CRIMINAL LAW 1 – PROBATION LAW

PROBATION LAW shall have convicted and sentenced a defendant for

PRESIDENTIAL DECREE NO. 968, a probationable penalty and upon application by
AS AMENDED BY PRESIDENTIAL DECREE NO. said defendant within the period for perfecting an
1257, AND AS FURTHER AMENDED BY appeal, suspend the execution of the sentence and
BATAS PAMBANSA BLG. 76 AND place the defendant on probation for such period
PRESIDENTIAL DECREE NO. 1990 and upon such terms and conditions as it may
deem best. No application for probation shall be
ESTABLISHING A PROBATION SYSTEM, entertained or granted if the defendant has
APPROPRIATING FUNDS THEREFOR AND FOR perfected the appeal from the judgment of
OTHER PURPOSES conviction: Provided, That when a judgment of
conviction imposing a non-probationable penalty is
SEC 1. Title and Scope of the Decree. – This appealed or reviewed, and such judgment is
Decree shall be known as the Probation Law of modified through the imposition of a probationable
1976. It shall apply to all offenders except those penalty, the defendant shall be allowed to apply for
entitled to the benefits under the provisions of probation based on the modified decision before
Presidential Decree numbered Six Hundred and such decision becomes final. The application for
three and similar laws. probation based on the modified decision shall be
filed in the trial court where the judgment of
SEC 2. Purpose. – This Decree shall be conviction imposing a non-probationable penalty
interpreted: was rendered, or in the trial court where such case
(a) promote the correction and rehabilitation of has since been re-raffled. In a case involving
an offender by providing him with several defendants where some have taken further
individualized treatment; appeal, the other defendants may apply for
(b) provide an opportunity for the reformation of probation by submitting a written application and
a penitent offender which might be less attaching thereto a certified true copy of the
probable if he were to serve a prison judgment of conviction.
sentence; and The trial court shall, upon receipt of the
(c) prevent the commission of offenses. application filed, suspend the execution of the
sentence imposed in the judgment.
Section 3. Meaning of Terms. – As used in this This notwithstanding, the accused shall lose
Decree, the following shall, unless the context the benefit of probation should he seek a review of
otherwise requires, be construed thus: the modified decision which already imposes a
(a) “Probation” is a disposition under which a probationable penalty.
defendant, after conviction and sentence, is Probation may be granted whether the
released subject to conditions imposed by sentence imposes a term of imprisonment or a fine
the court and to the supervision of a only. The filing of the application shall be deemed a
probation officer. waiver of the right to appeal.
(b) “Probationer” – a person placed on An order granting or denying probation shall
probation not be appealable.
(c) “Probation Officer” – one who investigates
for the court a referral for probation or SEC 5. Post-sentence Investigation. – No person
supervises a probationer or both. shall be placed on probation except upon prior
investigation by the probation officer and a
SEC. 4. Grant of Probation. — Subject to the determination by the court that the ends of justice
provisions of this Decree, the trial court may, after it

