Probation Law

Indeterminate Sentence Law

Probation – disposition under which a defendant,

after conviction and sentence, is released subject to
For Special Laws:
conditions imposed by court and to the supervision
Maximum Terms: should NOT EXCEED the of a probation officer.
maximum term fixed by law.
Application for probation must be filed within
Minimum Terms: should NOT BE LESS than the period for perfecting an appeal. No application
the minimum term fixed by law. for probation shall be entertained or granted if the
defendant has performed the appeal from the
For Revised Penal Code: judgement of conviction
Maximum Term: Maximum term fixed by law Application for probation shall be filed with
given the attending circumstances the trial court and takes effect upon its issuance .
Minimum Term: Within the penalty next lower Exemptions:
of the penalty fixed by law. No consideration
for modifying circumstances. Period is  Offender is in need of correctional treatment
discretionary of the court. that can better provided by his commitment
to an institution.
Exemptions:  There is an undue risk that during the period
 Death Penalty/Life Imprisonment of probation the offender will commit another
 Treason, Conspiracy or Proposal to Commit crime.
Treason  Probation will depreciate seriousness of the
 Misprision of Treason, Rebellion, Sedition or crime committed.
Espionage Disqualified Offenders
 Piracy
 Habitual Delinquents  Those sentenced to serve a maximum term
 Escaped from Confinement/Evaded of imprisonment of more than 6 years
Sentence  Those convicted of any crime against
 Was granted pardon but Violated the Terms national security
 Maximum Term of Imprisonment is Less than  Those who have previously been convicted
A Year by final judgement punished by more than 6
 Those already sentenced by a final months and 1 day and/or fine of more than P
judgement 1, 000.00
 Those sentenced by destierro or suspension  Those who have already been on probation.
 Those already serving sentence at the
It is MANDATORY and application is BASED ON effectivity of the statute
the PENALTY ACTUALLY IMPOSED. However, it is
not applied when not favorable to the accused Period of Probation

Whenever a prisoner released on parole violate Imprisonment of Less

Not more than 2 years
the condition of his parole, prisoner may be than a Year
rearrested to serve the remaining unexpired portion Imprisonment of More
Not more than 6 years
of the maximum sentence for which he was originally than a Year
committed to prison. Not less or more than
Fine but with subsidiary twice the total number of
When there is a privileged mitigating imprisonment days for subsidiary
circumstance, the starting point for determining the imprisonment
minimum term is the penalty next lower from that
prescribed. Convict may file for probation if appeal is for
conviction imposing a non-probationable penalty
which is modified on appeal to a probationable No penalty shall be executed except by virtue
penalty of a final judgement.

An order granting or denying probation is not A penalty shall not be executed in any other
appealable. form than that prescribed by law, nor with any other
circumstances or incidents than those expressly
Pending submission of report and resolution of authorized.
the petition, defendant may be released under bail
filed in his case, or in custody of a responsible
member of the community if:
Art. 79. Suspension of the
 No bail was filed Execution and Service of
 Defendant is incapable of filing a bail Penalties in Case of Insanity

Conditions of Probation

Mandatory Conditions: An accused person may become insane:

 Present himself to the probation officer  During commission of the crime (Exemption)
designated to undertake his supervision at  During trial (Suspension of proceedings and
such place as may be specified in the order order of confinement until recovery of reason)
within 72 hours from receipt of issuance  By final judgement (Suspension of personal
 Report to the probation officer at least once a penalty)
month at such time and place as specified by  While serving sentence (Suspension of
the officer personal penalty)

Special/Discretionary Conditions: conditions Civil liability may be executed even in case of

courts additionally impose on the probationer insanity of accused. Offended party may even ask for
towards his correction and rehabilitation outside the execution of the judgement.
of prison

Accessory penalties are deemed suspended

once probation is granted. However, upon violation of Art. 80. Suspension of
probation, accused shall serve the penalty imposed Sentence of Minor Delinquents
for the offense under which he was placed on
probation.

How is Probation Terminated?

There must first be an issuance from the

court, an order of final discharge based on Art. 87. Destierro.
the report and recommendation of the
probation officer

Effect of Termination of Probation Imposition of Destierro:

 Restoration of all civil rights  Infliction of death or physical injuries under

 Total extinguishment of criminal liability exceptional circumstances
 Failure to provide bond for good behavior
Probation and its termination only affects the  Penalty of a concubine for concubinage
criminal aspect of the case.  It is the proper penalty after lowering a
penalty by a degree

Art. 78. When and How a

Penalty is Executed Art. 88. Arresto Menor

Service of Arresto Menor:

  Municipal Jail  Period of time prescribed by law has
 House of defendant under surveillance of an elapsed
officer, when the court provides after taking  Marriage of Offended Woman
consideration of the health and other  Rape
satisfactory reasons  Seduction
 Abduction
 Acts of Lasciviousness
Art. 89. Extinction of Criminal  Final discharge of Probationer
Liability Extinction of criminal liability does not
automatically extinguish civil liability.

