Probation Law
Indeterminate Sentence Law
For Special Laws:
Maximum Terms: should NOT EXCEED the
maximum term fixed by law.
Minimum Terms: should NOT BE LESS than
the minimum term fixed by law.
For Revised Penal Code:
Maximum Term: Maximum term fixed by law
given the attending circumstances
Minimum Term: Within the penalty next lower
of the penalty fixed by law. No consideration
for modifying circumstances. Period is
discretionary of the court.
Exemptions:
 Death Penalty/Life Imprisonment
 Treason, Conspiracy or Proposal to Commit
Treason
 Misprision of Treason, Rebellion, Sedition or
Espionage
 Piracy
 Habitual Delinquents
 Escaped from Confinement/Evaded
Sentence
 Was granted pardon but Violated the Terms
 Maximum Term of Imprisonment is Less than
A Year
 Those already sentenced by a final
judgement
 Those sentenced by destierro or suspension
It is MANDATORY and application is BASED ON
the PENALTY ACTUALLY IMPOSED. However, it is
not applied when not favorable to the accused
Whenever a prisoner released on parole violate
the condition of his parole, prisoner may be
rearrested to serve the remaining unexpired portion
of the maximum sentence for which he was originally
committed to prison.
When there is a privileged mitigating
circumstance, the starting point for determining the
minimum term is the penalty next lower from that
prescribed.
Probation – disposition under which a defendant,
after conviction and sentence, is released subject to
conditions imposed by court and to the supervision
of a probation officer.
Application for probation must be filed within
the period for perfecting an appeal. No application
for probation shall be entertained or granted if the
defendant has performed the appeal from the
judgement of conviction
Application for probation shall be filed with
the trial court and takes effect upon its issuance .
Exemptions:
 Offender is in need of correctional treatment
that can better provided by his commitment
to an institution.
 There is an undue risk that during the period
of probation the offender will commit another
crime.
 Probation will depreciate seriousness of the
crime committed.
Disqualified Offenders
 Those sentenced to serve a maximum term
of imprisonment of more than 6 years
 Those convicted of any crime against
national security
 Those who have previously been convicted
by final judgement punished by more than 6
months and 1 day and/or fine of more than P
1, 000.00
 Those who have already been on probation.
 Those already serving sentence at the
effectivity of the statute
Period of Probation
Imprisonment of Less
Not more than 2 years
than a Year
Imprisonment of More
Not more than 6 years
than a Year
Not less or more than
Fine but with subsidiary twice the total number of
imprisonment days for subsidiary
imprisonment
Convict may file for probation if appeal is for
conviction imposing a non-probationable penalty
which is modified on appeal to a probationable
penalty
An order granting or denying probation is not
appealable.
Pending submission of report and resolution of
the petition, defendant may be released under bail
filed in his case, or in custody of a responsible
member of the community if:
 No bail was filed
 Defendant is incapable of filing a bail
Conditions of Probation
Mandatory Conditions:
 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 issuance
 Report to the probation officer at least once a
month at such time and place as specified by
the officer
Special/Discretionary Conditions: conditions
courts additionally impose on the probationer
towards his correction and rehabilitation outside
of prison
Accessory penalties are deemed suspended
once probation is granted. However, upon violation of
probation, accused shall serve the penalty imposed
for the offense under which he was placed on
probation.
How is Probation Terminated?
There must first be an issuance from the
court, an order of final discharge based on
the report and recommendation of the
probation officer
Effect of Termination of Probation
 Restoration of all civil rights
 Total extinguishment of criminal liability
Probation and its termination only affects the
criminal aspect of the case.
Art. 78. When and How a
Penalty is Executed
No penalty shall be executed except by virtue
of a final judgement.
A penalty shall not be executed in any other
form than that prescribed by law, nor with any other
circumstances or incidents than those expressly
authorized.
Art. 79. Suspension of the
Execution and Service of
Penalties in Case of Insanity
An accused person may become insane:
 During commission of the crime (Exemption)
 During trial (Suspension of proceedings and
order of confinement until recovery of reason)
 By final judgement (Suspension of personal
penalty)
 While serving sentence (Suspension of
personal penalty)
Civil liability may be executed even in case of
insanity of accused. Offended party may even ask for
the execution of the judgement.
Art. 80. Suspension of
Sentence of Minor Delinquents
Art. 87. Destierro.
Imposition of Destierro:
 Infliction of death or physical injuries under
exceptional circumstances
 Failure to provide bond for good behavior
 Penalty of a concubine for concubinage
 It is the proper penalty after lowering a
penalty by a degree
Art. 88. Arresto Menor
Service of Arresto Menor:
  Municipal Jail  Period of time prescribed by law has
 House of defendant under surveillance of an elapsed
officer, when the court provides after taking  Marriage of Offended Woman
consideration of the health and other  Rape
satisfactory reasons  Seduction
 Abduction
 Acts of Lasciviousness
Art. 89. Extinction of Criminal  Final discharge of Probationer
Liability Extinction of criminal liability does not
automatically extinguish civil liability.