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and the best interest of the public as well as that of SEC. 9. Disqualified Offenders. — The benefits of
the defendant will be served thereby. this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of
SEC 6. Form of Investigation Report. – The imprisonment of more than six (6) years;
investigation report to be submitted by the (b) convicted of any crime against the national
probation officer under Section 5 hereof shall be in security;
the form prescribed by the Probation Administrator (c) who have previously been convicted by final
and approved by the Secretary of Justice. judgment of an offense punished by
imprisonment of more than six (6) months
SEC 7.  Period for Submission of Investigation and one (1) day and/or a fine of more than
Report. – The probation officer shall submit to the one thousand pesos (P1,000.00);
court the investigation report on a defendant not (d) who have been once on probation under the
later than sixty days from receipt of the order of provisions of this Decree; and
said court to conduct the investigation. The court (e) who are already serving sentence at the
shall resolve the petition for probation not later than time the substantive provisions of this
five days after receipt of said report. Decree became applicable pursuant to
Pending submission of the investigation Section 33 hereof.
report and the resolution of the petition, the
defendant may be allowed on temporary liberty SEC 10. Conditions of Probation. – Every probation
under his bail filed in the criminal case; Provided, order issued by the court shall contain conditions
That, in case where no bail was filed or that the requiring that the probationer shall:
defendant is incapable of filing one, the court may (a) present himself to the probation officer
allow the release of the defendant on recognize the designated to undertake his supervision at
custody of a responsible member of the community such place as may be specified in the order
who shall guarantee his appearance whenever within 72 hours from receipt of said order;
required by the court. (b) report to the probation officer at least once a
month at such time and place as specified
SEC 8. Criteria for Placing an Offender on by said officer.
Probation. – In determining whether an offender The court may also require probationer to:
may be placed on probation, the court shall (a) cooperate with a program of supervision;
consider all information relative, to the character, (b) meet his family responsibilities;
antecedents, environment, mental and physical (c) devote himself to a specific employment
condition of the offender, and available institutional and not to change said employment without
and community resources. Probation shall be the prior written approval of the probation
denied if the court finds that: officer;
(a) the offender is in need of correctional (d) undergo medical, psychological or
treatment that can be provided most psychiatric examination and treatment and
effectively by his commitment to an enter and remain in a specified institution,
institution; or when required for that purpose;
(b) there is undue risk that during the period of (e) pursue a prescribed secular study or
probation the offender will commit another vocational training;
crime; or (f) attend or reside in a facility established for
(c) probation will depreciate the seriousness of instruction, recreation or residence of
the offense committed. persons on probation;
(g) refrain from visiting houses of ill-repute;

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(h) abstain from drinking intoxicating beverages that place, and in such a case, a copy of the
to excess; probation order, the investigation report and other
(i) permit to probation officer or an authorized pertinent records shall be furnished said Executive
social worker to visit his home and place or Judge. Thereafter, the Executive Judge to whom
work; jurisdiction over the probationer is transferred shall
(j) reside at premises approved by it and not to have the power with respect to him that was
change his residence without its prior previously possessed by the court which granted
written approval; or the probation.
(k) satisfy any other condition related to the SEC 14. Period of Probation.
rehabilitation of the defendant and not (a) The period of probation of a defendant
unduly restrictive of his liberty or sentenced to a term of imprisonment of not
incompatible with his freedom of more than one year shall not exceed two
conscience. years, and in all other cases, said period
shall not exceed six years.
SEC 11. Effectivity of Probation Order. – A (b) When the sentence imposes a fine only and
probation order shall take effect upon its issuance, the offender is made to serve subsidiary
at which time the court shall inform the offender of imprisonment in case of insolvency, the
the consequences thereof and explain that upon his period of probation shall not be less than
failure to comply with any of the conditions nor to be more than twice the total number
prescribed in the said order or his commission of of days of subsidiary imprisonment as
another offense, he shall serve the penalty imposed computed at the rate established, in Article
for the offense under which he was placed on thirty-nine of the RPC, as amended.
probation.
SEC 15. Arrest of Probationer; Subsequent
SEC 12. Modification of Condition of Probation. – Disposition. – At any time during probation, the
During the period of probation, the court may, upon court may issue a warrant for the arrest of a
application of either the probationer or the probationer for violation of any of the conditions of
probation officer, revise or modify the conditions or probation. The probationer, once arrested and
period of probation. The court shall notify either the detained, shall immediately be brought before the
probationer or the probation officer of the filing such court for a hearing, which may be informal and
an application so as to give both parties an summary, of the violation charged. The defendant
opportunity to be heard thereon. may be admitted to bail pending such hearing. In
The court shall inform in writing the such a case, the provisions regarding release on
probation officer and the probationer of any change bail of persons charged with a crime shall be
in the period or conditions of probation. applicable to probationers arrested under this
provision. If the violation is established, the court
SEC 13. Control and Supervision of Probationer. – may revoke or continue his probation and modify
The probationer and his probation program shall be the conditions thereof. If revoked, the court shall
under the control of the court who placed him on order the probationer to serve the sentence
probation subject to actual supervision and originally imposed. An order revoking the grant of
visitation by a probation officer. probation or modifying the terms and conditions
Whenever a probationer is permitted to thereof shall not be appealable.
reside in a place under the jurisdiction of another
court, control over him shall be transferred to the SEC. 16. Termination of Probation. — After the
Executive Judge of the Court of First Instance of period of probation and upon consideration of the

