EXECUTION OF PENALTY

a. THREE-FOLD RULE(Art. 70, RPC)

When and How a Penalty is to Be Executed
1. No penalty shall be executed except by final judgment
2. Penalties cannot be executed in a form or any circumstances/incidents
other than that prescribed or authorized by law
3. The law and the special regulations of institutions in which penalties are to
be suffered shall be observed with regard to the character of work, time of
performance, other incidents connected therewith, relationships of
convicts to others, relief they may receive, and their diet
4. Regulations shall provide for:
a. Separation of the sexes in differentinstitutions/departments
b. Correction and reform of convicts (Art. 78, RPC)
1. Maximum duration of convict’s sentence: Shall NOT be more than 3
times the length of time corresponding to the most severe penalty imposed
uponhim.
2. Limitation of maximum period: Periodshall in NO case exceed 40 years.
3. Effect if total imposed sentence is more than the maximum allowed:
No other penalty shall be inflicted after the sum total of those imposed
equals the same maximum period.
4BLUE 95 NOTE: The three-fold rule applies although the penalties were imposed for
different crimes, at different times, and under separate informations.
Basis of Duration of Penalties

When Judgment Becomes Final 1. Duration of perpetual penalties (penaperpetua) - shall be computed at 30
years (Art. 70, RPC)
GR: No penalty shall be executed except by virtue of a final judgment(Art. 78, 2. Duration of the sentence refers to several penalties for different offenses
RPC). A judgment becomes final after the lapse of the period for perfecting an not yet served out, but only when the convict must serve continuous
appeal(Rule 120, Sec. 7, ROC). imprisonment for several offenses
a. If sentence for one offense was already served, that
XPN: If the defendant has expressly waived in writing his right to appeal or when imprisonment will NOT be considered for the purpose of
accused applied for probation(Rule 120, Sec. 7, ROC). the three- fold rule if after release he commits again and is
convicted of new offenses.
Place of Execution of Sentence b. Only penalties not yet served out can be served
simultaneously.
Penalty Place 3. If sentence is indeterminate, basis of duration is the maximum term of the
Reclusion perpetua, reclusion In places and penal establishments provided by the sentence.
temporal, prision mayor, Administrative Code or by law (Art. 86, RPC). 4. ―The most severe penalty‖ – includes equalpenalties, such as when
prisioncorreccional, and sentenced to multiple cases of the same offense.
arresto mayor
Applicability of Rule
Arrestomenor Either in:
1. Municipal jail; or
This rule only applies when the convict has to serve at least 4 sentences and cannot
2. House of thedefendant under the
exceed three-fold the most severe. If only 2 or 3 penalties corresponding to different
surveillance of an officer of the law,
crimes committed by the convict are imposed, it is not possible to apply the three-fold
when the court so provides, taking
rule.
into consideration the health of the
offender and other satisfactory reasons
(Art. 88, RPC).
Subsidiary Imprisonment
destierro Not allowed to enter the place/s designated not
within the 25-250 km. radius specified (Art. 87,
The three-fold rule does not preclude subsidiary imprisonment for failure to pay a fine,
RPC).
provided that the principal penalty does not exceed 6 years. The provision of Art. 70 that
"no other penalty to which he may be liable shall be inflicted after the sum total of those
Simultaneous Service of Sentence imposed equals the said maximum period," only means that the convict shall not serve the
excess over the maximum of three-fold the most severe penalty.
GR: When the culprit has to serve 2 or more penalties, he shall serve them
simultaneously. Illustration:
―B‖ was found guilty in 17 criminal cases, the most severe penalty
XPN: If the nature of the penalties (e.g. deprivation of liberty) does not permit imposed was 6 months
simultaneous service, the order of their respective severity shall be followed(Art. and 1 day, plus a fine of P1,000, with subsidiary imprisonment in case of
70, RPC). insolvency. After serving 18 months and 3 days in prison, B filed a
petition for habeas corpus, contending that applying the three-fold rule, he
cannot be made to serve more time. In deciding the case, the SC ruled that
the subsidiary imprisonment for nonpayment of the fine cannot be
Deprivation of Liberty eliminated so long as the principal penalty is NOT higher than 6 years
of imprisonmenteven if he already served three-fold of the most
Penalties consisting in deprivation of liberty cannot be served simultaneously by reason severepenalty.
of the nature of suchpenalties(In re: Pete Lagran, G.R. No. 147270 (2001)).
Applying said rule, if petitioner would not be able to pay the fine, the
What can be simultaneously served with one another maximum duration of his imprisonment shall be 18 months and 3 days of
1. Perpetual absolute Disqualification the principal penalty plus 6 months and 1 day of subsidiary imprisonment
2. Perpetual special Disqualification for failure to pay the fine, or a total of 2 years and 4 days.
3. Temporary absolute Disqualification
4. Temporary special Disqualification
5. Destierro Not “Imposition of Penalty,” but “Service”
6. Suspension
7. Bond to keep the peace and Fine Court must impose all the penalties for all the crimes of which the accused is found
8. Civil interdiction guilty, but in the service of the same, they shall not exceed three times the most severe
9. Confiscation and payment of costs and shall not exceed 40 years – three fold maximum penalty.
10. Publiccensure
Q: E and M are convicted of a penal law that imposes a penalty of fine or imprisonment
All of the above can be served simultaneously with imprisonment, except destierro. or both fine and imprisonment. The judge sentenced them to pay the fine, jointly and
severally, with subsidiary imprisonment in case of insolvency. a. Is the penalty proper?
Explain. b. May the judge impose an alternative penalty of fine or imprisonment?
Explain. (2005 BAR)
A: a. NO. The penalty should be imposed individually on every person accused of the
crime. Any of the convicted accused who is insolvent and unable to pay the fine, shall
serve the subsidiary imprisonment. b. NO. Although the law may prescribe an alternative
penalty for a crime, it does not mean that the court may impose the alternative penalties at
the same time. The sentence must be definite. Otherwise, the judgment cannot attain
finality.

