PD 968: The Probation Law

Probation is a privilege, not a right. It can be granted only if the accused deserves it. If granted, the accused will be convicted but released. He will then comply with mandatory and discretionary conditions imposed by the court and be placed under the supervision of a probation officer. The discretionary conditions depend on the court's assessment of the accused but they must be constructive, consistent with his conscience, not as burdensome as the original penalty of the crime and must not unreasonably restrict his liberty. Note: must not unreasonably restrict his liberty. A penalty is always a restriction of liberty but restrictions must be reasonable and proportionate to the offense. The mandatory conditions are:

1.) To report to the probation officer within 72 hours from the time the order was received; and

2.) To regularly report to the probation officer at least once a month or sooner as may seem fit.

The Probation Law has objectives similar to the Indeterminate Sentence Law:

1.) Rehabilitation and correction of the accused through individualized treatment

2.) To give better chances for a repentant criminal to reform

3.) Prevent further commission of crimes as he is placed under the probation officer's supervision

4.) Decongest the jails

5.) Save the government from spending money for maintaining the accused in prison

Probation may be granted whether the penalty is imprisonment or a fine only. For imprisonment, the penalty should be 6 years or less. Probation will be denied in any of the following circumstances:

1.) The accused needs correctional treatment that can best be provided if he is committed to an institution

2.) There is an undue risk that he will commit another crime during the probation period.

3.) Probation will make the offense not look serious.

Regarding #3, there is a case where an accused's application for probation was denied because she didn't comply with the court's orders in 54 counts of BP 22 violations and instead executed a simulated (fake) deed of sale (Santos vs CA, GR127899, December 2, 1999.)

There are also disqualifications. These are:

1.) The prison term exceeds 6 years (even if by just 1 day)

2.) Those convicted of subversion

3.) Those convicted of the following crimes against national security:

a.) Treason

b.) Conspiracy and proposal to commit treason

c.) Misprision of Treason

d.) Espionage

e.) Inciting to war and giving motives to reprisal

f.) Violation of neutrality

g.) Correspondence with hostile country

h.) Flight to enemy country

i.) Piracy and mutiny (piracy is an international crime and can be tried by any country in the world.)

4.) Those convicted of the following crimes against public order:

a.) Rebellion, insurrection, coup, sedition

b.) Illegal assemblies and associations

c.) Direct/indirect assault, resistance an disobedience

d.) Public disorders (tumults, alarms and scandals)

e.) Delivery of prisoners from jail

f.) Evasion of service of sentence

g.) Quasi-recidivism

5.) Those who were previously convicted of a crime punishable by at least 1 month and 1 day and/or a fine of at least Php200.00

6.) Those who were once recipients of probation (probation can be granted to a person only once.)

7.) Those who were already serving sentence when the Probation Law took effect (Martial Law years)

8.) Those enjoying the benefits of PD 603 (the Child and Youth Welfare Code) and similar laws

9.) Those who perfected an appeal (probation and appeal are mutually exclusive remedies; you can't use both at the same time.)

Regarding those suffering several prison terms, multiple terms are distinct from each other. However, if the total number of prison terms doesn't exceed 6 years, the accused is entitled to probation. The application for probation must also be file during the period for perfecting an appeal. Take note: conviction becomes final if the accused applies for probation. If granted, the accused's sentence is suspended but still stands. If he violates his probation, he can be arrested and brought to court for an informal summary hearing (but can post bail while the hearing is going on as well.) If the violation is proven, the court may or may not revoke the probation. If probation is revoked the accused will serve full sentence. The revocation order is not appealable.

If the probation prisoner complies with his requirements throughout the period of probation the court will give him a final discharge. The probationer 's civil rights will then be fully restored and his penalties and fines will be discharged.

Duration of Probation

1.) Imprisonment of not more than 1 year: maximum probation of 2 years

2.) 1 to 6 years imprisonment: maximum of 6 years

3.) Fine with subsidiary imprisonment: twice the period computed in Art. 39 of the Revised Penal Code

Read this law in conjunction with the indeterminate sentence law.