Presidential Decree No. 968 (PD 968) — 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 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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
