The Essentials of Probation Law in the Philippines

Author: Atty. Angeli Andan

History

In the case of Dimakuta vs. People, the Court revisited the concept of probation. In 1924, Act. No 3203 was enacted for juvenile delinquents. In 1935, the Court enacted Act No. 4221, thereby allowing defendants who are convicted and sentenced by the CFI or by the SC on appeal to be placed on probation upon application after the sentence has become final and before its service has begun. However, the Court ruled in People v. Vera that Act No. 4221 is unconstitutional and void as it constitutes an improper and unlawful delegation of legislative authority to the provincial boards.

Thus, in 1976, Sec. 4 of Presidential Decree No. 968 which allowed the filing of an application for probation at any time after the defendant had been convicted and sentenced was enacted. 

In 1977, P.D. No. 1257 amended the previous PD and allowed the application for probation to be made after the defendant had been convicted and sentenced but before he begins to serve his sentence. 

Finally in 1985, P.D. No. 1990 amended Sec. 4 of P.D. No. 1257 and allowed the convicted and sentenced defendant to apply for probation within the 15-day period for perfecting an appeal.

What is the grant of probation?

• Probation is the 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. It is important to note that the judgment in a criminal case becomes final when the accused has applied for probation,  as held in Vicoy vs. People. 

When to file? 

• After the judgment of the court and within the period for perfecting an appeal — 15 days from the date the judgment of conviction is promulgated

Where to file?

• RTC that rendered the judgment of conviction, OR
• If application is based on a modified decision imposing a probationable penalty – RTC where the judgment of conviction imposing a non-probationable penalty was rendered, or where such case has since been raffled 

Can I file an application for probation after filing an appeal?

• As a general rule, once the accused has appealed the decision, the accused no longer has the right to file for probation.
• An exception is if the decision  from which the accused has appealed from, the accused was sentenced to suffer a non-probationable penalty; and on appeal, the decision was modified to a probationable penalty. 
• An exception to the exception is if there are several defendants wherein some appealed and some did not, the favorable decision for those who appealed should likewise benefit those who did not appeal

Who are those disqualified to apply for probation?

• Section 9 of P.D. No. 968 as amended provides that the following are disqualified to apply for probation:

1. Those convicted of any crime against national security
2. Those sentenced to serve a maximum term of imprisonment of more than 6 years
3. Those who have previously been 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 Php1000
4. Those who have been once on probation 
5. Those who are already serving sentence at the time the substantive provisions of PD No. 968 became applicable

Summary

In sum, those who do not want to serve their sentence in jail may choose to file for an application for probation instead. Probation serves as a tool for second chances, but only for those who meet the defined criteria under the law. 

Are you qualified to avail of probation? Contact us today at info@baisandanlaw.com. You can also reach us via cellphone number at 0915 968 2503 or at our telephone number (045) 281 0164.