Q: Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical
Injuries, and accordingly, was sentenced to suffer the penalty of imprisonment for an
indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years,
two (2) months, and one (1) day of prision correccional, as maximum. He was also
ordered to pay the victim actual damages in the amount of ₱50,000.00, with subsidiary
imprisonment in case of insolvency. Was the imposition of subsidiary imprisonment
proper? (2019 BAR)
A: NO, subsidiary imprisonment does not apply to civil liability but only for non-
payment of fine. Here, there is no penalty of fine imposed by the trial court.

1
Q: State the application of the Indeterminate Sentence Law. (1988, 2016 BAR)
A: The Indeterminate Sentence Law (ISLaw) applies in cases where the penalty imposed
is more than one year and the ISLaw shall apply where there is a minimum penalty which
is not lower than the penalty next lower in degree provided by law and the maximum not
higher than the maximum penalty provided by law in cases of felonies but when it comes
to statutory offenses, it must be lower than the minimum penalty provided by law and not
higher than the maximum penalty provided by law except in the following cases as
provided by Section 2 of Art. 4103:
1. Life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason
3. To those convicted of misprision of treason, rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
6. Those who shall have escaped from confinement or evaded sentence
7. Those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof 8. Those whose maximum term of imprisonment
does not exceed one year, not to those already sentenced by final judgment at the
time of approval of this Act, except as provided in Sec. 5 hereof
Q: Explain how the Indeterminate Sentence Law is applied in crimes punished by special
laws (2017 BAR)
A: The indeterminate sentence in such cases shall consist of a maximum term which shall
not exceed the maximum fixed by the special law and a minimum term which shall not be
less than the minimum term prescribed by the same.
Q: Itos was convicted of an offense penalized by a special law. The penalty prescribed is
not less than six years but not more than twelve years. No modifying circumstance
attended the commission of the crime. If you were the judge, will you apply the
Indeterminate Sentence Law? If so, how will you apply it? (1994, 1999 BAR)
A: If I were the judge, I will apply the provisions of the Indeterminate Sentence Law, as
the last sentence of Section 1 Act 4103, specifically provides the application thereof for
violations of special laws. Under the same provision, the minimum must not be less than
the minimum provided therein (six years and one day) and the maximum shall not be
more than the maximum provided therein, i.e. twelve years.
Q: When would the Indeterminate Sentence Law (ISLaw) be inapplicable? (1999, 2003
BAR)
A: The ISLaw is not applicable to:
1. Those persons convicted of offenses punished with death penalty or
lifeimprisonment or reclusion perpetua;.
2, Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who shall have escaped from confinement or evaded sentence;
7. Those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one year;
9. Those already sentenced by final judgment at the time of the approval of this
Act; and
10. Those whose sentence imposes penalties which do not involve imprisonment,
like destierro.
Q: How are the maximum and the minimum terms of the indeterminate sentence for
offenses punishable under the Revised Penal Code determined? (2002 BAR)
A: For crimes punished under the Revised Penal Code, the maximum term of the
indeterminate sentence shall be the penalty properly imposable under the same Code after
considering the attending mitigating and/or aggravating circumstances according to Art.
64 of said Code. The minimum term of the same sentence shall be fixed within the range
of the penalty next lower in degree to that prescribed for the crime under the said Code.
Q: While serving his sentence, Macky entered the prohibited area and had a pot session
with Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in case he is found
guilty of use of prohibited substances? Explain your answer. (2007 BAR)
A: NO. Macky is not entitled to the benefit of the Indeterminate Sentence Law (Act 4103,
as amended) for having evaded the sentence which banished or placed him on destierro.
Sec. 2 of the said law expressly provides that the law shall not apply to those who shall
have ―evaded sentence‖.
Q: Bruno was charged with homicide for killing the 75 year old owner of his rooming
house. The prosecution proved that Bruno stabbed the owner causing his death; and that
the killing happened at 10 in the evening in the house where the victim and Bruno lived.
Bruno, on the other hand, successfully proved that he voluntarily surrendered to the
authorities; that he pleaded guilty to the crime charged; that it was the victim who first
attacked and did so without any provocation on his (Bruno's) part, but he prevailed
because he managed to draw his knife with which he stabbed the victim. The penalty for
homicide is reclusion temporal. Assuming a judgment of conviction and after considering
the attendant circumstances, what penalty should the judge impose? (2013 BAR)
A: Bruno should be sentenced to an indeterminate sentence penalty of arresto mayor in
any of its period to prison correccional in its medium period as maximum. Bruno was
entitled to two privileged mitigating circumstances of incomplete self-defense and the
presence of at least two ordinary mitigating circumstances (voluntary surrender and plea
of guilt) without any aggravating circumstance under Art. 69 and 64(5) of the RPC
respectively, which lowers the prescribed penalty for homicide which is reclusion
temporal to prison correccional.
2
Q: Randy was prosecuted for forcible abduction attended by the aggravating
circumstance of recidivism. After trial, the court held that the prosecutor was able to
prove the charge. Nonetheless, it appreciated in favor of Randy, on the basis of the
defense’s evidence, the mitigating circumstances of voluntary surrender, uncontrollable
fear, and provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for
forcible abduction is reclusion temporal. Applying the Indeterminate Sentence Law, what
penalty should be imposed on Randy? (2018 BAR)
A: Since he was found guilty of Forcible Abduction with one aggravating
circumstances of recidivism, this aggravating circumstance is off-set by one of the
three mitigating circumstances; so the penalty to be imposed is still Reclusion
Temporal (Art. 342, RPC) but because there are two (2) more mitigating
circumstances left and the penalty is divisible, in determining the maximum term,
we have to reduce to prision Mayor and because there is no more mitigating and
aggravating circumstances to be considered, the maximum term shall be prision
mayor in its medium period that is eight (8) years and one (1) day to ten (10) years.
The minimum, term shall be any range within, that is from six (6) years and one (1)
day to six (8) years. Thus Randy will suffer as Minimum term any penalty ranging
from six months and one (1) day, and the maximum term will be, any range from
eight (8) years and one (1) day to ten (10) years of prision Mayor. What is now the
age of doli incapax in the Philippines? (2017 BAR) A: Section 6 of Republic Act
No. 9344 (Juvenile Justice and Welfare Act of 2006), xxx states as follows: Section
6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant
to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal liability and be subjected) to an
intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws. (Office of the Court Administrator vs. Larida, Jr., 718 SCRA 359, 11 March
2014) doli incapax – incapable of criminal intention or malice; not of the age of
discretion; not possessed of sufficient discretion and intelligence to distinguish
between right and wrong to the extent of being criminally responsible for his
actions.
Q: Roman and Wendy are neighbors. On Valentine's Day, without prior notice, Roman
visited Wendy at her condo to invite her to dinner, but Wendy turned him down and
abruptly left, leaving her condo door unlocked. Roman attempted to follow, but appeared
to have second thoughts; he simply went back to Wendy's condo, let himself in, and
waited for her return. On Wendy's arrival later that evening, Roman grabbed her from
behind and, with a knife in hand, forced her to undress. Wendy had no choice but to
comply. Roman then tied Wendy's hands to her bed and sexually assaulted her five (5)
times that night. Roman was charged with, and was convicted of, five (5) counts of rape,
but the judge did not impose the penalty of reclusion perpetua for each count. Instead, the
judge sentenced Roman to 40 years of imprisonment on the basis of the three-fold rule.
Was the judge correct? (2013 BAR)
A: NO, the three-fold rule is applicable only in connection with the service of the
sentence not in the imposition of the proper penalties. The court must impose all
penalties for all the crimes for which the accused have been found guilty. Thus, the
court should not make a computation in it decision and sentence the accused to not
more than the three-fold of the most severe of the penalties imposable. The
computation under the three-fold rule is for the prison authorities to make.
Q: In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts
of Murder and was consequently sentenced with the penalty of reclusion perpetua for
each count. A month after, he was likewise found guilty of five (5) counts of Grave
Threats in a separate criminal proceeding, and hence, meted with the penalty of prision
mayor for each count. a. What are the respective durations of the penalties of reclusion
perpetua and prision mayor? b. How long will Mr. N serve all his penalties of
imprisonment? Explain. (2019 BAR)
A: a. Under Art. 27 of the RPC, the penalty of reclusion perpetua shall be from 20
years and 1 day to 40 years; while the duration of the penalty of prision mayor shall
be from 6 years and 1 day to 12 years. b. Mr. N will serve all these penalties of
imprisonment for a total of 40 years. Under Art. 70 of the RPC, when the culprit
has to serve two or more penalties, he shall serve then simultaneously if the nature
of the penalties will so permit.
However, the maximum duration of the convict’s sentence shall not be more than
three-fold the length of time corresponding to the most severe of the penalties
imposed upon him. No other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same maximum period. Such
maximum period shall in no case exceed 40 years.
b. PROBATION LAW(P.D. 968, as amended by 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 aprobation officer.
2. Probationer – person placed on probation
3. Probation officer – one who investigatesfor 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.
When Appeal Bars Grant of Probation
1. When the accused is convicted by the trial court of a crime where the
penalty imposed is within the probationable period or a fine, and the
accused files a notice of appeal; and
2. When the accused files a notice of appeal which puts the merits of his
conviction in issue, even if there is an alternative prayer for the correction
of the penalty imposed by the trial court or for a conviction to a lesser
crime, which is necessarily included in the crime in which he was
convicted where the penalty is within the probationable period(Dimakuta
v. People, G.R. No. 206513 (2015))
2023 NOTE: The Dimakuta decision was issued on October 2015, but R.A. 10707—
which amended the Probation Law—was signed into law on November 2015.

