Today is Thursday, April 28, 2016

search

MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and
humane correctional systems that will promote the reformation of offenders and thereby reduce
the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders
who are likely to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon

prior investigation by the probation officer and a determination by the court that the ends of
justice and the best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt of the
order of said court to conduct the investigation. The court shall resolve the petition for probation
not later than five days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender

may be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit another crime;
or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place
as may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by
said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place or work;

(j) reside at premises approved by it and not to change his residence without its prior written
approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance,
at which time the court shall inform the offender of the consequences thereof and explain that
upon his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for the offense under which
he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions
or period of probation. The court shall notify either the probationer or the probation officer of the
filing such an application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual supervision
and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the probation.
Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not exceed
six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary imprisonment as computed at the rate
established, in Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The
defendant may be admitted to bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime shall be applicable to probationers
arrested under this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the probationer to
serve the sentence originally imposed. An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to
the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer make
such disclosure desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of
Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the
President of the Philippines. He shall hold office during good behavior and shall not be removed
except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers
and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental
to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation

Administrator who shall assist the Administrator perform such duties as may be assigned to him
by the latter and as may be provided by law. In the absence of the Administrator, he shall act as
head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of
at least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be

eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be
at least thirty-five years of age, holder of a master's degree or its equivalent in either
criminology, social work, corrections, penology, psychology, sociology, public administration, law,
police science, police administration, or related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar with at least seven years of
supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional
offices organized in accordance with the field service area patterns established under the
Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed
by President of the Philippines in accordance with the Integrated Reorganization Plan and upon
the recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall
also be appointed by the President of the Philippines, upon recommendation of the Secretary of
Justice, with an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation officer
in each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen
thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the
Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by
the Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other
personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their duties and functions
under this Decree. They shall also have, with respect to probationers under their care, the
powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation
Officers. No person shall be appointed Regional or Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a bachelor's degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police science, administration, or
related fields and has at least three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the Philippine Bar with at least three years of
supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary
of Justice shall organize the administrative structure of the Administration and the other
agencies created herein. During said period, he shall also determine the staffing patterns of the
regional, provincial and city probation offices with the end in view of achieving maximum
efficiency and economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall
be assisted by such field assistants and subordinate personnel as may be necessary to enable
them to carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision
of probationers, the Probation Administrator may appoint citizens of good repute and probity to
act as probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable
travel allowance. They shall hold office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six
thousand pesos shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six
Million Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the
National Treasury not otherwise appropriated, to carry out the purposes of this Decree.
Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may
be necessary shall be included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to
or inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be
held invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected
thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That,
the application of its substantive provisions concerning the grant of probation shall only take
effect twelve months after the certification by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the Probation Administration and of the other
agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.

GOVPH
MENU
About
Releases
eServices
Resources
Featured
Crisis Response
Philippine Standard Time:
Thursday, April 28, 2016 9:18:29 PM
source: PAGASA

Search …
Feedback
OFFICIAL GAZETTE OF THE REPUBLIC OF THE PHILIPPINES
NATIONAL GOVERNMENT PORTAL – EDITED AT THE OFFICE OF THE PRESIDENT OF
THE PHILIPPINES UNDER COMMONWEALTH ACT NO. 638
Republic Act No. 10707
November 26, 2015
Tags: Benigno S. Aquino III, Laws, Republic Acts
S. No. 2280
H. No. 4147

Republic of the Philippines

Congress of the Philippines

Metro Manila

Sixteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
fifteen.

[Republic Act No. 10707]

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE

“PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended
to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision before such decision becomes
final. The application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffled. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of
conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of 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.”

SEC. 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.”

SEC. 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

“The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to the
offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SEC. 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in connection with
their duties and functions under this Decree. They shall also have, with respect to probationers
under their care, the powers of a police officer. They shall be considered as persons in
authority.”

SEC. 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties effectively.”

SEC. 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator
may appoint citizens of good repute and probity, who have the willingness, aptitude, and
capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and
meal allowances, as may be determined by the Probation Administrator, for services rendered
as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a
just cause. Their functions, qualifications, continuance in office and maximum case loads shall
be further prescribed under the implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation Administrator,
the latter shall encourage and support the former to organize themselves in the national,
regional, provincial, and city levels for effective utilization, coordination, and sustainability of the
volunteer program.”

SEC. 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions
hereof not affected by such declaration shall remain in full force and effect.
SEC. 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and
regulations or parts thereof which are inconsistent with this Act are hereby amended, repealed
or modified accordingly.

SEC. 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into law.

SEC. 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of
this Act, the Department of Justice shall promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act.

SEC. 11. Effectivity. — This Act shall take effect immediately after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House
of Representatives (Sgd.) FRANKLIN M. DRILON
President of the Senate
This Act which is a consolidation of Senate Bill No. 2280 and House Bill No. 4147 was finally
passed by the Senate and the House of Representatives on September 15, 2015 and
September 14, 2015, respectively.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives (Sgd.) OSCAR B. YABES
Secretary of the Senate
Approved: NOV 26 2015

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

RESOURCES

[PDF] Republic Act No. 10707, November 26, 2015

STAY UP TO DATE WITH YOUR GOVERNMENT.
Subscribe Now
SHARE ON SOCIAL MEDIA
MORE FROM THE BRIEFING ROOM

De Venecia Highway temporarily closed

Bridge to be built in Panguil Bay, Northern Mindanao
Disaster response center launched in Visayas
PH signs the Paris Climate Agreement
Strong domestic demand drives imports growth in February 2016
Energy preparation for elections nears completion
This entry was posted under Laws and Issuances, Republic Acts and tagged Benigno S. Aquino
III, Laws, Republic Acts. Bookmark the permalink.

REPUBLIC OF THE PHILIPPINES

All content is in the public domain unless otherwise stated.

Privacy Policy
ABOUT GOVPH

Learn more about the Philippine government, its structure, how government works and the
people behind it.

Official Gazette
Open Data Portal
Send us your feedback
GOVERNMENT LINKS

The President
Office of the President
Office of the Vice President
Senate of the Philippines
House of Representatives
Supreme Court
Court of Appeals
Sandiganbayan