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    Comparison On The Amendments of PD 968

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    Creed
    The document contains provisions from several decrees (PD 968, PD 1257, PD 1990, RA 10707) related to a defendant's ability to apply for probation after being convicted and sentenced. Key points: - The trial court may suspend a defendant's sentence and grant probation after conviction if the defendant applies within the period for appeal. - Filing an application for probation is deemed a waiver of the right to appeal or results in any pending appeal being withdrawn. - Probation can be granted regardless of whether the sentence imposed imprisonment or a fine. - Orders granting or denying probation are not appealable.

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    © All Rights Reserved
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    Comparison On The Amendments of PD 968

    Uploaded by

    Creed
    16 views2 pages
    The document contains provisions from several decrees (PD 968, PD 1257, PD 1990, RA 10707) related to a defendant's ability to apply for probation after being convicted and sentenced. Key points: - The trial court may suspend a defendant's sentence and grant probation after conviction if the defendant applies within the period for appeal. - Filing an application for probation is deemed a waiver of the right to appeal or results in any pending appeal being withdrawn. - Probation can be granted regardless of whether the sentence imposed imprisonment or a fine. - Orders granting or denying probation are not appealable.

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    Comparison on the Amendments of PD 968

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    The document contains provisions from several decrees (PD 968, PD 1257, PD 1990, RA 10707) related to a defendant's ability to apply for probation after being convicted and sentenced. Key points: - The trial court may suspend a defendant's sentence and grant probation after conviction if the defendant applies within the period for appeal. - Filing an application for probation is deemed a waiver of the right to appeal or results in any pending appeal being withdrawn. - Probation can be granted regardless of whether the sentence imposed imprisonment or a fine. - Orders granting or denying probation are not appealable.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views2 pages

    Comparison On The Amendments of PD 968

    Uploaded by

    Creed
    The document contains provisions from several decrees (PD 968, PD 1257, PD 1990, RA 10707) related to a defendant's ability to apply for probation after being convicted and sentenced. Key points: - The trial court may suspend a defendant's sentence and grant probation after conviction if the defendant applies within the period for appeal. - Filing an application for probation is deemed a waiver of the right to appeal or results in any pending appeal being withdrawn. - Probation can be granted regardless of whether the sentence imposed imprisonment or a fine. - Orders granting or denying probation are not appealable.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    PD 968 PD 1257 PD 1990 RA 10707

    July 24, 1976 December 1, 1977 October 5, 1985 Nov 26, 2015
    Subject to the provisions of Subject to the provisions of this Subject to the provisions of Subject to the provisions of this Decree,
    this Decree, the court may, Decree, the court may, after it this Decree, the trial court the trial court may, after it shall have
    after it shall have convicted shall have convicted and may, after it shall have convicted and sentenced a defendant for a
    and sentenced a defendant sentenced a defendant but
    and upon application at any before he begins to serve his
    convicted and sentenced a probationable penalty and upon application
    time of said defendant, sentence and upon his defendant, and upon by said defendant within the period for
    suspend the execution of said application, suspend the application by said defendant perfecting an appeal, suspend the
    sentence and place the execution of said sentence and within the period for execution of the sentence and place the
    defendant on probation for place the defendant on probation perfecting an appeal, suspend defendant on probation for such period and
    such period and upon such for such period and upon such the execution of the sentence upon such terms and conditions as it may
    terms and conditions as it may terms and conditions as it may and place the defendant on deem best. No application for probation
    deem best. deem best.
    probation for such period and shall be entertained or granted if the
    Probation may be granted The prosecuting officer
    upon such terms and defendant has perfected the appeal from
    whether the sentence concerned shall be notified by conditions as it may deem best; the judgment of conviction: Provided,
    imposes a term of the court of the filling of the Provided, That no application That when a judgment of conviction
    imprisonment or a fine only. application for probation and he for probation shall be imposing a non-probationable penalty is
    An application for probation may submit his comment on entertained or granted if the appealed or reviewed, and such judgment
    shall be filed with the trial such application within ten days defendant has perfected the is modified through the imposition of a
    court, with notice to the from receipt of the notification. appeal from the judgment of probationable penalty, the defendant
    appellate court if an appeal
    has been taken from the
    conviction. shall be allowed to apply for probation
    Probation may be granted
    sentence of conviction. The based on the modified decision before
    whether the sentence impose a
    filing of the application shall term of imprisonment or a fine “Probation may be granted such decision becomes final. The
    be deemed a waiver of the with subsidiary imprisonment in whether the sentence imposes application for probation based on the
    right to appeal, or the case of insolvency. An a term of imprisonment or a modified decision shall be filed in the trial
    automatic withdrawal of a application for probation shall fine only. An application for court where the judgment of conviction
    pending appeal. be filed with trial court, with probation shall be filed with imposing a non-probationable penalty was
    notice to appellate court if an the trial court. The filing of rendered, or in the trial court where such
    An order granting or denying appeal has been taken from the
    the application shall be case has since been re-raffled. In a case
    probation shall not be sentence of conviction. The
    appealable. filing of the application shall deemed a waiver of the right involving several defendants where some
    be deemed a waiver of the to appeal. have taken further appeal, the other
    right to appeal, or the defendants may apply for probation by
    automatic withdrawal of a “An order granting or denying submitting a written application and
    pending appeal. In the latter probation shall not be attaching thereto a certified true copy of
    case however, if the appealable.” the judgment of conviction.
    application is filed on or after
    the date of the judgment of the
    appellate court.
    An order granting or denying “The trial court shall, upon receipt of the
    probation shall not be application filed, suspend the execution of
    appealable." the sentence imposed in the judgment.

    “This notwithstanding, the accused shall


    lose the benefit of probation should he seek
    a review of the modified decision which
    already imposes a probationable penalty.

    “Probation may be granted whether the


    sentence imposes a term of imprisonment
    or a fine only. 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.”

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