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report and recommendation of the probation officer, during good behavior and shall not be removed
the court may order the final discharge of the except for cause.
probationer upon finding that he has fulfilled the The Administrator shall receive an annual
terms and conditions of his probation and salary of at least forty thousand pesos. His powers
thereupon the case is deemed terminated. and duties shall be to:
The final discharge of the probationer shall (a) act as the executive officer of the
operate to restore to him all civil rights lost or Administration;
suspended as a result of his conviction and to (b) exercise supervision and control over all
totally extinguish his criminal liability as to the probation officers;
offense for which probation was granted. (c) make annual reports to the Secretary of
The probationer and the probation officer Justice, in such form as the latter may
shall each be furnished with a copy of such order. prescribe, concerning the operation,
SEC 17. Confidentiality of Records. – The administration and improvement of the
investigation report and the supervision history of a probation system;
probationer obtained under this Decree shall be (d) promulgate, subject to the approval of the
privileged and shall not be disclosed directly or Secretary of Justice, the necessary rules
indirectly to anyone other than the Probation relative to the methods and procedures of
Administration or the court concerned, except that the probation process;
the court, in its discretion, may permit the (e) recommend to the Secretary of Justice the
probationer of his attorney to inspect the appointment of the subordinate personnel of
aforementioned documents or parts thereof his Administration and other offices
whenever the best interest of the probationer make established in this Decree; and
such disclosure desirable or helpful: Provided, (f) generally, perform such duties and exercise
Further, That, any government office or agency such powers as may be necessary or
engaged in the correction or rehabilitation of incidental to achieve the objectives of this
offenders may, if necessary, obtain copies of said Decree.
documents for its official use from the proper court
or the Administration. SEC 20. Assistant Probation Administrator. – There
shall be an Assistant Probation Administrator who
SEC 18. The Probation Administration. – There is shall assist the Administrator perform such duties
hereby created under the Department of Justice an as may be assigned to him by the latter and as may
agency to be known as the Probation be provided by law. In the absence of the
Administration herein referred to as the Administrator, he shall act as head of the
Administration, which shall exercise general Administration.
supervision over all probationers. He shall be appointed by the President of
The Administration shall have such staff, operating the Philippines and shall receive an annual salary
units and personnel as may be necessary for the of at least thirty-six thousand pesos.
proper execution of its functions.
SEC 21. Qualifications of the Administrator and
SEC 19. Probation Administration. – The Assistant Probation Administrator. – To be eligible
Administration shall be headed by the Probation for Appointment as Administrator or Assistant
Administrator, hereinafter referred to as the Probation Administrator, a person must be at least
Administrator, who shall be appointed by the thirty-five years of age, holder of a master’s degree
President of the Philippines. He shall hold office or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology,

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public administration, law, police science, police (c) keep himself informed of the conduct and
administration, or related fields, and should have at condition of probationers under his charge
least five years of supervisory experience, or be a and use all suitable methods to bring about
member of the Philippine Bar with at least seven an improvement in their conduct and
years of supervisory experience. conditions;
(d) maintain a detailed record of his work and
SEC 22. Regional Office; Regional Probation submit such written reports as may be
Officer. – The Administration shall have regional required by the Administration or the court
offices organized in accordance with the field having jurisdiction over the probationer
service area patterns established under the under his supervision;
Integrated Reorganization Plan. (e) prepare a list of qualified residents of the
Such regional offices shall be headed by a province or city where he is assigned who
Regional Probation Officer who shall be appointed are willing to act as probation aides;
by President of the Philippines in accordance with (f) supervise the training of probation aides
the Integrated Reorganization Plan and upon the and oversee the latter’s supervision of
recommendation of the Secretary of Justice. probationers;
The Regional Probation Officer shall (g) exercise supervision and control over all
exercise supervision and control over all probation field assistants, probation aides and other
officer within his jurisdiction and such duties as may personnel; and
assigned to him by the Administrator. He shall have (h) perform such duties as may be assigned by
an annual salary of at least twenty-four thousand the court or the Administration.
pesos.
He shall, whenever necessary, be assisted SEC. 24. Miscellaneous Powers of Regional,
by an Assistant Regional Probation Officer who Provincial and City Probation Officers. — Regional,
shall also be appointed by the President of the Provincial or City Probation Officers shall have the
Philippines, upon recommendation of the Secretary authority within their territorial jurisdiction to
of Justice, with an annual salary of at least twenty administer oaths and acknowledgments and to take
thousand pesos. depositions in connection with their duties and
functions under this Decree. They shall also have,
SEC 23. Provincial and City Probation Officers. – with respect to probationers under their care, the
There shall be at least one probation officer in each powers of a police officer. They shall be considered
province and city who shall be appointed by the as persons in authority.
Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service SEC 25. Qualifications of Regional, Assistant
law and rules. Regional, Provincial, and City Probation Officers. –
The Provincial or City Probation Officer shall No person shall be appointed Regional or Assistant
receive an annual salary of at least eighteen Regional or Provincial or City Probation Officer
thousand four hundred pesos. unless he possesses at least a bachelor’s degree
His duties shall be to: with a major in social work, sociology, psychology,
(a) investigate all persons referred to him for criminology, penology, corrections, police science,
investigation by the proper court or the administration, or related fields and has at least
Administrator; three years of experience in work requiring any of
(b) instruct all probationers under his the abovementioned disciplines, or is a member of
supervision of that of the probation aide on the Philippine Bar with at least three years of
the terms and conditions of their probations; supervisory experience.