Extinction of Criminal Liability If the offended private party desires to recover

damages from the same act or omission complained
 Death of Convict (Personal Penalty) of, he must file a separate civil action predicated on
(Civil and pecuniary liabilities, only if death other sources of obligation instead of on the felony.
occurred before final judgement)
 If it arises from quasi-delict resulting into
 Service of the sentence – debt incurred by
injury to a person or property, action must
the offender as a consequence of his
be filed with executor or administrator of the
wrongful act
estate of the deceased
 Amnesty – act of a sovereign power granting
 If it arises from contract, action must be filed
oblivion or general pardon for a past
against estate of the accused
offense. It completely extinguishes the
penalty and all its effects Right of the offended party to file separate civil
 Absolute Pardon – act of grace proceeding action is not lost by prescription when accused dies
from the power entrusted with the execution pending appeal.
of the laws which exempts the individual
from the punishment the law inflicts for the Death of the offended party does not extinguish
crime committed. the criminal liability of the offender
 Prescription of Crime – forfeiture/loss of right
of the State to prosecute the offender after
the lapse of a certain time Art. 90. Prescription of Crimes

Prescription Period of Offenses under Special

Laws and Municipal Ordinances
Fine or by
imprisonment not less 1 year
than 1 month Prescription Period of Offenses under Revised
Imprisonment of more Penal Code
than a month but not 4 years Death
exceeding 2 years Reclusion Perpetua 20 years
Imprisonment of more Reclusion Temporal
than 2 years but less 8 years Afflictive Penalties 15 years
than 6 years Correctional Penalties 5 years
Imprisonment of 6 Libel
12 years 1 year
years or more Similar Offenses
Internal Revenue Law 5 years Oral Defamation
Municipal Ordinances 2 months Slander by Deed 6 months
Certificate of Grave Slander
Convenience of Public 2 months Light Penalties
Service Commission (Arresto Menor) 2
Simple Slander1
Compound Highest Penalty
 Prescription of Penalty – loss or forfeiture of Prescription Period of Offenses under Special
right of the Government to execute the final Laws and Municipal Ordinances
sentence
 That there be a final judgement
 Fine or by  When the liability to return an object
imprisonment not less 1 year arises from a contract, instead of a
than 1 month criminal act, court cannot order its
return.
Imprisonment of more
than a month but not 4 years “The owner of the property illegally taken by the offender
exceeding 2 years can recover it from whomsoever is in possession even if
such property is in the possession of a 3rd party who
Imprisonment of more acquired it by legal means.”
than 2 years but less 8 years Property shall be returned to
without knowing
than 6 years the owner
With knowledge it was He is an accessory and thus
Imprisonment of 6 stolen criminally liable
12 years
years or more With good faith AND at Return but with
public sale reimbursement
Internal Revenue Law 5 years Barred by law i.e. Torrens Restitution shall not be
Title or authority of sale ordered by the court
Municipal Ordinances 2 months

Certificate of
2. Reparation
Convenience of Public 2 months
 Reparation = amount of damage +
Service Commission
price + sentimental value
 If there is no evidence as to the
value of the thing, reparation cannot
Where the last day of prescription period for be made
filing an information falls on a Sunday or legal  Ordered by the court if restitution is
holiday, information can no longer be filed on the not possible.
next day as the crime has already prescribed.  It is limited to those caused by and
flowing from the commission of the
crime
Art. 104-111. Civil Liability  Payment by the insurance company
does not relieve the offender of his
obligation to repair the damage
caused
1. Restitution
3. Indemnification
 It is limited to crimes against property
 Refers to crimes against persons
 The convict cannot, by way of
(the injured party, the family and 3rd
restitution, give to the offended party
persons)
a similar thing of the same amount,
 Indemnity for medical services still
kind or species and quality
unpaid may be recovered
 If the property stolen while in
 Contributory negligence of the
possession of the thief suffer
offended party reduces civil liability
deterioration, the court will assess
of the offender
the amount of the deterioration and
 Civil liability may be increased on
in addition to the return of the
appeal but never the criminal liability
property, the culprit will be ordered to
pay amount representing the
deterioration.
 Restitution cannot be ordered before
final judgement, regardless if the
accused is acquitted as long as the
offense is proved and it is shown that Civil Liabilities Pecuniary Liabilities
the object belongs to somebody else.
 A person who is not a party in the
case cannot recover in the criminal
action any indemnity from the
accused.
 When property taken away is not recovered, the
court must order the accused to restore it to its owner
or, as an alternative, to pay its just value.

Offense Restitution Reparation Indemnification

Robbery ×
Theft ×
Assault
(Person in
Authority)
Occupation of
× × ×
Real Property