Title
Amendment to Probation Law of 1976
Law
Presidential Decree No. 1990
Decision Date
Oct 5, 1985
Presidential Decree No. 1990 amends the Probation Law of 1976 to prevent individuals from using probation as a delay tactic in the administration of justice, setting criteria for disqualified offenders who are not eligible for probation.

Law Summary

Disqualified Offenders from Probation Benefits

  • Individuals sentenced to a maximum imprisonment term exceeding six years are disqualified.
  • Persons convicted of subversion, crimes against national security, or public order offenses are ineligible.
  • Those previously convicted by final judgment of offenses punishable by imprisonment of at least one month and one day and/or fines of at least Two Hundred Pesos are disqualified.
  • Offenders who have already been granted probation once under the decree's provisions cannot again avail of probation.
  • Persons already serving sentences at the time of the decree's substantive applicability are disqualified from probation.

Non-Applicability to Pending Applications

  • Amendments to the probation application procedures do not apply retroactively to those who filed probation applications before the decree's effectivity.

Repeal and Modification of Conflicting Laws

  • All laws, decrees, executive or administrative orders, rules, and regulations inconsistent with this decree are repealed, amended, or modified accordingly to harmonize with its provisions.

Effectivity of the Decree

  • The decree takes effect fifteen (15) days after its publication in the Official Gazette, marking the formal commencement of its legal provisions.

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