Amending Certain Sections Of Presidential Decree Numbered Nine Hundred And Sixty-Eight, Otherwise Known As The Probation Law Of 1976
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Amending Certain Sections Of Presidential Decree Numbered Nine Hundred And Sixty-Eight, Otherwise Known As The Probation Law Of 1976
Presidential Decree No. 1257
December 1, 1977
Case Overview and Summary
Summary of Presidential Decree No. 1257 Amending the Probation Law of 1976Grant of Probation (Section 1, amending Section 4):
- The court may suspend the execution of a sentence and place the defendant on probation after conviction and sentencing, but before serving the sentence.
- The prosecuting officer must be notified and may submit comments within 10 days.
- Probation may be granted for sentences involving imprisonment or fines with subsidiary imprisonment in case of insolvency.
- Filing for probation is deemed a waiver of the right to appeal or withdrawal of a pending appeal, except if filed after the appellate court's judgment.
- Orders granting or denying probation are not appealable.
Period for Submission of Investigation Report (Section 2, amending Section 7):
- The probation officer must submit the investigation report on the defendant within 60 days from the court's order to conduct the investigation.
- The court must resolve the probation application within 15 days after receiving the report.
Arrest and Probationer; Subsequent Disposition (Section 3, amending Section 15):
- The court may issue an arrest warrant for any serious violation of probation conditions.
- The probationer must be brought before the court for a summary hearing on the violation.
- The probationer may be released on bail pending the hearing, following provisions for release on bail for charged persons.
- In the summary hearing, the probationer has the right to be informed of the violation and present evidence.
- The court may revoke or continue probation and modify conditions.
- If revoked, the court orders the probationer to serve the original sentence.
- Orders revoking or modifying probation are not appealable.
Effectivity (Section 4, amending Section 33):
- The Decree takes effect upon approval.
- The substantive provisions concerning the grant of probation take effect on January 3, 1978.
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Amending Certain Sections Of Presidential Decree Numbered Nine Hundred And Sixty-Eight, Otherwise Known As The Probation Law Of 1976
Presidential Decree No. 1257
•December 1, 1977
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1257
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
WHEREAS, the need to strengthen certain provisions of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, has surfaced in the nationwide seminars which introduced said law to judges, fiscals and private law practitioners;
WHEREAS, meeting such need would better ensure the achievement of its laudable objectives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:
Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, is hereby amended to read as follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant but before he begins to serve his sentence and upon his application, suspend the execution of said...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
probation
criminal law
sentencing
imprisonment
fines
insolvency
appeals
investigation reports
arrest warrants
bail
hearings
revocation
modification
effectivity
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1257
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED NINE HUNDRED AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
WHEREAS, the need to strengthen certain provisions of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, has surfaced in the nationwide seminars which introduced said law to judges, fiscals and private law practitioners;
WHEREAS, meeting such need would better ensure the achievement of its laudable objectives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:
Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, is hereby amended to read as follows:
"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant but before he begins to serve his sentence and upon his application, suspend the execution of said...
Login to see full content