is exercised primarily
for the benefit of society as a whole and only secondarily for the personal advantage of the accused. [Amandy
v. People, G.R. No. L-76258 (1988)]
 Purpose of Probation Law
1. Promote the correction and rehabilitation of an offender by providing him/her with individualized treatment;
2. Provide an opportunity for the reformation of a penitent offender, which might be less probable if he/she were
to serve prison sentence; and
3. Prevent the commission of offenses.
 Disqualified Offenders
1. Those sentenced to serve a maximum term of more than six (6) years. [Sec. 9(a),
P.D. 968]
2. Crimes against national security convicts [Sec. 9(b), P.D. 968]
3. Those previously convicted by final judgement of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or fine of more than
one thousand pesos (P1,000.00) [Sec. 9(c), P.D. 968]
4. Those who have been once on probation under this Decree [Sec. 9(d), P.D. 968]
5. Those who are already serving sentence at the time the substance provisions of
this Decree became applicable pursuant to Section 33 hereof [Sec. 9(e), P.D. 968]
6. Drug trafficker and pushers, regardless of penalty imposed by court, cannot avail of
Probation Law privileges, as amended by the Comprehensive Dangerous Drugs Act of
2002. [Sec. 24. R.A. 9165]
b. Grant, Manner and Conditions [Sec. 4, R.A. 10707]
1. Application for Probation – defendant must file an application for probation within the period for appeal.
 Effect of filing of application – deemed as waiver of the right to appeal.
2. Application shall not be entertained or granted – if defendant has perfected the appeal from the judgment of
conviction.
Exception: When a judgment of conviction imposing a non-probationable penalty is appealed/reviewed and
modified to a probationable penalty, the defendant shall be allowed to apply for probation based on the modified
decision before it becomes final.
Note: Accused shall lose the benefit of probation should he seek a review of the modified decision which already
imposes a probationable penalty.
3. Filing of application based on modified decision – application shall be filed in the trial court where the
judgment imposing a non-probationable penalty was rendered or where such case has been re-raffled.
4. If several defendants have taken further appeal –other defendants may apply for probation by submitting a
written application and attaching thereto a certified true copy of the judgment of conviction.
c. Grant of Probation
Discretion of the Court
 Even if a convicted person falls within the classes of those qualified for probation, the grant of probation is not
automatic or ministerial. [Amandy vs. People, G.R. No. L- 76258 (1988), as cited in REYES, Book 1]
 An order placing defendant on "probation" is not a "sentence" but is rather in effect, a suspension of the
imposition of sentence. It is not a final judgment but is rather an "interlocutory judgment." [Baclayon v. Mutia,
G.R. No. L-59298 (1984) as cited in REYES, Book 1]
 Criteria for Grant of Probation [Sec. 8, P.D. 968]
The following should be considered in deciding to place an offender under probation:
1. Available institutional and community resources
2. Mental condition of the offender
3. Character,
4. Antecedent,
5. Environment,
6. Physical condition of the offender
 Reasons for Denying Probation [Sec. 8, P.D. 968]
1. The offender is in need of correctional treatment best provided thru commitment to an institution
2. There is undue risk that the offender will commit another offense during the probation period
3. Probation will depreciate the seriousness of the offense committed
 Effects of Grant of Probation
1. The execution of sentence shall be suspended for such period and upon such terms and conditions as the trial
court may deem best [Sec. 4, P.D. 968]
2. Probation does not extinguish civil liability, as it only affects the criminal aspect of the case. [Budlong v.
Apalisok, G.R. No. L- 60151 (1983) as cited in REYES, Book 1]
3. Accessory penalties are deemed suspended [Baclayon vs. Mutia, G.R. No. L- 59298 (1984), cited in REYES,
Book 1]
NOTE: An order granting or denying probation shall not be appealable [Sec. 4 P.D. 968]
 Conditions of Probation [Sec. 10, P.D. 968]
1. Mandatory Conditions. Probation orders shall contain conditions requiring probationer to:
a. Present himself to his supervising probation officer at the place specified in the order within 72 hours from
receipt of said order; and
b. Report to the probation officer at least once a month at the time and place specified by said officer.
2. Discretionary Conditions. The two conditions above are mandatory conditions; the rest in sec. 10 are
discretionary conditions (e.g. cooperate with a program of supervision; meet his family responsibilities; or devote
himself to a specific employment). Moreover, the conditions enumerated under Sec. 10 are not exhaustive. The
courts are allowed to impose practically any term it chooses, the only limitation being that it does not jeopardize
the constitutional rights of the accused. [Salgado v. CA, et al., G.R. No. 89606 (1990)]
 Period of Probation [Sec. 14, P.D. 968]
SCENARIO DURATIO
WhenDuratio
Scenario sentenced to imprisonment of not more than Probation shall not exceed 2 years
1 year
When sentenced to more than 1 year Shall not exceed 6 years

