Overview

“Withdrawal of Probation” appears in Philippine practice in two very different settings:

Usage	What is being withdrawn?	When it happens	Governing provision
*Withdrawal of an application* for probation**	The convicted accused retracts the application before the trial court issues a final order granting (or denying) probation.	Between promulgation of judgment and the court’s final action on the application — ordinarily still within the 15-day period for perfecting an appeal.	§ 4, P.D. 968 as successively amended (most recently by R.A. 10707, 2016)
*Withdrawal of the privilege* of probation (i.e., revocation)**	The court cancels an existing probation order because the probationer violates conditions or commits another offense.	Any time during the probation period, upon motion of the probation officer or the prosecution and after summary hearing.	§ 15, P.D. 968 (unchanged by R.A. 10707)

Although lawyers and even some judges loosely say “withdraw probation,” it is crucial to keep the two apart because the procedural rules, remedies, and consequences are not the same.

1. Statutory Framework

P.D. 968 (Probation Law of 1976) — created probation, fixed a 15-day window from promulgation of judgment in which the accused can either appeal or apply for probation. Filing the application is a waiver of appeal.
P.D. 1990 (1985) — tightened the waiver rule: once an application is filed, a later notice of appeal is automatically withdrawn.
R.A. 10707 (2016) — rewrote § 4. Key points:
- The application may now be filed “at any time before the defendant starts to serve sentence,” not merely within 15 days — but only if no appeal has been perfected.*
- If a non-probationable penalty is modified on appeal to a probationable one, the accused gets one fresh 15-day period (from receipt of the modified decision) to apply.
- Appeal and probation remain mutually exclusive; filing the application still “shall be deemed a waiver of the right to appeal.”

2. Withdrawal of an Application for Probation

2.1 When is withdrawal legally possible?

Before final action on the application by the trial court (order granting or denying probation).
Before the judgment of conviction is final and executory — because once the sentence is being served, probation is jurisdictionally barred.
If the application was based on a modified appellate decision, it can likewise be withdrawn any time before the new 15-day window lapses.

2.2 Controlling jurisprudence

Case

Core doctrine

Yusi v. Morales, G.R. L-61958, 28 Apr 1983 — spouses convicted of estafa applied for probation but, still within the 15-day period, tried to appeal instead. The trial court refused to entertain the appeal, citing the waiver rule. The Supreme Court allowed the withdrawal of the application, emphasising the liberal, reformative purpose of probation and the need for informed consent.

Cal v. CA, G.R. 114343, 28 Dec 1995 — the accused applied for probation, then later alleged coercion and sought to appeal. After full hearing the trial court found the application voluntary and denied withdrawal. The Supreme Court sustained the denial, stressing that once the court is satisfied the accused knowingly waived appeal, probation and appeal are “irrevocably incompatible.”

Take-away: Withdrawal is discretionary. The court will grant it when fairness so requires (e.g., Yusi’s improvident filing without counsel), but will refuse if the accused was competently advised (Cal). Factors courts look at:

presence and quality of counsel when the application was filed;
whether the probation officer has already completed the Post-Sentence Investigation (PSI);
delay or dilatory intent;
prejudice to the prosecution or to probation administration.

2.3 Procedure to withdraw

File a “Motion to Withdraw Application for Probation.” No fees.
Serve on the prosecution; the prosecutor may comment.
Summary hearing — the judge will ascertain voluntariness, explain consequences, and resolve immediately because the basic sentence is still in limbo.
If granted:
- The waiver of appeal is set aside.
- Execution of sentence resumes unless the accused perfects an appeal within the remainder of the original 15-day period (or within the balance of the fresh 15-day period under R.A. 10707 if the withdrawal follows a modified appellate decision).
If denied: the application proceeds to PSI and eventual resolution; the accused loses the right to appeal.

Practice tip: Several trial courts (and the Parole & Probation Administration) now insist that any motion to withdraw must be filed within the same 15-day appeal period; outside that, they treat the application as “submitted for resolution” and therefore not withdrawable. Practitioner commentaries echo that view.

3. Revocation (Withdrawal of the Privilege)

Once probation is granted, it can no longer be “withdrawn” at the option of the probationer. The only ways out are:

Early termination under § 16 (good-performance discharge); or
Revocation under § 15 for violation of conditions or commission of a new offense.

3.1 Grounds for revocation

Positive drug tests, failure to report, non-payment of civil liabilities, leaving jurisdiction without permission, etc.
Commission of another offense punishable by imprisonment of >30 days.
Any act specifically prohibited by the conditions imposed in the probation order.

3.2 Revocation procedure

Step	Statutory basis & notes
1. Report & charge by the probation officer (or fiscal) to the issuing court	§ 14 (control of court)
2. Non-bailable arrest warrant may issue	§ 15, ¶ 1
3. Summary hearing; probationer has right to counsel and to present evidence	§ 15, ¶ 2
4. Order of revocation or modification	Not appealable (same finality rule as grant/denial); remedy is certiorari on grave-abuse grounds

Upon revocation the probationer serves the original sentence, less actual detention during the revocation proceedings; time spent under supervision is not credited. Subsequent re-application is statutorily barred (§ 9 [d]).

4. Interaction with Appeals after R.A. 10707

If the Court of Appeals lowers the penalty to ≤6 years or to a fine-only penalty, the accused has a new single chance to apply for probation in the trial court within 15 days.
Filing that application “shall be deemed a waiver of the right to further appeal” — i.e., the case stops at the CA; the Supreme Court loses jurisdiction.
If the accused continues the appeal to the Supreme Court, probation is forever barred. Recent SC decisions (e.g., Herrera v. People, 2023) apply the rule rigidly. (lawphil.net)

5. Practical Checklist for Counsel

Explain the waiver rule in writing when advising a client to apply.
File a very prompt motion to withdraw if the client re-considers — ideally well before the PSI is finished.
When advising on plea-bargaining (especially in drugs cases), compute in advance whether the anticipated penalty will be probationable and whether an application might later need to be withdrawn if the plea deal falls through.
Remember special laws: juveniles (R.A. 9344), first-offense use under R.A. 9165 § 15, and antiterror legislation each have their own probation quirks.
After probation is granted, coach the client on strict compliance; revocation is easier (summary hearing, preponderance standard) than criminal conviction.

6. Common Misconceptions

Myth	Reality
“You can withdraw a probation order any time you like and just serve jail time instead.”	False. Only the court can revoke; the probationer cannot simply opt out.
“Filing a notice of appeal automatically withdraws a pending probation application.”	Partly true. Under § 4 the application itself is deemed a waiver of appeal; but a subsequent appeal does not necessarily nullify the earlier application unless the court approves the withdrawal (Yusi).
“R.A. 10707 abolished the waiver rule.”	False. It only relaxed timing and added the ‘modified-decision’ scenario; the waiver of appeal remains intact.

Conclusion

“Withdrawal of probation” in Philippine law is a narrow, highly procedural device: before an order is issued the accused may, with the court’s leave, retract a probation application; after an order is issued, only the court—never the probationer—can withdraw the privilege through revocation. Mastery of the timing rules, waiver doctrine, and leading cases Yusi v. Morales and Cal v. CA remains indispensable for criminal practitioners navigating this uniquely Filipino interplay of rehabilitative grace and appellate remedies.