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Whenever practicable, the Provincial or City national, regional, provincial, and city levels for
Probation Officer shall be appointed from among effective utilization, coordination, and sustainability
qualified residents of the province or city where he of the volunteer program.
will be assigned to work.
SEC 29. Violation of Confidential Nature of
SEC 26. Organization. – Within twelve months from Probation Records. – The penalty of imprisonment
the approval of this Decree, the Secretary of ranging from six months and one day to six years
Justice shall organize the administrative structure and a fine ranging from hundred to six thousand
of the Administration and the other agencies pesos shall be imposed upon any person who
created herein. During said period, he shall also violates Section 17 hereof.
determine the staffing patterns of the regional,
provincial and city probation offices with the end in SEC 30. Appropriations. – There is hereby
view of achieving maximum efficiency and authorized the appropriation of the sum of Six
economy in the operations of the probation system. Million Five Hundred Thousand Pesos or so much
as may be necessary, out of any funds in the
SEC. 27. Field Assistants, Subordinate Personnel. National Treasury not otherwise appropriated, to
– Regional, Provincial or City Probation Officers carry out the purposes of this Decree. Thereafter,
shall be assisted by such field assistants and the amount of at least Ten Million Five Hundred
subordinate personnel as may be necessary to Thousand Pesos or so much as may be necessary
enable them to carry out their duties effectively.” shall be included in the annual appropriations of the
national government.
SEC. 28. Volunteer Probation Assistants (VPAs).
— To assist the Chief Probation and Parole SEC 31. Repealing Clause. — All laws, executive
Officers in the supervised treatment program of the orders, or administrative orders, rules and
probationers, the Probation Administrator may regulations or parts thereof which are inconsistent
appoint citizens of good repute and probity, who with this Act are hereby amended, repealed or
have the willingness, aptitude, and capability to act modified accordingly.
as VPAs.
VPAs shall not receive any regular SEC 32. Separability Clause. — If any provision of
compensation except for reasonable transportation this Act is declared invalid, the provisions hereof
and meal allowances, as may be determined by the not affected by such declaration shall remain in full
Probation Administrator, for services rendered as force and effect.
VPAs.
They shall hold office for a two (2)-year term SEC 33. Effectivity. — This Act shall take effect
which may be renewed or recalled anytime for a immediately after its publication in the Official
just cause. Their functions, qualifications, Gazette or in two (2) newspapers of general
continuance in office and maximum case loads circulation.
shall be further prescribed under the implementing
rules and regulations of this Act. Act Amendments
There shall be a reasonable number of SEC. 9. Appropriations Clause. — The amount
VPAs in every regional, provincial, and city necessary to carry out the provisions of this Act
probation office. In order to strengthen the shall be included in the General Appropriations Act
functional relationship of VPAs and the Probation of the year following its enactment into law.
Administrator, the latter shall encourage and
support the former to organize themselves in the

