Daily Serving of Legal Matters

Question:  May record ba sa NBI or sa Police pagkatapos ng hearing sa Illegal Gambling? Answer:  Depende po sa sitwasyon. If after the hearing in Illegal Gambling case the accused was found to be "not guilty" or acquitted from the charge, no record whatsoever shall reflect on his/her records in the National Bureau of Investigation or NBI. However, if the accused was found to be "GUILTY" or convicted, he/she has two (2) options. One, the accused may apply for a PROBATION if he/she is eligible. After the accused has successfully finished his/her PROBATION, he/she shall have NO RECORD in the NBI. Two, if the accused is not eligible for PROBATION or did not apply for a PROBATION, he/she may serve the sentence.  Kung ano po ang sentence, dapat niyang i serve.  If fine, bayaran niya ng buo.  Kung imprisonment, he/she may serve the prison term. In this case, the accused may have a RECORD in the NBI. Thank you.

As defined,  probation  is a disposition under which a defendant, after conviction and sentence, is  released  subject to conditions imposed by the court and to the supervision of a probation officer. The Parole and Probation Administration has defined  probation  as a  privilege  granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison/jail. As defined, a probation is just a privilege and not as a matter of right.  It shall only be granted after conviction and sentence.  There is no probation when the accused/defendant has not been convicted yet. Google defines conviction as a formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge in a court of law.  In the Philippines, it is only a judge of a court of law promulgates the decision. What are the advantages of  probation ? ...