This web
page features the full text ofMEMORANDUM
CIRCULAR NO. 2.[1978]
MEMORANDUM
CIRCULAR NO. 2 [1978]
TO: ALL
MUNICIPAL JUDGES
SUBJECT : IMPLEMENTATION
OF PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE PROBATION DECREE
OF 1976.
In connection
with
the implementation of Presidential Decree No. 968 [Probation Decree],
the
attention of this Court was called to the absence of fiscals from a
majority
of the Municipal Courts. Upon the other hand, Section 1 of Presidential
Decree No. 1257, amending Section 4 of Presidential Decree No. 968
requires
that "The prosecuting officer concerned shall be notified by the Court
of the filing of the application for probation and he may submit his
comment
on such application within ten (10) days from receipt of the
notification."
In view thereof,
and in the interest of the administration of justice, all Judges of the
Municipal Courts wherein no fiscals are assigned are hereby directed to
notify the "prosecuting officer" who is usually the Station Commander
of
the Integrated National Police [INP], in the locality, who may submit
the
required comment on the application for probation within the period
prescribed
by law.
Strict compliance
herewith is hereby enjoined.
March 1, 1978.
[Sgd.]
FRED
RUIZ CASTROChief
Justice
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