PD 968: The Probation

Law Probation is a privilege, not a right. It can be granted only if the accused deserves it. If granted, the accused will beconvicted but released. He will then comply with mandatory and discretionary conditions imposed by the courtand be placed under the supervision of a probation officer. The discretionary conditions depend on the court'sassessment of the accused but they must be constructive, consistent with his conscience, not as burdensome asthe original penalty of the crime and must not unreasonably restrict his liberty. Note: must not unreasonablyrestrict his liberty. A penalty is always a restriction of liberty but restrictions must be reasonable and proportionateto the offense. The mandatory conditions are:1.) To report to the probation officer within 72 hours from the time the order was received; and2.) To regularly report to the probation officer at least once a month or sooner as may seem fit.

The Probation Law has objectives similar to the Indeterminate Sentence Law:1.) Rehabilitation and correction of the accused through individualized treatment2.) To give better chances for a repentant criminal to reform3.) Prevent further commission of crimes as he is placed under the probation officer's supervision4.) Decongest the jails5.) Save the government from spending money for maintaining the accused in prison

Probation may be granted whether the penalty is imprisonment or a fine only. For imprisonment, the penaltyshould be 6 years or less. Probation will be denied in any of the following circumstances:1.) The accused needs correctional treatment that can best be provided if he is committed to an institution2.) There is an undue risk that he will commit another crime during the probation period.3.) Probation will make the offense not look serious

.Regarding #3, there is a case where an accused's application for probation was denied because she didn't complywith the court's orders in 54 counts of BP 22 violations and instead executed a simulated (fake) deed of sale(Santos vs CA, GR127899, December 2, 1999.)

There are also disqualifications. These are:1.) The prison term exceeds 6 years (even if by just 1 day)2.) Those convicted of subversion3.) Those convicted of the following crimes against national security:a.) Treasonb.) Conspiracy and proposal to commit treasonc.) Misprision of Treasond.) Espionagee.) Inciting to war and giving motives to reprisalf.) Violation of neutralityg.) Correspondence with hostile countryh.) Flight to enemy countryi.) Piracy and mutiny (piracy is an international crime and can be tried by any country in the world.)

4.) Those convicted of the following crimes against public order:a.) Rebellion, insurrection, coup, seditionb.) Illegal assemblies and associationsc.) Direct/indirect assault, resistance an disobedienced.) Public disorders (tumults, alarms and scandals)e.) Delivery of prisoners from jailf.) Evasion of service of sentenceg.) Quasi-recidivism

5.) Those who were previously convicted of a crime punishable by at least 1 month and 1 day and/or a fine of atleast Php200.00

6.) Those who were once recipients of probation (probation can be granted to a person only once.