The Indeterminate Sentence Law

and the Probation Law

DAN PERUELO CALICA
 INDETERMINATE SENTENCE LAW
Act No. 4103 (1933)

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Act No. 4103 (1933) or the Indeterminate
Sentence Law
The Indeterminate Sentence Law mandates that a judge, in
imposing a prison sentence for an offense punished by the Revised
Penal Code or its amendments as well as other penal laws, to
impose an indeterminate sentence consisting of a maximum and
minimum term. [ACT NO. 4103 (1933), sec. 1]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Philosophy behind the ISL
The Indeterminate Sentence Law is a legal and social measure of
compassion, and should be liberally interpreted in favor of the accused.
[People v. Simon, G.R. No. 930280, 29 July 1994]

The philosophy underlying the ISL is to redeem valuable human

material, and to prevent unnecessary deprivation of personal liberty and
economic usefulness with due regard to the protection of the social order.
[Rosa Lim v. People, G.R. No. 130038, 18 September 2000]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Applicability of the ISL

The ISL applies to crimes punished under the Revised Penal

Code and under special penal laws. [ACT NO. 4103 (1933), sec. 1]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 How to determine the maximum and
minimum terms of the indeterminate sentence
for offenses punishable by special laws
In imposing a prison sentence for an offense punished by acts of the
Philippine Legislature, otherwise than by the Revised Penal Code, the court
shall order the accused to be imprisoned for a minimum term, which shall not
be less than the minimum term of imprisonment provided by law for the
offense, and for a maximum term which shall not exceed the maximum fixed
by law. [ACT NO. 4103 (1933), sec. 1]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 How to determine the maximum and minimum
terms of the indeterminate sentence for offenses
punishable under the RPC

Where the offense is punished by the Revised Penal Code, or

amendments thereto, the court shall sentence the accused to such maximum
as may, in view of the attending circumstances, be properly imposed under
the present rules of the said Code, and to a minimum which shall not be less
than the minimum imprisonment period of the penalty next lower to that
prescribed by said Code for the offense. [ACT NO. 4103 (1933), sec. 1]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Under the Indeterminate Sentence Law, the maximum term of the
penalty shall be "that which, in view of the attending circumstances, could be
properly imposed" under the Revised Penal Code, and the minimum shall be
"within the range of the penalty next lower to that prescribed" for the offense.
The penalty next lower should be based on the penalty prescribed by the
Code for the offense, without first considering any modifying circumstance
attendant to the commission of the crime. The determination of the minimum
penalty is left by law to the sound discretion of the court and it can be
anywhere within the range of the penalty next lower without any reference to
the periods into which it might be subdivided. The modifying circumstances
are considered only in the imposition of the maximum term of the
indeterminate sentence. [People v. Gabres, 267 SCRA 581, 595-596 (1997)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Nature and significance of imposing a
minimum sentence under the ISL
The "minimum" sentence is merely a period at which, and not before, as
a matter of grace and not of right, the prisoner may merely be allowed to
serve the balance of his sentence outside of his confinement. It does not
constitute the totality of the penalty since thereafter he still has to continue
serving the rest of his sentence under set conditions. That minimum is only
the period when the convict's eligibility for parole may be considered. In fact,
his release on parole may readily be denied if he is found unworthy thereof,
or his re-incarceration may be ordered on legal grounds, even if he has served
the minimum sentence. [People v. Simon, G.R. No. 930280, 29 July 1994]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Who are disqualified from the
application of the ISL?
The ISL shall NOT apply to:

1. Persons convicted of offenses punished with the death penalty or life

imprisonment;
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;

Indeterminate Sentence Law and Probation Law Dan P. Calica

 6. Those who shall have escaped from confinement or evaded sentence;

7. Those who, having been granted conditional pardon by the Chief

Executive, shall have violated the terms thereof;

