Monday, November 30, 2015

Probation; Republic Act 10707, amending Presidential Decree 968

"x x x.

Meantime, Aquino also signed into law Republic Act 10707, amending the Marcos-era Presidential Decree 968 that provided rules on convicts who are eligible for pardon (sic) under the old statute.

Section 4 now provides that a judge can grant a convicted felon probation and “suspend” the execution of his sentence, place the defendant on “probation for such period and upon such terms and conditions as the regional trial court may deem best.”

This is provided the convicted felon files for such an application to be granted probation.

However, the convicted felon will not be entitled to such probation if he has opted to file an appeal, or has perfected the appeal for the “judgment of conviction imposing a non-probationable penalty.”

x x x."