Sec. 9. Existing provisions governing suspension of sentence, probation and parole not affected by this Rule. – Nothing in this rule shall affect any existing provisions in the laws governing suspension of sentence, probation or parole.
X, A 16-YEAR-OLD WAS CHARGED WITH THEFT. AFTER HEARING, THE COURT FOUND THAT HE COMMITTED THE ACTS CHARGED. WHAT SHOULD THE COURT DO?
The court should determine the imposable penalty including the civil liability
However, instead of promulgating judgment of conviction, the court should automatically suspend the sentence and commit the minor to the DSWD or other institution until he reaches the age of
majority
The exception to the suspension of sentence in case of youthful offenders are—
1. If the offender has previously enjoyed a suspension of sentence
2. If the offender is convicted of an offense punishable by death or life imprisonment
3. If the offender is convicted by a military tribunal
This doesn’t apply if, at the time of sentencing, the offender is already of age, even if he was a minor at the time of the commission of the offense
Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to read as follows:
"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, 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; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read as follows:
"Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of subversion or any crime against the national security or the public order;
(c) 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 than Two Hundred Pesos.
(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."
WHEN SHOULD AN ADULT OFFENDER APPLY FOR PROBATION?
The offender should apply for probation after conviction within the period for perfecting an appeal
CAN THE DEFENDANT STILL FILE FOR PROBATION IF HE HAS ALREADY PERFECTED AN APPEAL?
An application for probation may not be filed if the defendant has already perfected an appeal from the judgment of conviction
Once the appeal is perfected, it may no longer be withdrawn to apply for probation
CAN THE DEFENDANT STILL APPEAL IF HE HAS FILED FOR PROBATION?
No. The filing of an application for probation is deemed a waiver to the right to appeal.
IS THE GRANT OF PROBATION A MATTER OF RIGHT UPON APPLICATION OF THE DEFENDANT?
No, it is a mere privilege and the grant is discretionary upon the court
CAN THERE BE PROBATION IF THE PENALTY IS MERELY A FINE?
Yes. In those cases where the penalty is a fine, and the defendant cannot pay, he has to serve subsidiary imprisonment.
In this instance, probation or suspension of sentence becomes relevant.
CAN THE DEFENDANT APPEAL FROM AN ORDER DENYING THE APPLICATION FOR PROBATION?
No.
WHAT IS THE COURT MANDATED TO DO BEFORE PLACING AN ACCUSSED FOR PROBATION?
The court should order a post sentence investigation to determine whether the ends of justice and the best interest of the public will be served by the grant of probation
WHAT IS THE SIGNIFICANCE OF POST SENTENCE INVESTIGATION?
The significance is that it serves as the informational basis for the court’s decision to grant or deny the probation to qualified offenders
WITHIN WHAT PERIOD SHOULD THE PROBATION OFFICER SUBMIT HIS REPORT ON A DEFENDANT IN A POST SENTENCE INVESTIGATION?
The investigation report must be submitted with the court not later than 60 days from receipt of the order of said court to conduct said investigation
WHEN SHOULD THE COURT DENY THE APPLICATION FOR PROBATION?
1. The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution
2. There is undue risk that during the period of probation the offender will commit another crime
3. Probation will depreciate the seriousness of the offense committed
WHEN DOES THE PROBATION ORDER TAKE EFFECT?
A probation order shall take effect upon its issuance, at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the
conditions, he shall serve the penalty imposed for the offense
WHAT IS THE EFFECT OF PROBATION ON THE CIVIL LIABILITY OF THE ACCUSED?
Probation doesn’t release civil liability
However, the court may in its discretion, provide for the manner of payment of the civil liability by the accused during the period of probation
WHAT IS THE DURATION OF THE PERIOD OF PROBATION? PROBATION SHALL HAVE THE FOLLOWING PERIODS IN THE INSTANCES BELOW:
1. If the defendant was sentenced to imprisonment of not more than one year, probation shall not exceed 2 years
2. If the term of imprisonment is more than 1 year, probation shall not exceed 6 years
3. If the penalty is only a fine and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor be more than twice the total
number of days of subsidiary imprisonment. For example, if the subsidiary imprisonment is 10 days, probation period should not be less than 10 days and not more than 20 days.
CAN THE GRANT OF PROBATION BE REVOKED?
Yes. Probation is revocable before the final discharge of the probationer by the court for violation of any of its conditions. Once it is revoked, the court should order the arrest of the
probationer so that he can serve the sentence originally imposed.
The period of probation is not deducted from the penalty imposed.
UPON THE LAPSE OF THE PERIOD OF PROBATION, IS THE CASE AGAINST THE PROBATIONER AUTOMATICALLY TERMINATED?
NO. After the period of probation, the court has to order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation.
Only upon issuance of this order is the case terminated.
WHAT IS THE EFFECT OF THE FINAL DISCHARGE?
IT shall operate to restore the probationer to all civil rights lost or suspended as a result of his conviction
He is also discharged fully of his liability for any fine imposed as to the offense for which probation was granted
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