8. Those whose maximum term of imprisonment does not exceed one year;
or

9. Those already sentenced by final judgment at the time of the approval of

the ISL. [ACT NO. 4103 (1933), sec. 2]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Does the ISL apply to crimes punished
by reclusion perpetua?
No. The Indeterminate Sentence Law (ISL) provides that it is not
applicable where the penalty imposed is "life imprisonment", which is
construed to cover "reclusion perpetua" for purpose of said law. [People v.
Lampaza, 319 SCRA 112 (1999)]. In People v. Fabro [239 SCRA 146 (1994)], the
Supreme Court did not also apply the Indeterminate Sentence Law because
the penalty imposed was reclusion perpetua.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Rep. Act No. 9346 (2006) disqualifies from ISL
those sentenced to reclusion perpetua
Person convicted of offenses punished with reclusion
perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of Republic Act No. 9346, shall not
be eligible for parole under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
[REP. ACT NO. 9346 (2006), sec. 3]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Parole is extended only to those convicted
of divisible penalties
Parole is extended only to those convicted of divisible penalties.
Reclusion perpetua is an indivisible penalty and carries no minimum nor
maximum period. Section 5 of the Indeterminate Sentence Law provides that
it is after “any prisoner shall have served the minimum penalty imposed on
him” that the Board of Indeterminate Sentence may consider whether such
prisoner may be granted parole. With no “minimum penalty” imposable on
those convicted of a crime punishable by reclusion perpetua, then even prior
to the enactment of R.A. 9346, persons sentenced by final judgment to
reclusion perpetua could not have availed of parole under the Indeterminate
Sentence Law. [A.M. NO. 15-08-02-SC, Guidelines for the Proper Use of the
Phrase “Without Eligibility for Parole in Indivisible Penalties”, 4 August 2015]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Does the ISL apply to
those sentenced to destierro?
No. The Indeterminate Sentence Law is not applicable to a
sentence of destierro. [Florenz Regalado, Criminal Law Conspectus, First
Edition, 2000, p. 207, as cited in People v. Oyanib, G.R. No. 130634-35, 12
March 2001]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Grounds for approval of
an application for parole
The grounds for approval of an application for parole are:

1. The prisoner shall have served the minimum penalty imposed on him;

2. The prisoner is fitted by his training for release;

3. There is reasonable probability that such prisoner will live and remain at
liberty without violating the law; and

4. Such release will not be incompatible with the welfare of society. [ACT NO.
4103 (1933), sec. 5]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What are the terms and conditions for a prisoner
released on parole (conditional release)?
Every prisoner released from confinement on parole by virtue of Act No.
4103, as amended, shall, a such times and in such manner as may be
required by the conditions of his parole, as may be designated by the Board
of Pardons and Parole for such purpose, report personally to such government
officials or other parole officers hereafter appointed by the Board for a period
of surveillance equivalent to the remaining portion of the maximum sentence
imposed upon him or until final release and discharge by the Board as herein
provided. [ACT NO. 4103 (1933), sec. 6]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Likewise, the limits of residence of such paroled prisoner
during his parole may be fixed and from time to time changed by
the said Board in its discretion. [ACT NO. 4103 (1933), sec. 6]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 When is a parolee subject to
a final release?
If during the period of surveillance such paroled prisoner shall
show himself to be a law-abiding citizen and shall not violate any
of the laws of the Philippines, the Board of Pardons and Parole
may issue a final certificate of release in his favor, which shall
entitle him to final release and discharge. [ACT NO. 4103 (1933), sec. 6]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Effect of the parolee’s violation of the terms of
the conditional release
Whenever any prisoner released on parole shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Pardons
and Parole may issue an order for his re-arrest which may be served in any
part of the Philippines by any police officer. In such case, the prisoner so re-
arrested shall serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison, unless the Board
shall, in its discretion, grant a new parole to the said prisoner. [ACT NO. 4103
(1933), sec. 8]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 PROBATION LAW of 1976
Presidential Decree No. 968 (1976)

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Probation
"Probation" is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer. [PRES.
DECREE NO. 968 (1976), sec. 3(a)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What is the nature of probation?
Probation is a mere privilege, not a right. Its benefits cannot extend to
those not expressly included. Probation is not a right of an accused, but
rather an act of grace and clemency or immunity conferred by the state which
may be granted by the court to a seemingly deserving defendant who thereby
escapes the extreme rigors of the penalty imposed by law for the offense of
which he stands convicted. It is a special prerogative granted by law to a
person or group of persons not enjoyed by others or by all. [Francisco v. Court of
Appeals, 243 SCRA 384 (1995)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What are the objectives of the Probation
Law of 1976?
1. To promote the correction and rehabilitation of an offender by providing
him with individualized, community-based treatment;

2. To provide an opportunity for the reformation of a penitent offender

which might be less probable if he were to serve a prison sentence; and

3. To prevent the commission of offenses. [PRES. DECREE NO. 968 (1976), sec. 2]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Who are qualified to apply for probation?

The Probation Law of 1976 applies to all offenders,

except those entitled to the benefits under the provisions
of Presidential Decree No. 603, as amended, and similar
laws. [PRES. DECREE NO. 968 (1976), sec. 1].

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Presidential Decree No. 603 or the Child and
Youth Welfare Code
Pres. Decree No. 603 (1974) or the Child and Youth Welfare Code applies to child,
youth or minors who are below twenty one years old.

