Article 49Act No. 3815, Sec./Art. 49

Penalty to be imposed upon the principals when the crime committed is different from that intended.-In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.

2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempt or the frustrated crime shall be imposed in its maximum period.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

provided,

after

they

shall

have

served

a

period

of

imprisonment not less than the minimum period for

which they might have been sentenced under this Act for

the same offense.

SECTION 6. Every prisoner released from confinement on

parole by virtue of this Act shall, at such times and in such

manner as may be required by the conditions of his

parole, as may be designated by the said Board for such

purpose, report personally to such government officials or

other parole officers hereafter appointed by the Board of

Indeterminate

Sentence

for

a

period of surveillance

equivalent to the remaining portion of the maximum

sentence imposed upon him or until final release and

discharge by the Board of Indeterminate Sentence as

herein provided. The officials so designated shall keep

such records and make such reports and perform such

other duties hereunder as may be required by said Board.

The limits of residence of such paroled prisoner during his

parole may be fixed and from time to time changed by

the said Board in its discretion. If during the period of

surveillance such paroled prisoner shall show himself to

be a law-abiding citizen and shall not violate any of the

laws of the Philippine Islands, the Board of Indeterminate

Sentence may issue a final certificate of release in his

favor,

which

shall

entitle

him

to

final

release

and

discharge.

SECTION 7. The Board shall file with the court which

passed judgment on the case, and with the Chief of

Constabulary, a certified copy of each order of conditional

or final release and discharge issued in accordance with

the provisions of the next preceding two sections.

SECTION 8. Whenever any prisoner released on parole by

virtue of this Act shall, during the period of surveillance,

violate any of the conditions of his parole, the Board of

Indeterminate

Sentence

may issue an order for his

re-arrest

which

may

be

served

in

any part of the

Philippine Islands by any police officer. In such case the

prisoner

so

re-arrested

shall

serve

the

remaining

unexpired portion of the maximum sentence for which

he was originally committed to prison, unless the Board

of Indeterminate Sentence shall, in its discretion, grant a

new parole to the said prisoner. (as amended by Act No.

4225, [August 8, 1935])

SECTION 9. Nothing in this Act shall be construed to

impair

or

interfere

with

the

powers

of

the

Governor-General as set forth in Section 64(i) of the

Revised Administrative Code or the Act of Congress

approved August twenty-nine, nineteen hundred and

sixteen entitled "An Act to declare the purpose of the

people of the United States as to the future political

status of the people of the Philippine Islands, and to

provide

a

more

autonomous

government

for

those

Islands."

SECTION 10. Whenever any prisoner shall be released on

parole hereunder he shall be entitled to receive the

benefits

provided

in

Section

one

thousand

seven

hundred and fifty-one of the Revised Administrative

Code.

SECTION 11. The sum of twenty-five thousand pesos is

hereby appropriated out of any funds in the Insular

Treasury, not otherwise appropriated, for the purpose of

carrying out the provisions of this Act, to be disbursed by

the Secretary of Justice.

SECTION 12. This Act shall take effect upon its approval.

Approved: December 5, 1933

(Indeterminate Sentence Law, Act No. 4103, [December 5,

1933])

PD No 968 | Probation Law of 1976

PRESIDENTIAL DECREE No. 968

July 24, 1976

ESTABLISHING A PROBATION SYSTEM,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER

PURPOSES

WHEREAS, one of the major goals of the government is to

establish a more enlightened and humane correctional

systems that will promote the reformation of offenders

and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and

other

institutions

with

rehabilitation

programs

constitutes an onerous drain on the financial resources of

the country; and

WHEREAS, there is a need to provide a less costly

alternative to the imprisonment of offenders who are

likely to respond to individualized, community-based

treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers vested in me by

the

Constitution,

do

hereby

order

and

decree

the

following:

Section 1. Title and Scope of the Decree. This Decree shall

be known as the Probation Law of 1976. It shall apply to all

offenders except those entitled to the benefits under the

provisions of Presidential Decree numbered Six Hundred

and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as

to:

(a)

promote

the

correction

and rehabilitation of an

offender by providing him with individualized treatment;

(b) provide an opportunity for the reformation of a

penitent offender which might be less probable if he

were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the

following shall, unless the context otherwise requires, be

construed thus:

(a) "Probation" is 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.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the

court a referral for probation or supervises a probationer

or both.

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 re-raffled. In a case involving several

defendants where some have taken further appeal, the

other defendants may apply for probation by submitting

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