Title
Amendment Expanding Probation Law Coverage
Law
Batas Pambansa Blg. 76
Decision Date
Jun 13, 1980
The expansion of the Probation Law in the Philippines disqualifies certain offenders, such as those sentenced to more than six years and one day in prison or convicted of offenses against the security of the state, from receiving probation, while allowing individuals with shorter sentences to apply for rehabilitation and reintegration into society.

Questions (BATAS PAMBANSA BLG. 76)

It amends Presidential Decree No. 968 (as amended) to expand the coverage of the Probation Law of 1976.

Section 9 of PD 968 is amended. Section 9 concerns “Disqualified Offenders” and the persons not entitled to probation benefits.

A sentence with a maximum term of imprisonment of not more than six years and one day.

Those “sentenced to serve a maximum term of imprisonment of more than six years and one day.”

Yes. Under Section 9(b), those convicted of any offense against the security of the State are disqualified.

Those previously 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 are disqualified.

They are disqualified; those who have been once on probation under the provisions of the Decree cannot avail of the benefits again.

It provides that notwithstanding the Probation Law of 1976, any person sentenced to a maximum penalty of six years and one day on January 3, 1978 and thereafter may be placed on probation upon application with the court of origin.

January 3, 1978 and thereafter.

With the court of origin.

He remains in jail pending the approval of his application.

Yes. The special provision states that any person sentenced to a maximum penalty of six years and one day on January 3, 1978 and thereafter may be placed on probation upon application.

They are disqualified under Section 9(a), as amended—probation benefits are not extended to those with a maximum term of imprisonment of more than six years and one day.

Convictions against the security of the State (Section 9(b)) and certain types of prior convictions by final judgment meeting the stated imprisonment/fine ranges (Section 9(c)).

It shall take effect upon its approval.


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