RA 10707 (Probation Law)
not appealable, THE ACCUSED MAY
PURPOSE:
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.
• 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.
• Probationer - means a person placed on
probation
• Probation Officer - means one who
investigates for the court a referral for
probation or supervises a probationer or
both.
GRANT OF PROBATION –
• No application for probation shall be
entertained or granted if the defendant has
perfected the appeal from the judgment
of conviction.
- 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 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.
- Although an order denying probation is
FILE A MOTION FOR CERTIORARI
FROM SAID ORDER.
PETITION FOR PROBATION
Must be filed:
- directly with the Court which sentenced
the accused
- w/in 15 days FROM date of
promulgation of the decision convicting
the accused (within the period to appeal)
Otherwise:
- the judgment shall become final and
- the accused shall be deemed to have
waived his right to probation
EFFECT OF FILING OF PETITION FOR
PROBATION:
1) Upon filing, the court shall suspend the
execution of sentence.
2) Filing of a petition for probation shall be
deemed a waiver of the right to appeal
- In case an appeal is already filed, filing
such petition shall be deemed a
withdrawal of the appeal.
PRIVILEGES GIVEN TO THE ACCUSED
PENDING RESOLUTION OF THE PETITION
FOR PROBATION
• IF the accused, prior to the promulgation of
decision of conviction is out on bail:
- he may be allowed on temporary liberty
under his bail filed in said case
• IF he is under detention upon motion, he
may be allowed temporary liberty,
• IF he cannot post a bond:
- He shall be released on a recognizance
of a responsible member of a community
who shall guarantee his appearance
whenever required by the court.
• IF he cannot be produced by such
custodian on recognizance:
- Custodian shall be asked to explain why
he should not be cited for contempt
- Summary hearing shall then be held
- If custodian does not produce the
accused or does not explain his failure –
 he shall be cited in contempt
POST SENTENCE INVESTIGATION REPORT,
DEFINED:
• A report of the Parole and Probation Officer
after conducting post sentence investigation
and interviews containing the circumstances
surrounding the offense for which the
petitioner was convicted.
➢ Findings should be drawn FROM:
- court records, police records, statement
of the defendant, aggrieved party or
other persons who may know the
accused and all other matters material to
the petition.
➢ Includes:
- The psychological and social information
regarding the probationer; evaluation of
the petitioner; suitability for probation; his
potential for rehabilitation;
➢ It shall recommend either:
- To deny or grant the probation
- If granted, it shall recommend the
program for supervision and suggested
terms or conditions of probation
CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
- The Court shall consider all information
relative, to the character, antecedents,
environment, mental and physical
condition of the offender, and available
institutional and community resources.
PROBATION SHALL BE DENIED IF:
a. the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
b. there is undue risk that during the period
of probation the offender will commit
another crime; or
c. probation will depreciate the seriousness
of the offense committed.
DISQUALIFIED OFFENDERS:
a. sentenced to serve a maximum term of
imprisonment of more than 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
6 months & 1 day and/or a fine of more
than P1,000.00
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.
ADDITIONAL NOTES:
- Those convicted of RA 9156 -
Dangerous Drugs Act of 2002
- Those convicted of violation of election
laws.
- Those entitled to benefits under PD 603
or Child and Youth Welfare Code and
related laws.
- Those who have perfected an appeal
(probation and appeal are mutually
exclusive remedies)
“MANDATORY” CONDITIONS OF
PROBATION
1. To present himself to the probation
officer concerned for supervision within
72 hours from receipt of said order and
2. to report to the probation officer at
least once a month during the period of
probation.
“OTHER” CONDITIONS OF PROBATION
1. Cooperate with a program of supervision;
2. Meet his family responsibilities;
3. Devote himself to a specific employment
and not to charge said employment
without prior written approval of the
probation officer;
4. Comply with a program of payment of
civil liability to the victim of his heirs;
5. Undergo medical, psychological or
psychiatric examination and treatment
and/or enter and remain in a specific
institution, when required for that
purposes;
6. Pursue a prescribed secular study or
 vocational training;
7. Attend or reside in a facility established
for instruction or recreation of persons on
probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating
beverages to excess;
10. Permit the probation officer or an
authorized social worker to visit his home
and place of work;
11. Reside at premises approved by the
court and not to change his residence
w/o prior written approval; and
12. Satisfy any other condition related to the
rehabilitation of the probationer and not
unduly restrictive of his liberty or
incompatible with his freedom of
conscience.
13. Plant trees (see circular of the SC)
FAILURE TO COMPLY WITH CONDITIONS
OR COMMISSION OF ANOTHER OFFENSE
- He shall serve the penalty imposed for
the offense under which he was placed
on probation. (order for re-arrest).
- If the violation is established, the court
may revoke or continue his probation and
modify the conditions thereof.
o If revoked, the court shall order
the probationer to serve the
sentence originally imposed. An
order revoking the grant of
probation or modifying the terms
and conditions thereof shall not be
appealable.
RULES ON OUTSIDE TRAVEL OF
PROBATIONER
- A probationer who desires to travel
outside the jurisdiction of the city or
provincial probation officer, MUST SEEK