A. APPLICABILITY C. GRANT OF PROBATION

Probation may be granted whether the sentence imposes a term of imprisonment or
a fine only. Discretion of the Court
Even if a convicted person falls within classes of those qualified for probation, thegrant
May be extended to children in conflict with the law of probation is not automatic ministerial. [
After convicting and sentencing a child in conflict with the law, and upon
application at any time, the court may place the child on probation in lieu of service An order placing defendant on "probation" is not a "sentence" but is rather in effect, a
of his/her sentence in account of his/her best interest. As such Sec. 4, P.D. 968 is suspension of the imposition of sentence. It is not a final judgment but is rather an
amended accordingly(Sec. 42, R.A. 9344) "interlocutory judgment."

Disqualified Offenders Criteria for Grant of Probation(Sec. 8, P.D. 968)

1. Those sentenced to serve a max. term of more than 6 years(Sec. 9(a), P.D. The following should be considered in deciding to place an offender under probation:
968) 1. Available institutional and community resources
2. Crimes against national security convicts (Sec. 9(b), P .D. 968) 2. Mental condition of the offender
3. Those previously convicted by final judgement of an offense punished by 3. Character,
imprisonment of more than 6 months and 1 day and/or fine of more than 4. Antecedent,
P1,000.00 (Sec. 9(c), P .D. 968) 5. Environment,
4. Those who have been once in probation under this Decree (Sec. 9(d), P.D. 6. Physical condition of the offender
968)
5. Those who are already serving sentence at the time the substance Reasons for Denying Probation(Sec. 8, P.D. 968)
provisions of this Decree became applicable pursuant Section 33 hereof 1. The offender is in need of correctionaltreatment best provided thru
(Sec. 9(e), P.D. 968) commitment toan institution
6. Drug trafficker and pushers, regardless penalty imposed by court, cannot 2. There is undue risk that the offender willcommit another offense during
avail of the Probation Law privileges, as amended by the Comprehensive theprobation period
Dangerous Drugs Act of 2002(Sec. 24. R.A. 9165) 3. Probation will depreciate the seriousness ofthe offense committed

Effects of Grant of Probation

B. GRANT, MANNER, AND CONDITIONS (SEC. 4, RA 10707) 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.
1. Application for Probation - defendant must file an application for 968)
probation within the period for appeal. 2. Probation does NOT extinguish civil liability, as it only affects the
criminal aspect of the case.
Effect of filing of application – deemed as waiver of the right to appeal. 3. Accessory penalties are deemed suspended.

