QuestionsQuestions (Republic Act No. 663)
It seeks to prevent probation from being used as an “escape hatch” that delays justice, and to address the practice of defendants appealing to the Supreme Court before applying for probation after conviction is final.
Section 4 of PD No. 963 was amended. The key change is that no probation application may be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
The trial court may grant probation after conviction and sentence upon application by the defendant within the period for perfecting an appeal.
No application for probation shall be entertained or granted if the defendant has perfected the appeal.
Before. The defendant must file the probation application within the period for perfecting an appeal; once the appeal is perfected, probation application is barred.
The filing of the application is deemed a waiver of the right to appeal.
No. An order granting or denying probation is not appealable.
Yes. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
Section 9 of Presidential Decree No. 968 was amended (disqualified offenders).
The benefits are not extended to those sentenced to serve a maximum term of imprisonment of more than six years.
Those convicted of subversion or any crime against national security or the public order.
Those 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 are excluded.
Those who have been once on probation under the provisions of the decree are disqualified.
Those who are already serving sentence at the time the substantive provisions of the decree became applicable are disqualified.
No. Section 3 states that the amended provisions of Section 4 shall not apply to those who have already filed their probation applications at the time of effectivity of the decree.
It may suspend execution of the sentence and place the defendant on probation for a period and on terms and conditions the court deems best, subject to the decree’s provisions.
It must be filed within the period for perfecting an appeal.
After fifteen (15) days following its publication in the Official Gazette.
An order granting or denying probation is not appealable.