Presidential Decree No. 1990, s.
1985
Signed on October 5, 1985
MALACAÑANG
Manila
PRESIDENTIAL DECREE NO. 1990
AMENDING PRESIDENTIAL DECREE NO. 968 OTHER-
WISE KNOWN AS THE PROBATION LAW OF 1976
WHEREAS, it has been the sad experience that persons who are convicted of
offenses and who may be entitled to probation still appeal the judgment of
conviction even up to the Supreme Court, only to pursue their application for
probation when their appeal is eventually dismissed;
WHEREAS, the process of criminal investigation, prosecution, conviction and
appeal entails too much time and effort, not to mention the huge expenses
of litigation, on the part of the State;
WHEREAS, the time, effort and expenses of the Government in investigating
and prosecuting accused persons from the lower courts up to the Supreme
Court, are oftentimes rendered nugatory when, after the appellate Court
finally affirms the judgment of conviction, the defendant applies for and is
granted probation;
WHEREAS, probation was not intended as an escape hatch and should not be
used to obstruct and delay the administration of justice, but should be
availed of at the first opportunity by offenders who are willing to be reformed
and rehabilitated;
WHEREAS, it becomes imperative to remedy the problems above-mentioned
confronting our probation system;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby decree:
SECTION 1. Section 4 of Presidential Decree No. 968 is hereby amended to
read as follows:
“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the
trial court may, after it shall have convicted and sentenced a defendant, and
upon application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may
deem best; Provided, That no application for probation shall be entertained
or granted if the defendant has perfected the appeal from the judgment of
conviction.
“Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed with
the trial court. The filing of the application shall be deemed a waiver of the
right to appeal.
“An order granting or denying probation shall not be appealable.”
SEC. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read
as follows:
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six
years;
(b) convicted of subversion or any crime against the national security or the
public order;
(c) 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 less than Two Hundred Pesos.
(d) who have been once on probation under the provisions of this Decree;
and
(e) who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Section 33 hereof.”
SEC. 3. The provisions of Section 4 of Presidential Decree No. 968, as above
amended, shall not apply to those who have already filed their respective
applications for probation at the time of the effectivity of this Decree.
SEC. 4. All laws, decrees, executive or administrative orders, rules and
regulations, or parts thereof, inconsistent with this Decree, are hereby
repealed, amended or modified accordingly.
SEC. 5. This Decree shall take effect after fifteen (15) days following its
publication in the Official Gazette.
DONE in the City of Manila, this 5th day of October, in the year of Our Lord,
nineteen hundred and eighty-five.
(Sgd.) FERDINAND E. MARCOS
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant
