PROBATION: COVERAGE, APPLICATION AND GRANT

Module No. 3
Total Study Hours: 6hrs
Module Writer: PROF. RIZALINO D. FLORES III
Registered Criminologist
PHD in Criminal Justice w/ Specialization in
Criminology

Module and Learning Facilitator Contacts: FB Messanger: Rizalino Flores

[email protected]

Module Learning Outcomes:

 Identify the coverage of application and attributes of the Philippine Probation Law
 Create a flow chart from application to the grant/denial of probation
 Identify legal technicalities in the application and grant of probation

CONTENT

PROBATION LAW OF THE PHILIPPINES

A. APPLICATION OF THE LAW

a. Adult convicts
b. First time minor drug offender (sec. 70 RA9165)
c. Children in Conflict with the Law (CICL) (sec. 42 RA9344)

i. Juvenile Justice Welfare Act of 2006 as amended (RA9344) – sec. 4 (Probation as

an alternative for imprisonment) “the court may, after it shall convicted and
sentence a CICL, and upon application at any time, place the child on probation
in lieu of service of her/his sentence taking into account the best interest of the
child”

d. Violator of Optical Media Art of 2003 (RA9239) repealed PD 1987 (replication of optical
media - read using a lens scanning mechanism)

e. Comprehensive Dangerous Drugs Act of 2002 (RA 9165)

i. Sec. 57 and 70 of RA 9165 requires the applicability of probation law

 Sec. 57. Probation and Community Service under the Voluntary

Submission Program – A drug dependent who is discharged as

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 rehabilitated by the DOH-accredited center through the voluntary
submission program, but does not qualify for exemption from criminal
liability under sec. 55 of this Act, may be charged under the provision of
this Act, but shall be placed on probation and undergo a community
service in lieu of imprisonment and/or fine in the discretion of the court,
without prejudice to the outcome of any pending case filed in court.

 Sec. 70. Probation or Community Service for a First Time Minor

Offender in lieu of imprisonment - Upon promulgation of the sentence,
the court may, in its discretion, place the accused under probation, even
if the sentence provided under this Act is higher than that provided
under existing law on probation, or impose community service in lieu
of imprisonment. In case of probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board through the DOH in
coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation,
the Board shall submit a written report to the court recommending
termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time

and place as may be determined by the court in its discretion and upon
the recommendation of the Board and shall apply only to violators of
Section 15 of this Act (A person apprehended or arrested, who is found
to be positive for use of any dangerous drug, after a confirmatory test,
shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to
the provisions of Article VIII of this Act) . The completion of the
community service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by the court.
Thereafter, the Board shall render a report on the manner of
compliance of said community service. The court in its discretion may
require extension of the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of

Sections 60 and 64 (confidentiality of records) of this Act.

If the sentence promulgated by the court requires imprisonment, the

period spent in the Center by the accused during the suspended
sentence period shall be deducted from the sentence to be served.

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B. NON-APPLICABILITY OF PROBATION LAW

a. Omnibus Election Code of the Philippines (BP881) – disqualification for probation even
the penalty of imprisonment is within the coverage of PD 968 “any person found guilty
of any election offense under this code shall be punished with imprisonment of not less
than one year but not more than six years and shall not be subject to probation”
b. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) – Non applicability of
probation law for drug traffickers and pushers – “any person convicted for drug
trafficking and pushing under this Act, regardless of the penalty imposed by the court,
cannot avail of the privilege granted by the probation law (PD968)”

C. AMMENDMENTS
a. PD1257 – (1977) Sec. 4, 7 (1), 15 and 33
b. BP 76 – (1980) sec. 9
c. PD1990 – (1986) sec. 4 and 9
d. RA 10707 – (2015)

D. ATTRIBUTES OF THE PHILIPPINE PROBATION LAW

a. Once in a life time affair – convicted person can only avail probation once
b. Selective Application – Violators of crimes against national security (ie. treason and
espionage) are disqualified
c. Person under probation retain their civil rights – such as right to vote, practice
profession and exercise parental/marital authority
d. Conditional suspension of sentence- violation of any condition may cause for the
revocation of the privilege
e. Conditions of probation to be imposed are designed to protect the public safety and
foster the rehabilitation and reformation of the probationer
f. Jurisdiction of the court is continuing character
g. Post Sentence Investigation (PSI) is mandatory – serves as informational guide for the
court’s decision in granting or denying the same
h. Supervision, guidance and assistance by the Probation Officer over the probationer

E. APPLICATION AND GRANT OF PROBATION

a. Application shall be filed with the trial court (jurisdiction over the case)

 The trial court upon receipt of the application, suspend the sentence
imposed on the judgment
 Applicant may be allowed temporary liberty under his bail filed in the
criminal case pending the submission of PSI and resolution on the

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 application. Where no bail is filed or applicant is incapable of filing one,
the trial court may allow the release of the applicant on recognizance

b. The time of filing shall be within the period for perfecting an appeal which is 15 days
(Revised Rule on Court)

 No application shall be entertained if the defendant has perfected the

appeal. Such appeal will serve as disqualification for probation. The
filing of application shall be deemed a waiver of the right to appeal
 In cases non-probational penalty is appealed or reviewed, and such
judgment was modified through the imposition of probational penalty,
the defendant should be allowed to apply for probation based on the
modified decision. Application shall be filed in the court where the non
– probational penalty was rendered
 In cases of co - defendants, the one who applied for probation will not
be disqualified because of the appeal filed by his co - defendants

c. Application shall be in the form approved by the Secretary of Justice as recommended

by the PPA administrator
d. If the trial court finds that the application is due in form and the applicant appears to
be qualified for the grant of probation, it shall order the City or Provincial Parole and
Probation Office to conduct a PSI and submit the same within 60 days from receipt of
the order of said court to conduct the investigation

 Purpose of PSI Report – To enable the trial court to determine whether or not
the ends of justice and the best interest of the public primarily, as well as that of
the applicant, would be served by the grant or denial of the application
 Nature and character of the PSI report – it is recommendatory in nature and
persuasive in character addressed to the sound discretion of the trial court
considering that the denial and grant of probation is a judicial function
 Full Blown Courtesy Investigation (FBCI) – Courtesy investigation from another
city or provincial Parole and Probation Office, which request for a complete PSI
report on a petition for probation pending referral investigation in the probation
office of origin. FBCI will take place on the following circumstances:
1. Transient offender (applicant) in the place of the commission of the
crime and a permanent resident of another place
2. Spent his pre – adolescent or adolescent in the province or city of origin
3. He attended/finish his education thereat
4. His immediate family members, collateral informants or disinterested
person or officials who can best authenticate the inter – family relation

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 and upbringing behavior of the applicant are residents of the place of
origin.

e. The court has 5 days from the time the court received the PSI report to resolve the
application

 Probation may be granted whether the sentence is fine only or imprisonment

 Granting/denying probation shall not be appealable. Except in case of outright
denial by the court that can be corrected by certiorari (an order by which a
higher court review a decision of a lower court)
 After the grant of probation, it is now a statutory right and cannot be revoked
without due notice and hearing

Assessment Methods

Create a comprehensive flow chart showing the processes and considerations involved from the
application to the grant/denial of probation

References:

Guerrero, Brian (2018). Community – Based Correction in the Philippines (Non – Institutional
Correction). Wiseman’s Books Trading, Inc.