Court grant of probation (Section 4)
- Section 4 authorizes the trial court, after conviction and sentence for a probationable penalty, to suspend execution of the sentence and place the defendant on probation upon application by the defendant.
- The application must be filed within the period for perfecting an appeal.
- Section 4 prohibits the court from entertaining or granting probation if the defendant has perfected the appeal from the judgment of conviction.
- Section 4 allows probation when a judgment imposing a non-probationable penalty is appealed or reviewed and is later modified by imposing a probationable penalty: the defendant may apply for probation based on the modified decision before the modified decision becomes final.
- The probation application based on the modified decision must be filed either in the trial court where the judgment imposing a non-probationable penalty was rendered, or in the trial court where the case has since been re-raffled.
- In cases involving several defendants where some have taken further appeal, the other defendants may apply for probation by submitting a written application and attaching a certified true copy of the judgment of conviction.
- Section 4 mandates that the trial court, upon receipt of the application, shall suspend the execution of the sentence imposed in the judgment.
- Section 4 provides that the accused loses the benefit of probation if the accused seeks a review of the modified decision that already imposes a probationable penalty.
- Section 4 provides that probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
- Section 4 deems that filing the application constitutes a waiver of the right to appeal.
- Section 4 states that an order granting or denying probation is not appealable.
Disqualified offenders (Section 9)
- Section 9 limits probation benefits by excluding the following categories from the benefits of the decree:
- Offenders sentenced to serve a maximum term of imprisonment of more than six (6) years are disqualified.
- Offenders convicted of any crime against the national security are disqualified.
- Offenders 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 one thousand pesos (P1,000.00) are disqualified.
- Offenders who have been once on probation under the decree are disqualified.
- Offenders who are already serving sentence at the time the substantive provisions of the decree became applicable under Section 33 are disqualified.
Termination and restoration of rights (Section 16)
- Section 16 provides that after the probation period, 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 the probationer fulfilled the terms and conditions of probation.
- Section 16 states that upon final discharge, the case is deemed terminated.
- Section 16 provides that the final discharge restores all civil rights lost or suspended as a result of the conviction.
- Section 16 provides that final discharge totally extinguishes the probationer’s criminal liability as to the offense for which probation was granted.
- Section 16 requires that the probationer and the probation officer each be furnished with a copy of the order of final discharge.
Powers of probation officers (Section 24)
- Section 24 provides that Regional, Provincial or City Probation Officers have authority within their territorial jurisdiction to administer oaths and acknowledgments and to take depositions in connection with their duties under the decree.
- Section 24 grants probation officers, with respect to probationers under their care, the powers of a police officer.
- Section 24 states that these probation officers are considered persons in authority.
Field assistants and subordinate personnel (Section 27)
- Section 27 requires that Regional, Provincial or City Probation Officers be assisted by such field assistants and subordinate personnel as may be necessary to carry out duties effectively.
Volunteer Probation Assistants (VPAs) (Section 28)
- Section 28 authorizes the Probation Administrator to appoint citizens of good repute and probity to assist the Chief Probation and Parole Officers in the supervised treatment program of probationers as Volunteer Probation Assistants (VPAs).
- Section 28 requires that VPAs have the willingness, aptitude, and capability to act as VPAs.
- Section 28 provides that VPAs shall not receive regular compensation, but may receive reasonable transportation and meal allowances as determined by the Probation Administrator for services rendered.
- Section 28 sets a two (2)-year term for VPAs, which may be renewed or recalled anytime for a just cause.
- Section 28 directs that functions, qualifications, continuance in office, and maximum case loads shall be prescribed under the implementing rules and regulations.
- Section 28 requires there to be a reasonable number of VPAs in every regional, provincial, and city probation office.
- Section 28 requires the Probation Administrator to encourage and support VPAs to organize at the national, regional, provincial, and city levels to strengthen functional relationship, coordination, and sustainability.
Separability, repealing, appropriations, IRR
- Section 7 provides that if any provision of the Act is declared invalid, the remaining provisions remain in full force and effect.
- Section 8 repeals, amends, or modifies inconsistent laws, executive orders, administrative orders, rules and regulations, or parts thereof.
- Section 9 requires that the amount necessary to carry out the Act’s provisions be included in the General Appropriations Act of the year following enactment.
- Section 10 mandates that within sixty (60) days from approval, the Department of Justice shall promulgate rules and regulations necessary to carry out the Act.
Effectivity rule
- Section 11 makes the Act effective immediately after its publication in the Official Gazette or in two (2) newspapers of general circulation (publication-based immediacy).