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CA 2 Midterm
CA 2 Midterm
LESSON’S:
1. Probation
When the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor more than twice the total number
Introduction:
Probation as a term was derived from the Latin verb “probare” which means to prove or
to test, which was coined by John Augustus. The Law defined probation as a disposition, under which a
convicted individual is released subject to the condition imposed by the Court and to the supervision of a
probation officer.
Objective: at the end of the lesson the students are expected to;
Discuss Probation
Enumerate and memorized the laws that amends on PD 968
Enumerate and differentiate the forerunners of probation
Discuss the Characteristics, Philosophy, and concept of Probation
Enumerate, and memorized the Pioneers in the Field of Probation
Discuss the advantages of Probation
Discussion;
PROBATION
Predecessors of Probation
Money Compensation
Cities of Refuge
Benefit of the Clergy
Judicial Reprieve
Banishment
Recognizance
PROBATION - 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
PD 1257 – effectivity date, 01 December 1977; amended the period within which application for
probation must be made
BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for qualification for
probation
PD 1990 - effectivity da te, 15 January 1986; amended BP 76 back to original form and made
probation and appeal exclusive remedies
Republic Act No. 10707 – An Act Amending PD.No 968, as Amended – This Act which is
consolidated of Senate Bill No. 2280 and House Bill No. 4147, passes on the Senate and House
of Representatives. It was sign and approved on November 26,2015 by President Benigno S.
Aquino III
Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 – amended Section 4 of
PD 968.
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FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member of
the clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop
or chaplain representing him, on the ground that he, the prisoner, was subject to the authority of
the ecclesiastical courts only.
2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after judgment; as where the
judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or
he is doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or
any favorable circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
It originated as a measure of preventive justice, involving the release of the person
accused of committing a crime to the custody of a person of reputable character, who shall have
the responsibility of bringing the accused to court whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for
supplying new colonies with cheap labor. It was also an attempt to substitute for brutal
punishment at home and an opportunity for rehabilitation in a new country.
EDWARD H. SAVAGE an ex-chief of Police in Boston named as the first probation officer.
In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the
following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws
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1. A more enlightened and humane correctional system;
2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment programs instead of
imprisoning them;
5. Limited to offenders who are likely to respond thereto favorably;
6. The method is less costly than confinement.
BENEFITS OF PROBATION
Probation protects society
From the excessive costs of detention
From the high rate of recidivism of detained offenders
ADVANTAGES OF PROBATION
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1. Probation prevents crime by offering freedom and aid only to those offenders who are not likely
to assault the society again.
2. It protects the society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
3. It conforms to modern humanistic trends in penology.
4. It prevents youthful or first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expense in maintaining jails.
6. It reduces recidivism and overcrowding in jails and prisons.
7. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights.
11. It has been proven effective in developing countries that have adopted it.
NECESSITY OF APPLICATION
Probation may not be granted except upon application of the defendant.
EFFECT ON APPEAL
The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such
case the accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to
appeal.
FORM OF APPLICATION
The law does not prescribe any particular form and therefore it may be in any form, written or
oral. For recording purposes, however, oral applications should be reduced to writing.
The probation officer shall submit to the court the investigation report on an applicant not later
than sixty (60) days from receipt of the order of the said court to conduct the investigation.
The court shall resolve the petition for probation not later than fifteen (15) days after receipt of
said order.
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DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR
INVESTIGATION
However, there is nothing in the law which requires that such an investigation should be
conducted in every case as an essential condition before the court may deny an application for probation.
If there is an application and the defendant does not appear to be disqualified, the court may order
such investigation only after a sentence of conviction by the trial court for the reason that the same would
be premature if made prior to said conviction, considering that the judgment might eventually be an
acquittal or, even if it be conviction, the court might find as a fact in its decision that the defendant is a
disqualified offender, in either of which cases the order for investigation would serve no purpose.
Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence
investigation; meaning that the investigation is after, not before, the sentence. The sentence referred to is
the sentence of the trial court.
SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources, as
well as all other matters bearing the following questions:
(a) Whether or not the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the offender will commit
another crime;
(c) Whether or not probation will depreciate the seriousness of the offense committed.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in the investigation of a
petitioner. The constitutional guarantee of right to counsel will not apply because the investigation by the
probation and parole officer is neither prosecutory nor accusatory in character.
NO SUBPOENA POWERS
Probation and parole officer are not clothed with subpoena powers under the Probation Law.
There is nothing to prevent them, however, from requesting the court to issue subpoenas requiring the
attendance of witnesses in their investigations.
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HEARING NOT REQUIRED
There is nothing in the Probation Law which requires the court to set for hearing the investigation
report or the application for probation, although it may of course, in its discretion do so, preserving at all
times, however, the confidentiality of the report.
The court is mandated to resolve the petition for probation not later than 15 days after receipt of
the investigation report. The period, however, seem to be merely directory, not mandatory.
PROBATION DISCRETIONARY
Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part
of the court.
Offenders covered
The Decree declares, “it shall apply to all offenders”.
1. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended
(otherwise known as the Child and Youth Welfare Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the
“similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he has not
been convicted and sentenced.
3. An offender who is already serving sentence or is otherwise specifically disqualified under Sec.
9.
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4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which state, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not less
than 1 year but not more than 6 years and shall not be subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985) states
“The provisions of PD 968, as amended shall not apply in cases of violations of this Decree,
including its implementing rules and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.
DISQUALIFIED OFFENDERS
Sec. 9. Disqualification Offenders – The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six
years;
(b) convicted of subversion or any crime against the national security or
public order;
(c) who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree;
and
(e) who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Sec. 33 hereof
The court shall deny an application for probation whenever it finds that:
a.the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b.there is undue risk that during the period of probation the offender will commit another crime;
c. probation will depreciate the seriousness of the offense committed.
PERIOD OF PROBATION
a. The period of probation of a defendant sentenced to a term of imprisonment of not more than one
(1) year shall not exceed two (2) years, and in all other cases, said period shall not exceed six (6)
years.
b. of days of subsidiary imprisonment as computed in the rate established in Art. 39 of the Revised
Penal Code, as amended.
CONDITIONS OF PROBATION
1. General or Mandatory Conditions
Present himself to the probation (and parole) officer designated to undertake his
supervision at such place as may be specified in the order within 72 hours from receipt of
said order;
Report to the probation (and parole) officer at least once a month at such time and place
as specified by the said officer.
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(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 drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social worker to visit his home
and place of work;
(j) reside at premise approved by it and not to change his residence without its prior written
approval; or
(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
During the period of probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions of probation.
The court shall inform in writing the probation officer and the probationer of any change in the period
and conditions of probation.
REVOCATION OF PROBATION
Concept of violation of probation
“A violation of probation shall be understood to mean any act or any commission on the part of
the probationer with respect to the terms and conditions specified in the probation order.
TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the
probation and parole officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.
CONFIDENTIALITY OF RECORDS
The probation records may be found, firstly, in the court concerned. Secondly, in the office of the
Chief Probation and Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these
records are being forwarded to the Regional Parole and Probation Office and the Parole and Probation
Administration (Central Office).
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Activity: Essay
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