PROBATION LAW- July 24, 1976 Probation is a dis dispos positi ition, on, under under which which a defendant after conviction and sentence, is released released subject to the condition conditions s imposed imposed by the the Cour Courtt and and to the the supe superv rvis isio ion n of a probation ocer o cer..
resour resources. ces. Probation Probation shall shall be denied denied if the court nds that: &a* the the oend oender er is in need need of corr correct ection ional al treatment that can be provided most eectively by his commitment to an institution; institution; or
The purpose purpose of the law are: are: 1. Promote the correction and rehabilitation by providing the oender with individuali!ed individuali!ed treatment.
&b* there is undue ris< that during the period of probation the oender will commit another crime; or
". Prov Provid ide e an oppor opportu tuni nity ty for for the refor eforma mati tion on of an oen oende derr whic which h might be less probable if he were to serve a prison sentence.
&c* probation will depreciate the seriousness of the oense committed.
#. Prevent oenses.
the
commission
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The trial court may, after it shall have convicted convicted and sentenced sentenced a defendant defendant,, and upon upon appli applicat cation ion by said said defend defendant ant withi within n the the peri period od for for perf perfec ecti ting ng an appe appeal al,, suspend sus pend the e$ecuti e$ecution on of the sentence sentence and place the defendant on probation. %o application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of conviction. &P' 1(() 1( ()** +n othe otherr wor words ds,, the the lin ling g of the the application for probation is considered as a waiver of the right of the accused to appeal. &-(, 1((" ar* /n applic applicati ation on for prob probati ation on shall shall be led led with ith the the tria triall cour court. t. The lin ling g of the the application shall be deemed a waiver of the right to appeal. /n order order granting or denying probation probation shall not be appealable. 0owever, an outright denial by the court is a nullity corr correctibl ectible e by certio certiorar rari. i. &'e u una na v. 0on. 0on. 2edina, C/ 34 56 7((* 7((* /n accused must fall within any one of the dis8ualication dis8ualication in order to be denied probation. &alleta v. eviste, (" 9C/ 31(* &-1#, 1((1 ar*
S!tion "# $ritria %or Pla!in& an O'n O' n( (r on Prob Probat atio ion# n# +n determin determining ing whet whethe herr an oen oende derr may may be plac placed ed on probati bation on,, the the cour courtt shall hall cons nsid ider er all all info inform rmat atio ion n relat elativ ive, e, to the the char charac acte ter, r, ante antece cede dent nts, s, envi envirronme onment nt,, ment mental al and and phys physic ical al cond condit itio ion n of the the oen oende der, r, and and avai availa labl ble e inst instit itut utio iona nall and and comm commun unit ity y
The dis8ualied dis8ualied oenders are: 1. 9ent 9enten ence ced d to serv serve e a ma$i ma$imu mum m term of imprisonment of more than = years. / penalty of si$ years and one day is not entitled to the benets of the law. &-#, 1((7 ar; -1", 1(() 1(() ar* +n >rancisco >rancisco v. v. C/, "?# 9C/ #4?, the 9upreme Court held that in case of one decision imposing multiple prison terms, the totality of the prison terms should not be ta
7. Bho are already serving sentence at the time of the eectivity of the 'ecree. D$cept for the reasons specied by the law, a trial court should not deny a petition for probation, especially when the probation ocer has favorably recommended the grant of probation. Dven if at the time of conviction the accused was 8ualied for probation but at the time of his application for probation, he is no longer 8ualied, he is not entitled to probation. The 8ualication for probation must be determined as of the time the application is led in court. &ernardo v. Eudge alagot, 4=7=1, %ov. 1), 1(("* 9upposing, an accused was convicted of a crime for which he was sentenced to a ma$imum sentence of 1) years. Bhile arming the judgment of conviction, the appellate court reduced the penalty to a ma$imum of ? years and ? months tarancisco v. C/; 'e la Cru! v. Eudge Callejo* &-#, 1((7 ar; -13, 1((? ar* The probationer shall: 1. Present himself to the probation ocer within 3" hours from receipt of probation order. ". eport himself to the probation ocer at least once a month during the period of probation. The court, after considering the nature and seriousness of the violations of probation &if any*, may issue a warrant for the arrest of the probationer. 0e is then brought to the court immediately for hearing, which is summary. +f violation is established, the Court may revo
shall commit the probationer. the court is not appealable.
The order of
/ nal discharge of probation shall operate to restore to the probationer all civil rights lost or suspended as a result of the conviction and to full discharge of his liability for any ne imposed. Fnder the Probation aw what is suspended is the e$ecution of the sentence, while under P' =)#, as amended, what is suspended is the pronouncement of the sentence upon re8uest of the youthful oender. The suspension of the sentence, however, has no bearing on the civil liability, which is separate and distinct from the criminal action. &udlong v. /paliso<, "" 9C/ (#7* The provisions of the Probation aw should be liberally construed in order that the objective should be reali!ed and achieved. &9antos v. 0on. Pano, 771#), Ean. 13, 1(4#* +n probation, the imposition of the sentence is suspended and li
PRO$)*+R) OR APPLI$ATION •
• •
•
/pply within 17 days from promulgation of judgment >iling is waiver of right to o /PPD/ PostGsentence investigation 9ubmission of investigation report not later than =) days from receipt of order to conduct investigation, C5FT will resolve application not later than 17 ' from receipt thereof. Pending investigation and resolution, accused may be temporarily released &if there is already a bail, then on same bail*
NOTA BENE:
If the accused is convicted and sentenced to multiple penalties, the periods are not added up. Only the maximum shall be considered.
($) reside at premises approved by it and not to change his residence without its prior written approval; or
Once probation period is terminated, the accused is restored to all his civil rihts lost or suspended.
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.
Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the probationer shall: Section 10.
(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within seventy-two hours from receipt of said order;
HH the court +9 not bound by technical rules of evidence, hearing shall be summary in nature. HH Probationary ocer, upon the probationary. Section
(b) report to the probation officer at least once a month at such time and place as specified by said officer. he court may also require the probationer to: (a) cooperate with a program of supervision;
15. Arrest
of Probationer; Subsequent Disposition. %t any time during probation! the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.
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(b) meet his family responsibilities;
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(c) devote himself to a specific employment and not to change said employment without the prior written approval of the probation officer;
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(d) undergo medical! psychological or psychiatric e"amination and treatment and enter and remain in a specified institution! when required for that purpose; (e) pursue a prescribed secular study or vocational training;
1. P5/T+5% /B (f) attend or reside in a facility established for instruction! recreation or residence of persons on probation; (g) refrain from visiting houses of ill-repute; (h) abstain from beverages to e"cess;
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(i) permit to probation officer or an authori#ed social worker to visit his home and place or work;
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