Question & AnswerQ&A (Republic Act No. 10707)
Filing an application for probation is deemed a waiver of the right to appeal the judgment of conviction.
No, an application for probation shall not be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
If the judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before it becomes final.
It shall be filed in the trial court where the judgment of conviction imposing the non-probationable penalty was rendered or in the trial court where such case has since been re-raffled.
Those sentenced to a maximum term of imprisonment of more than six years, convicted of crimes against national security, previously convicted of offenses punishable by imprisonment exceeding six months and one day or a fine over P1,000, those who have been on probation before under the law, and those already serving a sentence when the provisions of this law became applicable.
All civil rights lost or suspended as a result of conviction are restored, and the criminal liability for the offense for which probation was granted is totally extinguished.
They have the powers of a police officer with respect to probationers under their care and are considered persons in authority. They can also administer oaths, acknowledgments, and take depositions connected with their duties.
VPAs do not receive regular compensation but may be given reasonable transportation and meal allowances as determined by the Probation Administrator.
No, an order granting or denying probation is not appealable.
VPAs hold office for a two-year term which may be renewed or recalled at any time for just cause.