Comments And/Or Opposition: Municipal Trial Court in Cities

Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Plaintiff,
-versus- -for-
RONNEL “ESTAFA”
Accused.
x-----------------------------------------/
COMMENTS AND/OR OPPOSITION

TO THE RECOMMENDATION OF THE PAROLE AND PROBATION OFFICER
THE ACCUSED, through the undersigned counsel, unto this Honorable Court
most respectfully manifests THAT:
1. On 22 April 2021, the City Parole and Probation Office of Dipolog City
submitted its Post Sentence Investigation Report recommending the denial
of the Application for Probation of the accused;
2. That on 05 May 2021, this Honorable Court issued an Order to the defense
to file its comments and/or opposition to the aforementioned
recommendation of the probation officer;
3. Section 8 of the Probation Law states that "in determining whether an

offender may be placed on probation, the court where the application is
filed shall consider all information relative to the character, antecedents,
environment, mental and physical condition of the offender, and available
institutional and community resources. Hence, probation shall be denied if
said court finds that: (a) the offender is in need of correctional treatment
that can be provided most effectively by his commitment to an institution;
(b) there is an undue risk that during the period of probation the offender
will commit another crime; or (c) probation will depreciate the seriousness
of the crime committed.
4. The recommendation of the probation officer to deny the application of the

accused is for the reason that the offender is in need of correctional
treatment that can be provided most effectively by his commitment to an
1
institution. Furthermore, the PSIR submitted to court mentioned that
barangay officials object to the probation of the accused as it will clearly
depreciate the seriousness of the crime committed;
5. Be it noted that the accused entered a voluntary plea of guilty to this

instant case. Probation is a special privilege granted by the state to penitent
qualified offenders who immediately admit their liability and thus renounce
their right to appeal. In view of the acceptance of their fate and willingness
to be reformed, the state affords them a chance to avoid the stigma of an
incarceration record by making them undergo rehabilitation outside of
prison. Some of the major purposes of the law are to help offenders
develop themselves into law-abiding and self-respecting individuals, as well
as assist them in their reintegration with the community. 1
6. However, it is settled that the grant of probation is discretionary upon the

court, and in exercising such discretion, it must consider the potentiality of
the offender to reform, together with the demands of justice and public
interest, along with other relevant circumstances. It should not limit the
basis of its decision to the report or recommendation of the probation
officer, which is at best only persuasive.2
7. The primary objective in granting probation is the reformation of the

probationer. For this purpose, courts must be meticulous enough to ensure
that the ends of justice and the best interest of the public, as well as the
accused, be served by the grant of probation.3
8. Moreover, the accused is not a disqualified offender under the Probation

Law and that there is a possibility that he can be reformed outside of a
correctional institution. Other than the negative barangay blotters filed
against him, there is no showing that petitioner is physically or medically
unfit to be reformed outside of a correctional institution, and that his
confinement in jail is not the only way for him to be remorseful of what he
had done in the past. The opinion of the probation officer that the accused
is incorrigible can be easily mitigated imposition of various conditions to his
probation, violations of which would cause the revocation thereof;
9. Finally, it must be emphasized that the underlying philosophy of probation

is one of liberality towards the accused. Such philosophy is not served by a
harsh and stringent interpretation of the statutory provisions. Verily, the
Probation Law should be applied in favor of the accused not because it is a
criminal law, but to achieve its beneficent purpose.4
1
Villareal v. People, 749 Phil. 16, 49 (2014)
2
Santos v. CA, 377 Phil. 642, 652 (1999), citing Bernardo v. Balagot, 290 Phil. 1, 8 (1992)
3
Santos v. CA, id., citing Salgado v. CA, 267 Phil. 352, 361 (1990)
4
Colinares v. People, 678 Phil. 482, 499-500 (2011);
2
10.As such, the defense now seeks the admission of the foregoing comment as
this carries out significant and meritorious justifications on why the pending
Application for Probation of the accused be granted;
WHEREFORE, in view of the foregoing, it is most respectfully prayed of this

Honorable Court that this comment and/or opposition be admitted and
considered, and that the application for probation of the accused be granted.
Other reliefs just and equitable under the circumstances are likewise
prayed for.

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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

COMMENTS AND/OR OPPOSITION

3. Section 8 of the Probation Law states that "in determining whether an

4. The recommendation of the probation officer to deny the application of the

5. Be it noted that the accused entered a voluntary plea of guilty to this

6. However, it is settled that the grant of probation is discretionary upon the

7. The primary objective in granting probation is the reformation of the

8. Moreover, the accused is not a disqualified offender under the Probation

9. Finally, it must be emphasized that the underlying philosophy of probation

WHEREFORE, in view of the foregoing, it is most respectfully prayed of this

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