Prisoners
in the country’s jails have to be fed, clothed, taken cared of, and
subjected to rehabilitation programs which constitute an onerous drain
on the financial resources of the country. To provide a less costly
alternative to the imprisonment of offenders who are likely to respond
to individualized, community-based treatment programs, then President
Ferdinand E. Marcos issued on July 24, 1976 Presidential Decree No. 968
known as the Probation Law of 1976.
"Probation" is a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. What the law gives more importance to is the offender, not the crime. The inquiry is more on whether probation will help the offender along the lines for which the probation system has been established, such as giving the first-time offender a second chance to maintain his place in society through a process of reformation, which is better achieved, at least as to one who has not committed a very serious offense, when he is not mixed with hardened criminals in an atmosphere not conducive to soul-searching as within prison walls. The consciousness of the State's benignity in giving him that second chance to continue in peaceful and cordial association with his fellowmen will advance, rather than retard, the process of reformation in him.
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Under PD 968, the court may, after it shall have convicted and sentenced an accused and upon application of said accused, suspend the execution of said sentence and place the accused on probation for such period and upon such terms and conditions as it may deem best. An application for probation shall be filed with the trial court. A convict who files a petition for probation during the period to appeal automatically waives his right to appeal and therefore his conviction becomes final because under PD 968 the filing of the application shall be deemed a waver of the right to appeal.
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The following are disqualified from availing of the benefits of
probation: (a) those sentenced to serve a maximum term of imprisonment
of more than six years; (b) those convicted of any offense against the
security of the State; (c) those 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;
(d) those who have been once on probation under the provisions of PD
968; and (e) those who are already serving sentence at the time the
substantive provisions of PD 968 became applicable.
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The main criterion laid down by the Probation law in determining who
may be granted probation is based on the penalty imposed and not on the
nature of the crime. By the relative lightness of the offense, as
measured by the penalty imposed, more than by its nature, as the law so
ordains the offender is not such a serious menace to society as to be
wrested away therefrom, as the more dangerous type of criminals should
be.
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In determining whether an offender may be placed on probation, the
court considers 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.
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Every probation order issued by the court shall contain conditions
requiring that the probationer shall: (a) present himself to the
probation officer designated to undertake his supervision at such place
as may be specified in the order within seventy-two hours from receipt
of said order; (b) report to the probation officer at least once a month
at such time and place as specified by said officer.
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The court may also require the probationer to: (a) cooperate with a
program of supervision; (b) meet his family responsibilities; (c) devote
himself to a specific employment and not to change said employment
without the prior written approval of the probation officer; (d) undergo
medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that
purpose; (e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation; (g) refrain from
visiting houses of ill-repute; (h) abstain from drinking intoxicating
beverages to excess; (i) permit to probation officer or an authorized
social worker to visit his home and place or work; (j) reside at
premises approved by it and not to change his residence without its
prior written approval; or (k) satisfy any other condition related to
the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
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