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Jan 20, 2009

PD 968, as amended by PD 1257, BP 76 and PD 1990

PROBATION – a disposition under which a defendant, after conviction and sentence, is released, subject to the conditions imposed by the court and to the supervision of a probation officer

  • Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
  • Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and
  • Prevent the commission of offenses.

A. GENERAL RULE: All first-time offenders convicted of crimes punished by imprisonment of not more than 6 years (maximum of 6 years)

B. EXCEPTONS (Sec. 9): The benefits of this Decree shall not be extended to those:
  1. Sentenced to serve a maximum term of imprisonment of more than six years;
  2. Convicted of any offense against the security of the State;
  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 200 pesos;
  4. Who have been once on probation under the provisions of this Decree; and
  5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable (July 24, 1976)
  1. Apply within 15 days from promulgation of judgment
  2. Post-sentence investigation
  3. Submission of investigation report not later than 60 days from receipt of order to conduct investigation
  4. Pending investigation and resolution, accused may be temporarily released (if there is already a bail, then on same bail)
  • If the accused is convicted and sentenced to multiple penalties, the periods are not added up. Only the maximum shall be considered.
  • Once probation period is terminated, the accused is restored to all his civil rights lost or suspended.


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