Probation Law of the Philippines PD 968 What is Probation ? ans.- is 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. Who can apply for Probation? ans. any first time convicted offenderwho is 18 years old or above. Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the right to probation as an alternative to imprisonment if qualified under the Probation law. Where shall an application for Probation be filed? ans. the application shall be filed with the court that tried and sentenced theoffender. What will happen if the application for Probation is denied? ans. the offender will be sent by the sentencing court to prison to serve his sentence. When should an application for Probation be filed? ans. anytime before the offender starts serving his sentence but within 15 days from the promulgation of notice of judgment of conviction. Under section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the court may after it shall have sentenced a child in conflict with the law and upon application at anytime placed the child on probation in lieu of service of his sentence. May an offender be released from confinement while hisapplication for Probation is pending? ans. yes, the applicant may be released under the bail he filed in the criminal case or under recognizance. How many times can one be granted Probation? ans. only once. RULES ON GRANT OF PROBATION
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After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence and place the defendant on probation, upon application by the defendant within the period for perfecting an appeal. Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only. No application for probation shall be entertained or granted if the defendant has perfected an appeal. Filing of application for probation operate as a waiver of the right to appeal. The order granting or denying probation shall not be appealable. Accessory penalties are deemed suspended once probation is granted. The convict is not immediately put on probation. There shall be a prior investigation by the probation officer and a determination by the court.
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant may be denied by the court if: 1. The offender would be better rehabilitated if he/ she is sent to prison to serve his/her sentence. 2. There is undue risk that the offender will likely commit another crime. 3. Probation will depreciate the seriousness of the offense committed.
Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its discretion, placed the accused under probation even if the sentence provided under section 11 of the act is higher than that provided under theprobation law.
What will happen if a probationer violates the conditions of probation? ans.
1. The court may modify the conditions of probation or revoke the same. 2. If the violation is serious, the court may order the probationer to serve his prison sentence. 3. The probationer may also be arrested and criminally prosecuted if the violation is a criminal offense.
The court order shall not be subject to appeal. Probation is not coterminous with its period. There must be an order issued by the court discharging the probationer. Upon finding that he has fulfilled the terms and conditions of his probation, the court may order the final discharge of the probationer. This shall have the following effects: a. case is deemed terminated. b. all civil rights suspended or lost are restored. c. offender's liability for any fine imposed is discharged.
Who are disqualified from the benefits of probation:ans. 1. Those sentenced to serve a prison term of more 6 years. 2. Those convicted of any crime against the national or the public order. 3. Those previously convicted of an offense which is punished by imprisonment of not less that one month and one day imprisonment and/or a fine of not less than P200. 4. Those who have been placed on probation once. 5. Those serving sentence. 6. Those whose conviction is on appeal. 7. Those convicted of an offense against the omnibus election code, insurgency law, wage rationalization act. There are two kinds of conditions imposed upon the offenderunder probation: 1. Mandatory or general – once violated, the probation is cancelled. 1) To report to the probation officer within 72 hours after he receives the order of the court granting probation. 2) To report to his probation officer at least once a month. 3) not to commit any other offense while on probation. 2. Discretionary or special – additional conditions which the court may additionally impose for the probationer’s correction and rehabilitation outside as the probationer’s Constitutional rights are not jeopardized. How long is the period of probation? ans. 1. not more than 2 years if the sentence of the offender is 1 year or less. 2. not more than 6 years if the sentence is more than one year. 3. When the penalty is a fine only and the offender
prison. The enumeration is not exclusive, as long
is made to serve subsidiary imprisonment, probation shall be twice the total number of days of subsidiary imprisonment What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his indeterminate sentence. Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or less or to a straight penalty or to a prison sentence without a minimum term of imprisonment. Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department of Justice. When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds that there is a reasonable probability that if released, the prisoner will be law abiding and that his release will not be incompatible with the interest and welfare of society and when a prisoner has already served the minimum penalty of his/her indeterminate sentence of imprisonment. What happens if a parolee violates the conditions of his parole?ans. he shall be rearrested and recommitted or returned to prison to served the unexpired portion of the maximum period of his sentence. What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute pardon may be granted by the president upon recommendation of the board. What is commutation of sentence? ans. it is the reduction of the period of a prison sentence. What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment imposed by a court. What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever resulting to the full restoration of his civil rights. Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of the maximum of the original indeterminate and/or definite prison term. Who may grant commutation of sentence and pardon? ans. the president. Who may file a petition for commutation of sentence? ans. the board may review the petition of a prisoner for commutation of sentence if he/she meets the following minimum requirement:
at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or the aggregate minimum of his determinate and/or prison terms. at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/offenses not punishable under RA 7659 and other special law. at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisions of article 70 of the RPC as amended. at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after January 1, 1994 and sentenced to one reclusion perpetua or one life imprisonment. at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if their sentences were adjusted to 40 years in accordance with the provision of article 70 of the RPC as amended. at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusion perpetua.
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had served his maximum sentence or granted final release and discharge or court termination of probation. Is a prisoner who is released on parole or conditional pardon with parole conditions placed under supervision? ans. yes, the prisoner is placed under the supervision of a probation and parole officer.
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976. Purpose of the law
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promote the correction and rehabilitation of an offender by providing him with individualized treatment. provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence. prevent the commission of offenses.
Probationer - a person placed on probation. Probation officer - one who investigates for the court a referral for probation or supervises a probationer or both.
The Probation administration shall be headed by the Probation administrator who shall be appointed by the president of the Philippines. There shall be an assistant probation administrator who shall assist the administrator perform such duties as may be assigned to him by the latter and as may be provided by law.
Qualifications of the Administrator and Assistant Probation Administrator.
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at least 35 years of age holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, police administration or related field. at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of supervisory experience.
Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the recommendation of the Secretary of Justice. Provincial and City Probation officer - appointed by the Secretary of justice upon the recommendation of the administrator and in accordance with civil service law and rules. Qualifications of Regional, Assistant Regional, Provincial and CityProbation officers.
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Bachelors degree with a major in social work, sociology, psychology, criminology, penology, corrections, police science, administration or related fields. at least 3 years in work requiring any of the above mentioned disciplines or is a member of the Philippine bar with at least 3 years of supervisory experience. when practicable, the provincial or city probation officer shall be appointed from among qualified residents of the province or city where he will be assigned to work.