Under the Code, a child nine years old and under is exempt from criminal liability as
well as a child over nine and under fifteen years old, unless he/she acted with discernment.

The youth offender will be entitled to a suspended sentence and will be confined in a
correctional facility. After reaching 21 years old, the case against him will be dismissed if
he/she was rehabilitated or the judgment of conviction will be pronounced, subject to the
privileged mitigating circumstance under Article 68 of the Revised Penal Code.

There is no provision entitling the youth offender to probation under the Code.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Probation as an alternative to
imprisonment for CICL

Sec. 42. Probation as an alternative to imprisonment. – The court

may, after it shall have convicted and sentenced a child in conflict
with the law, and upon application at any time, place the child on
probation in lieu of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the “Probation Law of 1976”
is hereby amended accordingly. [Rep. Act No. 9344 (2006), sec. 42]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Probation or community service for first-
time minor offenders in drug cases
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. x x x 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. [REP. ACT NO. 9165
(2002), sec. 70]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Disqualification for probation of
certain drug offenders
Any person convicted for drug trafficking or pushing under
Rep. Act No. 9165, regardless of the penalty imposed by the court,
cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968. [REP. ACT NO. 9165 (2002), sec. 24]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Padua v. People
G.R. No. 168546, 23 July 2014

Michael Padua, a 17-year old minor, was charged along with another
accused with the sale of a dangerous drug. He initially pleaded not guilty on
arraignment but, on pre-trial, moved that he be allowed to plead guilty to a
lesser offense so that he can avail of probation under Section 70 of Rep. Act
No. 9165 for first-time minor offenders. He was convicted and he thereafter
applied for probation. This was denied by the Regional Trial Court in view of
Section 24 of Rep. Act No. 9165 which disqualifies from probation any
person convicted for drug trafficking or pushing, regardless of the penalty
imposed. The Supreme Court affirmed the denial, ruling that Section 24 of
Rep. Act No. 9165 applies to minor offenders.
Indeterminate Sentence Law and Probation Law Dan P. Calica
 Who were the offenders disqualified from
being placed on probation under the un-
amended Pres. Decree No. 968?
1. Those sentenced to serve a maximum term of imprisonment of more than
six years

2. Those convicted of any offense against the security of the State (treason,
misprision of treason, espionage)

3. Those who have previously been convicted by final judgment of an

offense punished by imprisonment of not less than one month and one
day and/or a fine of not less than Two Hundred Pesos (P200.00)

Indeterminate Sentence Law and Probation Law Dan P. Calica

 4. Those who have been once on probation under the provisions of the
Probation Law of 1976

5. Those who are already serving sentence at the time the substantive
provisions of the Probation Law of 1976 became applicable, specifically
on 3 January 1978 [PRES. DECREE NO. 968 (1976), sec. 9]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Amendments in Republic Act No. 10707
(2015) re: disqualified offenders
SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be
extended to those:

a. sentenced to serve a maximum term of imprisonment of more than

six (6) years;

b. convicted of any crime against the national security;

c. who have previously been convicted by final judgment of an offense

punished by imprisonment of more than six (6) months and one (1) day and/or
a fine of more than one thousand pesos (P1,000.00);
Indeterminate Sentence Law and Probation Law Dan P. Calica
 d. who have been once on probation under the provisions of this
Decree; and

e. who are already serving sentence at the time the substantive

provisions of this Decree became applicable pursuant to Section 33 hereof.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What is the basis for fixing the cut-off point at a
maximum term of six (6) years for probation?
Fixing the cut-off point at a maximum term of six (6) years imprisonment for probation
is based on the assumption that those sentenced to higher penalties posed too great a risk to
society, not just because of their demonstrated capability for serious wrongdoing but because
of the gravity and serious consequences of the offense they might further commit. The
Probation Law, as amended, disqualifies only those who have been convicted of grave
felonies as defined in Art. 9 in relation to Art. 25 of the Revised Penal Code, and not
necessarily those who have been convicted of multiple offenses in a single proceeding who
are deemed to be less perverse. Hence, the basis of the disqualification is principally the
gravity of the offense committed and the concomitant degree of penalty imposed. Those
sentenced to a maximum term not exceeding six (6) years are not generally considered
callous, hard core criminals, and thus may avail of probation. [Francisco v. Court of Appeals, 243
SCRA 384 (1995)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 May probation be granted even if the
sentence imposed is fine only?
Yes. Probation may be granted whether the sentence imposes
a term of imprisonment or a fine with subsidiary imprisonment in
case of insolvency. [PRES. DECREE NO. 968 (1976), sec. 4]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Where and when should the application
for probation be filed?
An application for probation shall be filed with the trial court. It should
be filed after conviction and sentence and within the period for perfecting an
appeal. [PRES. DECREE NO. 968 (1976), sec. 4]

