PROBATION LAW an appeal, and the filing of the application for probation operates as a waiver of the right to
appeal. (Palo vs. Militante, G.R. No. 76100, April 18, 1990, 184 SCRA 395, 400)
PRESIDENTIAL DECREE NO. 968, AS AMENDED BY PRESIDENTIAL DECREE NO. 1257, AND AS
FURTHER AMENDED BY BATAS PAMBANSA BLG. 76, PRESIDENTIAL DECREE NO. 1990 AND
REPUBLIC ACT NO. 10707
Probation, defined.
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.
Probation may be granted even if the sentence imposed a fine only, but with subsidiary
imprisonment.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine
with subsidiary imprisonment in case of insolvency.
Upon application by defendant for probation, the court may suspend the execution of the
sentence.
Subject to the provisions of the Decree (No. 968), the court may, after it shall have convicted
and sentenced a defendant and upon his application within the period for perfecting an
appeal, suspend the execution of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best.
Time for filing application for probation; purpose and effect.
What the law requires is that the application for probation must be filed within the period for
perfecting an appeal. The need to file it within such period was intended to encourage
offenders, who are willing to be reformed and rehabilitated, to avail of probation at the first
opportunity. Such provision was never intended to suspend the period for the perfection of
In sharp contrast with Section 4 as amended by P.D. No. 1257, in its present form, Section 4
establishes a much narrower period during which an application for probation may be filed
with the trial court: "after [the trial court] shall have convicted and sentenced a defendant
and — within the period for perfecting an appeal." As if to provide emphasis, a new proviso
was appended to the first paragraph of Section 4 that expressly prohibits the grant of an
application for probation "if the defendant has perfected an appeal from the judgment of
conviction." It is worthy of note too that Section 4 in its present form, i.e., as amended by P.D.
No. 1990, has dropped the phrase which said that the filing of an application for probation
means "the automatic withdrawal of a pending appeal." (Llamado vs. Court of Appeals, G.R.
No. 848, June 29, 1989, 174 SCRA 566, 574)
Note: The convict is not immediately placed on probation, for no person shall be placed on
probation except upon prior investigation by the probation officer and a determination by the
court. (Sec. 5)
Where application for probation filed.
An application for probation shall be filed with the trial court.
Convict who filed an application for probation cannot appeal.
The filing of the application for probation is a waiver of the right to appeal.
Inappealability of resolution on application for probation.
An order granting or denying probation is not appealable.
Nature of order granting probation.
An order placing defendant on "probation" is not a "sentence" but is rather in effect, a
suspension of the imposition of sentence. It is not a final judgment but is 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, No. L-59298, April 30, 1984, 129
SCRA 148, 154)
Probation officer to submit the investigation report not later than 60 days and the court to
resolve the application for probation not later than fifteen days after receipt of the report.
The probation officer shall submit to the court the investigation report on a defendant not
later than sixty days from receipt of the order of said court to conduct the investigation. The
court shall resolve the application for probation not later than fifteen days after receipt of
said report.
Pending submission of report and resolution of the petition, defendant may be released under
his bail filed in the criminal case.
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.
Defendant may be released on recognizance to the custody of a responsible member of the
community, (1) in case where no bail was filed, or (2) in case where defendant is incapable of
filing a bail.
The member of the community who takes custody of defendant on recognizance guarantees
only the latter's appearance whenever required by the court.
Criteria for placing an offender on probation.
The court shall consider
(1) all information relative to the —
character, antecedents, environment, mental, and physical condition of the offender
(2) available institutional and community resources.
When probation shall be denied.
Probation shall be denied if the court finds that:
the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
there is an undue risk that during the period of probation, the offender will commit
another crime; or probation will depreciate the seriousness of the offense committed.
The grant or denial of an application for probation does not rest solely on the offender's
potentiality to reform but also on the observance of demands of justice and public interest.
These are expressed in statutes enacted by the lawmaker. (Amandy vs. People, No. L-76258,
May 23, 1988, 161 SCRA 436, 440, citing Tolentino vs. Alconcel, 121 SCRA 92)
Who are the offenders disqualified from being placed on probation?
The benefits of the Decree shall not be extended to —
those sentenced to serve a maximum term of imprisonment of more than six years;
those convicted of any crime against the national security;
those who were previously convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and I or a fine of not more than one
thousand pesos;
those who have been once on probation under the provisions of the Decree; and
those who are already serving sentence at the time the substantive provisions of the
Decree became applicable pursuant to Section 33 thereof.
Previous offense punished by imprisonment of not less than 1 month and 1 day and/or a
fine of not more than P 1,000.
A was previously sentenced for an offense punished by 30 days imprisonment and/or by a
fine of P 100.00. A may be placed on probation, if convicted of a new offense. But if A was
previously sentenced to 1 month and 1-day imprisonment and/or to pay a fine of P1,000.00,
he is disqualified from being placed on probation if convicted of a new offense.
What are the conditions of probation? Example of condition that may not be imposed.

