PROBATION & ISLaw

Question 1

May a probationer appeal from the decision revoking the grant of probation or modifying the terms and conditions thereof?

Answer 1

NO. Under the Probation Law, as amended, an order granting or denying the probation is not appealable.

Question 2

A was convicted in the RTC of a crime and was sentenced to suffer the penalty of imprisonment for a minimum of 8 years. He appealed both his conviction and the penalty imposed upon him to the CA. The conviction was sustained, but his sentence was reduced to a maximum of 4 years and 8 months imprisonment. Could A file an application for probation?

Answer 2

NO, because A appealed from the judgement of conviction of the trial court. Under the Probation Law, as amended, no application for probation shall be entertained or granted if the accused has perfected an appeal from the judgement of conviction.

Question 3

Offenders disqualified under the Probation Law

Answer 3

1. those sentenced to serve a MAXIMUM term of MORE THAN 6 YEARS
2. convicted of any crime against NATIONAL SECURITY
3. previously convicted by FINAL JUDGEMENT of an offense punished by IMPRISONMENT of MORE THAN 6 YEARS AND 1 DAY and/or FINE of MORE THAN 1,000 PHP
4. those who have been ONCE ON PROBATION
5. those who are ALREADY SERVING SENTENCE AT THE TIME provisions became APPLICABLE
6. those who have PERFECTED AN APPEAL of a judgement allowing for application of Probation Law