‘ The Probation Law Of the Philippines iu (Presidential Decree No. 968, As Amended) A. Philippine Probation Law (PD 968, as amended, July 24, 1976) On July-24, 1976, Presidential Decree No. 968 was Promulgated. This law applies to adult offenders and first time minor drug offenders under Section 70 of RA 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and child in conflict with the law (CICL) under Section 42 of RA 9344 OF the Juvenile Justice and Welfare Act of 2006. However, PD 968 was subjected to amendment of other statutes these amendatory laws are as follows: J. Presidential Decree No 1257 - effective upon issuance on December 1, 1977 amending Sections 4, 7 paragraph (1), 15, and 33 of PD 968; 2. Batas Pambansa Blg. 76 — effective upon approval by the President on June 13, 1980 amending Section 9 of PD 968; Presidential Decree No. 1990 - promulgated on October 5, 1985 and took effect on January 15, 1986, after 15 days from the date of its publication in the Official Gazette (December 30, 1985). This law amended Sections 4 and 9 of PD 968; Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 - amended Section 4 of PD 968 to read as follows: “Section 42. Probation as an Alternative to Imprisonment - The court may, after it shall have convicted and sentence a child in conflict with the law, and upon application at any time, place thé child on probation in lieu of service of her/his sentence taking into account the best interest of the child. For this: is wn as the ntial Decree No. 968, otherwise kno’ Purpose, Section 4 of Preside nded accordingly.” “Probation Law of 1976,” is hereby ame! " i ition: Other laws prescribing disqualifications for Probation: slg. 881) ‘lippi bans 881 5. Omnibus Election Code of the Philippines - Pampa is within disqualification for probation even the penalty of impris the coverage of PD No. 968 i ion! “Section 264. Penalties - Any person found guilty of av ee pe this Code shall be punished with imprisonment of not shee Not more than six years and shall not be subject to probation.’ 6. Wage Rationalization Act (Republic Act No. 6727) “Section 12. Any person, corporation, trust, firm, panee entity which refuses or fails to pay any of the prescribed increase in the wage rates made in accordance with this Act shall be pu! eaivone fine not less than twenty five thousand pesos (F 25,000)nor mort eee hundred thousand pesos (100,000) or imprisonment of not less Pate years nor more than four years, or both such fine and imprisonmen ae discretion of the court: Provided, that any person convicted under this : shall not be entitled to the benefits provided for under the Probation Law.’ ffense under year but association or adjustments hed by a XXxXxX XXXX xXxXxxX 7. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) “Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers ~ Any person convicted: for drug trafficking and pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential decree No. 968, as amended.” However, Sections 57 and 70 of RA 9165 require the applicability of the Probation Law: 8. Probation and Community Service Under the Program “Section 57. Probation and Community Service under the Vol Program — A drug dependent who is discharged as rehabilitated by the DOH- accredited Center through the voluntary submission Program, but does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the provisions of this Act, but shall be Placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court, without Prejudice to the outcome Ofany Pending case filed in court. Voluntary Submission luntary Submission Such drug dependent shall undergo community service as art after-care and follow-up Program, which may be done in clardinete net non-governmental civic organizations accredited by the Dswi recommendation of the Board.” D, with the9, Probation or Community Service for a First-Time Minor Offender in lieu of Imprisonment “Section 70. Probation or Community Service fora First Time Minor Offender in lieu of Imprisonment - Upon promulgation of the sentence, the court may, 7 its discretion, place the accused under probation, even ifthe sentence provide under this Actis higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 45 of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of community service or order a final discharge. In both cases, the judicial records shall be covered by the provisions of Section 60 and 64 of this Act. If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served.” Implied Applicability of the Probation Law 10. Optical Media Act of 2003 (RA 9239) repealed PD 1987 or An Act Creating the Videogram Regulatory Board. ‘There is an express provision under PD 1987 that the Probation Law shall not apply in cases of its violations. However under RA 92389, there is no longer @ Provision that clearly excludes the application of the Probation Law in case Of its violations. Hence, since the latter law is more favorable to the convict, persons who are convicted for violating this law shall be allowed to be placed on probation.B. The Purposes of the Philippine Probation Law sre offend With 1, 2. Provide an opportunity for the reformation of an o! Or Promote the correction and rehabilitation by providing individuali 5 ividualized treatment; fa which might be less probable if he were to serve a prison sentence; and, 3. Prevent the commission of offenses (Section 2, PD 968). = Pacpone ional syste™S that will , To establish a more enlightened and humane correctional sy: ncidence of i. i Promote the reformation of offenders