EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

2830

House Bill No.

EXPLANATORY NOTE

The Parole and Probation Administration plays a very important role in our society as
it is the agency mandated and given the responsibility in assisting probationers, parolees,
pardonees, first-time minor drug offenders and juvenile in conflict with the law placed on
probation, to adjust their lives in a free community. The agency tries to prevent these ex-law
offenders from committing future criminal acts as well as lend a hand in ensuring that, once
freed, they will lead a more productive useful life.

Moreover, their work as investigators, supervisors and officers of the court, expose
them to a lot of danger as they may have to deal with dangerous criminal offenders. They
also may be assigned to areas, which may expose them to a lot of risks and varied forms of
hazards.

This bill seeks to improve and promote the social and economic status of our
probation and parole workers and personnel, as well as their living and working conditions,
terms of employment, professional growth, and career advancement.

Further, the proposed measure seeks to provide Probation and Parole Workers
additional compensation and incentives such as hazard pay, housing and living quarters
allowance, longevity pay, and compensation for injuries.

In view of the foregoing immediate approval of this measure is earnestly sought.

RUFUS B. ROD}


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No.

ANACT
PROVIDING FOR A MAGNA CARTA FOR PROBATION AND PAROLE WORKERS;
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Magna Carta for Probation and Parole
Workers’.

SEC. 2. Declaration of Policy. - The State shall promote and improve the social, moral and
economic well-being of Probation and Parole Workers, their living and working conditions,
and terms of employment. It shall develop their skills and capabilities to make them more
responsive to the needs and problems of their clients namely, the probationers, parolees,
pardonees, first-time minor drug offenders and juveniles in conflict with the law placed on
probation and better equip them in delivering community corrections/rehabilitation services
and programs, professionalize their positions and make them remain in probation and parole
work.

‘SEC. 3. Definition of Terms. - As used in this Act, unless the context provides otherwise, the

following terms shall be construed to mean as follows:

a. “Probation and Parole Work” — refers to the profession that promotes the correction
and rehabilitation of a convicted offender placed under probation, parole and
conditional pardon as provided by law by providing him individualized community

reatment programs through the use of innovative intervention techniques;

b. "Probation" — a disposition under which a defendant, after conviction and sentence is
released subject to conditions imposed by the Trial Court and to the supervision of a
Probation and Parole Officer;

c. “Parole” — shall refer to the conditional release of an offender from a penal or
correctional institution after he has served the minimum period of his prison sentence
under the continued custody of the State and under conditions that permit his re-
incarceration if he violates a condition of his release:

d. “Executive Clemency” - refers to reprieves, commutation of sentence, conditional

pardon or absolute pardon which exclusively rests within the sound discretion of the

President

“Petitioner” — a convicted defendant who files an application for probation;”

Probationer’ — person who is placed under probation;

“Parole” — shall refer to a prisoner who is released on parole;

“Pardonee” — shall refer to a prisoner who is released on conditional pardon with

parole conditions;

“First-time minor drug offender * — youthful drug offender on probation under RA 9165;

“Juvenile in Conflict with the Law” - a youthful offender charged and convicted of an

offense and placed on probation under RA 9344;

za



k. ‘Probation and Parole Worker” — refers to all Personnel employed in the Parole and
Probation Administration-Department of Justice;

|. “Trial Court”— refers to Court which originally tried the case;

m. ‘Parole and Probation Offices” — refers either to the Central Office, Regional Office,
Provincial or City Parole and Probation Office of the Parole and Probation
Administration-Department of Justice;

1. "PPA-DOJ" — refers to the Parole and Probation Administration under the Department

of Justice,

SEC. 4. Coverage. - This Act shall cover all Probation and Parole Workers of the Parole and
Probation Administration- Department of Justice.

SEC. 5. Recruitment and Selection. — Recruitment policies with respect to the selection and
appointment of Probation and Parole Workers shall be clearly defined by the Parole and
Probation Administration- Department of Justice.