THE PERMISSION OF:
• IF for NOT more than 30 days:
- The parole and probation officer
• IF for MORE than 30 days:
- The parole and probation officer +
the court
EFFECT OF APPEAL BY THE ACCUSED OF
HIS CONVICTION
• IF the accused appeals his conviction:
1) For the purpose of totally reversing his
conviction
OR
2) EVEN if the appeal is only with respect to
the penalty (on the ground that it is
excessive or wrong or is probationable)
➢ He is deemed to have waived his right to
probation.
➢ If already filed, then it is an abandonment of
such petition for probation.
PERIOD OF PROBATION:
a. The period of probation of a defendant
sentenced to a term of imprisonment of:
- not more than 1 year shall not exceed 2
years, and
- in all other cases (1 year and above),
said period shall not exceed 6 years.
b. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment in case of insolvency, the
period of probation shall not be less than nor
more than 2x the total number of days of
subsidiary imprisonment as computed at the
rate established, in Art. 39, RPC, as amended
MODIFICATION OF CONDITION OR PERIOD
OF PROBATION
- The court, on motion, OR motu propio may
modify the conditions or the period of probation
as circumstances may warrant
EFFECT OF TERMINATION OF PROBATION
- The final discharge of the probationer
shall operate to:
1. restore to him all civil rights lost or
suspended as a result of his conviction
and
2. to totally extinguish his criminal
liability as to the offense for which
probation was granted.
AMENDMENT TO SECTION 4 OF PD 968
The trial court may:
- after it shall have convicted and
sentenced a defendant, and
 - upon application by said defendant w/in
the period to 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;
PROVIDED that no application for probation
shall be entertained or granted:
- IF the defendant has perfected the appeal from
the judgment of conviction.
• Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only.
• An application for probation shall be filed
with the TRIAL COURT.
• 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
Note: A person who was sentenced to destierro
cannot apply for probation.
Reason: it does not involved imprisonment or
fine. (PD 1990)
CONFIDENTIALITY OF RECORDS OF
PROBATION
GR: The investigation report and the supervision
and history of a probationer:
- shall be privileged and
- shall not be disclosed directly or
indirectly to anyone other than the
probation administration or the court
XPN: Any government office may ask for the
records of probation from the court or the
administrator for its official use
NOTE: The court which granted the probation or
where the probation was transferred may allow
the probationer or his lawyer to inspect such
documents, whenever such disclosure may be
desirable or helpful to them.
VIOLATION OF CONFIDENTIAL NATURE OF
PROBATION REPORTS (Sec 29, PD 968)
Penalty:
- imprisonment (6 months and 1 day TO 6
years) and
- fine (hundred to 6K pesos)
JURISPRUDENCE
UNDERLYING PHILOSOPHY OF PROBATION
• The underlying philosophy is indeed one of
liberality towards the accused. It is not
served by a harsh and stringent
interpretation of the statutory provisions.
• Probation is taken towards the deterrence
and minimizing of crime and the
humanization of criminal justice.
• The right of appeal should not be irrevocably
lost from the moment a convicted accused
files an application for probation. Appeal and
probation spring from the same policy
considerations of justice, humanity, and
compassion.
PROBATION IS NOT A RIGHT BUT A
PRIVILEGE
• Probation is a mere privilege and its grant
rests solely upon the discretion of the
court. This discretion is to be exercised
primarily for the benefit of organized society
and only incidentally for the benefit of the
accused.
• Even if a convicted person is not disqualified,
the grant of probation is nevertheless not
automatic nor ministerial; a petition for
probation may be denied by the Court.
MAIN CRITERION FOR DETERMINING WHO
MAY BE GRANTED PROBATION
• The main criterion: Based on the penalty
imposed and NOT on the nature of the
crime.
- The reason given by a judge for denying
a petition for probation that, "probation
will depreciate the seriousness of the
offense committed" would thus be writing
into the law a new ground for
disqualifying a first-offender from the
benefits of probation.
WHEN TO FILE A PETITION FOR PROBATION
• Accused must file the petition: w/in the
period for appeal.
• IF the decision of conviction has become
final and executory: the accused is barred
from filing such petition.
- and not necessarily those who have been
convicted of multiple offenses in a single
proceeding
Basis of the disqualification: is principally the
gravity of the offense committed and the
concomitant degree of penalty imposed.

EFFECT OF FILING PETITION FOR Note: Those sentenced to a maximum term NE

PROBATION 6 yrs are not generally considered callous, hard
1. Filing makes a judgment of conviction final. core criminals, and thus may avail of probation
- HOWEVER, the judgement is not
executory until the petition for probation
is resolved.
2. The filing of such petition is a waiver by the
accused of his right to appeal the judgement
of conviction.

MULTIPLE CONVICTIONS IN SEVERAL

CASES IS STILL PROBATIONABLE - IF THE
PENALTY FOR EACH CONVICTION IS
PROBATIONABLE
- The law does not intend to sum up the
penalties imposed but to take each
penalty, separately and distinctly with the
others.
- Each crime committed on each date of
each case, as alleged in the informations,
even if one was charged of different
crimes by different complainants,
committed on separate days is
probationable

• IF each prison term imposed on petitioner

was probationable.

CUT OFF POINT OF PROBATION: MAXIMUM

OF 6 YEARS IMPRISONMENT
Reason: Fixing the cut-off point is based on the
assumption that those sentenced to higher
penalties pose 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 disqualifies:

- Only those who have been convicted of
grave felonies Art. 9