the adult probation law
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8/19/2019 The Adult Probation Law
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The Adult Probation law - P.D. 968 as amended by [Republic Act No. !"!" #
Probation - a mere privilege,not a right. Its benefits cannot extend to those expressly excluded.
- a disposition under which the defendant after conviction and sentence is released subject to the mandatory
and discretionary conditions imposed by the court and to the supervision by a probation officer.
- Not a right of the accused,but rather an act of grace and clemency or immunity conferred by the state which
may be granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty
imposed by law for the offense of which he stands convicted.
Probation Law-not a penal statute.
he mandatory conditions are!
". o report to the designated probation officer within #$ hours after receipt of the order
$. o report periodically to the officer at least once a month or sooner as the latter may deem.
%bjectives!
". o promote correction and rehabilitation of the offender by giving him individuali&ed treatment
$. o provide a better oppurtunity for the pertinent offender to reform
'. o prevent further commission of crimes as he placed under the supervision of probation officer
(. o decongest our jails
). o save the government much needed funds which would be spent on maintaining him in prison.
*+I%N ". *ection ( of Presidential ecree No. /0, as amended, is hereby further amended to read as follows!
1*+. (. Grant of Probation. 2 *ubject to the provisions of this ecree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within
the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probationfor such period and upon such terms and conditions as it may deem best. No application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of conviction! Provided , ha
when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such judgment
is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation
based on the modified decision before such decision becomes final. he application for probation based on the
modified decision shall be filed in the trial court where the judgment of conviction imposing a non-probationable
penalty was rendered, or in the trial court where such case has since been re-raffled. In a case involving several
defendants where some have ta3en further appeal, the other defendants may apply for probation by submitting a
written application and attaching thereto a certified true copy of the judgment of conviction.
1he trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the
judgment.
1his notwithstanding, the accused shall lose the benefit of probation should he see3 a review of the modified decision
which already imposes a probationable penalty.
1Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. he filing of the
application shall be deemed a waiver of the right to appeal.
14n order granting or denying probation shall not be appealable.5
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the former to organi&e themselves in the national, regional, provincial, and city levels for effective utili&ation
coordination, and sustainability of the volunteer program.5