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
I. PURPOSE
- 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:
- Sentenced to serve a maximum term of imprisonment of more than six years;
- Convicted of any offense against the security of the State;
- 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;
- Who have been once on probation under the provisions of this Decree; and
- Who are already serving sentence at the time the substantive provisions of this Decree became applicable (July 24, 1976)
- Apply within 15 days from promulgation of judgment
- Post-sentence investigation
- Submission of investigation report not later than 60 days from receipt of order to conduct investigation
- Pending investigation and resolution, accused may be temporarily released (if there is already a bail, then on same bail)
NOTA BENE:
- 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.
