The law on probation
DearPAO,
Myfriendwasconvictedbya regionaltrialcourtofacrimeand wassentencedtosufferthepenalty ofimprisonmentforaminimum ofeightyears.Heappealedhis convictionandthepenaltyimposed ofAppeals.Thecourtsustainedmy friend’sconviction,butreduced his sentence to a maximum of fouryearsandeightmonthsof imprisonment.Couldhe laterfile anapplicationforprobation?
Art
Dear Art,
To answer your question, we shall refer to Republic Act (RA) 10707 (“An Act amending Presidential Decree 968, otherwise known as ‘The Probation Law of 1976,’ as amended). Section 1 of RA 10707 states that:
“SECTION 1. Section 4 of Presidential Decree 968, as amended, is hereby further amended to read as follows:
”SECTION 4. Grant of Probation. —Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant for a probationable penalty 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.
No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial court where the judgment of conviction imposing a non-probationable penalty was rendered, or in the trial court where such case has since been reraffled. In a case involving several defendants where some have taken further appeal, the other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction. xxx” (Emphasis supplied)
Your friend is not qualified for probation. Under the law, no probation shall be granted if the defendant has perfected an appeal from the judgment of conviction unless it imposes a probationable penalty. Thus, your friend can no longer avail of the probation because he appealed from the judgment of conviction of the trial court where his case originated. Moreover, he was sentenced to suffer the penalty of imprisonment for a minimum of eight years, which is included in the disqualification provision of the law.
We hope that we were able to answer your query. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.