QuestionsQuestions (PRESIDENTIAL DECREE NO. 968)
PD No. 968 (Probation Law of 1976) establishes a probation system. It generally applies to all offenders except those entitled to benefits under PD No. 603 and similar laws.
To: (a) promote correction and rehabilitation through individualized treatment; (b) provide an opportunity for reformation that is less probable if imprisonment is served; and (c) prevent the commission of offenses.
Probation is a post-conviction, post-sentencing release of a defendant subject to conditions and court supervision. A probationer is a person placed on probation. A probation officer investigates for the court and/or supervises probationers.
After conviction and sentence, upon application filed by the defendant at any time, the court may suspend execution and place the defendant on probation subject to conditions. Filing the application is deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal.
No. An order granting or denying probation is not appealable.
There must be a prior investigation by the probation officer and a determination by the court that the ends of justice and the best interests of the public and the defendant will be served.
The probation officer must submit the report not later than 60 days from receipt of the court order. The court must resolve the petition not later than 5 days after receipt of the report.
If the defendant has bail, he may be allowed temporary liberty under his bail. If no bail was filed or the defendant cannot file one, the court may release him on recognizance to the custody of a responsible community member who guarantees appearance when required.
The court considers information on the offender’s character, antecedents, environment, mental/physical condition, and available institutional/community resources. Probation must be denied if: (a) the offender needs correctional treatment best provided by institutional commitment; (b) there is an undue risk of committing another crime during probation; or (c) probation would depreciate the seriousness of the offense.
Probation benefits are not extended to: (a) offenders sentenced to a maximum imprisonment term of more than 6 years; (b) those convicted of any offense against the security of the State; (c) those previously convicted by final judgment of an offense punishable by imprisonment of not less than 1 month and 1 day and/or a fine of not less than ₱200; (d) those who have been once on probation under PD 968; and (e) those already serving sentence when the substantive provisions became applicable under Section 33.
The probationer must: (a) present himself to the designated probation officer within 72 hours from receipt of the order; and (b) report to the probation officer at least once a month at the specified time/place.
Examples include: cooperation with supervision programs; meeting family responsibilities; employment requirements (no change without written approval); medical/psychological/psychiatric treatment; secular/vocational study; attending/residing in a probation facility; refraining from houses of ill-repute; abstaining from excessive drinking; allowing home/work visits by the probation officer/social worker; approved residence only; and other conditions related to rehabilitation not unduly restrictive.
A probation order takes effect upon issuance, and the court must inform the offender of the consequences. If the probationer fails to comply with any condition or commits another offense, he shall serve the penalty imposed for the offense for which probation was granted.
Supervision is under the court that granted probation, through actual probation officer supervision/visitation. If permitted to reside under another court’s jurisdiction, control transfers to that place’s Executive Judge (formerly Court of First Instance), and relevant records are furnished. The Executive Judge then exercises powers previously possessed by the granting court.
For imprisonment sentences not more than 1 year: probation cannot exceed 2 years. For other cases: not exceed 6 years. If the sentence is a fine only with subsidiary imprisonment, probation period must be between the twofold (twice) total number of days of subsidiary imprisonment computed under Article 39 of the Revised Penal Code, as amended.
Any time during probation, the court may issue a warrant for arrest for violation. After arrest and detention, the probationer is immediately brought to court for a hearing (informal and summary). Bail may be allowed under the same rules for persons charged with crimes. If violation is established, the court may revoke or continue probation and modify conditions; if revoked, the probationer must serve the original sentence.
The investigation report and supervision history are privileged and generally cannot be disclosed except to the Probation Administration or the concerned court; the court may allow the probationer/attorney to inspect if desirable for the probationer’s best interest, and government agencies engaged in correction/rehabilitation may obtain copies for official use. Violation carries imprisonment of 6 months and 1 day to 6 years and a fine of ₱100 to ₱6,000.