Probation: Meaning in Philippine Law

Section 3(a) of PD 968 calls probation 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. It is not an acquittal: the conviction stays, but under Section 4 the court suspends the execution of the sentence and places the person on probation.

See also the comparison probation vs parole.

Under Section 4 as amended by RA 10707:

• the application is filed with the trial court within the period for perfecting an appeal;
• probation may be granted whether the sentence is imprisonment or a fine only;
• filing the application waives the right to appeal;
• no application is allowed once the accused has perfected an appeal, with one exception explained below.

Section 9, as amended, excludes those:

• sentenced to a maximum term of imprisonment of more than six years;
• convicted of any crime against the national security;
• previously convicted by final judgment of an offense punished by imprisonment of more than six months and one day and/or a fine of more than ₱1,000;
• who have been on probation before under the decree;
• who were already serving sentence when the decree's substantive provisions became applicable.

In Colinares v. People (2011), the trial court gave the accused a penalty too high for probation. On review, the Supreme Court found him guilty only of a lesser crime, lowered the penalty to a probationable one and allowed him to apply. RA 10707 now writes this rule into Section 4: if an appeal modifies a non-probationable penalty into a probationable one, the accused may apply based on the modified decision before it becomes final. The accused loses the benefit of probation if he or she seeks review of that modified decision.

Made-up illustration: Nestor is convicted of estafa and sentenced to a maximum of six months. He has no earlier conviction. Instead of appealing, he applies for probation within the appeal period. Because the maximum term is not more than six years, he is not disqualified on that ground, and the court decides whether to grant it.

Under Section 16, as amended, the final discharge restores the civil rights lost or suspended because of the conviction and totally extinguishes the criminal liability for that offense. See Who can apply for probation? and Good conduct time allowance.