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Presidential Decree No. 968 (Probation Law of 1976) ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. |
WHEREAS,
the time, effort and expenses of the Government in investigating and
prosecuting
accused persons from the lower courts up to the Supreme Court, are
oftentimes
rendered nugatory when, after the appellate Court finally affirms the
judgment
of conviction, the defendant applies for and is granted probation;
WHEREAS,
probation was not intended as an escape hatch and should not be used to
obstruct and delay the administration of justice, but should be availed
of at the first opportunity by offenders who are willing to be reformed
and rehabilitated;
WHEREAS,
it becomes imperative to remedy the problems abovementioned confronting
our probation system.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested in me by the Constitution, do hereby decree:
Section
1. Section 4 of Presidential
Decree No. 968 is hereby amended to read as follows:
"Sec.
4. Grant of Probation. — Subject
to the provisions of this Decree, the trial court may, after it shall
have
convicted and sentenced a defendant, and upon application by said
defendant
within the period for perfecting an appeal, suspend the execution of
the
sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best; Provided, That no
application
for probation shall be entertained or granted if the defendant has
perfected
the appeal from the judgment of conviction.
"Probation
may be granted whether the sentence imposes a term of imprisonment or a
fine only. An application for probation shall be filed with the trial
court.
The filing of the application shall be deemed a waiver of the right to
appeal.
"An
order granting or denying probation shall not be appealable."
Sec.
2. Section 9 of Presidential
Decree No. 968 is hereby amended to read as follows:
"Sec.
9. Disqualified Offenders. —
The benefits of this Decree shall not be extended to those:
(a) sentenced
to serve a maximum term of imprisonment of more than six years;
(b) convicted
of subversion or any crime against the national security or the public
order;
(c) who
have previously been convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of
not less than Two Hundred Pesos.
(d) who
have been once on probation under the provisions of this Decree;
and
(e) who
are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof."
Sec.
3. The provisions of Section
4 of Presidential Decree No. 968, as above amended, shall not apply to
those who have already filed their respective applications for
probation
at the time of the effectivity of this Decree.
Sec.
4. All laws, decrees, executive
or administrative orders, rules and regulations, or parts thereof,
inconsistent
with this Decree, are hereby repealed, amended or modified
accordingly.
Sec.
5. This Decree shall take effect
after fifteen (15) days following its publication in the Official
Gazette.
DONE in the City of Manila, this 5th day of October, in the year of Our Lord, nineteen hundred and eighty-five..chan robles virtual law library
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