PD 968: The Probation Law
the petition for probation
Probation is a disposition under which an
accused, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer. It is a privilege granted
by the court; it cannot be availed of as a
matter of right by a person convicted of a
crime. To be able to enjoy the benefits of
probation, if must first be shown that an
applicant has none of the disqualification’s
The Probation Law has objectives similar to
the Indeterminate Sentence Law:
1.) Rehabilitation and correction of the
accused through 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 further commission of crimes
as he is placed under the probation officer's
supervision
4.) Decongest the jails
5.) Save the government from spending
money for maintaining the accused in
prison
Probation is a privilege, not a right. It can
be granted only if the accused deserves it.
If granted, the accused will be convicted
but released. He will then comply with
mandatory and discretionary conditions
imposed by the court and be placed under
the supervision of a probation officer. The
discretionary conditions depend on the
court's assessment of the accused but they
must be constructive, consistent with his
conscience, not as burdensome as the
original penalty of the crime and must not
unreasonably restrict his liberty.
Note: must not unreasonably restrict his
liberty. A penalty is always a restriction of
liberty but restrictions must be reasonable
and proportionate to the offense.
Post-Sentence Investigation
 No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby.
 The investigation report to be submitted
by the probation officer shall be in the form
prescribed by the Probation Administrator
and approved by the Secretary of Justice.
 The probation officer shall submit to the
court the investigation report on a
a.) Treason
b.) Conspiracy & proposal to commit treason
c.) Misprision of Treason
defendant and the court shall resolve
 Pending submission of the investigation
report and the resolution of the petition,
the defendant may be allowed on
temporary liberty under his bail filed in
the criminal case
Period of Probation
In essence a time-bound condition. It is a
condition in point of time which may be
shortened and lengthened within the
statutory limits and the achievements by
the probationer of the reasonable degrees
of social stability and responsibility from
the measured observation of the
supervising officer and the exercise
discretion by the court in decisive order.
Criteria for Placing an Offender on
Probation
In determining whether an offender may be
placed 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.
Note: Probation may be granted whether
the penalty is imprisonment or a fine only.
For imprisonment, the penalty should be 6
years or less.
Denial of Probation
Probation will be denied in any of the
following circumstances:
1.) The accused needs correctional
treatment that can best be provided if he is
committed to an institution
2.) There is an undue risk that he will
commit another crime during the probation
period.
3.) Probation will make the offense not look
serious.
Regarding #3, there is a case where
an accused's application for probation was
denied because she didn't comply with the
court's orders in 54 counts of BP 22
violations and instead executed a
simulated (fake) deed of sale (Santos vs CA,
GR127899, December 2, 1999.)
There are also disqualifications. These are:
1.) The prison term exceeds 6 years (even
if by just 1 day)
2.) Those convicted of subversion
3.) Those convicted of the following crimes
against national security:
d.) Espionage
e.) Inciting to war and giving motives to reprisal
f.) Violation of neutrality
 g.) Correspondence with hostile country
h.) Flight to enemy country
4.) Those convicted of the following crimes
against public order:
a.) Rebellion, insurrection, coup, sedition
b.) Illegal assemblies and associations
c.) Direct/indirect assault, resistance
disobedience
5.) Those who were previously convicted of
a crime punishable by at least 1 month and
1 day and/or a fine of at least Php200.00
6.) Those who were once recipients of
probation (probation can be granted to a
person only once.)
7.) Those who were already serving
sentence when the Probation Law took
effect (Martial Law years)
8.) Those enjoying the benefits of PD 603
(the Child and Youth Welfare Code) and
similar laws
9.) Those who perfected an appeal
(probation and appeal are mutually
exclusive remedies; you can't use both at
the same time.)
Probation Conditions
The mandatory conditions
1.) To report to the probation officer
within 72 hours from the time the
order was received; and
2.) To regularly report to the
probation officer at least once a
month or sooner as may seem fit.
Special or discretionary conditions - those
additional conditions imposed on the
probationer which are geared towards his
correction and rehabilitation outside of
prison and right in the community to which
he belongs.
Court may require probationer to:
(a) cooperate with a program of
supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific
employment and not to change said
employment without the prior
written approval of the probation
officer;
(d) undergo medical, psychological
or psychiatric examination and
treatment and enter and remain in
a specified institution, when
required for that purpose;
(e) pursue a prescribed secular
study or vocational training;
(f) attend or reside in a facility
established for instruction,
recreation or residence of persons
on probation;
i.) Piracy and mutiny
d.) Public disorders (tumults, alarms and
scandals)
an e.) Delivery of prisoners from jail
f.) Evasion of service of sentence
g.) Quasi-recidivism
(g) refrain from visiting houses of
ill-repute;
(h) abstain from drinking
intoxicating beverages to excess;
(i) permit to probation officer or an
authorized social worker to visit his
home and place or work;
(j) reside at premises approved by
it and not to change his residence
without its prior written approval; or
(k) satisfy any other condition
related to the rehabilitation of the
defendant and not unduly restrictive
of his liberty or incompatible with
his freedom of conscience.
Probation may be granted whether the
penalty is imprisonment or a fine only. For
imprisonment, the penalty should be 6
years or less. Regarding those suffering
several prison terms, multiple terms are
distinct from each other. However, if the
total number of prison terms doesn't
exceed 6 years, the accused is entitled to
probation. The application for probation
must also be file during the period for
perfecting an appeal. Take note: conviction
becomes final if the accused applies for
probation. If granted, the accused's
sentence is suspended but still stands. If he
violates his probation, he can be arrested
and brought to court for an informal
summary hearing (but can post bail while
the hearing is going on as well.) If the
violation is proven, the court may or may
not revoke the probation. If probation is
revoked the accused will serve full
sentence. The revocation order is not
appealable.
Note: conviction becomes final if the
accused applies for probation. If granted,
the accused's sentence is suspended but
still stands. If he violates his probation, he
can be arrested and brought to court for an
informal summary hearing (but can post
bail while the hearing is going on as well.)
Revocation of Probation

At any time during probation, the court

may issue a warrant for the arrest of a
probationer for violation of any of the
conditions of probation. The probationer,
once arrested and detained, shall
immediately be brought before the court
for a hearing, which may be informal and
summary, of the violation charged.
If the violation is established, the
court may revoke or continue his
probation and modify the conditions
thereof. If revoked, the court shall
order the probationer to serve the
sentence originally imposed. The
revocation order is not appealable.

Termination of Probation

If the probation prisoner complies with his

requirements throughout the period of
probation the court will give him a final
discharge. The probationer 's civil rights
will then be fully restored and his penalties
and fines will be discharged.

Duration of Probation

1.) Imprisonment of not more than 1 year:

maximum probation of 2 years
2.) 1 to 6 years imprisonment: maximum
of 6 years
3.) Fine with subsidiary imprisonment:
twice the period computed in Art. 39 of the
Revised Penal Code