ISLAW PROBATION

NATURE mandatory (if not disqualified); convict need not apply for it a privilege; convict must apply for it; not automatically
granted
PENALTY INVOLVED imprisonment only imprisonment or fine
AVAILABILITY every time as long as offender is not disqualified only once
EFFECT/DISPOSITION  minimum to be served  execution of the sentence is suspended
 it will not extinguish civil liability

Under Section 16 of P.D. 968 as amended by R.A. 10707: the

final discharge of the probationer shall operate to restore to
him all civil rights lost or suspended as a result of his
conviction and to totally extinguish his criminal liability as to
the offense for which probation was granted.

DISQUALIFICATIONS 1. those convicted of offenses punished with death
penalty or life imprisonment (as well as reclusion
perpetua)
2. Those convicted of treason, conspiracy or proposal to
commit treason;
3. Those convicted of misprision of treason, rebellion,
sedition, or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who shall have escaped from confinement or
evaded sentence;
a. (People v. Perez: a minor who escaped from
confinement in the reformatory is entitled to the
benefits of the law because confinement is not
considered imprisonment).
7. Those who having been granted conditional pardon
by the Chief Exec. shall have violated the terms
thereof;
8. Those whose maximum term of imprisonment does
not exceed one year;
*Those already sentenced by final judgment at the time of
approval of this Act except those under Sec. 5 thereof
ALT – 1O | SBU COL
1. Those sentenced to serve a maximum term of
imprisonment of more than 6 years;
2. Those convicted of any crime against national security
(subversion);
3. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
more than 6 months and 1 day and/or a fine of more
than one thousand pesos (P1,000.00);
4. Those who have been once on probation under the
provisions of this Decree;
5. Those who have perfected an appeal from judgment of
conviction;
6. Those convicted of an election offense under the Omnibus
Election Code;
7. Those convicted of drug trafficking or drug pushing;
8. Those who filed a malicious report that a person is
committing a violation of Anti-money laundering law and
was convicted because of such malicious filing
*Those who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Sec. 33 thereof.
 PERIOD Imprisonment of more than 1 year
 Will not exceed 2 years
All other cases of imprisonment (not more than 6 years)
 Will not exceed 6 years
Fine only, subsidiary imprisonment in case of insolvency
 twice the period computed
 Not less than nor more than 2x than the total number
of days of subsidiary imprisonment, taking into
account the highest minimum wage rate at the time
of the rendition of the judgment
WHO GRANTS IT

EFFECT OF APPEAL No effect on the operation of ISL; what matters is final forecloses probation; disqualifies applicant
judgment
EFFECT OF unexpired portion shall be served entire service shall be served if the court determines that
VIOLATION there was a serious violation of the condition imposed.
the court may order incarceration or just modify the
condition of the probation but may continue the probation of
the convict
APPEALABLE? NO. The probationer cannot appeal from the decision
revoking the grant of probation or modifying the terms and
conditions thereof.

ALT – 1O | SBU COL