Amendment Expanding Probation Law Coverage

Section 1 of Batas Pambansa Blg. 76 amends Section 9 of Presidential Decree No. 968.
Section 1 recognizes that Presidential Decree No. 968 had already been amended by Presidential Decree No. 1257.
Section 2 applies notwithstanding the Probation Law of 1976, extending probation treatment to specified persons after a stated date.

Batas Pambansa Blg. 76 expands the probation law’s coverage by adjusting the list of disqualified offenders and by enabling probation for certain sentenced persons under specified conditions.

Section 1 amends Section 9 by declaring that the benefits of the Decree shall not be extended to certain offenders.
Section 9(a) bars offenders sentenced to serve a maximum term of imprisonment of more than six years and one day.
Section 9(b) bars offenders convicted of any offense against the security of the State.
Section 9(c) bars offenders 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.
Section 9(d) bars offenders who have been once on probation under the provisions of the Decree.

Section 2 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 to the court of origin.
Section 2 limits the coverage to persons with a maximum penalty of six years and one day whose sentence dates fall on January 3, 1978 and thereafter.
Section 2 directs that a person serving sentence at the effectivity of this Act shall remain in jail pending the approval of his application.

Section 2 requires that probation be granted upon application by the eligible person to the court of origin.
Section 2 maintains jail confinement for applicants who are already serving sentence at the time of effectivity until the court approves the application.