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Criminal Procedure

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Checklist I

Steps From Filing Of
Application To Referral Thereof To Probation Officer

1. Determine whether or not the probation application may be given due
course, keeping in mind that the governing law, Pres. Decree No. 968, as
amended, 248requires
the following:

1.1 that an application for probation be filed
with the trial court; 249

1.2 that the application be filed within the
period for perfecting an appeal, that is, within fifteen (15) days from the
promulgation or notice of the judgment appealed from; otherwise, the
application shall not be entertained or granted; 250

1.3 that the applicant is not a disqualified
offender. A disqualified offender is: (1) sentenced to serve a maximum term of
imprisonment of not more than six (6) years; (2) convicted of any crime against
the national security or the public order; (3) previously convicted by final
judgment of an offense punished by imprisonment of not less than one (1) month
and one (1) day and/or fine of not less than Php200; (4) once on probation
under the provisions of this Decree; and (5) already serving sentence at the
time the substantive provisions of this Decree became applicable pursuant to
Section 33 hereof. 251

2. If the application does not appear to be meritorious, issue Order denying
due course to the application. Refer to the copy of Probation Court form for
use as a guide in drafting the Order.

3. If the application appears meritorious, issue Order giving due course to
the application. Refer to the copy of Probation Court form for use as a guide
in drafting the Order.

4. In the absence of any showing that the applicant may not be placed on
probation under existing laws, issue Order for post-sentence investigation to
be conducted by the probation officer of the territory where the court sits.
Refer to the copy of Probation Court form, for use as a guide in drafting the
Order.

Sample 1 

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF _______________________

Branch ______________________

____________________ Judicial District

Criminal Case No. ______________

For: _________________________

(Crime)

x———————————-x

ORDER

It appearing from the records that the accused,          
(name)             
, is disqualified for probation for the reason that (state reason, e.g.
sentenced to suffer imprisonment of more than six (6) years, his/her
‘Application for Probation’ filed with this Court on ____________________ is
hereby denied due course.

The Branch Clerk of Court is hereby instructed to issue corresponding
notices to bondsman/custodian to produce the accused or to the accused
himself for the execution of sentence.

(If the accused is detained, direct Branch Clerk of Court to issue
corresponding commitment order).

SO ORDERED

Judge ___________________

 

Or other appropriate court

Sample 2

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF _______________________

Branch ______________________

____________________ Judicial District

Criminal Case No. ______________

For: _________________________

(Crime)

x———————————-x

ORDER

It appearing from the ‘Application for Probation’ dated __________ filed
with this Court on ___________ that the applicant          
(name)          , may be
placed on probation under existing laws, the application is hereby given due
course.

Let a copy of this Order be served upon the (Prosecuting Officer)
who may take appropriate action or submit his/her comments on the application
within ten (10) days from receipt thereof.

Pending consideration of his/her application, the accused,    
(name)      shall remain under confinement at
the ____________/or is allowed temporary liberty under his/her bail bond/or
is released to the custody        
(name)        on the latter’s
recognizance.

SO ORDERED.

———————————-                                 
———————————

        
(Place)                                                           
(Date)

Judge ___________________

 

Or other appropriate court

Sample 3

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF _______________________

Branch ______________________

____________________ Judicial District

Criminal Case No. ______________

For: _________________________

(Crime)

x———————————-x

ORDER

The Probation Officer of ____________(Province/City)__________ is hereby
directed to conduct an investigation on the application for probation of the
accused        (name)
      and to submit his/her report thereon
within 60 days from receipt hereof in accordance with Section 5 and 7 P.D.
968, as amended.

The Clerk of Court is hereby ordered to furnish said Probation Officer
with a copy of the decision, as well as the necessary data pertinent to the
case.

The accused,       
(name)         is hereby ordered to
report to the aforesaid Probation Officer within seventy-two (72) hours from
receipt of this Order.

SO ORDERED.

 ———————————–                                
————————————-

           
(Place)                                                              
(Date)

Judge ___________________

 

Or other appropriate court

248 Toribio v. Diaz, G. R. No. 84623, May 8, 1992,
208 SCRA 595; Bernardo v. Balagot, G. R. No. 86561, November 16, 1992, 215 SCRA
526.

249 Last sentence, second paragraph, Sec. 4, PD
965, as amended.

250 Llamado v. Court of Appeals, G. R. No. 84850,
June 29, 1989, 174 SCRA 566.

251 PD 968, Sec. 9.

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