Philippine Bar review · Question

Practice question: Probation (PD 968, as amended by RA 10707)

Multiple Choice Medium

Practice question

A trial court imposes a nonprobationable eight-year maximum. On appeal, it is modified to a probationable five-year maximum. The otherwise qualified defendant applies before the modified decision becomes final and does not seek further review. Does the prior appeal categorically prevent application?
  1. Yes; RA10707 has no exception.
  2. Yes; only an original acquittal permits application.
  3. Yes; modification is legally irrelevant.
  4. No; the amended law expressly permits application in this situation, subject to its conditions.
  5. No; the appellate court must automatically grant probation.

Legal references

  • https://lawphil.net/statutes/repacts/ra2015/ra_10707_2015.html — Republic Act10707 Sections1–3, amending Probation Law Sections4,9 and16.

Answer this question in flashcards to review your response and continue practicing.