and thereby reduce the recidivism; and stuti er institutions 2. To avoid confinement of all offenders in prisons and as the financial Notes: for rehabilitation that surely constitutes an onerous drain 01 resources of the government Probation created a officer, the latter nship assumes the * As an individual and community-based treatment, relationship between the probationer anda probation exercising supervision ‘over the former. This relatio' willingness of the probationer to be placed on probation. Probation supervision implies a systematic guidance and assistance of the probation officer for personalized treatment for the probationer. This constitutes the probationary treatment. A community-based treatment underlines the goal of re-integrating the probationer into the mainstream of society. Hence, community involvement and support are important for the development, recreation, education and other treatment and prevention programs aimed at reducing the alienation of the probationer from the community. ¢ As an opportunity for reformation, Section 2(b) expresses the concept of probation as an opportunity for reformation. The basis for such assertion is the idea that probation is ahumane correctional treatment of offenders. Inherently, the concept recognizes the lesser probability of reformation if a duly convicted and sentenced offender is incarcerated thereby directly causing disruption of his normal family and social relationships. The opportunity, to reform and assume anormal life is greatly enhanced when the offender is released, after conviction and sentence, to the custodial supervision of a probation officer. At this juncture, it must be noted that only offenders who are likely to respond to individualized and community- based treatment programs can avail of probation. It is the ultimate goal of probation that probationers be productive members of the society thereby assuming family as well as community responsibilities,* To prevent the commission of offense, Probation serves a5 an alternative to incarceration. It represents an enlightened and humane correction Rigas Recognizing the likelihood that crime is an outgrowth of 2 situation suc as family problem or unemployment or the likelihood that the crime is significantly related to other condition such as when the offender is suffering from a mental illness or psychological abnormality. eee seeks to correct archaic beliefs that incarceration deters commission oO crimes. The means to achieve such is through individualized and community based,treatment. Moreover, long term imprisonment tends to erode the offender’s capacity for responsibility and capability to assume a respectable social life. The objective of probation therefore is for the protection and ’ welfare of the society through prevention of the commission of crime. C. Advantages of Probation 1, _Itprevents crime by giving freedom and rehabilitation only to convicts who are not likely to violate penal laws again. 2, Itprotects the society by placing under the supervision of a probation officer a probationer while under the rehabilitation program. 3. It conforms to the concept of restorative justice. It gives a second chance in life and provides the opportunity to be rehabilitated to the penitent offender. ‘It prevents first time offenders from becoming hardened criminals. » Less cost on the part of the government. Avoids overcrowding of jail and prison facilities It restores to successful probationers their civil rights. wee MP It transforms the probationer a taxpayer instead of tax eater. D. Characteristics of the Probation System under Presidential Decree No. 968 as amended ‘The probation system established in the Philippines has at least three important features that make it different from the systems in other states. 1. _ Itisa “single or one-time” affair, which means that a convicted person can only avail the privilege of a probation once in his lifetime. If he is convicted again, such person can no longer avail himself of another probation. However, in Western countries, a person can avail of probation as many times as he is convicted of violating penal laws. Probation is made available only to those convicted of certain crimes. Probation system is highly selective. Crimes against national security, wv; ntenced to like rebellion and insurrection, are excluded. Those “ - probation Prison terms of more than six years are also excluded fro! Pee ight to vot ivil ri i right e, Persons under probation retain their civil rights, a od i ee Practice one’s profession, or exercise parental or marit: ae probation ts Western countries, in order for a person who had uundergon® Peredine serve his/her civil rights, he/she must initiate separate col Pos basis for Presidential Decree No. 968 is a legal framework aes a the implementation of the probation system in the co rn ‘i e agi It is a conditional suspension of the execution of sentenc’ convicted offender. . ic safety and Conditions of probation imposed by the court to protect publi to foster the rehabilitation and reformation of the probationer ji i ich will serve as Post Sentence Investigation Report is required, which will se : ing the same. informational basis for the court's decision in granting or denying th i r the Supervision, guidance, and assistance by the Probation Officer ove! probationer Application for Probation Application for probation shall be filed with the trial court, which has jurisdiction over the case. Time of filing shall be any time after conviction and sentence but within