THE PROBATION LAW (P.D. 968)

And its AMENDMENTS

PROBATION, ITS MEANING

A disposition under which a defendant, after conviction and sentence, is subject to conditions imposed by the Court and under the supervision of a probation officer.

PURPOSES OF PROBATION:

1. To promote the correction and rehabilitation of an offender by providing him with personalized community based treatment;
2. To provide an opportunity for his reformation and reintegration into the community;
3. To prevent the commission of offenses.

SUBMISSION OF PETITION AND

TIME OF FILING OF PETITION

The petition or application for probation must be filed directly with the Court, who sentenced the accused within 15 days from date of promulgation of the decision convicting the accused, or in short within the period to appeal otherwise the judgment shall become final and the accused shall be deemed to have waived his right to probation.

EFFECT OF FILING OF PETITION FOR PROBATION

          Upon filing of petition for probation, the court shall suspend the execution of sentence.

          Likewise, the filing of a petition for probation shall be deemed a waiver of the right to appeal and in case an appeal is made immediately after conviction, a filing of petition for probation still within the period to appeal, that is within fifteen days from date of promulgation shall be deemed a withdrawal of the appeal.

PENDING RESOLUTION OF PETITION,

WHAT ARE THE PRIVILEGES THAT MAYBE GIVEN TO THE ACCUSED-PETITIONER?

1. if the accused, prior to the promulgation of decision of conviction is out on bail, he may be allowed on temporary liberty under his bail filed in said case;

1. if he is under detention, upon motion, he may be allowed temporary liberty, if he cannot post a bond, on a recognizance of a responsible member of a community who shall guarantee his appearance whenever required by the court.

IN CASE THE APPLICANT FOR PROBATION CANNOT BE PRODUCED BY THE CUSTODIAN ON RECOGNIZANCE, WHAT HAPPENS?

The custodian must be asked to explain why he should not be cited for contempt for failing to produce the probationer when required by the court; Summary hearing will be held for indirect contempt, and if custodian cannot produce the petitioner, nor to explain his failure to produce the petitioner, the custodian on recognizance shall be held in contempt of court.

WHAT IS A POST SENTENCE

INVESTIGATION REPORT?

It is a report of the Parole and Probation Officer after conducting post sentence investigation and interviews containing the circumstances surrounding the offense for which the petitioner was convicted.  The findings should be drawn from the court records, police records, statement of defendants, the aggrieved party and other persons who may know the petitioner and all other matters material to the petition.

It will also include the psychological and social information regarding the probationer; evaluation of the petitioner; suitability for probation; his potential for rehabilitation; and may include the program for supervision and suggested terms of conditions of probation and a recommendation either to deny or grant the probation.

WHAT ARE THE MANDATORY

CONDITIONS OF PROBATION?

a. To present himself to the probation officer concerned for supervision within 72 hours from receipt of said order and

b. to report to the probation officer at least once a month during the period of probation.

 WHAT ARE THE OTHER

CONDITIONS OF PROBATION?

1. cooperate with a program of supervision;
2. meet his family responsibilities;
3. devote himself to a specific employment and not to charge said employment without prior written approval of the probation officer;
4. comply with a program of payment of civil liability to the victim of his heirs;
5. undergo medical, psychological or psychiatric examination and treatment and/or enter and remain in a specific institution, when required for that purposes;
6. pursue a prescribed secular study or vocational training;
7. attend or reside in a facility established for instruction or recreation of persons on probation;
8. refrain from visiting houses of ill-repute;
9. abstain from drinking intoxicating beverages to excess;
10. permit the probation officer or an authorized social worker to visit his home and place of work;
11. reside at premises approved by the court and not to change his residence w/o prior written approval; and
12. satisfy any other condition related to the rehabilitation of the probationer and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

m. plant trees ( see circular of the SC )

RULES ON OUTSIDE TRAVEL

OF PROBATIONER

          A probationer who desires to travel outside the jurisdiction of the city or provincial probation officer for not more than 30 days, the permission of the parole and probation officer must be sought.  If for more than thirty (30) days, aside from the permission of the parole and probation officer, the permission of the court must likewise be sought.

EFFECT OF APPEAL BY THE

ACCUSED OF HIS CONVICTION

1. If the accused appeals his conviction for the purpose of totally reversing his conviction, he is deemed to have waived his right to probation.

The rule that if the accused appeals his conviction only with respect to the penalty, as he believes the penalty is excessive or wrong, and as the penalty is probationable, and the appellate court sustains the accused, he is deemed to have abandoned his right to probation.  An appeal therefore, irrespective of its purpose; to overturn the entire decision or only with respect to penalty is a waiver to probation.