Every probation order issued by the court shall contain conditions requiring the probationer The court may not impose as a condition for the grant of probation that the probationer
to: should refrain from continuing her teaching profession. (Baclayon vs. Mutia, supra)

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 receipt of the order;
report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to do any of those enumerated in sub-paragraphs
(a) to (k) of Section 10 of the Decree.
Discretion of the court on probation.
Even if a convicted person falls within the classes of those qualified for probation, the grant
of probation is not automatic or ministerial. Probation is a privilege and its grant rests upon
the discretion of the court. The discretion is exercised primarily for the benefit of society as a
whole and only secondarily for the personal advantage of the accused. (Amandy vs. People,
No. L-76258, May 23,1988,161 SCRA 436, 443)

The conditions which trial courts may impose on a probationer may be classified into general
or mandatory and special or discretionary. The mandatory conditions, enumerated in Section Effect of probation on accessory penalties.
10 of the Probation Law, require that the probationer should (a) present himself to the
Accessory penalties are deemed suspended once probation is granted. (Baclayon vs. Mutia,
probation officer designated to undertake his supervision at such place as may be specified in
supra, at 154)
the order within 72 hours from receipt of said order, and (b) report to the probation officer
at least once a month at such time and place as specified by said officer. Special or
discretionary conditions are those additional conditions, listed in the same Section 10 of the
Probation Law, which the courts may additionally impose on the probationer towards his What are the effects of violation of probation order?
correction and rehabilitation outside of prison. The enumeration, however, is not inclusive. Upon the failure of the probationer to comply with any of the conditions prescribed in the
Probation statutes are liberal in character and enable courts to designate practically any term order, or upon his commission of another offense, he shall serve the penalty imposed for the
it chooses as long as the probationer's constitutional rights are not jeopardized. There are offense under which he was placed on probation.
innumerable conditions which may be relevant to the rehabilitation of the probationer when
viewed in their specific individual context. It should, however, be borne in mind that the
special or discretionary conditions of probation should be realistic, purposive and geared to For how long may a convict be placed on probation?
help the probationer develop into a law-abiding and self-respecting individual. Conditions
should be interpreted with flexibility in their application and each case should be judged on If the convict is sentenced to a term of imprisonment of not more than one year, the
its own merits — on the basis of the problems, needs and capacity of the probationer. The period of probation shall not exceed two years.
very liberality of the probation should not be made a tool by trial courts to stipulate instead
In all other cases, if he is sentenced to more than one year, said period shall not
unrealistic terms. (Baclayon vs. Mutia, No. L-59298, April 30, 1984, 129 SCRA 148, 152-153;
exceed six years.
Salgado vs. Court of Appeals, G.R. No. 89606, Aug. 30, 1990, 189 SCRA 304, 311)
 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 days of subsidiary
imprisonment.
When may a probationer be arrested, and what is the disposition once he is arrested?
At any time during probation, the court may issue a warrant for the arrest of a probationer
for any serious violation of the conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a hearing 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.
In the hearing, which shall be summary in nature, the probationer shall have the right to be
informed of the violation charged and to adduce evidence in his favor. The court shall not be
bound by the technical rules of evidence but may inform itself of all the facts which are
material and relevant to ascertain the veracity of the charge. The State shall be represented
by a prosecuting officer in any contested hearing. 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.
Notes:
The violation of the conditions of probation must be serious to justify the issuance of
a warrant of arrest.
The defendant may be admitted to bail pending hearing.
The hearing is summary in nature, but the probationer shall have the right to be
informed of the violation charged and to adduce evidence in his favor.
Court is not bound by the technical rules of evidence.
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 order revoking the grant of probation or modifying the term and conditions
thereof is not appealable.
When and how probation is terminated, and what are the effects of the termination?
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 fully discharge his liability for any fine imposed
as to the offense for which probation was granted.
The expiration of the probation period alone does not automatically terminate probation.
Probation is not coterminous with its period. There must first be issued by the court, an order
of final discharge based on the report and recommendation of the probation officer. Only
from such issuance can the case of the probationer be deemed terminated. (Bala vs. Martinez,
G.R. No. 67301, Jan. 29, 1990, 181 SCRA 459, 465-466)
Purpose of the Decree establishing a probation system.
The three-fold purpose of the Decree is to —
promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
provide an opportunity for the reformation of a penitent offender, which might be
less probable if he were to serve a prison sentence; and
prevent the commission of offenses.
Probation affects only the criminal aspect of the case.
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 vs. Apalisok, No. L-60151, June 24, 1983, 122 SCRA
935, 942-943, 945)