SEC. 6. Security of Tenure. — Stability of employment and security of tenure shall be assured
the Probation and Parole Worker as provided under existing laws.

SEC. 7. Transfer or Reassignment. — A Probation and Parole Worker shalll not be transferred
or reassigned, except when made in the interest of the service, in which case the worker
concerned shall be informed of the reasons therefor in writing. If the Probation and Parole
Worker believes that there is no justification for the transfer or reassignment, he/she may
appeal his/her case to the Civil Service Commission, which may cause his/her transfer or
reassignment to be held in abeyance. Provided, however, that no transfer or reassignment
shall be made three (3) months before any local or national elections.

SEC. 8. Merit and Promotion and Career System. — The PPA-DOJ shall maintain its existing
career and personnel development plan applicable to all Probation and Parole Workers.
Such career and personnel development plan shall include provisions on merit promotion,
performance evaluation, in-service training grants, suggestions and incentive award system.

SEC. 9. Code of Conduct. - The duly approved Code of Ethics of Probation and Parole
Workers and RA 6713 shall be the bases in determining the Ethical Standards of Probation
and Parole Workers.

‘SEC. 10. Safeguards in Disciplinary Procedures. - Every Probation and Parole Worker shall
enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:
a. the right to be informed of the charges in writing;
b. the right to full access to the evidences of the case;
c. the right to defend himself and to be defended by a representative of his
choice and/or by his organization, adequate time being given to the officer for
the preparation of his defense;

d. the right to confront witnesses presented against him/her and summon
witnesses in his/her behalf

©. the right to appeal to clearly designated authorities;

f the right to reimbursement of reasonable expenses incurred in his/her
defense in case of exoneration of the charges against him or her; and

g. such other rights that will ensure fairness and impartiality during proceedings.

SEC. 11. Normal Hours of Work. — The normal hours of work of any Probation and Parole
Worker shall not exceed eight (8) hours a day or forty (40) hours a week.


SEC. 12. Overtime Work. - Where the exigencies of the service so require, any Probation
and Parole Worker may be required to render service beyond the normal eight (8) hours a
day, inclusive of Saturday, Sunday or non-working holidays. In such case, the Probation and
Parole Worker shall be entitled to Compensatory-Time-Off (CTO).

‘SEC. 13. Compensation. - The existing law on the salary scale of government employees
shall apply in determining the salaries of Probation and Parole Workers. In case of violation
of these provisions, the Probation and Parole Worker concerned may file the necessary
complaint to the Civil Service Commission (CSC).

SEC. 14, Leave Benefits. — Probation and Parole Workers shall be entitled to all leave
benefits and privileges, such as but not limited to maternity, paternity, vacation and sick
leaves, and special privilege leave as provided for under existing laws: Provided, that upon
separation of the Probation and Parole Worker from service. they shall be entitled to all
accumulated commutable leave credits with pay.

‘SEC. 15. Highest Basic Salary Upon Retirement. - Upon retirement, a Probation and Parole
Worker shall automatically be granted an increase of one salary grade higher than his/her
basic salary, and his/her retirement benefits shall be computed on the basis of his/her
highest salary received.

SEC. 16. Other Benefits. - Aside from the benefits received as required under existing laws

and executive orders, the Probation and Parole Workers shalll receive the following:
a.) _ Hazard Pay — Probation and Parole Workers who are directly assisting or
performing functions which expose them to danger, occupational risks or threats of
life shall be compensated with hazard pay of at least Two Thousand Five Hundred
Pesos (P2,500.00) per month.
b) Living Quarters or Living Quarters Allowance — The PPA-DO\ shall
provide Living Quarters to each employee who are assigned more than fifty (50)
kilometers away from their residence. If Living Quarter is not available, the
Probation and Parole Workers shall be entitled to at least Three Thousand Pesos
(P3,000,00) a month of Living Quarters Allowance.
©.) Longevity Pay — A monthly longevity pay equivalent to five per centum (5%)
of his/her latest monthly basic pay shall be paid to a Probation and Parole Worker for
every five (5) years continuous, efficient and meritorious service rendered as certified
by the chief of office concerned, commencing with the service after approval of this
Act.
4.) Clothing Allowance — All Probation and Parole Workers shall be entitled to a
minimum of Five Thousand Pesos (P5,000.00) clothing allowance annually, which
‘amount shall be adjusted as needed.
fe.) Medical Allowance — All Probation and Parole Workers shall receive a
minimum of Five Hundred Pesos (P500.00) medical allowance monthly, which
amount shall be adjusted as needed,