2. Application shall not be entertained or granted – if defendant has 4BLUE 95 NOTE: An order granting or denying probation shall NOT be appealable
perfected the appeal from the judgment of conviction. (Sec. 4 P.D. 968)

XPN: When a judgment of conviction imposing a non-probationable Conditions of Probation(Sec. 10, P.D. 968)
penalty is appealed/reviewed and modified to a probationable penalty, 1. Mandatory Conditions- Probation orders shall contain conditions
the defendant shall be allowed to apply for probation based on the requiringprobationer to:
modified decision before it becomes final. a. Present himself to his supervising probation officer at the
place specified in the order within 72 hours from receipt of
4BLUE 95 NOTE: Accused shall lose the benefit of probation should he said order; and
seek a review of the modified decision which already imposes a b. Report to the probation officer at least once a month at the
probationable penalty. time and place specified by said officer.

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.
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.

Dimakuta Doctrine (Rules on Appeals) Period of Probation (Sec. 14, PD 968)

Appeal must be limited to the following grounds:
1. Appeal merely intended for the correction of the penalty imposed by the Scenario Duration
lower court, which when corrected would entitle the accused to apply for When sentenced to imprisonment of not Probation shall not exceed 2 years
probation; and more than 1 year
2. Appeal is merely intended to review the crime for which the accused was When sentenced to more than 1 year Shall not exceed 6 years
convicted and that the accused should only be liable to the lesser offense When sentenced to a fine and made to Shall be twice the total days of subsidiary
which is necessarily included in the crime for which he was originally suffer subsidiary imprisonment imprisonment
convicted and the proper penalty imposable is within the probationable
period.

What Must be Averred in the Notice of Appeal

1. That an earlier motion for reconsiderationwas filed but was denied by the
trial court;
2. That the appeal is only for reviewing the penalty imposed by the lower
court or the conviction should only be for a lesser crime necessarily
included in the crime charged inthe information; and
3. That the accused-appellant is not seeking acquittal of the conviction
(Dimakuta v. People, G.R. No. 206513 (2015))

3
d. Violation of Probation Order c. REPUBLIC ACT NO. 10951

Upon the failure of the probationer to comply with any of the conditions prescribed in the The Act adjusts the value of property and damage on which a penalty is based and the
order, or upon his commission of another offense, he shall serve the penalty imposed for fines imposed under the RPC. Under this Act are adjustment on several children-related
the offense under which he was placed on probation. felonies, namely Art. 277 and Art. 278.

Arrest (Sec. 15, P.D 968) 2023 NOTE: Changes in relevant provisions are already integrated in prior discussions
At any time during the probation, the court may issue a warrant to arrest the probationer (e.g., amount of what constitutes light felonies under Art. 9).
forviolation 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 Suspension in Case of Insanity or Minority
admitted to bail pending such hearing.
a. Insane
Additionally, it must be noted that:
1. The violation of the conditions of probationmust be serious to justify the When Accused becomes Insane
issuance of awarrant of arrest. Scenario Effect
2. Defendant may be admitted to bail pendinghearing. At the time of the commission of He is exempt from criminal liability.
a. Hearing is summary in nature, but theprobationer shall have the crime
the right to be informed of the violation charged and to At the time of the trial The court shall suspend the proceedings and order
adduce evidence in his favor. his confinement in a hospital until he recovers his
3. Court is not bound by the technical rules of evidence. reason.
4. If the violation is established, the court may revoke or continue his At the time of final judgment or Execution is suspended with regard to the
probation and modify the conditions. while serving sentence personal penalty only. If he recovers his reason,
5. If revoked, the court shall order the probationer to serve the sentence his sentence shall be executed, unless the penalty
originally imposed. has prescribed.
6. The order revoking the grant of probation or modifying the term and
conditions thereof is NOT appealable. Payment of his civil or pecuniary liabilities shall
not be suspended.

