CA 102 (NON- INSTITUTIONAL CORRECTIONS)

NAME: JOMARIE ESTOR BSC 2A

DATE: FEBRUARY 02, 2023

 What are the procedures in applying for probation?

A guilty defendant must apply for probation and, if granted, must comply with
the court's requirements and the probation officer's supervision; otherwise, the
offender must serve the original sentence.
If an appeal has been taken from the sentence of conviction, an application
for probation must be filed with the trial court, together with notice to the
appellate court. The filing of the application constitutes a waiver of the right to
appeal or an automatic withdrawal of a pending appeal.

 What are the effects of filing an application for probation?

One of the effects of the filing of an application for probation and the grant of
an application for probation is the suspension of sen/ice of sentence or
suspension of execution of sentence, xxx During the resolution of the
application for probation, and upon Its grant, the trial court cannot
Implement the judgment of conviction.
As to probationers who were finally discharged by courts, they can no
longer be required to suffer or pay any of the principal (Imprisonment
and/or fine) and accessory penalties because probation Is now a mode of
extinguishing criminal liability.

Pending the submission of the PSIR and the resolution on the application, the
applicant may be allowed on temporary liberty under his bail, on a new bail, or
released on recognizance.
 What are the disqualification for probation application?

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby

further amended to read as follows:
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial
court may, after it shall have convicted and sentenced a defendant for a
probationable penalty and upon application by said defendant within the period
for perfecting an appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and conditions as it
may deem best. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction: Provided,
That when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to apply for probation
based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been re-raffled. In a
case involving several defendants where some have taken further appeal, the
other defendants may apply for probation by submitting a written application and
attaching thereto a certified true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application filed, suspend the execution
of the sentence imposed in the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he
seek a review of the modified decision which already imposes a probationable
penalty.
“Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. The filing of the application shall be deemed a waiver
of the right to appeal.1âwphi1
“An order granting or denying probation shall not be appealable.”

 When probation is granted, what condition are imposed by the court?

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court

may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said sentence
and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment
or a fine only. An application for probation shall be filed with the trial court, with
 notice to the appellate court if an appeal has been taken from the sentence of
conviction. The filing of the application shall be deemed a waver of the right to
appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.

Submitted to: CO1, VICENTE B. BANCIL ,III

Submitted by: JOMARIE ESTOR