RA 10707: An Act Amending PD No. 968, otherwise known as the "Probation Law of 1976", as amended (Approved November 26, 2015)
http://www.gov.ph/2015/11/26/republic-act-no-10707/
« Section 3. (a) Probation
http://www.gov.ph/2015/11/26/republic-act-no-10707/
« Section 3. (a) Probation
It is a
disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a
probation officer.
«
Probation
is a special privilege granted by the state to a penitent qualified offender.
It essentially rejects appeals and encourages an otherwise eligible convict to
immediately admit his liability and save the state the time, effort and
expenses to jettison an appeal. (Sable vs. People)
«
Scope
of the Decree
Ø
It
shall apply to all offenders
Ø
Exceptions:
§
Those
entitled to the benefits under the provisions of PD 603 (The Child and Youth
Welfare Code – Minor – below 21 years old) and similar laws.
§
Section
9. Disqualified offenders (RA 10707)
a. Sentenced to
serve a maximum term of imprisonment of more than 6 years;
b. Convicted of
subversion or any crime against the national security;
c. Who have
previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one day and/or a fine of more than one thousand pesos (P1000);
d. Who have been
once on probation under the provisions of this Decree; and
e. Who are already
serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof. (as amended by PD 1990).
«
Section
2. Purpose
a. Promote the
correction and rehabilitation of an offender by providing him with
individualized treatment;
b. Provide an
opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
c. Prevent the
commission of offenses.
«
Section
4. Grant of probation
Ø “SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, 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 probation for 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, That 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. The 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 taken 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.
“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment.
“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of the application shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.”
(RA 10707)
«
However,
in the fairly recent case of Colinares vs. People, G.R. No. 182748, December
13, 2011, the Supreme Court took another look at the probation law, and allowed
the grant of probation to an accused who has appealed his conviction.
«
Section
5. Post-Sentence Investigation
Ø
Prior
investigation by the probation officer
ü
Section
6. Form of investigation Report
§
Form
prescribed by the probation Administrator and approved by the Secretary of
Justice.
ü
Section
7. Period for submission of investigation Report
§
Not
later than 60 days from the receipt of the order of the court to conduct the
investigation, the probation officer shall submit to the court the
investigation on a defendant.
Ø
A
determination by the court
ü
Section
7.
§
Not
later than 15 days after the receipt of the report, the court shall resolve the
application for probation.
«
Section
8. Criteria of placing an offender on Probation
Ø
The
Court shall consider all information relative to the character, antecedents,
environment, mental and physical condition of the offender, and available
institutional and community resources.
Ø
Probation
shall be denied if the courts finds that:
a. The offender is
in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
b. There is undue
risk that during the period of probation the offender will commit another
crime; or
c. Probation will
depreciate the seriousness of the offense commited.
«
Section
10. Conditions of Probation
1. The mandatory
conditions require that the probationer shall:
a. Present himself
to the probation officer designated to undertake his supervision at such place
as may be specified in the order within 72 hours from receipt of said order;
b. Report to the
probation officer at least once a month at such time and place as specified by
said officer.
2.
Special or discretionary conditions are those additional
conditions imposed on the probationer which are geared towards his correction
and rehabilitation outside of prison and right in the community to which he
belongs.
« Section 12. Modification of Conditions of Probation
Ø During the period of probation, the court may upon
application of either the probationer of the probation officer, revise or
modify the conditions or period of probation.
Ø The court shall notify either the probationer or the
probation officer of the filing of such an application so as to give both
parties an opportunity to be heard thereon.
Ø The court shall inform in writing the probation officer and
the probationer of any charge in the period of conditions of probation.
«
Section
13. Control and Supervision of Probationer
Ø
The
probationer and his probation program shall be under the control of the court
who placed him on probation subject to actual supervision and visitation by a
probation officer.
Ø
Transfer
of residence
§
The
control over him shall be transferred to the Executive Judge of the Court of
First Instance of that place.