b. Minors
e. Termination of Probation Court shall determine the civil liability of a guilty child under 18 y/o. Instead of
convicting the child, the court shall place the CICL under suspended sentence.
Suspension of sentence shall be applied even if the juvenile is already 18 years of age or
Order of Final Discharge(Sec. 16, R.A. 10707) more at the time of the pronouncement of his/her guilt(Sec. 38, R.A. 9344).
An order of final discharge of the probationer shall be issued by the Court:
1. After the period of probation; and Rules as to First-Time Minor Offenders
2. Upon consideration of the report and recommendation of the probation 1. If the minor first-time offender complies with the imposed rules,
officer, upon finding that probationer fulfilled theterms and conditions of regulation, and conditions of suspended sentence - the Court upon
his probation favorable recommendation from the Board, shall discharge the accused
and dismiss all proceedings (Sec. 67, R.A. 9165).
4BLUE 95 NOTE: The probationer and the probation officer shall each be furnished a. The court will expunge all official records,except
with a copy of such order. confidential records retained by the DOJ; such orders shall
be confidential and will restore the accused to his prior
Effect of Final Discharge(Sec. 16, R.A. 10707) status before the case.
The final discharge of the probationer shall operate to: b. Accused will not be held in
1. Restore to him all civil rights lost or suspended as a result of his perjury/concealment/misrepresentation in failing to
conviction; and acknowledge the case or its facts in any inquiry for any
2. Totally extinguish his criminal liability as to the offense for which purpose.
probation wasgranted.
2. If the minor first-time offender violates the rules, regulation, or
Termination of Period, not the same as Expiration of Probation Period conditions of his suspended sentence – the court shall pronounce
The expiration of the probation period alone does NOT automatically terminate judgment of conviction and he/she shall serve sentence as any other
probation; probation is not coterminous with its period. There must first be an order of convicted person(Sec. 69, RA 9165).
final discharge issued by the court, based on the report and recommendation of the 3. In lieu of imprisonment, the court in its discretion may place the
probation officer. accused under:
a. Probation – even if the sentence provided under RA 9165
Probation vs. Pardon is higher than that provided under existing law on probation
b. Community Service (Sec. 70, RA 9165).
Probation Pardon
Definition
Probation is a disposition under It is an act of grace proceeding from the power
which a defendant, after conviction entrusted with the execution of the laws which
and sentence, is released subject to exempts the individual on whom it is bestowed
conditions imposed by the court and from the punishment the law inflicts for the
to the supervision of a probation crime he has committed.
officer.
May either be:
1. Absolute pardon
2. Conditional pardon
Whether Crime was Obliterated
Does NOT obliterate the crime of Does NOT obliterate the crime; it only abolishes
which the person under probation the punishment. Pardon looks forward and
has been convicted. relieves the offender from the consequences of a
convicted offense, that is, it abolishes or
forgives the punishment.
Granting Authority
By the Court Chief Executive
Effect of Accessory Penalties
Accessory penalties are A pardon shall NOT work the restoration of the
deemedsuspended once probation is right to hold public office, or the right of
granted. 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)

4
Q: Who are the offenders disqualified from availing themselves of the benefits of
the probation law (P.D. 968, as amended)? (1988 BAR)
A: The following offenders are disqualified from availing of the benefits of the
Probation Law:
1. Those sentenced to serve maximum term of imprisonment of more than six
years;
2. Those convicted of any crime against the national security (amended by
R.A. 10707);
3. Those who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6) month and one (1)
day and or a fine of not less than Php 1,000.00 (amended by R.A. 10707);
4. Those who have been once on probation under the provisions of this
decree; and
5. Those who are already serving sentence at the time the substantive
provisions of this decree applicable pursuant to Sec. 33 of P.D. 968.
Q: A was charged with theft and upon arraignment, pleaded guilty to the charge.
He was detained for failure to post bail. After two (2) months, a decision was
rendered sentencing ―A‖ to an indeterminate sentence of six (6) months and one
(1) day as a minimum, to one (1) year and one (1) month as maximum, and to pay
the offended party the amount of P700. On January 16, 1985, the very day the
sentence was read to ―A‖, the Judge issued a Commitment Order addressed to the
Provincial Jail Warden. On January 28, 74 Criminal Law 1985, ―A‖ applied for
probation but his application was denied on the ground that the sentence of
conviction became final and executory on January 16, 1985, when ―A‖ commence
to serve his sentence. Is ―A‖ eligible for probation? (1989 BAR)
A: YES. A is still eligible for probation since he filed his application for
probation within 15 days from the promulgation of the judgment. Under the
Probation Law, the accused may apply for probation within the period for
perfecting an appeal which is 15 days from promulgation or notice thereof.
The judge committed an error in issuing a Commitment order on the same
day of promulgation. A commitment order for the convict to begin serving
his sentence can be validly issued only if the period for perfecting an appeal
has expired with no appeal being taken. The fact that in compliance with
such order, which is void, the accused commenced to serve his sentence does
not bar him from availing himself of the benefits of the Probation Law.
While it is true under the Rules that a judgment in a criminal case becomes
final after the lapse of the period for perfecting an appeal or when the
sentence has been partially or totally satisfied or served or the accused has
applied for probation (Sec. 7, Rule 120), Sec. 9 of the same Rule provides
that ―nothing in this Rule shall be construed as affecting any existing
provision in the law governing suspension of sentence, probation or parole.‖
The probation law does NOT speak of filing an application for probation
before judgment has become final. It only speaks of filing the application
WITHIN THE PERIOD FOR PERFECTING AN APPEAL.
There is nothing in the Probation Law that bars an accused who has
commenced to serve his sentence from filing an application for probation
provided he does so within the period for perfecting an appeal. What the
Probation Law provides is that no application for probation shall be
entertained or granted if the defendant has perfected an appeal from the
judgment or conviction. It does not say that no application shall be
entertained if the judgment has become final because the convict has already
commenced to serve his sentence.
Q: On February 3, 1986, Roberto was convicted of arson through reckless
imprudence and sentenced to pay a fine of P15,000.00, with subsidiary
imprisonment in case of insolvency by the Regional Trial Court of Quezon City.
On February 10, 1986, he appealed to the Court of Appeals. Several months later,
he filed a motion to withdraw the appeal on the ground that he is applying for
probation. On May 7, 1987, the Court of Appeals granted the motion and
considered the appeal withdrawn. On June 10, 1987, the records of the case were
remanded to the trial court. Roberto filed a ―Motion for Probation‖ praying that
execution of his sentence be suspended, and that a probation officer be ordered to
conduct an investigation and to submit a report on his probation. The judge denied
the motion on the ground that pursuant to Presidential Decree No. 1990, which
took effect on July 16, 1986, no application for probation shall be entertained or
granted if the defendant has perfected an appeal from the judgment of conviction.
Is the denial of Roberto’s motion correct? (1994 BAR)
A: YES, even if at the time of his conviction, Roberto was qualified for
probation but that at the time of his application for probation, he is no longer
qualified, he is not entitled to probation. The qualification for probation must
be) determined as of the time the application is filed in Court. (Bernardo v.
Judge Balagot, et. al., G.R. 86561, Nov. 10, 1992)
Q: Juan was convicted of the Regional Trial Court of a crime and sentenced to
suffer the penalty of imprisonment for a minimum of eight years. He appealed
both his conviction and the penalty imposed upon him to the Court of Appeals.
The appellate court ultimately sustained Juan’s conviction but reduced his
sentence to a maximum of four years and eight months imprisonment. Could Juan
forthwith file an application for probation? Explain. (1992, 1995, 2000, 2001,
2002, 2003 BAR)
A: NO. Juan can no longer avail of the probation because he appealed from
the judgment of conviction of the trial court, and therefore, cannot apply for
probation anymore. Section 4 of the Probation Law, as amended, mandates
that no application for probation shall be entertained or granted if the accused
has perfected an appeal from the judgment of conviction.
Q: May a probationer appeal from the decision revoking the grant of probation or
modifying the terms and conditions thereof? (2002 BAR)
A: NO. Under Sec. 4 of the Probation Law, as amended, an order granting or
denying the probation is not appealable.

