Dear Requesting Party,
Thank you for your request dated Aug. 30, 2024, made under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You have requested "Inquiry on PD 968".
I am pleased to inform you that your FOI request has been approved. Below is the response from the Legal Division.
"This letter is in response to your inquiry on whether or not a probationer's previous imprisonment can be credited to the service of sentence if the Court subsequently revokes the probation.
"In an email dated 04 September 2024, you clarified that the phrase "previous imprisonment" pertains to the probationer's detention time before the grant of probation.
"We believe that the preventive imprisonment period before the probation grant should be credited to an accused if the court subsequently revokes probation. Our position is based on Section 29 of the Revised Penal Code.
"We hope that this answers your concern."
Your right to request a review
If you are dissatisfied with our response to your FOI request, you have the option to request an internal review. To initiate this process, kindly submit your written appeal for review addressed to [insert name of Secretary and postal/e-mail address]. Please provide a detailed explanation of your dissatisfaction with our response within 15 calendar days from the date of receiving this response. We will conduct the review and communicate the outcome within 30 calendar days from the receipt of your review request.
Should you remain unsatisfied with the review outcome, you retain the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
FOI Officer
Parole and Probation Administration