Amendment to Probation Law of 1976

The decree addresses the problem that convicted persons who may be entitled to probation still appeal the judgment of conviction even up to the Supreme Court, then pursue probation only after the appeal is dismissed.
The decree recognizes that the investigation, prosecution, conviction, and appeal process entails too much time, effort, and huge expenses of litigation for the State.
The decree declares that the Government’s time, effort, and expenses are often rendered nugatory when, after appellate affirmation of conviction, the defendant applies for and is granted probation.
The decree states that probation was not intended as an escape hatch and should not be used to obstruct and delay the administration of justice.
The decree states that probation should be availed of at the first opportunity by offenders willing to be reformed and rehabilitated.

Section 1 amends Section 4 of Presidential Decree No. 963 to provide that, subject to the provisions of the Decree, the trial court may after conviction and sentence suspend execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it deems best.
The trial court act is conditioned on a defendant’s application within the period for perfecting an appeal.
The decree requires that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
The decree provides that probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The decree requires that an application for probation be filed with the trial court.
The decree provides that filing of the application constitutes a waiver of the right to appeal.
The decree makes an order granting or denying probation not appealable.

Section 2 amends Section 9 of Presidential Decree No. 968 by listing categories whose eligibility is excluded.
The decree denies probation benefits to those sentenced to serve a maximum term of imprisonment of more than six years.
The decree denies probation benefits to those convicted of subversion or any crime against the national security or the public order.
The decree denies probation benefits to 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.
The decree denies probation benefits to those who have been once on probation under the provisions of this Decree.
The decree denies probation benefits to those who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.

Section 3 provides that the amended rule in Section 4 of Presidential Decree No. 968 does not apply to persons who have already filed their respective applications for probation at the time of the effectivity of this Decree.

Section 4 repeals, amends, or modifies all laws, decrees, executive or administrative orders, rules and regulations, or parts thereof, that are inconsistent with Presidential Decree No. 1990.

The decree is signed by FERDINAND E. MARCOS as President of the Philippines.
JUAN C. TUVERA, Presidential Executive Assistant, countersigns the decree.
The decree is marked DONE in the City of Manila on the 5th day of October in the year of Our Lord, nineteen hundred and eighty-five.