Q: Boyet Mar was charged with consented abduction by a 17-year old

complainant. The accused made wedding arrangements with the girl, but her
parents insisted on the prosecution of the case. To avoid further embarrassment of
a court trial for him and the girl, the accused entered a plea of guilty. He then filed
a petition for probation before serving sentence, but the court denied the petition
on the ground that ―it would be better for the accused to serve sentence so that he
would reform himself and avoid the scandal in the community that would be
caused by the grant of the petition. The accused serve sentence but he brought the
matter to the Supreme Court in a petition for certiorari. Did the trial court act
correctly in denying the petition for probation? (1991 BAR)
A: NO. The trial court acted incorrectly. In Balleta v. Leviste (92 SCRA
719), the Judge precisely denied the petition for probation on the same
excuse stated in the problem. The Supreme Court held that an accused must
fall within any one of the disqualifications stated in Sec. 9 of PD 960 in order
to be denied probation.

Q: Johnny Gitara was convicted of the crime of estafa by the Regional Trial Court
of Manila. He was imposed the indeterminate penalty of imprisonment of 3 years,
2 months and 1 day as minimum and six years as maximum, both of prison
correccional and was ordered to indemnify the offended party in the amount of
P3,000.00. He filed an application for probation upon the promulgation of the
judgment. What is the legal effect of his application for probation on the judgment
of conviction? Does said application interrupt the running of the period of appeal?
(1992 BAR)
A: The filing of the application for probation is considered as a waiver of the
right of the accused to appeal; the decision has become final. In view of the
finality of the decision, there is no period of appeal to speak of.

