Article 50Act No. 3815, Sec./Art. 50

Penalty to be imposed upon principals of a frustrated crime.-The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

a written application and attaching thereto a certified

true copy of the judgment of conviction.

The trial court shall, upon receipt of the application filed,

suspend the execution of the sentence imposed in the

judgment.

This notwithstanding, the accused shall lose the benefit

of probation should he seek a review of the modified

decision which already imposes a probationable penalty.

Probation

may

be

granted

whether

the

sentence

imposes a term of imprisonment or a fine only. The filing

of the application shall be deemed a waiver of the right to

appeal.

An order granting or denying probation shall not be

appealable.

(as amended by PD No 1257, PD No 1990, RA No 10707)

Section 5. Post-sentence Investigation. No person shall

be placed on probation except upon prior investigation

by the probation officer and a determination by the court

that the ends of justice and the best interest of the public

as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation

report to be submitted by the probation officer under

Section 5 hereof shall be in the form prescribed by the

Probation Administrator and approved by the Secretary

of Justice.

Section 7. Period for Submission of Investigation Report.

The probation officer shall submit to the court the

investigation report on a defendant not later than sixty

days from receipt of the order of said court to conduct

the investigation. The court shall resolve the application

for probation not later than fifteen days after receipts of

said report. (as amended by PD No 1257)

Pending submission of the investigation report and the

resolution of the petition, the defendant may be allowed

on temporary liberty under his bail filed in the criminal

case; Provided, That, in case where no bail was filed or

that the defendant is incapable of filing one, the court

may allow the release of the defendant on recognize the

custody of a responsible member of the community who

shall guarantee his appearance whenever required by the

court.

Section 8. Criteria for Placing an Offender on Probation.

In determining whether an offender may be placed on

probation, the court shall consider all information relative,

to the character, antecedents, environment, mental and

physical

condition

of

the

offender,

and

available

institutional and community resources. Probation shall be

denied if the court finds that:

(a) the offender is in need of correctional treatment that

can be provided most effectively by his commitment to

an institution; or

(b) there is undue risk that during the period of probation

the offender will commit another crime; or

(c)

probation

will

depreciate

the seriousness of the

offense committed.

Section 9. Disqualified Offenders. The benefits of this

Decree shall not be extended to those:

a. sentenced to serve a maximum term of imprisonment

of more than six (6) years;

b. convicted of any crime against the national security;

c. who have previously been convicted by final judgment

of an offense punished by imprisonment of more than six

(6) months and one (1) day and/or a fine of more than one

thousand pesos (P1,000.00);

d. who have been once on probation under the provisions

of this Decree; and

e. who are already serving sentence at the time the

substantive provisions of this Decree became applicable

pursuant to Section 33 hereof

(as amended by Batas Pambansa Blg. 76, [June 13,

1980], Presidential Decree No. 1990, [October 5, 1985],

RA No 10707, November 26, 2015)

Section 10. Conditions of Probation. Every probation

order

issued

by

the

court

shall

contain

conditions

requiring that the probationer shall:

(a) present himself to the probation officer designated to

undertake his supervision at such place as may be

specified in the order within seventy-two hours from

receipt of said order;

(b) report to the probation officer at least once a month

at such time and place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to

change

said

employment

without

the

prior

written

approval of the probation officer;

(d)

undergo

medical,

psychological

or

psychiatric

examination and treatment and enter and remain in a

specified institution, when required for that purpose;

(e)

pursue

a

prescribed

secular study or vocational

training;

(f) attend or reside in a facility established for instruction,

recreation or residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h)

abstain

from

drinking

intoxicating

beverages

to

excess;

(i) permit to probation officer or an authorized social

worker to visit his home and place or work;

(j) reside at premises approved by it and not to change

his residence without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation

of the defendant and not unduly restrictive of his liberty

or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation

order shall take effect upon its issuance, at which time

the court shall inform the offender of the consequences

thereof and explain that upon his failure to comply with

any of the conditions prescribed in the said order or his

commission of another offense, he shall serve the penalty

imposed for the offense under which he was placed on

probation.

Section

12.

Modification

of

Condition

of

Probation.

During the period of probation, the court may, upon

application of either the probationer or the probation

officer, revise or modify the conditions or period of

probation. The court shall notify either the probationer or

the probation officer of the filing such an application so

as to give both parties an opportunity to be heard

thereon.

The court shall inform in writing the probation officer and

the probationer of any change in the period or conditions

of probation.

Section 13. Control and Supervision of Probationer. The

probationer and his probation program shall be under

the control of the court who placed him on probation

subject to actual supervision and visitation by a probation

officer.

Whenever a probationer is permitted to reside in a place

under the jurisdiction of another court, control over him

shall be transferred to the Executive Judge of the Court of

First Instance of that place, and in such a case, a copy of

the probation order, the investigation report and other

pertinent records shall be furnished said Executive Judge.

Thereafter, the Executive Judge to whom jurisdiction over

the probationer is transferred shall have the power with

respect to him that was previously possessed by the court

which granted the probation.

Section 14. Period of Probation.

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