Skip to main content

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.

Comments

Popular posts from this blog

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...

Classification of Felonies According to Gravity

1. Grave Felonies      They are felonies to which the law attaches the capital punishment or penalties which any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.       Afflictive Periods are as follows: a. Reclusion Perpetua b. Reclusion Temporal c. Perpetual or Temporary Absolute Disqualification d. Perpetual or Temporary Special Disqualification e. Prision Mayor f. Fine of more that P6,000.00. 2. Less Grave Felonies      Felonies which the law punishes with penalties which in their maximum period are correctional.     Correctional Period are as follows: a. Prison Correctional b. Arresto Mayor c. Suspension d. Destierro e. Fine equal to or more thatn P200.00 but less that P6,000.00. 3. Light Felonies      Infractions of law for the commission of which the penalty of Arresto Menor or a fine not exceeding P200.00.

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...