the period for perfecting an appeal (15 days) as provided by the Revised Rules of Court. ‘The application shall be in the form’approved by the Secretary of Justice as recommended by the Administrator. ‘The trial court may notify the concerned prosecuting officer of the filing of the applicant at a reasonable time it deems necessary, before the schedule hearing thereof, The prosecuting officer may submit his comment, if, any, within reasonable time given to him by the trial court the notice to comment. on the application from his receipt of If the trial court finds that the application is due in form appears to be qualified for the grant of probation, it shall order the city or provincial Parole and Probation office to cond ¢ ° ; uct a post-sentence investigation and submit the same within 60 days from teceipt of the order of said court to conduct the investigation, and the applicantEffect of Filing and Receipt of Application for Probation +. The trial court, upon receipt of the application filed, suspend the execution of the sentence imposed on the judgment. Pending submission of the post-sentence investigation and resolution on the application, the applicant may be allowed on temporary liberty under his bail filed in the criminal case. " Where no bail is filed or applicant is incapable of filing one, the trial court may allow the release of the applicant on recognizance. Post-sentence Investigation - No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby. Note: Post Sentence Investigation is mandatory. It is a pre-requisite in granting probation. Period for Submission of Investigation Report - The probation officer shall submit to the court the investigation report on a defendant not later than 60 days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not later than five days after receipt of said report. Pending submission of the investigation report and the resolution of the petition, the defendant may be allowed on temporary liberty under his bail filed in the criminal case; provided, that, in case where no bail was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant to the custody of a responsible member of the community who shall guarantee the dependant’s appearance whenever required by the court. Purpose of Post Sentence Investigation Report (PSIR) This enables the trial court to deterrnine whether or not the ends of justice and the best interest of the public primarily, as well as that of the applicant, would be served by the grant or denial of the application. Notes: * Within 60 days from receipt of the order of the Court the Probation officer shall conduct Post Sentence Investigation. * Within days from receipt of the Post Sentence Investigation Report the court shall resolve the petition for probation. + Bail may be allowed during the pendency of the investigation or pending resolution for probation. * Noneed to post ad al ball, the same ball posted for cripin: I case may be used. =) aeRecognizance may be allowed when the applicant for probation is incapable to post bail. Rule on Bail under the Revised Rules on Criminal Procedure Is applicable. Nature and Character of Post-Sentence Investigation Report Ttis Tecommendatory in nature and persuasive in character. the sound discretion of the trial court considering that the denial probation is a judicial prerogative. Itaim to aid or grant of Full Blown Courtesy Investigation (FBC) Itis a general courtesy investigation from another city or and probation office, which request for a complete PSIR on a petition for pending referral investigation in the Probation Office of origin. When FBCI Takes Place: ‘1. Applicant for probation is a transient offender in the place of commission of the crime and/or a permanent resident of another place. 2. He spent his pre-adolescent and/or adolescent life in the province or city of origin. 3, He attended and/or finished his education thereat. 4. His immediate family members, collateral informants or disinterested persons and officials who can best authenticate the inter-family relationship, upbringing, behavior of the applicant for probation in the community are residents of the place of his origin. Grant of Probation “Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of said 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 an appeal from the judgment of conviction. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. 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. : An order granting or denying probation shall not be appealable (as amended by Section 1 of PD 1990) The provisions of section 4 of PD 968, as amended, shall not apply to those who have already filed their respective applications for probation at the time of the effectivity of this Decree (as amended by Section 3 of PD 1990).” provincial parole probationNotes: * Based on the original provision of Section 4 of PD No. 968, the offender is allowed to appeal his conviction and should be the same be denied, then he can apply and avail the privilege of probation. This was still the provision under PD 1257 but the present provision provided by PD 1990 purposely remove the option of appealing then applying for probation (People vs- Evangelista, 253 SCRA 714). And now instead made probation and appeal exclusive remedy (Bernardo vs. Balagot, 215 SCRA 526; Francisco vs. CA, 243 SCRA 384). * Anorder granting or denying probation shall not be appealable. Nature of Probation: Effect of the Grant of Probation : 1. Probation is but a mere privilege and as such, its grant or denial rests solely upon the sound discretion of the trial court. After its grant, it becomes a statutory right and it shall only be cancelled or revoked for cause and after due notice and hearing. The grant of probation has the effect of suspending the execution of sentence. ‘The trial court shall order the release of the probationer’s cash or property bond upon which he was allowed temporary liberty. Notes: 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. No application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of conviction (PD 1990). In other words, the filing of the application for probation is considered as a waiver of the right of the accused to appeal. 