PROBATION – is a disposition where the offender after conviction and sentence is

released subject to the conditions of the court and the supervision of the
probation officer.

PURPOSE OF PROBATION
1. Promote correction and rehabilitation of an offender by providing and
individualized treatment.
2. Provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence.
3. Prevent the commission of offense
DISQUALIFIED:
1. Sentenced to serve a maximum term of imprisonment of more than 6 years
2. Convicted of any crimes against national security
3. Those who have been previously 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 1,000
4. Who have been once on probation under the provisions of PD 968
5. Who are already serving sentence at the time the substantive provisions of
this Decree became applicable
CONDITIONS:
1. 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 the receipt of the said order
2. Report to the probation officer at least once a month at such time and
place as specified by said officer
3. Cooperate with a program of supervision
4. Meet his family responsibilities
5. Devote himself to a specific employment and not change employment
without the prior written approval of the probation officer
6. Refrain from visiting houses of ill-repute
7. Abstain from drinking intoxicating beverages in excess
 8. Reside at premises approved and not change residence without prior
written approval
DENIED:
1. The offender is in need of correctional treatment
2. There is undue risk that during the period of probation, the offender will
commit another crime
3. Probation will depreciate the seriousness of the offense committed

TOTAL EXTINCTION OF CRIMINAL LIABILITY

• by death of the convict
• by service of the sentence
• by amnesty
• by absolute pardon
• by prescription of the crime
• by prescription of the penalty
• by marriage of the offended woman
PARTIAL EXTINCTION OF CL
• By conditional pardon (exemption within certain limits or conditions)
• By commutation of sentence (reduction of the duration of a prison
sentence)
• For good conduct allowances

PRESCRIPTION OF CRIMES (1st day excluded, last day included)

• Death, RP & RT – 20 yrs
• Other afflictive penalties – 15 years
• Correctional penalties except AM – 10 years
• AM – 5 years
• Libel & other similar offenses – 1 yr
• Oral defamation and slander by deed – 6 mons
• Light offenses – 2 mons
PRESCRIPTION OF PENALTIES (imposed by final judgment)
• Death and RP – 20 years
• Other afflictive penalties – 15 years
• Correctional penalties – 10 years
• Light felonies – 1 year

PREJUDICIAL QUESTION – one e/c arises in a case, the resolution of which is a

logical antecedent of the issue involved in said case and the cognizance of which
pertains to another tribunal
INCLUDED IN CIVIL LIABILITY:
• Resititution – in theft, the culprit is duty bound to return the property
stolen
• Reparation of damage caused – in case of inability to return the property
stolen, the culprit must pay the value of the property stolen
• Indemnification – the lost of salary or earnings
EXEMPLARY DAMAGES –may be imposed when the crime was committed with
one or more aggra cir; cannot be recovered as a matter of right , the court will
decide whether they should be adjudicated