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SEC. 10. Implementing Rules and Regulations. Procedure in applying for probation:

— Within sixty (60) days from the approval of this 1. Within the period for perfecting an appeal,
Act, the Department of Justice shall promulgate an application for probation must be filed
such rules and regulations as may be necessary to with the trial court.
carry out the provisions of this Act. 2. Upon receipt of the application for
SEC. 11.  probation, the court shall suspend the
execution of the sentence.
Probation, defined. 3. The court shall issue an order to probation
Probation is a disposition under which a officer to conduct a post-sentence
defendant, after conviction and sentence, is investigation.
released subject to conditions imposed by the court 4. Pending submission of the investigation
and to the supervision of a probation officer. report and the resolution of the petition, the
defendant may be allowed on temporary
Nature of order granting probation liberty under his bail filed in the criminal
Baclayon vs. Mutia, No. L-59298 case. If no bail was filed or the defendant is
An order placing defendant on "probation" is incapable of filing one, the court may allow
not a "sentence" but in effect, a suspension of the the release of the defendant on
imposition of sentence. It is not a final judgment but recognizance to the custody of a
is an "interlocutory judgment" in the nature of a responsible member of the community who
conditional order placing the convicted defendant shall guarantee his appearance whenever
under the supervision of the court for his required by the court.
reformation, to be followed by a final judgment of 5. The probation officer shall submit to the
discharge, if the conditions of the probation are court the investigation report on a defendant
complied with, or by final judgment of sentence if not later than 60 days from receipt of the
conditions are violated. order of said court to conduct the
investigation.
Purpose of establishing a probation system 6. The court shall resolve the application for
(a) promote the correction and rehabilitation of probation not later than 15 days after receipt
an offender by providing him with of said report.
individualized treatment; 7. If application is granted, the court shall
(b) provide an opportunity for the reformation of issue a probation order.
a penitent offender, which might be less
probable if he were to serve a prison Time for filing application; purpose and effect
sentence; and Palo vs. Militante, G.R. No. 76100
(c) prevent the commission of offenses. What the law requires is that the application
for probation must be filed within the period for
Penalty, to be entitles to probation perfecting an appeal. The need to file it within such
Probation may be granted even if the period was intended to encourage offenders, willing
imposed is fine, but with subsidiary imprisonment. to be reformed and rehabilitated, to avail of
The maximum term of imprisonment imposed probation at the first opportunity. Such provision
should not exceed 6 years. Those sentenced to was never intended to suspend the period for the
serve a maximum term of imprisonment of more perfection of an appeal, and the filing of the
than 6 years are disqualified from availing of application for probation operates as a waiver of
probation. the right to appeal.

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Where application for probation filed Since ‘probation is an island of technicalities

An application for probation shall be filed surrounded by sea of discretion’, it should,
with the trial court which rendered the judgment. therefore, be liberally construed in favor of the
If application is based on a modified accused. Having opted to discontinue with the
decision imposing a probationable penalty, it shall application for probation in its initial stages and
be filed in the trial court where the judgment of prior to the submission of a post sentence
conviction imposing a non-probationable penalty investigation report and within the period interposed
was rendered, or where such case has been re- an appeal from the adverse decision, petitioners
raffled. should be allowed to withdraw their application for
probation and pursue their right to appeal
General Rule – Convict who filed an application therefrom.
for probation cannot appeal.
The filing of the application for probation is a Application for probation involving several
waiver of the right to appeal. defendants where some have appealed
Defendants who did not file an appeal may
Exception – Convict may file for probation if apply for probation by submitting a written
appeal is for conviction imposing a non- application and attaching a certified true copy of the
propbationable penalty modified on appeal to a judgment of conviction.
probationable penalty
When a judgment of conviction imposing a Criteria for placing an offender on probation
non-probationable penalty is appealed or reviewed, The court shall consider all information relative to:
and such judgment is modified through the (a) character,
imposition pf a probationable penalty, the (b) antecedents,
defendant shall be allowed to apply for probation (c) environment,
based on the modified decision before such (d) mental condition,
decision is final. (e) physical condition of the offender,
The benefit of probation shall be lost if a (f) and (2) available institutional and
review of the modified decision which already community resources.
imposes a probationable penalty is sought.
When probation shall be denied
Waiver of right to appeal, revocable Probation shall be denied if the court finds that:
There can be no real reformation of a (a) the offender is in need of correctional
wrongdoer which is the reason for probation unless treatment that can be provided most
there is a willingness on his part to right the wrong effectively by his commitment to an
he has committed. Probation is envisioned for the institution; or
accused. He may or may not avail of the benefits. (b) there is an undue risk that during the period
Although probation is founded on consent, of probation, the offender will commit
waiver and/or contract, public policy requires that another crime; or
interpretational objectives set forth in Sec. 2 of P.D. (c) probation will depreciate the seriousness of
968 be given full effect. Probation cannot therefore the offense committed.
be forced or compelled on a convict. To permit this
would only serve to invite its violation. A greater Amandy vs. People, No. L-76258
emphasis should be in securing the probationer’s The grant or denial of an application for
effective participation in society’s social institution. probation does not rest solely on the offender's
potentiality to reform but also on the observance of

