ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

• Number: Presidential Decree No. 968
• Sections: 35

Preamble

WHEREAS, one of the major goals of the government is to

establish a more enlightened and humane correctional system that will promote

the reformation of offenders and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders in 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 program;

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.

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.

SEC. 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.

SEC. 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.

SEC. 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 line 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 waiver

of the right to appeal, or the automatic withdrawal cf a pending appeal. An

order granting cr denying probation shall not be appealable.

Section 5 Post-sentence Investigation.

SEC. 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.

SEC. 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.

SEC. 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 live 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 ease where no bail was filed or

that the defendant is incapable of filing one, the court may allow the release

of the defendant on recognizance to 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.

SEC. 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 an 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.

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 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.

SEC. 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

(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 the probation officer or an authorized social worker to visit his

home and place of 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.

SEC. 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 Conditions of Probation.

SEC. 12. Modification of Conditions 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 of 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.

SEC. 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.

SEC. 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 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.

SEC. 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

provisions. 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.

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 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.

SEC. 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 o,r

indirectly to anyone other than the Probation Administration or the court

concerned, except that the court, in its discretion, may permit the probationer

or his attorney to inspect the aforementioned documents or parts thereof

whenever the best interest of the probationer makes 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.

SEC. 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 Administrator.

SEC. 19. Probation Administrator.—The

Administration shall be headed by the Probation Administrator, hereinafter

referred to as the Administrator, who shall be appointed by tho 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 ether 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.

SEC. 20. Assistant Probation Administrator.—There

shall be an Assistant Probation Administrator who shall assist the Administrator

and perform such duties as may be assigned to him by the latter and as may be

provided by laws. 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.

SEC. 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.

SEC. 22. Regional Office; Regional Probation

Officer.—The Administration shall have regional offices organized in

accordance with the field service area pattern established under the Integrated

Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who

shall be appointed by the President of the Philippines in accordance with the

Integrated Re-organization 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 be 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.

SEC. 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 or that of the probation

aide on the terms and conditions of their probation;

(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.

SEC. 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 a police officer.

Section 25 Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers.

SEC. 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, police

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 qualfied residents of the province or city where he will be

assigned to work.

Section 26 Organization.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 32. Separability of Provisions.—If any part,

section or provisions of this Decree shall be held invalid or unconstitutional,

no other parts, sections or provisions hereof shall be affected thereby.

Section 33 Effectivity.

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) J.C. Tuvera

Presidential

Assistant.

Section 30 Appropriations.

SEC. 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.