PROBATION

LAW

PROBATION DEFINED

Probation is a system of tutelage under the

supervision and control of the court which has
jurisdiction over the convicted defendant, has the
record of his conviction and sentence, the records
and reports as to his compliance with the
conditions of his probation, and the aid of the
local probation officer, under whose supervision
the defendant is placed." It consists of the
conditional suspension of punishment while the
offender is placed under personal supervision and
is given individual guidance or treatment.

PROBATION DEFINED UNDER P. D. 968

"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."

PURPOSE OF PROBATION
UNDER ACT NO. 4221
The

basic purpose of probation is to

provide
an
individualized
program
offering a young or unhardened offender
an opportunity to rehabilitate himself
without institutional confinement, under
the tutelage of a probation official and
under the continuing power of the court to
impose institutional punishment for his
original offense in the event that he abuse
such opportunity, and courts have a wide
discretion to accomplish such purpose.

ORIGIN OF PROBATION LAW

The history of probation started at Boston in 1841 when John Augustus, a cobbler
stood bail for a drunkard. The drunkard, while under Augustus supervision was
taught the art of shoe making and started to show signs of reform. This prompted
Augustus to extend the project. In fact he supervised close to 2,000 persons during
the following years of his life. In the course of his dealings with the offenders, he
developed several features some of which, as will be seen later, became standard
practices of probation.
These features included selectivity of screening, supervision of the activities of the
offenders, use of community resources, the provision of a place for the offenders'
dependents, submission of progress reports to the court, and the maintenance of
the record filing system.1 Augustus' work was carried on by Rufus R. Cook,
Chaplain of the County Jail and Representative of the Boston Children's Aid
Society and Matthew David XIV of Birmingham, England. The same procedure as
developed by Augustus was used. However, investigations were scanty, probation
periods short, and plans of treatment and supervision were not much in evidence.2
Probation became firmly established during the second half of the 19th century
when in 1878, the State of Massachusetts started the first paid probation officer
for the courts of Criminal Jurisdiction in the City of Boston.On March 4, 1925,
through the efforts of Charles Lionel Chute, the First Federal Probation Act of the
United States was approved

PROBATION LAW IN THE

PHILIPPINES

Act No. 4221, otherwise known as the Philippine Probation

Act of 1935 was enacted to permit the "individualization of
punishment," the adjustment of the penalty to the
character of the criminal and the circumstances of his
particular case. It provided a period of grace in order to aid
in the rehabilitation of a penitent offender. It was believed
that in many cases, convicts may be reformed and their
development into hardened criminals aborted. It therefore
took advantage of an opportunity for the reformation and
avoidance of imprisonment so long as the convict gave
promise of reform. The welfare of society was its chief end
and aim. The benefit to the individual convict was merely
incidental. But while the Philippine Probation Act of 1935
was commendable as a system, the law was set aside
because of repugnancy to the fundamental law.

PROBATION LAW OF 1976 (P. D. 968)

Basic Differences Between P.D. 968 and the Probation Act of 1935

With the promulgation of Presidential Decree No. 968, the discriminatory effect of Section 11 of the old
Probation Law was totally removed.
Section 23 of the new Probation Law expressly and explicitly provides that "There shall be at least one
probation officer in each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and rules."

PURPOSE OF THE LAW UNDER P.D.

968
(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.

DEFINITION OF TERMS
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 supervision a
probationer or both.

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.

EXCEPTIONS;
(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.

As to the period of probation, Section 7 of the old Probation

Act provided that the period of probation of a probationer
found guilty of "any other offense" did not exceed twice the
maximum time of imprisonment to which he might be
sentenced unlike in the new Probation Law which provides
in Section 14 that "in all other cases, the probation period
shall not exceed 6 years." The new law, therefore, provides
for a definite and shorter probation period. Another major
change introduced by the new Law is found in Section 4
thereof which provides: "An order granting or denying
probation shall not be appealable." Nowhere in the old
Probation Law can there be found a provision to this effect.
Whether this substantial change would have a great
bearing on the implementation of the new Probation Law
still remains to be seen. Section 9 of the new Probation Law
contains a general enumeration, as contrasted to the
specified crimes provided by the old law. Section 9 provides
that

DISQUALIFIED OFFENDERS
(a) sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of any offense against the security of the
State;
(c) 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;
(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.

CONDITIONS OF PROBATION
(a)

present himself to the probation

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

CONDITIONS THAT MAY BE

IMPOSED BY THE COURT
(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;

CONDITIONS THAT MAY BE

IMPOSED BY THE COURT
(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.

