Practice question
An applicant avoids all stated disqualifications and argues that the court must grant probation without any investigation of the statutory suitability factors. Which is sound?
- Every eligible applicant automatically receives probation.
- Investigation is forbidden whenever the sentence is probationable.
- Only the applicant may determine suitability.
- Eligibility alone does not dispense with the required investigation and court determination.
- The application itself conclusively proves the public interest.
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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