Professional Documents
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Probation Law of The Philippines
Probation Law of The Philippines
Discharge
What is Probation? ans.- is a disposition under which a defendant after conviction and sentence is released su
Who can apply for Probation? ans. any first time convicted offender who 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 W
Where shall an application for Probation be filed? ans. the application shall be filed with the court that tried
What will happen if the application for Probation is denied? ans. the offender will be sent by the sentencin
When should an application for Probation be filed? ans. anytime before the offender starts serving his sente
May an offender be released from confinement while his application for Probation is pending? ans. yes, t
How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sent
2. Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only.
3. No application for probation shall be entertained or granted if the defendant has perfected an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by the probation o
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the applicant m
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 d
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 dis
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.
What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his indeter
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one year or les
Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Department o
When may a prisoner be granted parole? ans. whenever the board of pardon and parole finds that there is a
What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested and recommitted
What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute p
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 impo
What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is
Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of the maxi
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
at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/
at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisi
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if th
at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusio
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had serve
Is a prisoner who is released on parole or conditional pardon with parole conditions placed under superv
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.
Purpose of the law
1. promote the correction and rehabilitation of an offender by providing him with individualized treatmen
2. provide an opportunity for the reformation of a penitent offender which might be less probable if he we
3. 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 bo
The Probation administration shall be headed by the Probation administrator who shall be appointed by
There shall be an assistant probation administrator who shall assist the administrator perform such dutie
2. holder of a masters degree or its equivalent in either criminology, social work, corrections, penology, ps
3. at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of s
Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the
Provincial and City Probation officer - appointed by the Secretary of justice upon the recommendation of the
Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.
1. Bachelors degree with a major in social work, sociology, psychology, criminology, penology, correction
2. at least 3 years in work requiring any of the above mentioned disciplines or is a member of the Philippi
when practicable, the provincial or city probation officer shall be appointed from among qualified resid