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demands of justice and public interest. These are (e) those who are already serving sentence at
expressed in statutes enacted by the lawmaker. the time the substantive provisions of the
Decree became applicable pursuant to
Discretion of the court on probation Section 33 thereof.
Amandy vs. People, No. L-76258
Even if a convicted person falls within the Previous offense punished by imprisonment of
classes of those qualified for probation, the grant of not less than 1 month and 1 day and/or a fine of
probation is not automatic or ministerial. Probation not more than P1,000
is a privilege and its grant rests upon the discretion A was previously sentenced for an offense
of the court. The discretion is exercised primarily for punished by 30 days imprisonment and/or by a fine
the benefit of society as a whole and only of P100.00. A may be placed on probation, if
secondarily for the personal advantage of the convicted of a new offense. But if A was previously
accused. sentenced to 1 month 1 day imprisonment and/or to
pay a fine of P2,000, he is disqualified from being
Resolution on application for probation is not placed on probation if convicted of a new offense.
appealable except when there is grave abuse of
discretion Effect of multiple prison terms on eligibility for
People v. Balleta probation
Petitioner was accused of consented Multiple prison terms imposed against an
abduction. Upon filing a petition for probation, the accused found guilty of several offenses in one
probation officer recommended favorable action. decision are not, and should not be added up.
However, the trial court denied the petition on the The sum of the multiple prison terms
ground that it would be better for the accused if he imposed against an applicant should not be
served his sentence so that he could reform determinative of his eligibility for, nay his
himself, correct his selfish tendencies, and avoid disqualification from, probation.
the scandal in the community that would be caused The multiple prison terms are distinct from
by the grant of probation so that the sanctity of each other, and if none of the terms exceeds the
marriage and the dignity of womanhood would be limit set out in the Probation Law, i.e., not more
upheld. The trial court abused its discretion in not than 6 years, then he is entitled to probation, unless
granting probation. he is otherwise specifically disqualified.
The number of offenses is immaterial as
Who are the offenders disqualified from being long as all the penalties imposed, taken separately,
placed on probation? are within the probationable period.
(a) those sentenced to serve a maximum term The Probation Law, as amended,
of imprisonment of more than six years; disqualifies only those who have been convicted of
(b) those convicted of subversion or any crime grave felonies as defined in Article 9 in relation to
against the national security or public order; Article 25 of the RPC, and not necessarily those
(c) those who were previously convicted by who have been convicted of multiple offenses in a
final judgment of an offense punished by single proceeding who are deemed to be less
imprisonment of not less than one month perverse. Hence, the basis of the disqualification is
and one day and hundred pesos; or a fine of principally the gravity of the offense committed and
not more than two the concomitant degree of the penalty imposed.
(d) those who have been once on probation Those sentenced to a maximum term not
under the provisions of the Decree; and exceeding 6 years are not generally considered

