AN ACT AMENDING THE PROBATION LAW OF 1976

Case Overview and Summary

Summary of Republic Act No. 10707 Amending the Probation Law of 1976

Grant of Probation (Section 1):
- Allows the trial court to suspend the execution of a sentence and place the defendant on probation for a probationable penalty, upon application by the defendant within the period for appealing.
- Prohibits entertaining or granting probation if the defendant has already appealed the conviction.
- Allows application for probation if a non-probationable penalty is modified to a probationable penalty on appeal, before the decision becomes final.
- Considers the filing of the probation application as a waiver of the right to appeal.
- Specifies that an order granting or denying probation is not appealable.

Disqualified Offenders (Section 2):
- Disqualifies offenders from probation benefits if:
    a. Sentenced to more than 6 years of imprisonment (Section 9a).
    b. Convicted of a crime against national security (Section 9b).
    c. Previously convicted of an offense punished by more than 6 months and 1 day imprisonment and/or a fine of more than ₱1,000 (Section 9c).
    d. Previously granted probation under this law (Section 9d).
    e. Already serving a sentence when the law became applicable (Section 9e).

Termination of Probation (Section 3):
- Allows the court to order the final discharge of the probationer after the probation period, upon finding that the terms and conditions were fulfilled.
- Specifies that the final discharge restores all civil rights lost due to conviction and extinguishes criminal liability for the offense.
- Requires furnishing copies of the discharge order to the probationer and probation officer.

Powers of Probation Officers (Section 4):
- Grants regional, provincial, and city probation officers the authority to administer oaths, acknowledgments, and take depositions related to their duties.
- Gives probation officers the powers of a police officer with respect to probationers under their care.
- Considers probation officers as persons in authority.

Field Assistants and Subordinate Personnel (Section 5):
- Allows regional, provincial, and city probation officers to be assisted by field assistants and subordinate personnel as necessary.

Volunteer Probation Assistants (VPAs) (Section 6):
- Authorizes the Probation Administrator to appoint VPAs to assist in the supervised treatment program of probationers.
- Specifies that VPAs shall not receive regular compensation, except for reasonable transportation and meal allowances.
- Establishes a 2-year term for VPAs, renewable or recallable for just cause.
- Requires implementing rules and regulations to prescribe the functions, qualifications, continuance in office, and maximum caseloads of VPAs.
- Mandates a reasonable number of VPAs in every regional, provincial, and city probation office.
- Encourages and supports the organization of VPAs at national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.