«
Section
14. Period of Probation
a. Term of imprisonment
of not more than one year :
Probation shall
not exceed two years
§
In
all other cases, said period shall not exceed six years
b. When the
sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency :
Probation shall
not be less than nor more than twice the total number of days of subsidiary
imprisonment.
« A violation of any of the conditions may lead either to:
a.
More
restrictive modification of the same or
b.
The
revocation of the grant of probationConsequent to the revocation, the probationer will have to serve the sentence originally imposed. (Section 11)
«
Section 15. Arrest
of Probationer; Subsequent Dispositions.
Revocation of
Probation
Ø
At any time during
probation, the court may issue a warrant for the arrest of a probationer for
any serious violation of the conditions of probation.
Ø
The probationer,
once arrested and detained, shall immediately be brought before the court for a
hearing of the violation charged. The defendant may be admitted to bail pending
such hearing. In such case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision.
Ø
An order revoking
the grant of probation or modifying the terms and conditions thereof shall not
be appealable.
« Section 16. Termination of Probation (RA 10707)
After the period of probation and upon consideration of
the report and recommendation of the
probation officer, the court may order the final discharge of the probationer
upon finding that he has fulfilled the terms and conditions of his probation
and thereupon, the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.
The probationers and the probation officer shall each be furnished with a copy of such order.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.
The probationers and the probation officer shall each be furnished with a copy of such order.
« Section 17. Confidentiality of Records
Ø It shall be privilege and shall not be disclosed directly
or indirectly to anyone other than the Probation administration or the court
concerned.
Ø Exception: Court’s discretion
Ø Section 29. Violation of confidential Nature of Probation
Records
ü Imprisonment: 6months and 1 day to 6 years and
ü Fine: P600 to P6000.
« Section 18. The Probation Administration
Ø Administration which shall exercise general supervision
over all probationers.
Ø It is created under the Department of Justice.
Ø It shall have such staff, operating units and personnel
as may be necessary for the proper execution of its functions.
« Section 19. Probation Administrator
Ø
Head
of the Administration
Ø
Appointed
by the President
Ø
He
shall hold the office during good behaviour and shall not be removed except for
cause.
«
Section
20. Assistant Probation Administrator.
Ø
He
shall assist the Administrator and perform such duties as may be assigned to
him by the latter and as may be provided by law.
«
Section
22. Regional Office; Regional Probation Officer.
Ø
Regional
Offices
§
Organized
in accordance with the field service area pattern established under the
Integrated Reorganization Plan.
Ø
Regional
Probation Officer
§
Head
of regional office
§
He
shall exercise supervision and control over all probation officers within his
jurisdiction and such duties as may be assigned to him by the Administrator.
«
Section
23. Provincial and City Probation Officers
Ø
Appointed
by the Secretary of Justice.
« Section 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. (RA 10707)
Ø Regional, Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgements and to take depositions in connection with their duties and functions under this Decree. They shall also have, with respect to probationers under their care, the powers of a police officer. They shall be considered as persons in authority.
«
Section
27. Field Assistants, Subordinate Personnel (RA 10707)
Ø Regional, Provincial or City Probation Officers shall be assisted by such field assistants and subordinate personnel as may be necessary to enable them to carry out their duties effectively.
«
Section
28. Volunteer Probation Assistants (VPAs)
Ø To assist the Chief Probation and Parole Officers in the supervised treatment program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who have willingness, aptitude, and capability to act as VPAs.
VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.
They shall hold office for a two (2) year term which may be renewed or recalled anytime for just cause. Their functions, qualifications, continuance in office and maximum case loads shall be further prescribed under the implementing rules and regulations of this Act.
There shall be reasonable number of VPAs in every regional, provincial, and city probation office. In order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall encourage and support the former to organize themselves in the national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.
VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.
They shall hold office for a two (2) year term which may be renewed or recalled anytime for just cause. Their functions, qualifications, continuance in office and maximum case loads shall be further prescribed under the implementing rules and regulations of this Act.
There shall be reasonable number of VPAs in every regional, provincial, and city probation office. In order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall encourage and support the former to organize themselves in the national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.