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callous, hard core criminals, and thus may avail of correction and rehabilitation outside of prison. The
probation. enumeration, however, is not inclusive.
Probation statutes are liberal in character
Probation under R.A. 9165 and enable courts to designate practically any term
The Comprehensive Dangerous Drugs Act it chooses as long as the probationer's
makes the Probation Law inapplicable to persons constitutional rights are not jeopardized. There are
convicted of drug trafficking or pushing, regardless innumerable conditions which may be relevant to
of the penalty imposed by court (Sec 24) However, the rehabilitation of the probationer when viewed in
a first-time minor offender may avail of probation of their specific individual context. It should, however,
the crimes of possession or use of dangerous be borne in mind that the special or discretionary
drugs, even if the sentence provided under the Act conditions of probation should be realistic,
is higher than that provided under the existing law purposive and geared to help the probationer
on probation. (Sec. 70, in rel. to Sec. 66 & 68) develop into a law-abiding and self-respecting
individual.
What are the conditions of probation?
Every probation order issued by the court Baclayon vs. Mutia, No. L-59298
shall contain conditions requiring the probationer to: Conditions should be interpreted with
(a) present himself to the probation officer flexibility in their application and each case should
designated to undertake his supervision at be judged on its own merits — on the basis of the
such place as may be specified in the order problems, needs and capacity of the probationer.
within 72 hours from receipt of the order; The liberality of the probation should not be made a
(b) report to the probation officer at least once a tool by courts to stipulate instead unrealistic terms.
month at such time and place as specified
by said officer. Example of condition that may not be imposed
The court may also require the probationer Baclayon vs. Mutia, supra
to do any of those enumerated in sub-paragraphs The court may not impose as a condition for
(a) to (k) of Section 10 of the Decree. the grant of probation that the probationer should
refrain from continuing her teaching profession.
Mandatory and discretionary conditions
The conditions which trial courts may Effect of probation on accessory penalties
impose on a probationer may be classified into Baclayon vs. Mutia, supra, at 154
general or mandatory and special or discretionary. Accessory penalties are deemed
The mandatory conditions, enumerated in Section suspended once probation is granted.
10 of the Probation Law, require that the
probationer should (a) present himself to the How long may a convict be placed on
probation officer designated to undertake his probation?
supervision at such place as may be specified in 1. If the convict is sentenced to a term of
the order within 72 hours from receipt of said order, imprisonment of not more than one year,
and (b) report to the probation officer at least once the period of probation shall not exceed two
a month at such time and place as specified by said years.
officer. 2. In all other cases, if he is sentenced to more
Special or discretionary conditions are those than one year, said period shall not exceed
additional conditions, listed in the same Section 10 six years.
of the Probation Law, which the courts may 3. When the sentence imposes a fine only and
additionally impose on the probationer towards his the offender is made to serve subsidiary

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imprisonment, the period of probation shall contested hearing. If the violation is established,
be twice the total number of days of the court may revoke or continue his probation and
subsidiary imprisonment. modify the conditions. If revoked, the court shall
order the probationer to serve the sentence
The effects of violation of probation order originally imposed. An order revoking the grant of
Upon the failure of the probationer to probation or modifying the terms and conditions
comply with any of the conditions prescribed in the thereof shall not be appealable.
order, or upon his commission of another offense,
he shall serve the penalty imposed for the offense Notes:
under which he was placed on probation. 1. The violation of the conditions of probation
must be serious to justify the issuance of a
Revocation of probation warrant of arrest.
Petitioner does not deny the fact that he has 2. The defendant may be admitted to bail
been convicted, and that he has served out his pending hearing.
sentence for another offense while on probation. 3. The hearing is summary in nature, but the
Consequently, his commission of another offense is probationer shall have the right to be
a direct violation of Condition No. 9 of his Probation informed of the violation charged and to
Order. Sec 11 of the Probation Law provides that adduce evidence in his favor.
the commission of another offense shall render the 4. Court is not bound by the technical rules of
probation order ineffective. Based on the foregoing, evidence.
the CA was correct in revoking the probation of 5. If the violation is established, the court may
petitioner and ordering him to serve the penalty for revoke or continue his probation and modify
the offense for which he was placed on probation. the conditions thereof.
6. If revoked, the court shall order the
When may a probationer be arrested, and what probationer to serve the sentence originally
is the disposition once he is arrested? imposed.
At any time during probation, the court may 7. The order revoking the grant of probation or
issue a warrant for the arrest of a probationer for modifying the term and conditions thereof is
any serious violation of the conditions of probation. not appealable.
The probationer, once arrested and detained, shall
immediately be brought before the court for a When and how probation is terminated, and
hearing of the violation charged. The defendant what are the effects of the termination?
may be admitted to bail pending such hearing. In After the period of probation and upon
such a case, the provisions regarding release on consideration of the report and recommendation of
bail of persons charged with a crime shall be the probation officer, the court may order the final
applicable to probationers arrested under this discharge of the probationer upon finding that he
provision. has fulfilled the terms and conditions of his
In the hearing, which shall be summary in probation and thereupon the case is deemed
nature, the probationer shall have the right to be terminated.
informed of the violation and to adduce evidence in The final discharge of the probationer shall
his favor. The court shall not be bound by the operate to restore to him all civil rights lost or
technical rules of evidence but may inform itself of suspended as a result of his conviction and to fully
all the facts which are material to ascertain the discharge his liability for any fine imposed as to the
veracity of the charge. The State shall be offense for which probation was granted.
represented by a prosecuting officer in any

