PROBATION LAW

PD 968 as amended
Purpose

(a) Promote the correction and rehabilitation of an offender by

providing him with individualized treatment;

(b) Provide an opportunity for the reformation of a penitent offender

which might be less probable if he were to serve a prison sentence;

(c) Prevent the commission of offenses.

 [Section 2, P.D. No. 968]

Pedro Santos To v. Hon. Judge Ernani
Cruz-Paño, G.R. No. L-55130, January
17, 1983
What the law gives more importance to is the offender, not
the crime.

Reformation is what the law is more, if not solely, concerned

with, not the prevention by means of punitive measures, of
the commission of the offense.
Definition of terms

• 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. 
• Probationer means a person placed on probation.
• Probation Officer means one who investigates for the court a
referral for probation or supervises a probationer or both.

[Section 3, P.D. No. 968]

 Pablo Francisco v. Court of appeals,
G.R. No. 108747, April 6, 1995
• Probation is a mere privilege, not a right. But rather an act of grace
and clemency or immunity conferred by the state.

• The grant of probation rests solely upon the discretion of the court
which is to be exercised primarily for the benefit of organized
society, and only incidentally for the benefit of the accused.

• Its benefits cannot extend to those not expressly included and no

person should benefit from the terms of the law who is not clearly
within them.
Grant of Probation, Manner, and Conditions

• An application for probation shall be filed with the trial court,

with notice to the appellate court if an appeal has been
taken from the sentence of conviction. The filing of the
application shall be deemed a waiver of the right to appeal,
or the automatic withdrawal of a pending appeal. [Section
4, P.D. No. 968]

• No person shall be placed on probation except upon prior

investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served
thereby. [Section 5, P.D. No. 968]
Arnel Colinares v. People, G.R. No. 182748,
December 13, 2011

• The Supreme Court held that the accused should be

granted probation although he appealed from the judgment
of conviction.

• Probation should be availed of at the first opportunity by

convicts who are willing to be reformed and rehabilitated;
who manifest spontaneity, contrition and remorse.
Dimakuta vs. People
GR 206513, Oct. 20, 2015

• An accused may still be allowed to apply for probation even if he has filed a
notice of appeal, provided that such appeal categorically states that it is
limited to the following grounds:
1. The appeal is merely intended for the correction of the penalty imposed by
the lower court, which when corrected would entitle the accused to apply
for probation; and
2. The appeal is merely intended to review the crime for which the accused
was convicted and that the accused should only be liable to the lesser offense
which is necessarily included in the crime for which he was originally
convicted and the proper penalty imposable is within the probationable period.
Lourdes Sable v. People, et al., G.R.
No. 177961, April 7, 2009

• The law expressly requires that an accused must not have

appealed his conviction before he can avail himself of
probation. This outlaws the element of speculation on the
part of the accused that when his conviction is finally
affirmed on appeal, he now applies for probation as an
"escape hatch”.
•  To put a stop to the practice of appealing from judgments
of conviction even if the sentence is probationable, for the
purpose of securing an acquittal and applying for the
probation only if the accused fails in his bid
Criteria of Placing an Offender On Probation

(1) the offender is in need of correctional treatment that can

be provided most effectively by his commitment to an
institution; or
(2) there is undue risk that during the period of probation
the offender will commit another crime;
(3) probation will depreciate the seriousness of the offense
committed. 
[Section 8, P.D. No. 968]
Disqualified Offenders

1.  Those sentenced to serve a maximum term of imprisonment of more than six years;
2.  Those convicted of any offense against the security of the State;

3.  Those 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;

4.  Those who have been once on probation under the provisions of this Decree; and
5.  Those who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof. 
[Section 9, P.D. No. 968]
ALEJANDRA PABLO vs. HON. SILVERIO Q. CASTILLO
G.R. No. 125108. August 3, 2000

It is well-settled that the probation law is not a penal statute

and therefore, the principle of liberal interpretation is
inapplicable.
The conditions which trial courts may impose

Mandatory
(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;
(b) report to the probation officer at least once a month at such time
and place as specified by said officer.
[Section 10, P.D. No. 968]
 Special or discretionary conditions
(1) cooperate with a program of supervision;
(2) meet his family responsibilities;
(3) devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;
(4) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(5) pursue a prescribed secular study or vocational training;
(6) attend or reside in a facility established for instruction, recreation or residence of persons on probation
(7) refrain from visiting houses of ill-repute;
(8) abstain from drinking intoxicating beverages to excess;
(9) permit the probation officer or an authorized social worker to visit his home and place of work;
(10) reside at premises approved by it and not to change his residence without its prior written approval;
or
(11) 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. [Section 10, P.D. No. 968]
Agustin Salgado v. Court of Appeals, G.R. No. 89606,
August 30, 1990

Listed in the same Section 10 of the Probation Law, The

enumeration, however, is not inclusive.

Probation statutes are liberal in character and enable courts to

designate practically any term it chooses as long as the
probationer's constitutional rights are not jeopardized.

Conditions should be interpreted with flexibility in their

application, and each case should be judged on its own merits, on
the basis of the problems, needs and capacity of the probationer.
Period of Probation

• (a) The period of probation of a defendant sentenced to a term

of imprisonment of not more than one year shall not exceed
two years, and in all other cases, said period shall not exceed
six years.

(b) When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency,
the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary imprisonment
as computed at the rate established, in Article 39 of the
Revised Penal Code, as amended. [Section 14, P.D. No. 968]
Arrest of Probationer

A probation order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences thereof and explain
that upon his failure to comply with any of the conditions or his
commission of another offense, he shall serve the penalty imposed for the
offense under which he was placed on probation. [Section 11, P.D. No.
968]

If the violation is established, the court may revoke or continue his probation and
modify the conditions thereof. If revoked, the court shall order the probationer to serve
the sentence originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable. [Section 15, P.D.
No. 968]8
Manuel Bala v. Hon. Judge Antonio Martinez, G.R. No.
L-67301, January 29, 1990

• The expiration of the probation period alone does not

automatically terminate probation.

• The period of probation may either be shortened or made longer,

but not to exceed the period set in the law. This is so because the
period of probation, like the period of incarceration, is deemed
the appropriate period for the rehabilitation of the probationer.

• “probation” is not a “sentence”, but is in effect a suspension of

the imposition of the sentence.
Termination of Probation

• After the period of probation and upon consideration of the report and
recommendation of the probation 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.

• The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation was
granted.

• The probationer and the probation officer shall each be furnished with a copy
of such order. [Section 16, P.D. No. 968]
Urbano Moreno v. COMELEC, G.R. No. 168550,
August 10, 2006

• Clearly, the period within which a person is under probation cannot be

equated with service of the sentence adjudged. Sec. 4 of the Probation
Law specifically provides that the grant of probation suspends the
execution of the sentence. During the period of probation, the
probationer does not serve the penalty imposed upon him by the court
but is merely required to comply with all the conditions prescribed in
the probation order.

Sec. 16 of the Probation Law provides that “[t]he final discharge of the
probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability
for any fine imposed as to the offense for which probation was granted.
Exception

Any person convicted for drug trafficking or pushing under

this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law or
P.D. No. 968, as amended. [Section 24, R.A. No. 9165]
Michael Padua v. People, G.R. No. 168546, July
23, 2008

• The law is clear and leaves no room for interpretation. Any

person convicted for drug trafficking or pushing, regardless
of the penalty imposed, cannot avail of the privilege
granted by the Probation Law or P.D. No. 968.