Extinction of Criminal Liability If the offended private party desires to recover

 Death of Convict (Personal Penalty)
(Civil and pecuniary liabilities, only if death
occurred before final judgement)
 Service of the sentence – debt incurred by
the offender as a consequence of his
wrongful act
 Amnesty – act of a sovereign power granting
oblivion or general pardon for a past
offense. It completely extinguishes the
penalty and all its effects
 Absolute Pardon – act of grace proceeding
from the power entrusted with the execution
of the laws which exempts the individual
from the punishment the law inflicts for the
crime committed.
 Prescription of Crime – forfeiture/loss of right
of the State to prosecute the offender after
the lapse of a certain time
damages from the same act or omission complained
of, he must file a separate civil action predicated on
other sources of obligation instead of on the felony.
 If it arises from quasi-delict resulting into
injury to a person or property, action must
be filed with executor or administrator of the
estate of the deceased
 If it arises from contract, action must be filed
against estate of the accused
Right of the offended party to file separate civil
action is not lost by prescription when accused dies
pending appeal.
Death of the offended party does not extinguish
the criminal liability of the offender
Art. 90. Prescription of Crimes

Prescription Period of Offenses under Special

Laws and Municipal Ordinances
Fine or by
imprisonment not less 1 year
than 1 month Prescription Period of Offenses under Revised
Imprisonment of more Penal Code
than a month but not 4 years Death
exceeding 2 years Reclusion Perpetua 20 years
Imprisonment of more Reclusion Temporal
than 2 years but less 8 years Afflictive Penalties 15 years
than 6 years Correctional Penalties 5 years
Imprisonment of 6 Libel
12 years 1 year
years or more Similar Offenses
Internal Revenue Law 5 years Oral Defamation
Municipal Ordinances 2 months Slander by Deed 6 months
Certificate of Grave Slander
Convenience of Public 2 months Light Penalties
Service Commission (Arresto Menor) 2
Simple Slander1
Compound Highest Penalty
 Prescription of Penalty – loss or forfeiture of Prescription Period of Offenses under Special
right of the Government to execute the final Laws and Municipal Ordinances
sentence
 That there be a final judgement
 Fine or by  When the liability to return an object
imprisonment not less 1 year arises from a contract, instead of a
than 1 month criminal act, court cannot order its
return.
Imprisonment of more
than a month but not 4 years “The owner of the property illegally taken by the offender
exceeding 2 years can recover it from whomsoever is in possession even if
such property is in the possession of a 3rd party who
Imprisonment of more acquired it by legal means.”
than 2 years but less 8 years Property shall be returned to
without knowing
than 6 years the owner
With knowledge it was He is an accessory and thus
Imprisonment of 6 stolen criminally liable
12 years
years or more With good faith AND at Return but with
public sale reimbursement
Internal Revenue Law 5 years Barred by law i.e. Torrens Restitution shall not be
Title or authority of sale ordered by the court
Municipal Ordinances 2 months

Certificate of
2. Reparation
Convenience of Public 2 months
 Reparation = amount of damage +
Service Commission
price + sentimental value
 If there is no evidence as to the
value of the thing, reparation cannot
Where the last day of prescription period for be made
filing an information falls on a Sunday or legal  Ordered by the court if restitution is
holiday, information can no longer be filed on the not possible.
next day as the crime has already prescribed.  It is limited to those caused by and
flowing from the commission of the
crime
Art. 104-111. Civil Liability  Payment by the insurance company
does not relieve the offender of his
obligation to repair the damage
caused
1. Restitution
3. Indemnification
 It is limited to crimes against property
 Refers to crimes against persons
 The convict cannot, by way of
(the injured party, the family and 3rd
restitution, give to the offended party
persons)
a similar thing of the same amount,
 Indemnity for medical services still
kind or species and quality
unpaid may be recovered
 If the property stolen while in
 Contributory negligence of the
possession of the thief suffer
offended party reduces civil liability
deterioration, the court will assess
of the offender
the amount of the deterioration and
 Civil liability may be increased on
in addition to the return of the
appeal but never the criminal liability
property, the culprit will be ordered to
pay amount representing the
deterioration.
 Restitution cannot be ordered before
final judgement, regardless if the
accused is acquitted as long as the
offense is proved and it is shown that Civil Liabilities Pecuniary Liabilities
the object belongs to somebody else.
 A person who is not a party in the
case cannot recover in the criminal
action any indemnity from the
accused.
 When property taken away is not recovered, the
court must order the accused to restore it to its owner
or, as an alternative, to pay its just value.

Offense Restitution Reparation Indemnification

Robbery ×
Theft ×
Assault
(Person in
Authority)
Occupation of
× × ×
Real Property