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. However, an outright denial by the court is a nullity correctible by certiorari (De Luna v. Hon. Medina, CA 78 OG 599). An accused must fall within any one of the disqualification in order to be denied probation (Balleta v. Leviste, 92 SCRA 719). \ : Case Analysis: Pedro was convicted of a crime and sentenced to a prison term of more than six years (beyond the probationable limit of six years). He appealed his case and the appellate court modified his sentence below six years. Question: May Pedro apply for probation?provided that the defendant 191 Answer: No, the new provision under Section 4 specifically “no application for probation shall be entertained or granted when has perfected an appeal from the judgment of conviction” (Estoesta vs. CA» SCRA 303). Notes: . application * Section 4, in its present form, expressly prohibits the grant of an ement 0 f for probation if the defendant has perfected an appeal from the ju conviction (Llamado vs. CA, 174 SCRA 566). * Thelaw considers appeal and probation mutually exclusive rem vs. CA, 243 SCRA 384). When Probation Order Becomes Effective ‘ inform It shall take effect upon its issuance at which time the court shall aes ae offender of the consequences thereat and explain that upon his failure fo som of with any of the conditions prescribed in the said order, or his commiss! another offense under which he was placed on probation. edies (Francisco Persons Disqualified to be Placed on Probation 1. Sentenced to serve a maximum term of imprisonment of more than six years. . ‘ A penalty of six years and one day is not entitled to the benefits of the law. In Francisco v. CA, 243 SCRA 384, the Supreme Court held that in case of one decision imposing multiple prison terms, the totality of the prison terms should not be taken into account for the purposes of determining the cligibility of the accused for the probation. The law uses the word “maximum term,” and not total term. It is enough that each of the prison term does not exceed six years. The number of offenses is immaterial for as long as the penalties imposed, when taken individually and separately, are within the probation period. 2. Convicted of any crime against the national security (treason, espionage; piracy, etc.) crimes against public order (rebellion, sedition, direct assault, resistance, etc.). : 3. Who have been previously convicted b . oa yy 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 F200. 4. Who have been once on probation. Who are already serving sentence at the time of the effectivity of the Decree.Notes: * Except for the reasons specified by the law, a trial court shoul id not deny a Petition for probation, especially when the probation officer has favorably recommended the grant of probation. Even if at the time of conviction the accused was qualified for probation but at the time of his application for probation, he is no longer qualified, he is not entitled to probation. The qualification for probation must be determined as of the time the application is filed in court (Bernardo vs. Judge Balagot, 86561, Nov. 10, 1992). . Obligations of a Probationer 1. 3. Present himself to the probation officer within 72 hours from receipt of probation order : Report himself to the probation officer at least once a month during the period of probation Not to violate the conditions of his probation ‘Terms and Conditions of Probation Two kinds of conditions in probation: (1) mandatory; (2) discretionary. Mandatory or General Conditions r To present himself to the Probation Office for supervision within 72 hours from receipt of the probation order To report to the assign probation officer at least once a month during the period of probation at such time and place as may be specified by the Probation Office Discretionary or Special Conditions 1 2. 3. Cooperate with his program of probation treatment and supervision; Meet his family responsibility; Devote himself to a specific employment and not to change said employment without prior written approval of the Chief Probation and Parole officer; Undergo medical, or psychological, or clinic, or drug or psychiatric examinations and treatment and remain in a specified institution, when required for the purposes Comply with a program of payment civil liability of the offended party or his heirs, when required by the trial court of as embodied in its decision or resolution; Pursue a prescribed secular study or vocational training;10. ll. 12. Attend or reside in a facility established for instruction, schedule or residence of persons on probation; Refrain from visiting houses of ill-repute; Abstain from drinking intoxicating beverage to excess; Permit the supervising probation officer on case or authorized social worker to visit his home and place of work; Reside at premises approve by the trial court