Professional Documents
Culture Documents
[BAR Q. 2012, 2010, 2009, 2005, 2004, 2003, 2002, 2001, 1997, 1995, 1994, 1993,
1992, 1990, 1986]
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[BAR Q.1986,1989] The purposes of probation are as follows:
(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
b) provide an opportunity for the reformation of a penitent offender which might
be less probable if he were to serve a prison sentence; and
(c) prevent the commission of offenses.
The court may order the arrest of the probationer, hold an informal summary
hearing and may revoke his probation. In which case, he has to serve the sentence
originally imposed.
4. Who have been once on probation under the provisions of this Decree.
5. Who are already serving sentence at the time the substantive provisions of
this Decree
became applicable pursuant to Sec. 33 hereof.
6. Who has perfected an appeal from the judgment
of conviction. (Sec. 4)
7. Any person convicted of drug trafficking or pushing regardless of the penalty
imposed by
the Court. (Sec. 24 of R.A. No. 9165)
-Under Sec.4, the filing of the application for probation shall be deemed a waiver of the
right to appeal.
-A waiver of the right to appeal from a judgment of conviction is NOT a waiver of the civil
liability ex
delicto.
REMINDERS ON DISQUALIFICATIONS:
1. Sentenced to serve more than 6 years Exceptions:
a. Under violation of Section 11 of RA 9165, accused FIRST-TIME OFFENDER may
avail of
suspended sentence. If there is a violation of any conditions, the court shall
pronounce judgment of conviction. The court, however, may in its discretion:
place the accused on probation (even if the sentence provided for under this Act is
higher than that provided under existing lawon
probation.
-Arnel did not appeal from a judgment that would have allowed him to apply fro
probation. He did not have a choice between appeal and probation.
-The Court, however, convicted Arnel of the wrong crime, frustrated homicide that
carried a penalty in excess of 6 years. How can the Court expect him to feel
penitent over a crime, which as the Court now finds, he did not commit? He only
committed
Probation is not applicable when the accused is convicted of INDIRECT ASSAULT (It is a
crime against PUBLIC ORDER).
3. Previous Conviction of not less than one month and one day and/or a fine of not
less than two hundred pesos.
Ex. A person convicted for another crime with a penalty of 30 days imprisonment
or not exceeding 1 month does not disqualify him from applying for
probation