Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1505

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

This proposed bill seeks to address the inadequacies in implementing the
existing Probation Law. Ideally, it hopes to rationalize and strengthen the law to
establish a more enlightened and humane correctional system that will promote the
reformation, rehabilitation and restoration of the dignity of offenders. Moreover, the
measure seeks to remedy the problem of overcrowding in jails and lessen government
expenditures.

Specifically, the bill intends to amend Presidential Decree No. 928 with regard to
the following aspects:

a. Removal of the disqualification from probation, offenders who have been
sentenced to a probationable penalty and have already perfected their appeal;

b. Allows one who appeals a non-probationable sentence which is reduced to a
probationable penalty by the appellate court to apply for probation;

c. Expansion of the probationable term from six (6) years to eight (8) years;

d. Removal of the exclusion from probation of all crimes falling under Public
Order. Thus, the lesser grave felonies are separated from the grave felonies and
violations of Arts. 147, 148 149, 151, 153, 154,155 and 156 of the Revised Penal Code
are made probationable offenses;

e. Resolution of the penalty issue under Sec. 9C of PD 968, by providing that the
penalty for the light felony referred to is a fine of “200 pesos”;

f. Explicit inclusion of regional heads to possess the miscellaneous powers as
those vested in the Provincial and City Probation Officers under their jurisdiction and to
be considered as persons in authority; and

g. Enhancement by the Administration of volunteer service in its thrust of
strengthening and professionalizing volunteerism to complement the Parole and
Probation regular workforce.

In view of thereof, approval of this bill is earnestly sought.

Ck [ecb
MARCELINO “MARCY” R. TEODORO

Representative, 1* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

05

House Bill No.

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
RATIONALIZING AND STRENGTHENING THE PROBATION SYSTEM,
AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF 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 [his] 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: Provided, That [no] AN application for probation shall be entertained
or granted [if] NOTWITHSTANDING the defendant has perfected an appealfrom [the
judgment of conviction] SUCH VERDICT OF CONVICTION, AND THEREAFTER
HAS BEEN METED A PROBATIONABLE PENALTY BY THE APPELLATE
COURT: PROVIDED, FURTHER, THAT IF THE PENALTY WHICH IS NOT
PROBATIONABLE WAS APPEALED AND REDUCED TO PROBATIONABLE
PENALTY, THEN HE SHALL BE ALLOWED TO APPLY FOR PROBATION ON
THE MODIFIED DECISION.

“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. [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 Presidential Decree No. 968 is hereby 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 not more than [six]
EIGHT (8) years;
“(b) convicted of [subversion or] any crime against the national security or the
public order[;], EXCEPT UNDER ARTICLES 146, SPECIFICALLY WITH
REFERENCE TO ANY PERSON MERELY PRESENT AT SUCH
ASSEMBLY, 147, 148, 149, 151, 153, 154, 155 AND 156, OF TITLE Ill,
CHAPTER THREE TO CHAPTER FIVE, BOOK Il OF THE REVISED
PENAL CODE;


“(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] MORE 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.”

SEC. 3. Section 24 of Presidential Decree No. 968 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. 4. ection 28 of Presidential Decree No. 968 is hereby amended to read as
follows:

“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 forreasonable 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.]

VOLUNTEER PROBATION OFFICERS. — TO ASSIST THE CHIEF PROBATION
OFFICERS IN THE REGIONAL, PROVINCIAL AND CITY PROBATION OFFICES
IN THE SUPERVISED TREATMENT PROGRAM OF THE CLIENTELE, THE
PROBATION ADMINISTRATOR MAY APPOINT CITIZENS OF GOOD REPUTE
AND PROBITY WHO HAVE THE WILLINGNESS, APTITUDE AND POTENTIAL TO
ACT AS VOLUNTEER PROBATION OFFICERS (VPOS).

“VOLUNTEER PROBATION OFFICERS SHALL NOT RECEIVE ANY
REGULAR COMPENSATION FOR SERVICES RENDERED EXCEPT FOR
REIMBURSEMENT OF THE ACTUAL COST OF TRANSPORTATION IN THE
PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES. THEY SHALL.
ALSO BE ENTITLED TO A TWENTY PERCENT (20%) DISCOUNT ON ALL
MEANS OF TRANSPORTATION, FOOD OUTLETS AND
THEATERS/CINEMAS.

THEY SHALL HOLD OFFICE FOR A TWO (2)-YEAR TERM WHICH MAY BE
RENEWED OR RECALLED ANYTIME FOR A JUST CAUSE DEPENDING UPON
THEIR PERFORMANCE OF FUNCTIONS. THEIR FUNCTIONS,
QUALIFICATIONS, CONTINUANCE IN OFFICE, MAXIMUM CASE LOADS
AND RELATED MATTERS SHALL BE FURTHER PRESCRIBED UNDER THE
IMPLEMENTING RULES AND REGULATIONS TO BE PROMULGATED BY
THE PROBATION ADMINISTRATOR.

“THERE SHALL BE A REASONABLE NUMBER OF VOLUNTEER
PROBATION OFFICERS IN EVERY REGIONAL, PROVINCIAL AND CITY
PROBATION OFFICE IN ORDER TO STRENGTHEN THE FUNCTIONAL
RELATIONSHIP OF VOLUNTEER PROBATION OFFICERS AND THE
PROBATION ADMINISTRATION, 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. 5. Separability Clause. — If any part, section or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in full
force and effect.

SEC. 6. 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. 7. Effectivity. — This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,