EFFECTIVITY OF PROBATION
ORDER

A probation order shall take effect upon

its issuance, at which time the court shall
inform the offender of the consequences
thereof and explain that upon his failure
to comply with any of the conditions
prescribed in the said order or his
commission of another offense, he shall
serve the penalty imposed for the offense
under which he was placed on probation.

MODIFICATION OF CONDITIONS OF
PROBATION
During

the period of probation, the court

may, upon application of either the
probationer or the probation officer, revise or
modify the conditions or period of probation.
The court shall notify either the probationer
or the probation officer of the filing such an
application so as to give both parties an
opportunity to be heard thereon.
The court shall inform in writing the
probation officer and the probationer of any
change in the period or conditions of
probation.

CONTROL AND SUPERVISION OF

PROBATIONER
The probationer and his probation program shall be
under the control of the court who placed him on
probation subject to actual supervision and visitation by
a probation officer.
Whenever a probationer is permitted to reside in a place
under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court
of First Instance of that place, and in such a case, a copy
of the probation order, the investigation report and other
pertinent records shall be furnished said Executive
Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously
possessed by the court which granted the probation.

PERIOD OF PROBATION
(a) The period of probation of a defendant
sentenced to a term of imprisonment of not
more than one year shall not exceed two years,
and in all other cases, said period shall not
exceed six 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 to be
more than twice the total number of days of
subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the
Revised Penal Code, as amended.

ARREST AND SUBSEQUENT

DISPOSITION OF PROBATIONER

Arrest of Probationer; Subsequent Disposition. 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. The
defendant may be admitted to bail pending such hearing. In
such a case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to
probationers arrested under this provision. 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. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be
appealable.

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 suspend as a
result of his conviction and to fully discharge his
liability for any fine imposed 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.

PROBATION ADMINISTRATOR, DUTIES

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation
officers;
(c) make annual reports to the Secretary of Justice, in such
form as the latter may prescribe, concerning the operation,
administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of
Justice, the necessary rules relative to the methods and
procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment
of the subordinate personnel of his Administration and
other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers
as may be necessary or incidental to achieve the objectives
of this Decree.

QUALIFICATIONS OF PROBATION
ADMINISTRATOR AND ASST. ADMINISTRATOR
To be eligible for Appointment as Administrator
or Assistant Probation Administrator:
a person must be at least thirty-five years of
age,
holder of a master's degree or its equivalent in
either criminology, social work, corrections,
penology, psychology, sociology, public
administration, law, police science, police
administration, or related fields,
and should have at least five years of
supervisory experience, or be a member of the
Philippine Bar with at least seven years of
supervisory experience.

REGIONAL PROBATION OFFICER

Regional Probation Officer who shall be appointed
by President of the Philippines in accordance with
the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise
supervision and control over all probation officer
within his jurisdiction and such duties as may
assigned to him by the Administrator.
He shall, whenever necessary, be assisted by an
Assistant Regional Probation Officer who shall also
be appointed by the President of the Philippines,
upon recommendation of the Secretary of Justice.

DUTIES OF PROVINCIAL AND CITY

PROBATION OFFICER
(a) investigate all persons referred to him for investigation by the proper
court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation
aide on the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers
under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports
as may be required by the Administration or the court having jurisdiction
over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;
(g) exercise supervision and control over all field assistants, probation
aides and other personnel; and
(h) perform such duties as may be assigned by the court or the
Administration.

MISCELLANEOUS POWERS OF
PROVINCIAL AND CITY PROBATION
OFFICERS.

Provincial or City Probation Officers shall have

the authority within their territorial jurisdiction
to administer oaths and acknowledgments and to
take depositions in connection with their duties
and functions under this Decree. They shall also
have, with respect to probationers under their
care, the powers of police officer.

QUALIFICATIONS OF REGIONAL,
ASSISTANT REGIONAL, PROVINCIAL, AND
CITY PROBATION OFFICERS

No person shall be appointed Regional or

Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a
bachelor's degree with a major in social work,
sociology, psychology, criminology, penology,
corrections, police science, administration, or
related fields and has at least three years of
experience in work requiring any of the
abovementioned disciplines, or is a member of
the Philippine Bar with at least three years of
supervisory experience.

VIOLATION OF CONFIDENTIAL
NATURE OF PROBATION RECORDS.
The

penalty
of
imprisonment
ranging from six months and one day
to six years and a fine ranging from
hundred to six thousand pesos shall
be imposed upon any person who
violates Section 17 hereof.

ESSENTIAL ELEMENTS OF THE

PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968
First, it is a "single or one-time" affair, meaning
that a convicted person can only take advantage
of a probation once in his lifetime. If he is
convicted again, such person can no longer avail
himself of another probation.
Secondly, our probation system is highly
selective. Probation is made available only to
those convicted of certain crimes.
Lastly, persons under probation retain their civil
rights, like the right to vote, or practice one's
profession, or exercise parental or marital
authority.

