Layug, Lorence Jade 3-24-2021

BS-Criminology 3rd Yr. BLK, C

ACTIVITY 3

1. Define probation.
ANS: Probation is a disposition under which a defendant (accused) after conviction and
sentence, is released subject to conditions imposed by the court and to the supervision of
a Probation (and Parole) Officer.

2. Explain the effect of filing an application for probation.

ANS: The Trial Court may, upon receipt of the application filed, suspend the execution
of the sentence imposed in the judgment.

Pending the submission of the PSIR (PPA from No.3) and the resolution on the
application, the applicant may be allowed on temporary liberty under his bail filed in the
criminal case: provided, that in case where no bail was filed or the applicant is incapable
of filing one, the trial court may allow the release of the applicant on recognizance to the
custody of a responsible member of the community who shall guarantee his appearance
whenever required by the trial court.

3. Can probation be denied without prior investigation? Explain.

ANS: There is nothing in the law which requires that such an investigation should be
made or conducted in every case as an essential condition before the court may deny an
application for probation. Thus, the Court may out rightly deny an application for
probation if it appears that the petitioner is disqualified to avail the privilege of probation,
to wit:

Petitioner is covered by the statutory disqualifications as provided for under Section 9

Ibid, i.e.

1. he is sentenced to serve a maximum term of imprisonment of more than six (6) years;
or

2. is convicted of any offense against national security; As amended by RA 10707

3. is previously convicted of any offence punished by imprisonment of more than six

(6) months and one (1) day and/or a fine of more than P 1,000.00; As amended by
RA 10707

4. that he has been previously placed on probation; or

5. that he is presently serving his sentence in jail;

 6. That he is covered by PD 603, as amended particularly Article 192, as the law
provides that those entitled to the benefits of the Decree (otherwise known as the
child and youth welfare code) must be dealt with in accordance with the said law;

7. That he was charged and convicted under RA 9165 otherwise known as the
Comprehensive Dangerous Drugs Act of 2002 (repealed RA 6425, as amended),
except when charged and convicted under Article II, Section 10, paragraph 1; and
Article XI, Section 91, paragraph 2 as the penalties on these provisions are within the
probationable period/sentence;

8. That he was charged and convicted for violation of the omnibus election code
pursuant to section 264, BP 881 as amended, which states that any person found
guilty of any election offence under the code shall be punished x x x and shall not be
subject to probation;

9. That he was charged and convicted for violation of section 9, PD 1987 (An Act
Creating the Video gram Regulatory board dated October 5, 1985) which states that
the provisions of PD 968, as amended shall not apply in cases of violations of the
Decree as well as its implementing rules and regulations; and

10. That he is charged and convicted for violation of section 12, RA 6762, otherwise
known as the Wage Rationalization Act, which was approved on June 9, 1989 and
provides that violators of the law shall not be entitled to the benefits of the probation
law.

4. What is the effect of probation on the civil liability of an offender? Explain.

ANS: Probation is alternative for imprisonment not a mode of discharging the civil
liability, which is owed not to the state but the offended party. Clearly, the civil liability
is enforceable during the probation period, as it is only the execution of the sentence that
remains suspended during the probation period. Probation, therefore, should not be
understood as indicating the suspension of the civil liability of the defendant/probationer.
Indeed, under Article 113 in relation to Article 112, Revised Penal Code, except in
case of extinction of the civil liability in accordance with the provisions of the Civil Law,
the offender/probationer shall continue to be obliged to satisfy the civil liability resulting
from the crime committed by him, notwithstanding the fact that he has served his
sentence consisting of deprivation of liberty or other rights, or has not been required to
serve the same by reason of amnesty, pardon, commutation of sentence, or any other
reason, like probation.