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§ 10' I1.'J: t II 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
{Olfu:r tlf H!I?" ~~-i'frptaf' 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 29 P5 :14 
SEN1~48 
S. No. _=--'-"'--
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Section 4 of Presidential Decree No. 968, also known as the "Probation Law of 1976," as 
amended by Presidential Decree No. 1990, provides that "no application for probation shall be 
entertained or granted if the defendant has perfected the appeal from the judgment of 
conviction." The effect of such provision is to deny to one who appeals the right to apply for 
probation. 
There are, however, instances when the judgment of conviction erroneously imposes a 
non-probationable penalty, in which case the accused appeals the judgment for the sole purpose 
of reducing the penalty within probationable limits. In Francisco v. Court of Appeals, I the 
Supreme Court, while conceding that in such cases the appeal "should not bar the accused from 
applying for probation," nevertheless held that under the present state of the law, "appeal al)d 
probation are considered mutually exclusive," and, therefore, probation would still be 
unavailable to the accused. Iniquitous as this situation may appear, the law as it stands should be 
followed. 
To remedy the iniquitous situation described above, this bill seeks to amend the Probation 
Law by giving 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 penalty2 
~~~~~)~ 
MIRIAM DEFE SOR SANTIAjO 
off' 
I G.R. No. 108747, 16 April 1995. 
. 
2 This bilI was originally filed during the Thirteenth Congress, First Regular Session. 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN1'If18 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
SCl1ntt' 
l~If,;( "f II!, ;i>""t." 
'13 
AUG 29 P5 :14 
KECFIVE,O HY:~ ( 
2 
AMENDING SECTION 4 OF PRESIDENTIAL DECREE NO. 968, 
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OTHERWISE KNOWN AS THE "PROBATION LAW OF 1976," AS AMENDED BY 
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PRESIDENTIAL DECREE NO. 1990 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Section 4 of Presidential Decree No. 968, otherwise lmown as the 
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"Probation Law OF 1976," as amended by Presidential Decree No. 1990, is hereby further 
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amended to read as follows: 
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"Section 4. Grant of Probation. - Subject to the provisions of this Decree, 
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the trial court may, after it shall have convicted and sentenced a defendant, and 
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upon application by said defendant within the period for perfecting an appeal, 
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suspend the execution of the sentence and place the defendant on probation for 
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such period and upon such terms and conditions as it may deem best: Provided, 
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That no applicalion for probation shall be entertained or granted if the defendant 
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has perfected the appeal from the judgment of conviction, EXCEPT, 
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HOWEVER, WHEN THE APPEAL IS FOR THE SOLE PURPOSE OF 
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REDUCING THE PENALTY WITHIN THE PROBATIONABLE LIMIT 
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AND 
THE 
APPELLATE 
COURT 
MODIFIES 
THE 
APPEALED 
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JUDGMENT BY IMPOSING A PROBATIONABLE PENALTY, IN 
19 
WHICH 
CASE 
THE 
RECORDS 
OF 
THE 
CASE 
SHALL 
BE 
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TRANSMITTED 
TO 
THE 
LOWER 
COURT 
WHERE 
THE 
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APPLICATION FOR PRQBA TION MAY BE FILED. 
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Probation may be : granted whether the sentence imposes a term of 
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imprisonment or a fine only. An application for probation shall be filed with the 
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trial court. The filing of the application shall be deemed a waiver of the right to 
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appeal. 
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An order granting or denying probation shall not be appealable." 
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SECTION 2. Separability Clause. - If ll11y provision or part thereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 4. bYfectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
2