DISTINCTIONS
Parole

Probation

Parole is a conditional release

from actual confinement
under sentence of
imprisonment;
contingent upon future
conduct with respect to terms
of parole;

relates to action taken before prison door is

closed, and before final conviction,
An order placing a defendant on probation is
not a final judgment, but is rather an
"interlocutory judgment" in the nature of a
conditional order placing the defendant
under the supervision of the court for his
reformation, to be followed by a final
judgment of discharge, if the conditions of
probation are complied with, or by a final
judgment of sentence if the conditions are
violated.

and the parolee is subject to

future confinement for the
unserved portion of sentence
in the event he violates
provisions of parole.
parole relates to action taken
after the prison door has been
closed, and partakes of the
nature of pardon, for it
suspends execution of penalty
already imposed

Probation

probation suspends sentence during good

behavior.

Suspension of Sentence

A suspension of sentence
postpones execution of sentence
for a definite time

CONCEPT OF PROBATION
The basic legal conception of probation in the Decree
are twofold:
First, as a conditional suspension of the execution of
sentence; and
Second, as a personal care or treatment and
supervision over the probationer.
The former denotes that the court assumes a
primary role because a grant of probation is
judicially dispensed and controlled.
The latter indicates the administrative aspect of
probation through the supervision of a probation
officer and from the point of view of social workers, a
social casework treatment.

BENEFITS AND ADVANTAGES OF

PROBATION

To society - A crime, though we may call it an

anti-social act, is still an act within society, an
act that calls for a social re-action, punitive and
remedial and this is where there emerges the
positive factor in the challenge that is crime. This
is where the quality, humaneness and
resourcefulness of a civilization are made
manifest.

To the offender - In the absence of any provision for the

use of probation as an alternative to incarceration, a
convicted offender would accumulative suffer the loss
not only of family contacts and job, but also, with the
mass treatment in prison, loss of privacy or any
privileges requiring exercise of personal freedom of
choice.

 To

the government - the confinement of

all offenders in prisons and other
institutions with rehabilitation programs
constitutes an onerous drain on the
financial resources of the country.
Probation is thus a less costly alternative
to the imprisonment of offenders.

REPUBLIC ACT 10707

(PROBATION LAW OF 2015), AMENDING P.D. 968

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; Provided,
That when a judgment of conviction imposing a nonprobationable 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
The trial court shall, upon receipt of the application filed,
suspend the execution of the sentence imposed in the
judgment. 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."

NATURE OF ORDER GRANTING

PROBATION

An order placing defendant on probation is not a

sentence but rather in effect, a suspension of the
imposition of sentence. It is not a final judgment
but 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 vs Mutia G.R. No. L-59298,
April 30 1984)

CONDITIONS OF PROBATION
A. Present himself to the probation officer
designated to undertake supervisions at such
place as may be specified in the order within 72
hours from the receipt of the order.
B. Report to the probation officer at least, once a
month at which time and place as specified by the
said officer.

FOR HOW LONG MAY A CONVICT BE

PLACED ON PROBATION
1.

2.

3.

If the convict is sentenced to a term of

imprisonment of not more than 1 year, the
period of probation shall not exceed 2 years
In all other cases, if he is sentenced to more
than one year, said period shall not exceed six
years
When the sentence imposes a fine only and the
offender is made to serve subsidiary
imprisonment, the period of probation shall be
twice the total number of fays of subsidiary
imprisonment.

DOES PROBATION AFFECTS THE

CIVIL LIABILITY OF THE ACCUSED?
Probation

affects only the criminal

aspect of the case. The suspension of
the sentence imposed on the accused
who is granted probation has no
bearing on his civil liability. The
court must hear the civil aspect.
(Budlong v Alipasok GR No. L60151, June 24, 1983)

Sec. 2. Section 9 of the same Decree, as amended, is

hereby further amended to read as follows:
"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 been previously 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 ten thousand (P 10,000.00) pesos.
(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

Sec. 3. Section 16 of the same Decree, as amended,

is hereby further amended to read as follows:
"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.

 Sec.

4. Section 24 of the same Decree is hereby

amended to read as follows:
"Sec. 24. Miscellaneous Powers of Regional,
Provincial and City Probation Officers.
Regional, Provincial or City Probation
Officers shall have the authority within their
territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in
connection with their duties and functions
under this Decree. They shall also have with
respect to probationers under their care, the
powers of a police officer. They shall be
consideredas persons in authority."