Presidential Decree 968:

PROBATION LAW
as amended
Christian Patrick E. Vinculado

WHAT IS PROBATION?
A disposition under which a person who
is convicted of a criminal offense is not
sent to prison by the sentencing court.
Instead, he/she is released and place
under the supervision of a probation
officer subject to the conditions which
the court may impose.

IS PROBATION A
RIGHT?
No, it is a special privilege granted by
the State to a penitent qualified
offender.
(Francisco v CA, G.R. No. 108747, April
6, 1995)

Sentenced to serve a
prison term of more
than six years

WHO
CANNOT BE
GRANTED
PROBATION?

Convicted of any crime

against national
security or public order
Previously convicted of
an offense punished by
imprisonment of not
less than 1 month and
1 day and/or a fine not
less than P200

placed on probation
Those whose conviction is
on appeal*(PD 968, Sec 4)

WHO
CANNOT BE
GRANTED
PROBATION?

Convicted of drug
trafficking or drug pushing
(RA 9165, Sec 24)
Convicted of election
offenses under the
Omnibus Election Code
(Omnibus Election Code ,
Sec 261), Wage
Rationalization Act (RA
6727, Sec 12)

COLINARES v
PEOPLE
Gr No 182748
December 13,
2011
*Exception

charged with frustrated

homicide for hitting the
head of the private
complainant with a piece
of stone. He alleged selfdefense but the trial court
found him guilty of the
crime charged and
sentenced him to suffer
imprisonment from 2 years
and 4 months
ofprisioncorreccional, as
minimum, to 6 years and 1
day ofprisionmayor, as
maximum.

COLINARES v
PEOPLE
Gr No 182748
December 13,
2011
*Exception

Arnel appealed to the

Court of Appeals (CA),
invoking self-defense and,
alternatively, seeking
conviction for the lesser
crime of attempted
homicide with the
consequent reduction of
the penalty imposed on
him.His conviction was
affirmed by the CA. Hence,
this appeal to the Supreme
Court.

COLINARES v
PEOPLE
Gr No 182748
December 13,
2011
*Exception

Given a finding that Arnel

is entitled to conviction for
a lower [lesser] offense [of
attempted homicide] and a
reduced penalty, may he
may still apply for
probation on remand of
the case to the trial court?

COLINARES v
PEOPLE
Gr No 182748
December 13,
2011
*Exception

SC voted to PARTIALLY
GRANTthe appeal,
MODIFIED the CA decision
and found Arnel GUILTY of
ATTEMPTED (not
frustrated) HOMICIDE and
SENTENCED him to and
indeterminate but
PROBATIONABLE penalty
of 4 months of arresto
mayor as minimum and 2
years and 4 months of
prision correccional as
maximum.

COLINARES v
PEOPLE
Gr No 182748
December 13,
2011
*Exception

The Court also voted 8-7 to

allow Arnel toAPPLY FOR
PROBATIONwithin 15 days
from notice that the record
of the case has been
remanded for execution to
trial court.

WILL PROBATION BE
AUTOMATICALLY GRANTED TO
THOSE CONVICTED AND
PUNSIHED BY IMPRISONMENT
OF 6 YEARS OR LESS?

No. The application shall be

denied if the Court finds that:
a) Offender is in need of
correctional treatment that
can be provided effectively
by his commitment to an
institution
b) There is undue risk of
committing another crime
c) It will depreciate
seriouseness of the offense

WHERE AND WHEN

SHALL THE
APPLICATION FOR
PROBATION BE FILED?

Where: Trial court that

tried and sentenced the
offender
When: Anytime before the
offender starts serving his
sentence

Francisco v CA
GR No. 108747
April 6, 1995
Facts: Francisco was accused of
multiple grave oral defamation by
his employees. MTC sentenced him
of prision correcional in its
minimum period on each case.
He elevated the case to RTC in
which they sentenced him only of
eight straight months.

Before he was arrested, he filed an

application for probation which the
MTC denied.
Issue: Whether Pablo Francisco is
still qualified to avail of probation
Ratio: No. Petitioner is no longer
eligible for probation. First,
Francisco violated Sec.4 of the
Probation Law in which no
application for probation shall be
entertained after the judgment is
final.

WHAT ARE THE

CONDITIONS OF
PROBATION ?

Mandatory:
a.)Present himself to the probation
officer at place specified in the order,
within 72 hours from receipt.
b.)Reports to probation officer at least
a month (PD 868, Sec. 10)

Discretionary:
a.)Cooperate with a program of
supervision
b.)Meet his family responsibilities
c.)Devote himself to a specific
employment
d.) Undergo medical, psychological exam
and treatment
e.)and others prescribed by the law.

FOR HOW LONG A

CONVICT MAY BE
PLACED ON PROBATION?
Less than a year

More than a year

Term of probation
shall not exceed two
years.

Term of probation
shall not exceed six
years.

Sentence imposes a fine and the

offender is made to serve subsidiary
imprisonment
Twice the number of days of subsidiary
imprisonment

WHEN MAY A
PROBATIONER BE
ARRESTED?
For any serious
violation of the
conditions of
probation

Upon a commission
of another crime

WHEN AND
HOW
PROBATION IS
TERMINATED?

After the period of

probation and
recommendation of
the probation officer,
Court may order the
final discharge of
offender.

THANK
YOU!
Any questions?