What the law requires is that the application for probation must be filed
within the period for perfecting an appeal. The need to file it within such
period was intended to encourage offenders, who are willing to be reformed
and rehabilitated, to avail of probation at the first opportunity. Such provision
was never intended to suspend the period for the perfection of an appeal,
and the filing of the application for probation operates as a waiver of the right
to appeal. [Palo v. Militante, 184 SCRA 395 (1990)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 A was convicted by the Regional Trial Court of adultery and sentenced
to a minimum of two years and maximum of six years of imprisonment.
Within five (5) days from the promulgation of judgment, A filed a notice of
appeal with the trial court, which forthwith ordered the forwarding of the
records of the case to the Court of Appeals. Five (5) days thereafter, A
changed her mind and withdrew her appeal. She then filed an application for
probation. Will such application prosper?

Indeterminate Sentence Law and Probation Law Dan P. Calica

 No. A has perfected her appeal and, as such, her application for
probation cannot anymore be entertained or granted [Sec. 4, Pres. Decree No.
968, as amended, and Llamado v. Court of Appeals, 174 SCRA 566 (1989)]. The law
considers appeal and probation mutually exclusive remedies. By perfecting an
appeal, the convict ipso facto relinquished his alternative remedy of availing
of the Probation Law. [Francisco v. Court of Appeals, 243 SCRA 384 (1995)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What is the effect of an application for
probation to one’s right to appeal?
The filing of the application shall be deemed a waiver of the convict’s right
to appeal. [PRES. DECREE NO. 968 (1976), sec. 4]
Under Section 7, Rule 120 of the 2000 Revised Rules on Criminal
Procedure a judgment of conviction becomes final when the accused has applied
for probation. When an accused, after the promulgation of judgment, files a
petition to be admitted to probation, such an act implicitly acknowledges the
validity and correctness of the judgment rendered against him and his conformity
therewith. The filing of such a petition renders the decision final, though not as
yet executory, pending resolution of the application, it being a tacit abandonment
of his right to appeal. [Manuel R. Pamaran, Revised Rules of Criminal Procedure Annotated,
2003 Edition, p. 587]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 May persons who apply for the benefits of the
Probation Law withdraw their application during the
period for filing an appeal and ask that their appeal from
the judgment of conviction be given due course?

Indeterminate Sentence Law and Probation Law Dan P. Calica

 In Yusi v. Morales [121 SCRA 854 (1983)], the Supreme Court allowed
the withdrawal of the application for probation and the giving of due course
to the appeal. While the Supreme Court recognized that Pres. Decree No.
968, as amended, prescribes that an application for probation of a convicted
accused constitutes a waiver of his right to appeal (or an automatic withdrawal
of a pending appeal based on law which was not yet amended by PD 1990
in 1985), such waiver or withdrawal is not irrevocable. The Supreme Court
held that a strict and unyielding application of the “waiver rule” under the
Probation Law is unwarranted, especially under the circumstances of the case
where it was only a counsel de oficio appointed by the court who assisted the
accused in filing the application for probation and one who was not fully
acquainted with the case. The underlying philosophy of probation is indeed
one of liberality towards the accused.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 However, Yusi v. Morales may be considered as the exception to the
general rule in view of the circumstances surrounding the application for
probation therein. In the subsequent case of Cal v. Court of Appeals [251 SCRA
523 (1995)], accused therein was convicted for illegal recruitment and sentenced
to suffer imprisonment of four (4) years and pay a fine of P20,000.00. The day
after the promulgation, accused, assisted by his counsel, filed an application
for probation. However, two weeks later and still within the time for filing an
appeal, accused filed a motion to withdraw application for probation and
notice of appeal. The notice of appeal was denied due course as the accused
therein already availed of the benefits of the Probation Law and therefore
cannot avail of the remedy of appeal. Section 4 of Pres. Decree No. 968 was
amended in order to make appeal and probation mutually exclusive
remedies. Thus, Sec. 4 provides specifically that the filing of an application for
probation shall be deemed a waiver of the right to appeal. [N.B. The trial court
stated in its decision that Yusi v. Morales does not apply, thus, implying that the latter is still good law.]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Amendments re: grant of probation
“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 for a
probationable penalty 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. No application for probation shall be
entertained or granted if the defendant has perfected the appeal from the
judgment of conviction:

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Provided, That when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply
for probation based on the modified decision before such decision becomes
final. The application for probation based on the modified decision shall be
filed in the trial court where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has
since been re-raffled. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of
the judgment of conviction.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 The trial court shall, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgment.

