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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon Ci

16" CONGRESS
First Regular Session

HOUSE BILLNO, 2417

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

This bill seeks to amend the Probation Law by adding an excepting clause
in Par. I, Sec. 4 of Presidential Decree 968, as amended. The proposed
amendment will give an accused the right to apply for probation despite his
appeal from the judgment of conviction, if his appeal is for the sole purpose of
reducing the penalty within probationable limits and the appellate court
modifies the judgment by imposing a probationable penalty.

The passage of this bill is earnestly sought

_ sauteed

ILINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
16" CONGRI
First Regular Session
2117

" HOUSE BILL NO.

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
AMENDING SECTION 4 OF PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976, AS AMENDED,
ON THE GRANT OF PROBATION

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 4, Paragraph 1, of Presidential Decree No, 968,
otherwise known as the Probation Law, as amended, is hereby further 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 and upon
application at any time of said defendant, 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; Provided, That no application for probation shall
be entertained or granted if the defendant has perfected the appeal from the
judgment or conviction; EXCEPT, HOWEVER, WHEN THE APPEAL IS FOR
THE SOLE PURPOSE OF REDUCING THE PENALTY WITHIN THE
PROBATIONABLE LIMIT AND THE APPELLATE COURT MODIFIES THE
APPEALED JUDGMENT BY IMPOSING A PROBATIONABLE PENALTY, IN
WHICH CASE THE RECORDS OF THE CASE SHALL BE TRANSMITTED
TO THE LOWER COURT WHERE THE APPLICATION FOR PROBATION
MAY BE FILED.

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, 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.
An order granting or denying probation shall not be appealable.”

SEC. 2, Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the remainder of the Act or the provision not otherwise affected

shall remain valid and subsisting.

SEC. 3. Repealing, Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative rule or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified or

amended accordingly.
SEC. 4. Effectivity Clause, - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,