Title
Amendments to the Probation Law of 1976
Law
Presidential Decree No. 1257
Decision Date
Dec 1, 1977
An amendment to the Probation Law grants the court the power to grant probation to defendants after conviction and sentencing, with the court determining the period and conditions of probation, and the amendment also allows for the arrest of probationers who violate the conditions of probation, with the court having the authority to revoke or continue probation based on a summary hearing.

Period for Submission of Investigation Report

  • The probation officer has 60 days from court order receipt to submit an investigation report on the defendant.
  • The court must resolve the probation application within 15 days after receiving the report.

Arrest of Probationer and Subsequent Disposition

  • Courts may issue an arrest warrant for a probationer for serious violations of probation conditions.
  • Upon arrest, the probationer must be brought to court immediately for a hearing.
  • The probationer may be admitted to bail pending the hearing, governed by standard bail rules for crimes.
  • The hearing is summary, with the probationer entitled to be informed of charges and present evidence.
  • The court is not bound by strict evidentiary rules but assesses relevant facts to determine the charge's truthfulness.
  • State representation by a prosecuting officer is required in contested hearings.
  • If violation is proven, courts may revoke probation or modify conditions.
  • If revoked, the probationer serves the original sentence.
  • Orders revoking or modifying probation terms are not appealable.

Effectivity

  • This decree takes effect immediately upon approval.
  • However, substantive provisions regarding the grant of probation apply starting January 3, 1978.

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