December 1, 1977
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; cdtai
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 in me vested 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 sentence and place the
defendant on probation for such period and upon such terms and
conditions as it may deem best. cd
The prosecuting officer concerned shall be notified by the court
of the filing of the application for probation and he may submit his
comment on such application within ten days from receipt of the
notification.
Probation may be granted whether the sentence impose a term
of imprisonment or a fine with subsidiary imprisonment in case of
insolvency. An application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has been taken
from the sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic withdrawal of
a pending appeal. In the latter case, however, if the application is filed
on or after the date of the judgment of the appellate court, said
application shall be acted upon by the trial court on the basis of the
judgment of the appellate court.
An order granting or denying probation shall not be appealable."
SECTION 2. The first paragraph of Section 7 of the same Decree is
hereby amended to read as follows:
"SEC. 7. Period for Submission of Investigation Report . — The
probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order of said
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
court to conduct the investigation. The court shall resolve the
application for probation not later than fifteen days after receipts of
said report."
SECTION 3. Section 15 of the same Decree is hereby amended to
read as follows:
"SEC. 15. Arrest and Probationer; Subsequent Disposition. —
At any time during probation, the court may issue a warrant for the
arrest of a probationer for any serious violation of the conditions of
probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing of the violation
charged. The defendant may be admitted to bail pending such hearing.
In such case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under
this provision.
In the hearing, which shall be summary in nature, the
probationer shall have the right to be informed of the violation charged
and to adduce evidence in his favor. The court shall not be bound by
the technical rules of evidence but may inform itself of all the facts
which are material and relevant to ascertain the veracity of the charge.
The State shall be represented by a prosecuting officer in any
contested hearing. If the violation is established, the court may revoke
or continue his probation and modify conditions thereof. If revoked, the
court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable."
SECTION 4. Section 33 of the same Decree is hereby amended to
read as follows:
"SEC. 33. Effectivity. — This Decree shall take effect upon its
approval: Provided, However, That the application of its substantive
provisions concerning the grant of probation shall only take effect on
January 3, 1978."
SECTION 5. This Decree shall take effect immediately.
DONE in the City of Manila, this 1st day of December, in the year of
Our Lord, Nineteen Hundred and Seventy-Seven.
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
