SUPERVISORY
CIRCULAR NO. 23 [1977]
TO:
THE
COURT OF APPEALS, COURTS OF FIRST INSTANCE, CIRCUIT CRIMINAL COURTS,
JUVENILE
AND DOMESTIC RELATIONS COURTS AND CITY AND MUNICIPAL COURTS.
SUBJECT:
PRESIDENTIAL DECREE NO. 1257.
For your information
and guidance, We are quoting hereunder the complete text of
Presidential
Decree No. 1257 dated December 1, 1977, to wit:chanroblesvirtuallawlibrary
"MALACAÑANGManila"PRESIDENTIAL
DECREE NO. 1257.
AMENDING
CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED AND
SIXTY-EIGHT,
OTHERWISE KNOW AS THE PROBATION LAW OF 1976.
"WHEREAS, the need
to strengthen certain provisions of Presidential Decree No. 968,
otherwise
known as the Probation Law of 1976, has surfaced in the
nationwide
seminars which introduced said law to judges, fiscals and private law
practitioners;
"WHEREAS, meeting
such need would better ensure the achievement of its laudible
objectives;
"NOW, THEREFORE,
I, FERDINAND E. MARCOS, President of the Republic of the Philippines,
by
virtue of the powers in me vested by the Constitution, do hereby order
and decree as follows
"SECTION 1. Section
4 of Presidential Decree No. 968, otherwise known as the Probation Law
of 1976, is hereby amended to read as follows:chanroblesvirtuallawlibrary
"'SECTION
4.
Grant of Probation. - Subject to the provision of this Decree, the
court may, after it shall have convicted and sentenced a defendant but
before he begins to serve his sentence and upon his application,
suspend
the execution of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best.
"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 days from receipt of the notification.
"Probation
may be
granted whether the sentence imposes a term of imprisonment of a fine
with
subsidiary imprisonment in case of insolvency. An application for
probation
shall be filed with the trial court, with notice to the appellate
court,
if an appeal has been taken from the sentence of conviction. The filing
of the application shall be deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending appeal. In the latter case,
however,
if the application is filed on or after the date of the judgment of the
appellate court, said application shall be acted upon by the trial
court
on the basis of the judgment of the appellate court.cralaw:red
"An order
granting
or denying probation shall not be appealable.'
"SECTION 2. The first
paragraph of Section 7 of the same Decree is hereby amended to read as
follows:chanroblesvirtuallawlibrary
"'Section
7. Period
for Submission of Investigation Report. - The probation officer
shall
submit to the Court the investigation report on a defendant not later
than
sixty days from receipt of the order of said court to conduct the
investigation.
The Court shall resolve the application for probation not later than
fifteen
days after receipt of said report.'
"SECTION 3. Section
15 of the same Decree is hereby amended to read as follows:chanroblesvirtuallawlibrary
"'Section
15. Arrest
of Probationer, Subsequent Disposition. - As any time during
probation,
the court may issue a warrant for the arrest of a probationer for any
serious
violation of the conditions of probation. The probationer, once
arrested
and detained, shall immediately be brought before the Court for a
hearing
of the violation charged. The defendant may be admitted to bail pending
such hearing. In such case, the provisions regarding release on bail or
persons charged with a crime shall be applicable to probationers
arrested
under this provision.
'In the
hearing,
which shall be summary in nature, the probationer shall have the right
to be informed of the violation charged and to adduce evidence in his
favor.
The Court shall not be bound by the technical rules of evidence but may
inform itself of all the facts which are material and relevant to
ascertain
the veracity of the charge. The State shall be represented by a
prosecuting
officer in any contested hearing. If the violation is established, the
Court may revoke or continue his probation and modify the conditions
thereof.
If revoked, the Court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant or probation or
modifying
the terms and conditions thereof shall not be appealable.'
"SECTION 4. Section
33 of the same Decree is hereby amended to read as follows:chanroblesvirtuallawlibrary
"Section
33. Effectivity.
- This Decree shall take effect upon its approval: Provided,
however,
That the application of its substantive provisions concerning the grant
of probation shall only take effect on January 3, 1978.'
"SECTION 5. This
Decree shall take effect immediately
"Done in the City
of Manila, this 1st day of December in the year of our Lord, nineteen
hundred
and seventy seven.
"[Sgd.]
FERDINAND E. MARCOS
"President
of the Philippines
"By the
President:chanroblesvirtuallawlibrary
"[Sgd.]
JACOBO
C. CLAVE
"Presidential
Executive Assistant"
Manila,
December 8,
1977.
[Sgd.]
RICARDO
C. PUNOActing
Judicial Consultant
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