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Probation Law


     It is a 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.
     Probation is not an absolute right. Is is a mere privilege whose grant rest upon the discretion of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the trial court.

Three Folds Purpose of Probation
1. Correction and rehabilitation.
2. To provide an opportunity for the reformation of the offender.
3. Prevent commission of offense.

Effects of Filing and Grant or Denial of the Application of Probation
1. It operated as a waiver of the right to appeal.
2. The order granting or denying probation shall not be appealable.
3. Accessory penalties are deemed suspended once probation is granted.
4. Probation has absolutely np bearing on civil  liabilities.

Probation shall be denied if the court finds that:
1. The offender needs a correctional treatment that can be provided effectively by his commitment to an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the offense committed.

Disqualified Offenders
1. Sentence is imprisonment of more than 6 years.
2. Convicted of subversion or any crime against the national security or public order.
3. Once placed on probation.
4. Who are already serving sentence at the time the substantive provision of P.D. 968 became applicable.
5. Convicted of drug trafficking or drug pushing.
6. Convicted of election offenses under the Omnibus Election Code.

Termination of Probation
     The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and conditions of  his probation.

Effects of Termination of Probation
1. Case is deemed terminated.
2. Restoration of civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.
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