This notwithstanding, the accused shall lose the benefit of probation should he
seek a review of the modified decision which already imposes a probationable
penalty.

Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. 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.” [Rep. Act No.
10707, sec. 1]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What should the trial court do once an
offender files an application for probation?
The trial court may 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. [PRES. DECREE NO.
968 (1976), sec. 4]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What are the criteria for placing an
offender on probation?
The court shall consider (a) all information relative to the
character, antecedents, environment, mental and physical
condition of the offender and (b) available institutional and
community resources. [PRES. DECREE NO. 968 (1976), sec. 8]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 When may a court deny probation?
A court may deny an application for probation if it finds that:

1. The offender is in need of correctional treatment that can be provided

most effectively by his commitment to an institution; or

2. There is an undue risk that during the period of probation the offender
will commit another crime; or
3. Probation will depreciate the seriousness of the offense committed. [PRES.
DECREE NO. 968 (1976), sec. 8]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 May an order granting or denying
probation be appealed?
No. An order granting or denying probation shall not be
appealable. [PRES. DECREE NO. 968 (1976), sec. 4]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What is the nature of an order
granting probation?
An order placing a defendant on “probation” is not a “sentence” but is
rather in effect a suspension of the imposition of sentence. It is not a final
judgment but is rather an “interlocutory judgment” in the nature of a
conditional order placing the convicted defendant under the supervision of
the court for his reformation, to be followed by a final judgment of discharge,
if the conditions of the probation are complied with, or by a final judgment of
sentence if the conditions are violated. [Baclayon v. Mutia, 129 SCRA 148, 154
(1984)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 How long may a convict be
placed on probation?
If the convict is sentenced to a term of imprisonment of not more than
one (1) year, the period of probation shall not exceed two (2) years.

In all other cases, said period shall not exceed six (6) years.

When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment, the period of probation shall not be less than
nor be more than twice the total number of days of subsidiary imprisonment
as computed at the rate established in Article 39 of the Revised Penal Code.
[Sec. 14, Pres. Decree No. 968, as amended]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 May the period for probation be
shortened or made longer?
Yes, the period of probation may either be shortened or made longer,
but not to exceed the period set in the law. This is so because the period of
probation, like the period of incarceration, is deemed the appropriate period
for the rehabilitation of the probationer. [Bala v. Martinez, 181 SCRA 459 (1990)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What are the conditions imposed
on probation?
Two kinds of conditions may be imposed: (a) general or mandatory; and
(b) special or discretionary. [Baclayon v. Mutia, 129 SCRA 148]

It is mandatory that the probationer (i) present himself to the

probation officer designated to undertake his supervision at such place as may
be specified in the order within 72 hours from receipt of the order; and (ii)
report to the probation officer at least once a month at such time and place as
specified by such officer.

Indeterminate Sentence Law and Probation Law Dan P. Calica

 On the other hand, the trial court may impose several other conditions
like (i) meeting his family responsibilities, (ii) devoting himself to a specific
employment, (iii) pursue secular study or vocational training, (iv) refrain from
visiting houses of ill-repute, (v) reside at premises approved by the probation
officer and not to change his residence without prior written approval, among
others.

The only limitation in imposing conditions is that they must not be

unduly restrictive of the liberty of the probationer or incompatible with his
freedom of conscience. [PRES. DECREE NO. 968 (1976), sec. 10]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 What are the effects of violation of the
probation order?
Upon the failure of the probationer to comply with any of the
conditions prescribed in the order, or upon his commission of another
offense, he shall serve the penalty imposed for the offense under which he
was placed on probation. [PRES. DECREE NO. 968 (1976), sec. 15]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 When and how is probation terminated?
The expiration of the probation period alone does not automatically
terminate probation. Nowhere is the ipso facto termination of probation
found in the provisions of the probation law. Probation is not coterminous
with its period. There must first be issued by the court an order of final
discharge based on the report and recommendation of the probation officer.
Only from such issuance can the case of the probationer be deemed
terminated. [Bala v. Martinez, 181 SCRA 459 (1990)]

Indeterminate Sentence Law and Probation Law Dan P. Calica

 Final discharge will restore civil rights lost or
suspended and totally extinguish criminal liability
“SEC. 16. Termination of Probation. — After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding that he has fulfilled
the terms and conditions of his probation and thereupon the case is deemed
terminated.
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.
The probationer and the probation officer shall each be furnished with a
copy of such order.” [Rep. Act No. 10707 (2015), sec. 3]

Indeterminate Sentence Law and Probation Law Dan P. Calica