SEC. 17. Compensation from Injuries. - Probation and Parole Workers shall be protected
against work-related injuries and be compensated equivalent to their daily wage while in the
period of rehabilitation in accordance with the Labor Code and Civil Service Law, as the case
may be.

SEC. 18. Rights of the Probation and Parole Workers. — Probation and Parole Workers shall
have the following rights:

a.) Protection from discrimination by reason of sex, sexual orientation, age,
political or religious beliefs, civil status, physical characteristics, disability or ethnicity;
b.) Protection from any form of interference, intimidation, harassment, or

punishment in the performance of his/her duties and responsibilities;


¢.) Join, organize, or assist organizations or unions for lawful purposes;

d.) Protection from any act that will prevent him/her from applying professional
intervention for the client's development; and
e.) Opportunities for continuing professional growth and development.

SEC. 19. Human Resource Development. — The PPA-DOJ shall conduct a periodic human.
resource development and management study in the following areas;
a.) Adequate facilities and resources to render quality rehabilitation service to
the clientel
b.) Opportunities for Probation and Parole Workers to grow professionally and to
develop their potentials and experience a sense of worth and dignity in their work;
©.) Mechanisms for democratic consultations;
d.) Staffing patterns and standards of Probation and Parole Work to ensure that
the clients receive quality service.:
e.) Upgrading of working conditions, reclassification of positions and salaries of
Probation and Parole Workers to correct the disparity vis-a-vis other professions; and
f.) Allocations of funds for the participation of Probation and Parole Workers in
seminars, conferences, conventions and similar activities as part of their continuing
professional growth.

SEC. 20. Appropriations. - The amount of SEVENTY MILLION PESOS (P70,000,000.00)
needed to carry out the provisions of this Act is hereby authorized to be appropriated in the
General Appropriations Act of the years following its enactment into law, in addition to the
amount appropriated for the Parole and Probation Administration

SEC. 21. Implementing Rules and Regulations. - The PPA-DOJ shall formulate the
necessary rules and regulations, not inconsistent with any provision of this Law for the
implementation of the Magna Carta for Probation and Parole Workers for the Approval of the
Secretary of Justice. The rules and regulations shall be promulgated within six (6) months
from the effectivity of this Act.

SEC. 22. Penal Provisions. - Any person who shall willfully interfere with, restrain or coerce
any Probation and Parole Worker in the discharge of his/her duties or shall in any manner
‘commit any act in violation of any of the provisions of this Act, upon conviction, shall be
punished of a fine not less than Twenty Thousand Pesos (P20,000.00) but not more than
Forty Thousand Pesos (P40,000.00) or imprisonment of not more than One year, or both, at
the discretion of the Court. If the offender is a public official, the Court in addition to the
above mentioned penalties, may impose the additional penalty of disqualification to hold
public office.

SEC. 23. Separability Clause. — If any provision of this Act is declared unconstitutional or
invalid, the remainder thereof not affected thereby shall continue to be in full force and effect.

SEC. 24. Repealing Clause. — All laws, decrees, orders, rules and regulations or other
issuance or parts thereof inconsistent with the provision of this Act are hereby repealed,
amended or modified accordingly.

SEC. 25. Effectivity. — This Act shall take effect fifteen (15) days after its publication in official
gazette or in any newspaper of general circulation.

Approved.