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Bala vs. Martinez, G.R. No. 67301 the expiration of the period allowed for appeal,
The expiration of the probation period alone suspend the execution of any penalty or part so
does not automatically terminate probation. imposed, subject to such condition as he may
Probation is not coterminous with its period. There prescribe.
must first be issued by the court, an order of final The application of Section 106 of the
discharge based on the report and Administrative Code of Mindanao and Sulu is
recommendation of the probation officer. Only from discretionary to the court
such issuance can the case of the probationer be People vs. Pawin, 85 Phil. 528, 532
deemed terminated. In the imposition of penalty to non-Christian
inhabitants, it is within the discretion of the trial
Effect of final discharge of probationer court to apply the special provision of Section 106
Prior to the amendment of P.D. 968 by R.A. of the Administrative Code of Mindanao and Sulu.
10707, the final discharge operated to restore all
civil rights and to fully discharge operated to restore People vs. Disimban, 88 Phil. 120, 124
all civil rights and to fully discharge his liability for Where the accused-appellant is a
any fine imposed. The amendment by R.A. 10707 Mohammedan, inhabitant of Mindanao, the penalty
totally extinguished his criminal liability, instead of to be imposed upon him, regardless of the
merely fully discharging his liability for fine attending circumstances, lies in the discretion of the
imposed. trial court pursuant to Section 106.
Extinction of criminal liability does not
necessarily mean that civil liability is extinguised. People vs. Cawol [Unrep.], 96 Phil. 972
In the Administrative Code of Mindanao and
Probation affects only the criminal aspect Sulu, the court is granted discretion to impose the
Budlong vs. Apalisok, No. L-60151 proper penalty taking into account the degree of
The suspension of the sentence imposed on instruction of the Moros without following a fixed
the accused who is granted probation has no rule. The Igorots are in worse condition than the
bearing on his civil liability. The court must hear the Moros; the latter are Mohammedans and the former
civil aspect. Pagans; their culture in embryonic stage is subject
to their savage spirit. The lack of instruction among
Penalty on Moros and Non-Christians (Sec. 106, the Igorots should be considered as mitigating.
Administrative Code of Mindanao and Sulu)
SEC 106. Sentences upon Moros and Non- People vs. Salazar, 105 Phil. 1058, 1065
Christians. — In pronouncing sentence upon a He cannot even invoke in his favor what
Moro or other non-Christian inhabit- ants of the Sec. 106 of the Administrative Code of Mindanao
Department convicted of crime or misdemeanor, and Sulu accords to a Moro who commits a crime
the judge or justice may ignore any minimum and is convicted, for even then, said section gives
penalty provided by law for the offense, and may to the court ample discretion to determine the
impose such penalty not in excess of the highest penalty to be imposed considering the
pen- alty provided by law, as, in his opinion, after circumstances of the case, the degree of his
taking into consideration all the circumstances of instruction, and the nature of the crime committed,
the case, including the state of enlightenment of the the court being justified in imposing the penalty
accused and the degree of moral turpitude which which would best serve the interest of justice. This
attaches to the offense among his own people, will is a case where the degree of perversity of the
best subserve the interest of justice. The judge or criminal warrants not mercy but the enforcement of
justice may also, in his discretion at any time before the law to the full extent.

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