Dear PAO,I read an article in your Manila Times column published on March 27, 2020 stating that a person who appealed his conviction no longer q ualifies for probation. The appeal is merely intended for the correction of the penalty imposed by the lower court, which when corrected would entitle the accused to apply for probation; and“2. Hence, as a general rule, an accused-appellant cannot avail of the benefits of the Probation Law after filing an appeal. xxx”Consequently, after the effectivity of the above-mentioned law, a defendant may still apply for probation even after appeal if the modified decision imposes a probationable penalty. Notably, the law still proscribes the application for probation by a defendant who has appealed his conviction for a probationable crime or with a probationable penalty.

Source: Manila Times April 12, 2020 16:17 UTC