REPUBLIC ACT No. 6036 is one law that helps decongest the Philippine jails.
Sec. 1 thereof provides that “bail shall not be required of a person charged with violation of a municipal or city ordinance, a light felony and/or a criminal offense the prescribed penalty for which is not higher than six months imprisonment and/or a fine of two thousand pesos, or both, where said person has established to the satisfaction of the court or any other appropriate authority hearing his case that he is unable to post the required cash or bail bond”. The exceptions are:
(a) When he is caught committing the offense in flagranti;
(b) When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn statement or in open court as having been extracted through force or intimidation;
(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;
(d) When he is found to have previously violated the provisions of Section 2 hereof;
(e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense to which the law or ordinance attaches an equal or greater penalty or for two or more offenses to which it attaches a lighter penalty;
(f) When he commits the offense while on parole or under conditional pardon; and
(g) When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city ordinance for at least two times.
Section 2 of the said law provides that “instead of bail, the person charged … shall be required to sign in the presence of two witnesses of good standing in the community a sworn statement binding himself, pending final decision of his case, to report to the Clerk of the Court hearing his case periodically every two weeks”.
The Court may, in its discretion and with the consent of the person charged, require further “that he be placed under the custody and subject to the authority of a responsible citizen in the community who may be willing to accept the responsibility”.
In such a case, the affidavit of the accused shall “include a statement of the person charged that he binds himself to accept the authority of the citizen so appointed by the Court”.
REPUBLIC ACT No. 6127 is another law that helps decongest the Philippine jails.
Section 1 thereof amends Article 29 of the Revised Penal Code to read as follows:
"Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily;
"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment."
Probation is, of course, a very important legal instrument that contributes to the decongestion of Philippine jails.
PRESIDENTIAL DECREE No. 968 July 24, 1976 is the Philippine Probation Law of 1976.
Subject to the provisions of the Decree, the trial court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction.
The filing of the application shall be deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
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.
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 recognizance under the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.
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.
The benefits of the Probation Law shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years and one day;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(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.
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.
The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and in all other cases, said period shall not exceed six years. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal Code, as amended.
At any time during probation, the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing. If the violation is established, the court may revoke or continue his probation and modify the 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.
After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.
The investigation report and the supervision history of a probationer obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned, except that the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer make such disclosure desirable or helpful: Provided, Further, That, any government office or agency engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use from the proper court or the Administration.
By:
Atty. Manuel J. Laserna Jr.
