Dear PAO,
If an accused was granted probation, is there a possibility that he will be imprisoned for the crime he was convicted of?
Ian

Dear Ian,
Under Presidential Decree (P.D.) No. 968 or the Probation Law of 1976, probation is defined as a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer (Section 3(a), PD No. 968).

It is clear that under the probation law, a convicted person or a probationer shall not be subjected to the penalties meted upon him/her by the court but he/she must comply with the conditions the court may impose and that he/she shall be under the supervision of a probation officer during the entire duration of the probation.

Nevertheless, if the probationer violates the conditions prescribed by the court, he/she may be ordered, after due process, to serve his/her original sentence. This is according to Section 15 of the abovementioned law (amended by PD No. 1257), to wit:

“Sec. 15. Arrest and Probationer; Subsequent

Disposition. - At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision.

In the hearing, which shall be summary in nature, the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. The court shall not be bound by the technical rules of evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity of the charge. The State shall be represented by a prosecuting officer in any contested hearing. If the violation is established, the court may revoke or continue his probation and modify conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.”

Thus, there is a possibility that a convicted person who avails the privileges provided under the probation law may still be imprisoned, if he/she violates the conditions imposed upon him/her by the court during the period of probation. It is no guarantee that just because a convicted person is under probation, he/she may not be imprisoned anymore.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to guide you with our opinion on the matter.