Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1990)
The main purpose of Presidential Decree No. 1990 is to amend Presidential Decree No. 968 (the Probation Law of 1976) to address issues related to probation applications, particularly to prevent delay and obstruction in the administration of justice by requiring probation application within the period for perfecting an appeal and prohibiting probation if an appeal has already been perfected.
A defendant may apply for probation after being convicted and sentenced by the trial court, but the application must be made within the period for perfecting an appeal and before the defendant has perfected the appeal from the judgment of conviction.
No, under Presidential Decree No. 1990, no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. Filing an application for probation is deemed a waiver of the right to appeal.
No, an order granting or denying probation shall not be appealable according to the amended PD No. 968 provisions as amended by PD No. 1990.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
Disqualified offenders include: those sentenced to serve a maximum term of imprisonment of more than six years; convicted of subversion or crimes against national security or public order; those previously convicted by final judgment of an offense punished by imprisonment of at least one month and one day and/or a fine of not less than Two Hundred Pesos; those who have been once on probation under the decree; and those already serving sentence when the decree became applicable.
It means that once a defendant files for probation, they voluntarily relinquish or give up their legal right to appeal the conviction or sentence.
No, defendants convicted of subversion or any crime against national security or public order are disqualified from availing of probation.
No, the provisions of Section 4 of PD No. 968 as amended shall not apply to those who have already filed their respective applications for probation at the time of the effectivity of PD No. 1990.
The decree took effect fifteen (15) days after its publication in the Official Gazette.