and not to ch: without proper approval of the said court; and, Satisfy other conditions related to his rehabilitation into a Us which is not unduly restrictive of his liberty or incompati freedom of conscience. ange his residence useful citizen, ble with his Supervision of Probationers The primary purposes are as follows: To ensure thé probationer’s compliance with the probation conditions and the prescribed probation treatment and supervision program/plan; ‘To manage the process of the probationer's rehabilitation and reintegration into the community; and, To provide guidance for the probationer’s transformation and development into a useful citizen for his eventual reintegration to the mainstream of society. Principles, Goals, and Objectives of Probation It is the considered opinion of most correctional authorities that probation is one of the most effective and economical tools which society now has for the care, treatment, and rehabilitation of certain adult and juvenile offenders against the law. Presidential Decree No. 968, otherwise known as the Probation Law of 1976, recognizes such trend. However, the Decree separates adult probation from juvenile probation for it expressly excludes those entitled to the benefits under the provisions of Presidential Decree No. 603, Republic Act No. 9344 as amended, and other similar laws. Statements of the principles, goals and objectives of the Probation Law are found in its Preamble. : Essential Goals of Probation 1. 2. 3: An enlightened and humane correctional system; The reformation of offenders; ‘The reduction of the incidence of recidivism;4. To extend to offenders individualized and community-based treatment Programs instead of imprisonment; 5. It is limited only to offenders who are likely to ou to probation favorably; and, 6. It is economical or less costly than confinement to prisons and other institutions with rehabilitation programs. ‘The Basic Legal Concept of Probation (Two-fold Concepts): 1. As a conditional suspension of the execution of sentence; and, 2. As a personal care or treatment and supervision over the probationer The former denotes that the court assumes a primary role because a grant of probation is judicial in function and prerogative. The latter indicates the administrative aspect of probation through the supervision of a probation officer. From the point of view of social workers, it is a social casework treatment. The Court's Dual Role in Probation: 1. Whenitacts in accordance with the jurisdiction it acquires over the accused and proceeds to determine his guilt. Assuming an affirmative finding of the offender's guilt beyond reasonable doubt, the court would convict and sentence said offender. 2. When the court determines whether or not to grant probation upon application of the offender. Sections 3(a) and 4 of the Decree clearly showed this purpose. The Decree defines probation in Section 3 as “a disposition under which the defendant, after conviction and sentence, is released subject to the conditions imposed by the court and to the supervision of a probation officer” Notes: * Anoffenderwillbe released on probation only after conviction and sentence. Furthermore, Section 4 underlines the necessity of filing an application with the trial court before the suspension of the execution of the court’s judgment. The petition for probation may be filed by a petitioner directly with the trial court which exercises jurisdiction over his case. « Ifthe court finds that the petition isin due form and that the petitioner is not disqualified from the grant of probation, it shall refer the same to the Provincial or City Probation Officer within its jurisdiction as the case may be. The court shall order the Provincial or City Probation Office to conduct a post-sentence investigation of the petitioner. * Only upon the filing of an application for probation after conviction and sentence and a determination that the offender does not fall underend the any of the disqualifications set for in the Decree the court may suSsP' €xecution of sentence. The Post-Sentence Investigation is an indispensable reqi be place don Probation. The Probation Law provides: “No person shall ¢ ricer and a Probation except upon prior investigation by the probation best interest determination by the court that the ends of justice and the ij thereby.” of the public as well as that of the defendant will be Servet a og The scope of the investigation must be consistent with the relative to Probation. In general, it is a fact finding inquiry into all ne condition the character, antecedents, environment, mental and physic cores: of the offender, and available institutional and community Tr ‘ion Upon the termination of the Post-Sentence Investigation, the eer officer shall submit to the court the investigation report on 4 conduct not later than 60 days from receipt of the order of said court to ani the investigation. The purpose of the report is to assist the ne determining whether or not the ends of justice and the best intere: the publicas well as that of the defendant will be served thereby. The recommendation contained inthe report is merely persuasive and is in no way binding upon the court. Considering the foregoing, and compliance therewith, the court will promulgate a probation order. Probation is a privilege and, as such, its grant rests solely upon the discretion of the court. The grant of probation results in the release of the petitioner subject to the terms and conditions imposed by the court, andto the supervision of