AMENDING PRESIDENTIAL DECREE NO. 968 OTHERWISE 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
abovementioned 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. 963 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:

1. sentenced to serve a maximum term of imprisonment of more than six years;
2. convicted of subversion or any crime against the national security or the
   public order;
3. 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.
4. who have been once on probation under the provisions of this Decree; and
5. 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 President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Executive Assistant