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PRESIDENTIAL DECREE NO. 1257
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PRESIDENTIAL DECREE NO. 1257 -
AMENDING CERTAIN SectionS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED
AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
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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;chanroblesvirtualawlibrary
WHEREAS, meeting such need would better ensure the achievement of its
laudable objectives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as follows:cralaw:red
Section 1. Section 4 of Presidential Decree No. 968,
otherwise known as the Probation Law of 1976, is hereby amended to read
as follows:cralaw:red
"Sec. 4. Grant of Probation. — Subject to the
provisions 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 impose a term of
imprisonment or a fine with subsidiary imprisonment in case of
insolvency. An application for probation shall be filed with 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.
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:cralaw:red
"Sec. 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 receipts of said report."
Section 3. Section 15 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"Sec. 15. Arrest and Probationer; Subsequent
Disposition. — At 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 of
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 conditions thereof. If revoked, the
court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of 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:cralaw:red
"Sec. 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.
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