the Probation Office. As to the conditions to be imposed by the court, they are enumerated in Section 10 of the Presidential Decree No. 968. The jurisdiction and control of the court which arises from an imposed sentence, remains with the court even after a grant of probation. This is evident in Sections 32 and 40 of the Rules On Probation Methods and Procedures. Section 32 provides: “During the period of probation the court, motuproprio, or on motion of the probation officer or of the probationer, may revise or modify the conditions or terms of the probation order.” In case of violation of the terms and conditions imposed by the court, Section 40 provides “if the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shallorder the probationer to serve the sentence originally imposed and shall commit the probationer.” This power of the court underlines the Non-punitive and non-repressive aspect of probation. As an Administrative Process, once the court has granted probation to an offender and has duly imposed the terms and conditions of the probation, the probation officer has the bounden duty to see to it that the probationer observes all terms and conditions imposed by the court. Probation supervision is then a primarily an administrative Process. uisite to 4 grant of: fa oy out these purposes the Probation Law upon its approval carried He i ie le establishment of a Probation Administration whichis an agency er the Department of Justice, which shall exercise general supervision overall probationers. In case a violation is committed by the probationer: oe a after considering the nature and seriousness of the violations of Secs Gf any), may issue a warrant for the arrest of the probationer. He is scien dee to the court immediately for hearing, which is summary. If violation cette i os the Court may revoke or continue the probation and modify the jenk ons t rereof, If revoked, the probationer shall be ordered to serve the ntence originally imposed and shall commit the probationer. ‘The order of the court is not appealable. Final Discharge of probation, implications: A final discharge of probation shall operate to restore to the probationer all civil rights lost or suspended asa result of the conviction and to fully discharge of his liability for any fine imposed. Under the Probation Law, what is suspended is the execution of the sentence, while under PD 603, as amended, what is suspended is the pronouncement of the sentence upon request of the youthful offender (now Child in Conflict with the Law); The suspension of the sentence, however, has no bearing on the civil liability, which is separate and distinct from the criminal action (Budlong v. Apalisok, 22 SCRA 935). Interpretation/Construction of the Probation Law: ‘The provisions of the Probation Law should be liberally construed in order that the objective should be realized and achieved (Santos vs. Hon. Pano, 55130, Jan. 17, 1983). In probation, the imposition of the sentence is suspended and likewise its accessory penalties are likewise suspended. An order placing the defendant on probation is not a sentence but is rather in effect a suspension of the imposition of the sentence. Itis not a final judgment but is rather an interlocutory judgment in the nature of the conditional order placing the convicted defendant under the supervision of the court for his reformation (Baclayon vs. Hon. Mutia, 129 SCRA 148). ‘The Benefits of Probation: The implementation of the Probation Law will confer benefitsand advantages not only to society in general but more so on the part of the offender and the government. 1. To society - The philosophy of probation is that the community is reoponalse for ae and its causation, that individuals can change and deserve a second chance, and that it is for the greater good of societythat offenders not be summarily eliminated. from productive life but possible. brought back to its fold in the quickest and least traumatic way Concretely, society is benefited by the probation system owing to t continued presence therein of erring individuals who, notwithstanding a previous error, are expected to have turned from their errors and to continue serving the society. A different situation would resu incarceration of valuable human resources. It in the ‘To the victim - Probation provides restitution in favor of the victim hence, justice is considered served. alternative to To the offender - In the absence of probation as an incarceration, a convicted offender would suffer. the loss not, only of family contacts and job, but also, with the mass treatment in prison, loss of privacy or any: privileges requiring exercise of personal freedom of choice. in addition to stigmatization, disruption of ‘normal familial and other meaningful relationship, such. removal from productive participation in the labor force results in deprivations for the loved ones and innocent associates of the convict. To the family — It does not deprive the children of their parent and a spouse for her/his husband or wife, hence it maintains the family united. "To the government - ‘The confinement ofall offenders in prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country. Probation is thus a less costly alternative to the imprisonment of offenders. Adoption of the system which humanizes criminal law and penology also demonstrates the government's adherence to the principle of human rights. One other tangible benefit of probation is that it would help relieve congestion in our jails and other institutional corrections.