CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > F. Execution and Service of Penalties > 6. Probation

I. INTRODUCTION TO PROBATION

Probation is a privilege granted by the court allowing a convicted offender to avoid incarceration and instead remain in the community under specific terms and conditions, supervised by a probation officer. Probation seeks to promote rehabilitation and reintegration into society while reducing incarceration costs. It is governed by Presidential Decree (P.D.) No. 968, as amended by Republic Act (R.A.) No. 10707.

II. LEGISLATIVE FRAMEWORK

A. Presidential Decree No. 968 (Probation Law of 1976)

Enacted to introduce probation as an alternative to imprisonment for offenders deserving of a second chance. The law establishes the structure for the probation process, including eligibility, application, and the duties of probation officers.

B. Republic Act No. 10707

Amended P.D. No. 968 to:

Expand the qualifications for probation.
Clarify disqualifications.
Strengthen mechanisms for rehabilitation.
Provide detailed procedures for application and revocation.

III. ELIGIBILITY FOR PROBATION

A. General Rule

Any offender convicted by a trial court of a crime punishable by imprisonment of less than six (6) years may apply for probation, provided certain conditions are met.

B. Exceptions (Disqualified Offenders)

Conviction of crimes against national security:
- Treason.
- Espionage.
- Rebellion.
Conviction of crimes against public order:
- Sedition.
- Coup d'état.
Conviction of heinous crimes:
- Rape.
- Murder.
- Drug trafficking.
Previous conviction of an offense punishable by imprisonment exceeding six (6) years.
Probation revocation due to violation of terms.
Benefit from other non-imprisonment sentences (e.g., parole or conditional pardon).

C. Additional Conditions Post-R.A. No. 10707

Probation may no longer be denied outright for certain minor infractions or violations of prior probation, depending on judicial discretion.

IV. PROCEDURE FOR PROBATION APPLICATION

A. Application Process

Filing of Application:
- The application must be filed with the trial court after conviction but before the sentence becomes final.
- The convicted offender waives the right to appeal when applying for probation.
Investigation by Probation Officer:
- A court-appointed probation officer conducts a post-sentence investigation (PSI).
- The investigation includes assessing the offender’s character, antecedents, environment, and the likelihood of rehabilitation.
Judicial Determination:
- The court evaluates the PSI report and decides whether to grant or deny probation based on the offender's suitability.

V. TERMS AND CONDITIONS OF PROBATION

A. Standard Conditions

Report to the probation officer as scheduled.
Do not commit any other offense.
Remain within the court’s jurisdiction unless permitted to travel.
Participate in rehabilitative programs, such as:
- Counseling.
- Community service.

B. Special Conditions

The court may impose additional conditions tailored to the offender, such as:

Undergoing drug rehabilitation.
Paying restitution or indemnification to victims.
Attending vocational training.

VI. REVOCATION OF PROBATION

A. Grounds for Revocation

Violation of any probation condition.
Commission of a new offense during the probation period.

B. Procedure for Revocation

Probation officer files a report on the alleged violation.
The court schedules a hearing, where the offender is given the opportunity to be heard.
Upon finding sufficient evidence, the court may:
- Revoke probation.
- Order execution of the original sentence.

VII. POST-PROBATION PROVISIONS

A. Termination of Probation

Upon satisfactory compliance with all conditions, the court issues an order terminating probation. The offender is then fully discharged.

B. Restoration of Civil Rights

Successful completion of probation restores certain civil rights, such as the right to vote and hold public office, which may have been suspended due to conviction.

C. Expungement

Upon completion, the probationer may apply for the expungement of the conviction from their record, subject to the court’s discretion.

VIII. SIGNIFICANT CHANGES UNDER R.A. NO. 10707

Flexibility in Application:
- R.A. No. 10707 removed several procedural barriers, making probation accessible to a broader range of offenders.
Emphasis on Rehabilitation:
- Strengthened requirements for the implementation of rehabilitative programs.
Alignment with Restorative Justice:
- Encouraged alternative measures like community service, conciliation with victims, and restorative agreements.
Enhanced Role of Probation Officers:
- Officers are now mandated to conduct follow-ups even after termination to ensure reintegration.

IX. PRACTICAL APPLICATION AND JUDICIAL DISCRETION

The application of probation involves significant judicial discretion. Courts weigh factors such as:

Gravity of the offense.
Remorse and willingness to reform.
Victim impact.

Judges are also tasked with balancing public safety against the rehabilitative needs of the offender.

X. CONCLUSION

Probation under P.D. No. 968, as amended by R.A. No. 10707, embodies a shift toward a rehabilitative and restorative justice system in the Philippines. It is a progressive tool that:

Reduces incarceration costs.
Promotes offender reintegration.
Advances public safety by addressing root causes of criminal behavior.

Courts, probation officers, and the community must work in synergy to maximize the program’s success.