QuestionsQuestions (Republic Act No. 10707)
After the trial court has convicted and sentenced the defendant for a probationable penalty, and upon application by the defendant within the period for perfecting an appeal.
No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
If the appealed judgment is modified through the imposition of a probationable penalty, the defendant may apply for probation based on the modified decision before it becomes final. The application is filed in the trial court where the original non-probationable judgment was rendered, or in the trial court where the case has been re-raffled.
The accused shall lose the benefit of probation should he seek a review of the modified decision that already imposes a probationable penalty.
Yes. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.
No. An order granting or denying probation shall not be appealable.
Those sentenced to serve a maximum term of imprisonment of more than six (6) years; convicted of any crime against national security; previously convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than P1,000; once on probation under the Decree; and those already serving sentence at the time the substantive provisions became applicable.
If the maximum term of the sentence to be served exceeds six (6) years, the offender is disqualified from probation.
If previously convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than P1,000, the offender is disqualified.
Upon consideration of the probation officer’s report and recommendation, the court may order final discharge if the probationer fulfilled the terms and conditions. The case is deemed terminated.
It restores all civil rights lost or suspended due to the conviction and totally extinguishes the probationer’s criminal liability as to the offense for which probation was granted.
Both the probationer and the probation officer must each be furnished with a copy of the order.
They have the authority to administer oaths and acknowledgments and to take depositions in connection with their duties and, with respect to probationers under their care, the powers of a police officer. They are considered persons in authority.
Citizens of good repute and probity with willingness, aptitude, and capability to act as VPAs. They receive no regular compensation except reasonable transportation and meal allowances as determined by the Probation Administrator.
They hold office for a two (2)-year term which may be renewed, and they may be recalled anytime for a just cause.