Special Penal Laws Update Part 7

CONFIDENTIALITY OF RECORDS

OF PROBATION

The investigation report and the supervision and history of a probationer obtained under PD No. 968 and under these rules shall be privileged and shall not be disclosed directly or indirectly to anyone other than the probation administration or the court concerned. The court which granted the probation or where the probation was transferred may allow the probationer to inspect the aforesaid documents or his lawyer, whenever such disclosure may be desirable or helpful to them.

Any government office may ask for the records of probation from the court for its official use or from the administrator.

Sec. 29, PD 968: VIOLATION OF CONFIDENTIAL NATURE OF PROBATION RECORDS. The penalty of imprisonment ranging from six months and one day to six years and a fine ranging from hundred to six thousand pesos shall be imposed upon any person who violates Section 17 hereof.

MODIFICATION OF CONDITION

OR PERIOD OF PROBATION

The court, on motion, or motu propio modify the conditions of probation or modify the period of probation as circumstances may warrant.

WHO ARE DISQUALIFIED

TO UNDERGO PROBATION

Those sentenced to serve a maximum term of imprisonment of more than six years.
Those convicted of any offense against the security of the state;
Those who have been previously convicted by final judgment of an offense punished by imprisonment of not less than one moth and one day and/or a fine of not less than P200.00;
Those who have been once on probation under the provisions of this decree.
Those convicted of RA 9156.
Those convicted of violation of election laws.

PERIOD OF PROBATION

If the probationer has been sentenced to an imprisonment of not more than one year, the probation shall not exceed two years;

In all other cases, not to exceed six years;

In case the penalty is fine, the probation shall not be less than the period of subsidiary imprisonment nor more than twice of the subsidiary imprisonment.

AMENDMENT TO SECTION 4 OF PD 968:

“Sec. 4. Grant of Probation. – Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”