Probation is a privilege, not a right. It
can be granted only if the accused deserves it. If granted, the accused will be
convicted but released. He will then comply with mandatory and discretionary
conditions imposed by the court and be placed under the supervision of a probation
officer. The discretionary conditions depend on the court's assessment of
the accused but they must be constructive, consistent with his conscience, not
as burdensome as the original penalty of the crime and must not unreasonably restrict
his liberty. Note: must not unreasonably restrict his liberty. A
penalty is always a restriction of liberty but restrictions must be reasonable
and proportionate to the offense.
The mandatory conditions are:
1.) To report to the probation officer within
72 hours from the time the order was received; and
2.) To regularly report to the probation
officer at least once a month or sooner as may seem fit.
The Probation Law has objectives similar to
the Indeterminate Sentence Law:
1.) Rehabilitation and correction of the
accused through individualized treatment
2.) To give better chances for a repentant
criminal to reform
3.) Prevent further commission of crimes as
he is placed under the probation officer's supervision
4.) Decongest the jails
5.) Save the government from spending money for
maintaining the accused in prison
Probation may be granted whether the
penalty is imprisonment or a fine only. For imprisonment, the penalty should be
6 years or less. Probation will be denied in any of the following
circumstances:
1.) The accused needs correctional
treatment that can best be provided if he is committed to an institution
2.) There is an undue risk that he will
commit another crime during the probation period.
3.) Probation will make the offense not
look serious.
Regarding #3, there is a case where an
accused's application for probation was denied because she didn't
comply with the court's orders in 54 counts of BP 22 violations and instead
executed a simulated (fake) deed of sale (Santos vs CA, GR127899, December 2,
1999.)
There are also disqualifications. These
are:
1.) The prison term exceeds 6 years (even
if by just 1 day)
2.) Those convicted of subversion
3.) Those convicted of the following crimes
against national security:
a.) Treason
b.) Conspiracy and proposal to
commit treason
c.) Misprision of Treason
d.) Espionage
e.) Inciting to war and giving motives to
reprisal
f.) Violation of neutrality
g.) Correspondence with hostile country
h.) Flight to enemy country
i.) Piracy and mutiny (piracy is an
international crime and can be tried by any
country in the world.)
4.) Those convicted of the following crimes
against public order:
a.) Rebellion, insurrection, coup, sedition
b.) Illegal assemblies and associations
c.) Direct/indirect assault, resistance an
disobedience
d.) Public disorders (tumults, alarms and
scandals)
e.) Delivery of prisoners from jail
f.) Evasion of service of sentence
g.) Quasi-recidivism
5.) Those who were previously convicted of
a crime punishable by at least 1 month and 1 day and/or a fine of at least
Php200.00
6.) Those who were once recipients of
probation (probation can be granted to a person only once.)
7.) Those who were already serving sentence
when the Probation Law took effect (Martial Law years)
8.) Those enjoying the benefits of PD 603
(the Child and Youth Welfare Code) and similar laws
9.) Those who perfected an appeal
(probation and appeal are mutually exclusive remedies; you can't use both at
the same time.)
Regarding those suffering several prison
terms, multiple terms are distinct from each other. However, if the total
number of prison terms doesn't exceed 6 years, the accused is entitled to
probation. The application for probation must also be file during the
period for perfecting an appeal. Take note: conviction becomes final if the
accused applies for probation. If granted, the accused's sentence is suspended
but still stands. If he violates his probation, he can be arrested and brought
to court for an informal summary hearing (but can post bail while the hearing
is going on as well.) If the violation is proven, the court may or may not
revoke the probation. If probation is revoked the accused will serve full
sentence. The revocation order is not appealable.
If the probation prisoner complies with his
requirements throughout the period of probation the court will give him a final
discharge. The probationer 's civil rights will then be fully
restored and his penalties and fines will be discharged.
Duration of Probation
1.) Imprisonment of not more than 1 year:
maximum probation of 2 years
2.) 1 to 6 years imprisonment: maximum of 6
years
3.) Fine with subsidiary imprisonment:
twice the period computed in
Art. 39 of the Revised Penal Code
