PROBATION LAW
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PROBATION LAW [BAR Q. 2012, 2010, 2009, 2005, 2004, 2003, 2002, 2001, 1997, 1995, 1994, 1993, 1992, 1990, 1986] _____________________________________________ [BAR Q.1986,1989] The purposes of probation are as follows: (a) promote the correction and rehabilitation of an offender by providing him with individualized treatment; b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and (c) prevent the commission of offenses. CONSEQUENCE IF THE PROBATIONER VIOLATES ANY OF THE CONDITIONS OF PROBATION (SEC. 15) The court may order the arrest of the probationer, hold an informal summary hearing and may revoke his probation. In which case, he has to serve the sentence originally imposed. Who are disqualified to avail of the benefits of Probation? 1. sentenced to serve a maximum term of imprisonment of more than 6 years. 2. convicted of any crime against National Security or the Public Order. 3. Who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos. 4. Who have been once on probation under the provisions of this Decree. 5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Sec. 33 hereof. 6. Who has perfected an appeal from the judgment of conviction. (Sec. 4) 7. Any person convicted of drug trafficking or pushing regardless of the penalty imposed by the Court. (Sec. 24 of R.A. No. 9165) -If the convict had already perfected an appeal, an application for probation cannot be granted.
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Transcript of PROBATION LAW
PROBATION LAW [BAR Q. 2012, 2010, 2009, 2005, 2004, 2003, 2002, 2001, 1997, 1995, 1994, 1993, 1992, 1990, 1986] _____________________________________________
[BAR Q.1986,1989] The purposes of probation are as follows: (a) promote the correction and rehabilitation of an offender by providing him with individualized treatment;
b) provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and (c) prevent the commission of offenses.
CONSEQUENCE IF THE PROBATIONER VIOLATES ANY OF THE CONDITIONS OF PROBATION (SEC. 15) The court may order the arrest of the probationer, hold an informal summary hearing and may revoke his probation. In which case, he has to serve the sentence originally imposed. Who are disqualified to avail of the benefits of Probation?
1. sentenced to serve a maximum term of imprisonment of more than 6 years.2. convicted of any crime against National Security or the Public Order.3. Who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than twohundred pesos.
4. Who have been once on probation under the provisions of this Decree.5. Who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Sec. 33 hereof.6. Who has perfected an appeal from the judgment
of conviction. (Sec. 4)7. Any person convicted of drug trafficking or pushing regardless of the penalty imposed by
the Court. (Sec. 24 of R.A. No. 9165) -If the convict had already perfected an appeal, an application for probation cannot be granted. “No application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of conviction”
-By perfecting an appeal, petitioners ipso facto relinquished the alternative remedy of probation.
-Under Sec.4, “the filing of the application for probation shall be deemed a waiver of the right to appeal.”
-A waiver of the right to appeal from a judgment of conviction is NOT a waiver of the civil liability exdelicto.
-Probation may be granted whether the sentence imposed a term of imprisonment or a fine only (Sec.An order granting or denying probation shall not be appealable.
-Prevailing jurisprudence treats appeal and probation as mutually exclusive because the law is unmistakable about it and, therefore, petitioner cannot avail herself of both.
What is the legal effect of probation?-A conviction becomes final when the accused applies for probation.
REMINDERS ON DISQUALIFICATIONS:1. Sentenced to serve more than 6 years -
Exceptions:a. Under violation of Section 11 of RA 9165, accused FIRST-TIME OFFENDER may avail of
suspended sentence. If there is a violation of any conditions, the court shall pronounce judgment of conviction. The court, however, may in its discretion:
place the accused on probation (even if the sentence provided for under this Act is higher than that provided under existing lawonprobation.
b. Principle in PP vs. Arnel Colinares
-Arnel did not appeal from a judgment that would have allowed him to apply froprobation. He did not have a choice between appeal and probation.
-The Court, however, convicted Arnel of the wrong crime, frustrated homicide thatcarried a penalty in excess of 6 years. How can the Court expect him to feel penitent over a crime, which as the Court now finds, he did not commit? He only committedattempted homicide with its maximum penalty of 2 years and 4 months.
-At any rate, what is clear is that, had the RTC done what was right and imposed on Arnelthe correct penalty of two (2) years and four(4) months maximum, he would have had the right to apply for probation.
2. National Security and Public Order-
Probation is not applicable when the accused is convicted of INDIRECT ASSAULT (It is a crime against PUBLIC ORDER).
3. Previous Conviction of not less than one month and one day and/or a fine of not less than two hundred pesos.
Ex. A person convicted for another crime with a penalty of 30 days imprisonment or not exceeding 1 month does not disqualify him from applying forprobation -What is the period of probation? a. sentenced to a term of 1 year - shall not exceed 2 yearsb. sentenced to a term of more than 1 year imprisonment - shall not exceed 6 years