5
d. JUVENILE JUSTICE AND WELFARE ACT(RA 9344, as amended)
A. SCOPE
It shall cover the different stages involving children at risk and children in conflict with
the law from prevention to rehabilitation and reintegration(Sec. 1, R.A. 9344).
Definition of Terms
1. Child - refers to a person under the age of18 years(Sec. 4(c), R.A. 9344)
2. Children at risk, definition - Refers to a child vulnerable to and at the
risk of committing criminal offenses because of personal, family, and
social circumstances, such as, but not limited to (a) economic/sexual
exploitation, (b) truancy, (c) abandoned/neglected, or (e) abuse(Sec. 4(d),
R.A. 9344)
3. Child in Conflict with the Law (CICL) -Refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under
Philippine laws(Sec. 4(e), R.A. 9344)
Offenses Contemplated under R.A. 9344
1. Offenses – any act or omission whether punishable under special laws or
the Revised Penal Code, as amended(Sec. 4(o), R.A. 9344)
2. Status Offenses - refers to offenses whichdiscriminate only against a
child, while an adult does not suffer any penalty for committing similar
acts (i.e. curfew violations; truancy, parental disobedience and the like)
(Sec. 4(r), R.A. 9344)
3. Victimless Crimes – offense where there is no private offended party
(Sec. 4(u), R.A. 9344)
Offenses Not Applicable to Children(Sec. 58, R.A. 9344)
Persons below 18 years of age shall be exempt from prosecution for the crime of:
1. Prostitution (Art. 202, RPC)
2. Mendicancy (P.D. 1563)
3. Sniffing of rugby (P.D. 1619)
Such prosecution being inconsistent with the United Nations Convention on the Rights of
the Child. However, said persons shall undergo appropriate counseling and treatment
program.
Determination of Age(Sec. 7, R.A. 9344)
Presumption of Minority: There is a presumption of minority. S/he shall enjoy all the
rights of a child in conflict with the law until s/he is proven to be 18 years old or older.
In assessing the attendance of the mitigating circumstance of minority, all doubts should
be resolved in favor of the accused, it being more beneficial to the latter. In fact, in
several cases, this Court has appreciated this circumstance on the basis of a lone
declaration of the accused regarding his age.
Proof of Age
The age of the child shall be determined according to the rules established by Section 7 of
R.A. 9344:
1. Best evidence is an original or certified truecopy of certificate of live birth
2. In its absence, similar authentic documentssuch as baptismal certificates
and school records showing the date of birth may be used
3. In the absence of documents under 1 and 2 due to loss, destruction, or
unavailability, the testimony of the child, a member of the family related
by affinity or consanguinity, of other persons, the physical appearance of
the child, or other relevant evidence shall suffice.
The person alleging the age of the child in conflict with the law has the burden to prove
such age. In all cases involving a child, the court shall make a categorical finding as to
the age of the child. (Sec. 7, R.A. 9344)
6
B. INTERVENTION PROGRAM
Intervention- Refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho- social well-
being(Sec. 4(l), R.A. 9344)
Community-based Programs on Juvenile Justice and Welfare
Community-based programs on juvenile justice and welfare shall be instituted by the
LGUs through the LCPC, school, youth organizations and other concerned agencies.
The LGUs shall provide community–based services which respond to the special needs,
problems, interests and concerns of childrenand which offer appropriate counselling and
guidance to them and their families.
These programs shall consist of three levels:
1. Primary intervention - includes general measures to promote social
justice and equal opportunity, which tackle perceivedroot causes of
offending;
2. Secondary intervention– includesmeasures to assist children at risk; and
3. Tertiary intervention - includes measures to avoid unnecessary contact
with the formal justice system and other measures toprevent re-
offending(Sec. 19, R.A. 9344)
When Applied
If it has been determined that the child taken into custody is 15 years old or below(Sec.
20, R.A. 9344).
Duty of Authorities(Sec. 20, R.A. 9344)
The authority which will have an initial contact with the child has the duty to:
1. Immediately release the child to the custodyof his/her parents or guardian,
or in the absence thereof, the child’s nearest relative.
XPN: If the parents, guardians or nearest relatives cannot be located, or if
they refuse to take custody, the child may be released to a:
a. Duly registered nongovernmental or religious organization;
b. Barangay official or a member of Barangay Council for the
Protection of Children (BCPC); or
c. Local social welfare and development officer; or when and
where appropriate, the DSWD.
In such case, authorities shall give notice to the local social welfare
and development officer who will determine the appropriate
programs in consultation with the child and to the person having
custody over the child.
2. If the child referred to herein has been found by the Local Social Welfare
and Development Office (LSWD) to beabandoned, neglected, or abused
by his parents, or in the event that the parents will not comply with the
prevention program, the proper petition for involuntary commitment shall
be filed by the DSWD or the LSWD pursuant to P.D. 603 (The Child and
Youth Welfare Code).
Q: Victor, Ricky, Rod and Ronnie went to the store of MangPandoy, Victor and Ricky
entered the store while Rod and Ronnie posted themselves at the door. After ordering
beer, Ricky complained that he was shortchanged although MangPandoy vehemently
denied it. Suddenly, Ricky whipped out a knife as he announced ―Holdup ito!‖ and
stabbed MangPandoy to death. Rod boxed the store’s salesgirl Lucy to prevent her from
helping MangPandoy. When Lucy ran out of the store to seek help from people next door,
she was chased by Ronnie. As soon as Ricky had stabbed MangPandoy, Victor scooped
up the money from the cash box. Then Victor and Ricky dashed to the street and shouted,
―Tumakbona kayo!‖ Rod was 14 and Ronnie was 17. The money and other articles looted
from the store of MangPandoy were later found in the houses of Victor and Ricky. Are
the minors Rod and Ronnie entitled to suspended sentence under The Child and Youth
Welfare Code? Explain. (1995 BAR)
A: NO. Because the benefits of suspension of sentence is not available where the
youthful offender has been convicted of an offense punishable by reclusion perpetua to
death under Art. 294 (1), RPC (People v. Galit, 230 SCRA 486)
Q: a. A was 2 months below 18 years of age when he committed the crime. He was
charged with the crime 3 months later. He was 23 when he was finally convicted and
sentenced. Instead of preparing to serve a jail term, he sought a suspension of the
sentence on the ground that he was a juvenile offender. Should he be entitled to a
suspension of sentence? Reasons. b. Can juvenile offenders, who are recidivists, validly
ask for suspension of sentence? Explain. (2003, 2013 BAR)
A:
a. NO. A is not entitled to a suspension of sentence because he is no longer a minor at the
time of promulgation of the sentence. For purposes of suspension of sentence, the
offender’s age at the time of promulgation of the sentence is the one considered, not his
age when he committed the crime. So although A was below 18 years old when he
committed the crime, but he was already 23 years old when sentenced, he is no longer
eligible for suspension of sentence.
b. YES. So long as the offender is still a minor at the time of the promulgation of the
sentence. The law establishing Family Courts, RA 8369, provides to this effect: that if the
minor is found guilty, the court should promulgate the sentence and ascertain any civil
liability which the accused may have incurred. However, the sentence shall be suspended
without the need of application pursuant to PD 603, otherwise known as the ―Child and
Youth Welfare Code‖ (R.A. 8369, Sec. 5a). It is under PD 603 that an application for
suspension of the sentence is required and thereunder it is one of the conditions for
suspension of sentence that the offender be a first time convict: this has been displaced by
RA 8369.
C. DIVERSION D. COURT PROCEEDINGS

Diversion Program- Program that the child in conflict with the law is required to Automatic Suspension of Sentence
undergo after he/she is found responsible for an offense, without resorting to formal court Suspended Sentence is the holding in abeyance of service of the sentence imposed by the
proceedings. (Sec. 4(j), R.A. 9344) court upon a finding of guilt of the CICL who will undergo rehabilitation.

