Question & AnswerQ&A (BATAS PAMBANSA BLG. 76)
The main purpose of Batas Pambansa Blg. 76 is to amend Presidential Decree No. 968, as amended, the Probation Law of 1976, by expanding its coverage.
Section 9 of Presidential Decree No. 968, as amended by Presidential Decree No. 1257, is further amended.
Disqualified offenders include persons: (a) sentenced to serve a maximum term of imprisonment of more than six years and one day; (b) convicted of any offense against the security of the State; (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 more than Two Hundred Pesos; and (d) who have once been on probation under this Decree.
The person must be sentenced to a maximum term of imprisonment not exceeding six years and one day to qualify for probation.
No, persons convicted of offenses against the security of the State are disqualified from availing of probation.
Persons with prior convictions by final judgment of such offenses are disqualified from availing of probation under this Decree.
No, persons who have once been on probation under the provisions of this Decree are disqualified from probation again.
Persons sentenced on January 3, 1978 and thereafter may apply for probation with the court of origin.
Such a person shall remain in jail pending the approval of his application for probation.
The Act took effect upon its approval on June 13, 1980.