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    PROBATION

    Uploaded by

    ALVIN AGUSTIN

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    PROBATION

    Uploaded by

    ALVIN AGUSTIN
    5 views3 pages

    Copyright

    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    5 views3 pages

    PROBATION

    Uploaded by

    ALVIN AGUSTIN

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    1. What is Probation?

    It is a disposition by which a person convicted of a criminal offense is


    not sent to prison by the sentencing court, but is released and placed under
    the supervision of a probation officer subject to conditions which the court
    may impose.

    2. Is Probation a right?

    No, it is mere privilege.

    3. Who cannot be granted Probation?

    Sec. 9. Disqualified Offenders , PD 968 as amended by RA


    10707

    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 previously been convicted by final judgment of an
    offense punished by imprisonment of more than six (6) months
    and one day and/or a fine of more than One thousand Pesos
    (1,000.00);
    (d)(d) who have been once on probation under the provision of this
    Decree; and
    (e)(e) who are already serving sentence at the time the substantive
    provisions of this Decree became applicable pursuant to Section
    33 hereof.
    4. Will Probation be automatically granted to one whose sentence
    is six (6) years or less?

    NO.

    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.

    Probation shall be denied if the court finds that:

    (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.

    5. Where shall an application for probation be filed?

    The application for probation shall be filed with the court that tried and
    sentenced the offender.

    6. When shall an application for probation be filed?

    Anytime before the offender starts serving his sentence but within 15
    days from the promulgation or notice of the judgment of conviction.

    However, under Section 42 of RA 9344, the juvenile justice and


    welfare act of 2006, the court may, after it shall have sentenced a child in
    conflict with the law and upon application, at anytime place the child on
    probation in lieu of service of his sentence.

    7. What will happen if the application of Probation is denied?


    The offender will be sent by the sentencing court to prison to
    serve his sentence.

    8. May an offender be released from confinement while his


    application or Probation is Pending?

    Yes, the applicant for probation may be released under the bail he
    filed in the criminal case, or on recognizance to the custody of the
    responsible member of the community who shall guarantee his appearance
    whenever required by the Court.

    Under Sec. 10 of R.A. 10389 Recognizance Act of 2012, the court


    shall, the direct the probation office concerned to monitor and evaluate the
    activities of such person.

    9. How many times can one be granted Probation?

    Only once.

    10. How long is the period of Probation?

    Not more than two (2) years if the sentence of the offender is one (1)
    year or less; and not more than 6 years if the sentence is more than 1 year.

    11. What will happen if a Probationer violates the conditions of


    Probation?

    The court may modify the conditions of probation or revoke the same.
    If the violation is serious, the court may order the probationer to serve his
    prison sentence. The probationer may also be arrested and criminally
    prosecuted if the violation is a criminal offense.

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