Philippine Bar review · Question

Practice question: Probation (PD 968, as amended by RA 10707)

Multiple Choice Hard

Practice question

A probationer is arrested for an alleged violation and immediately returned to prison to serve the original sentence without the required court hearing. Officials say the allegation alone automatically revokes probation. Which is correct?
  1. Section 15 requires bringing the probationer before the court for the specified hearing and determination.
  2. Every accusation conclusively proves the violation.
  3. The probation officer alone always imposes final revocation without court action.
  4. A hearing is expressly forbidden.
  5. Arrest itself is an automatic final revocation order.

Legal references

  • PD 968, Sections 5, 10, 12 and 15 (cited unchanged provisions): https://lawphil.net/statutes/presdecs/pd1976/pd_968_1976.html
  • RA 10707, amending the Probation Law, especially current grant and discharge provisions: https://lawphil.net/statutes/repacts/ra2015/ra_10707_2015.html

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