When sentenced to a fine and made to suffer Shall be twice the total days of subsidiary
subsidiary imprisonment imprisonment

d. Violation of Probation Order

Upon the failure of the probationer to comply with any of the conditions prescribed in the order, or upon his
commission of another offense, he shall serve the penalty imposed for the offense under which he was placed
on probation [REYES, Book 1].

Arrest [Sec. 15, P.D 968]

At any time during the probation, the court may issue a warrant to arrest the probationer for violation of the
conditions of the probation. Once arrested and detained, probationer shall be brought to court for a hearing of
the violation charged. The defendant may be admitted to bail pending such hearing.
Additionally, it must be noted that:
1. The violation of the conditions of probation must be serious to justify the issuance of a warrant of arrest.
2. Defendant may be admitted to bail pending hearing.
● Hearing is summary in nature, but the probationer shall have the right to be informed of the violation charged and to
adduce evidence in his favor.
3. Court is not bound by the technical rules of evidence.
4. If the violation is established, the court may revoke or continue his probation and modify the conditions.
5. If revoked, the court shall order the probationer to serve the sentence originally imposed.
6. The order revoking the grant of probation or modifying the term and conditions thereof is not appealable. [REYES,
Book 1]
e. Termination of Probation
Order of Final Discharge [Sec. 16, R.A. 10707]
An order of final discharge of the probationer shall be issued by the Court:
1. After the period of probation; and
2. Upon consideration of the report and recommendation of the probation officer, upon finding that probationer fulfilled the
terms and conditions of his probation
NOTE: The probationer and the probation officer shall each be furnished with a copy of such order.
 Effect of Final Discharge [Sec. 16, R.A. 10707]
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. Totally extinguish his criminal liability as to the offense for which probation was granted.
 Termination of Period, not the same as Expiration of Probation Period
The expiration of the probation period alone does not automatically terminate probation; probation is not
coterminous with its period. There must first be an order of final discharge issued by the court, based on the report
and recommendation of the probation officer. [Bala v. Martinez, G.R. No. 67301 (1990)]
 PROBATION
Probation is a disposition under which
DEFINITION a defendant, after conviction and
sentence, is released subject to
conditions imposed by the court and to
the supervision of a probation officer.
[REYES, Book 1]
WHETHER CRIME IS Does not obliterate the crime of which Does not obliterate the crime; it only abolishes
OBLITERATED the person under probation has been
convicted.
GRANTING AUTHORITY By the court
EFFECT ON ACCESSORY Accessory penalties are deemed
PENALTIES suspended once probation is granted.
[Baclayon v. Mutia, No. L-59298 (1984)
as cited in REYES, Book 1]
PARDON
It is an act of grace proceeding from the
power entrusted with the execution of the laws
which exempts the individual on whom it is
bestowed from the punishment the law inflicts
for the crime he has committed. May either be:
(a) Absolute pardon (b) Conditional Pardon
the punishment. Pardon looks forward and
relieves the offender from the consequences of a
convicted offense, that is, it abolishes or forgives
the punishment.
By the Chief Executive
A pardon shall not work the restoration of the
right to hold public office, or the right of
suffrage, unless such rights be expressly restored
by the terms of the pardon. A pardon shall in no
case exempt the culprit from the payment of the
civil indemnity imposed upon him by the
sentence. [Art. 36, RPC]