When Applied
If the child is over 15 years old but below 18 years old and the child acted with
discernment.
Also, the maximum penalty for the offense the CICL is charged with, should be
imprisonment of not more than 12 years, regardless of the fine or fine alone regardless of
the amount. In such case, before arraignment of the child in conflict with the law, the
court shall determine whether or not diversion is appropriate(Sec. 37, R.A. 9344).
System of Diversion(Sec. 23, R.A. 9344)Children in conflict with law shall undergo
diversion programs without undergoing court proceedings subject to the conditions herein
provided:
1. Where the imposable penalty for the crime committed is NOT more
than 6 years imprisonment
a. The law enforcement officer or PunongBarangay, with the
assistance of the local social welfare and development
officer or other members of the LCPC, shall conduct
mediation, family conferencing, and conciliation
b. Where appropriate, indigenous modes of conflict resolution
are adopted in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative
justice and the formulation of a diversion program.
c. The child and his/her family shall be present in these
activities.
2. In victimless crimes where the imposable penalty is NOT more than 6
years imprisonment - the local social welfare and development officer
shall meet with the child and his/her parents or guardians for the
development of the appropriate diversion and rehabilitation program, in
coordination with the BCPC;
3. Where the imposable penalty for the crime committed exceeds 6 years
imprisonment - diversion measures may be resorted to only by the court.
Court shall determine the civil liability of a guilty child under 18 y/o. Instead of
convicting the child, the court shall place the CICL under suspended sentence.
Suspension of sentence shall be applied even if the juvenile is already 18 years of age or
more at the time of the pronouncement of his/her guilt(Sec. 38, R.A. 9344).
However, the suspension of sentence lasts only until the child in conflict with law reaches
the maximum age of 21(Sec. 40, R.A. 9344).
Upon suspension of sentence and after considering the various circumstances of the child,
the court shall impose the appropriate disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law(Sec. 38, R.A. 9344).
CICL in suspended sentence
Children in conflict with the law, whose sentences are suspended may, upon order of the
court, undergo any or a combination of disposition measures best suited to the
rehabilitation of the child pursuant to Supreme Court Rule on Juveniles in Conflict with
the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law,
he/she shall be released to parents, guardians, relatives or any other responsible person in
the community. Under the supervision and guidance of the LSWD officer, and in
coordination with his/her parents/guardian, the child in conflict with the law shall
participate in community-based programs(Sec. 52, R.A. 9344).
Agricultural Camps and other Training Facilities(Sec. 51, R.A. 9344)
A child in conflict with the law may, after conviction and upon order of the court, be
made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established,
maintained,supervised and controlled by the BUCOR, in coordination with the DSWD.
As regards the appellant’s possible confinement in an agricultural camp or other training
facility in accordance with Section 51 of R.A. 9344, this Court held in People v. Jacinto
that the age of the child in conflict with the law at the time of the promulgation of the
judgment is not material. What matters is that the offender committed the offense
when he/she was still of tender age.

*Hence, if the accused is already more than 21 years old by the time of the
pronouncement of his guilt, the Court has no choice but to render judgment. Nonetheless,
When There is No Diversion(Secs 27 and 28, R.A. 9344) he may avail of Sec. 51, whereupon he may serve his sentence in an agricultural camp or
training facility.
There is no diversion in the following cases:
1. If the offense does not fall under Sec. 23 (a) and (b)
a. Sec. 23 (a) – where the imposable penalty is not more than PD 603 (The Child and Youth Welfare Code) as amended vs. RA 9344 (Juvenile
6 years imprisonment Justice and Welfare Act of 2006)
b. Sec. 23 (b) in victimless crimes where the imposable
penalty is not more than 6 years imprisonment PD 603 RA 9344
2. If the child, his/her parents or guardian does not consent to a diversion Circumstances for Exemption
1. Child 9 years of age or Child 15 years of age or under shall be
In the above cases, the following procedures shall apply: under at time of exempt from criminal liability, regardless of
1. The Punong Barangay handling the caseshall forward the records of the commission of offense whether or not s/he acted with discernment
case to the proper authorities within 3 days, whereupon the case shall be 2. Child more than 9 years
filed according to the regular process. old but less than 15 at However, child is subject to intervention
2. The Law Enforcement officers and judicial officers to determine whether the time of commission program(Sec. 20, R.A. 9344)
or not the child should remain under custody and correspondingly charged of offense
in court.
XPN: If the child actedwith
discernment(Sec. 189, P.D. 603)
As to Proceedings
Child over 9 years and under 15 years Child 15 years and below – case shall be
DISCHARGE ( COMES AFTER COURT PROCEEDINGS) of age who acted w/ discernment – immediately dismissed and the child shall be
court shall determine imposable returned to thecustody of parent/guardian.
The court shall dismiss the case against the child whose sentence has been suspended and penaltyincluding any civil liability (Sec. 20, R.A. 9344)
against whom disposition measures have been issued, and shall order the final discharge chargeable against him.
of the child: If there be none, CICL shall be released to
1. Upon recommendation of the social worker who has custody of the child; However, instead of pronouncing (a) NGO/religious organization (b) Barangay
and judgment of conviction, the court may official/BCPC (c) LSWD officer/DSWD
2. If it finds that the objective of the disposition measures have been fulfilled. suspend all further proceedings and (Sec. 20, R.A. 9344)
shall commit such minor to the custody
The discharge of the child in conflict with the law shall not affect the civil liability or care of the DSWD or to any training Child above 15 years but below 18 years of
resulting from the commission of the offense, which shall be enforced in accordance with institution operated by the government, age who acted with discernment shall be
law. or duly licensed agencies or any other subjected to the appropriate proceedings:
responsible person, until he shall have 1. Intervention Programs
Return of the Child in Conflict with the Law to Court (Sec. 40, R.A. 9344) reached 21 years of age or, for a shorter 2. Diversion Programs(Sec. 38,
In the following cases, the child in conflict with the law shall be brought before the court period as the court may deem R.A. 9344)
for execution of judgment: proper(Sec. 189 and 192, P.D. 603)
1. If the court finds that the objective of the disposition measures imposed
Suspension of Sentence
upon the CICL have not been fulfilled; or
NO automatic suspension of sentence. Suspension of sentence is automatic. Instead
2. If the CICL has willfully failed to comply with the conditions of his/her
Youthful offender should apply for a of pronouncing the judgment of conviction,
disposition or rehabilitation program.
suspended sentence and it is the court shall place the child in conflict with
discretionary on the court to approve law under suspended sentence, without need
Credit in Service of Sentence
the application. of application(Sec. 38, R.A. 9344)
The CICL shall be credited in the services of his/her sentence with the full time spent in
actual commitment and detention under R.A. 9344(Sec. 41, R.A. 9344)