THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
Although the Probation System had already proven its worth in the field of 
corrections, still the law needs further modifications. This Bill seeks to amend six 
(6) salient provisions of Presidential Decree No. 968 to expand its scope in order 
to address the problems being faced by the jail system. 
First, this Bill proposes to remove the disqualification from applying for 
probation those who have been sentenced to a probationable penalty and have 
already perfected their appeal. This will also definitely and clearly provide that 
those who appeal a non-probationable penalty and is reduced to a probationable 
one can still apply for probation. 
Second, the probationable term of six (6) years under PD 968 is likewise 
proposed to be amended to six (6) years and one (1) day in order to widen the 
scope of the law. 
Third, this bill is proposed to remove the sweeping disqualification in 
excluding all crimes falling under Public Order from probation, thereby, proposing 
violation of Articles 146 with reference to those who are merely present, 147, 
148, 149, 151, 153, 154, 155 and 156 of the Revised Penal Code as 
probationable crimes. 
Fourth, this proposed amendment will settle the confusion relative to the 
interpretation of Sec. 9, Par. C of PD 968, more specifically as to the 
disqualification relative to those who have previously been convicted by final 
judgment of an offense punished to pay a “fine of not less than two hundred 
pesos”. This amendment will resolve the issue whether or not Art. 9 or Art. 26 of 
the Revised Penal Code is controlling as to the interpretation of the amount of 
fine of P200.00 as a light felony. Strict judges adopt Art. 26 of the Revised Penal 
Code which states that it is light felony if the fine is less than P200.00, while 
literally-minded judges cite Art. 9 f the RPC and make the fine of P200.00 or less 
a light felony, thus making them still qualified to go on probation. The clear intent 
of Sec. 9, Par. C of PD No. 968 is to exclude those who have been previously 
convicted with a penalty of a fine equivalent to a correctional penalty. 
Specifically, this is based on the same provision which exclude from the 
availrnent of probation those previously convicted by final judgment of an offense 
punished by imprisonment of not less than one month and one day which is a 
correctional penalty under Art. 25 in relation to Art. 27 of the RPC. 
Fifth, the inclusion of the Regional Heads (Regional Directors) to possess 
the miscellaneous powers as those vested in the Provincial and City Probation 
Officers under their jurisdiction and to be considered a person in authority. 
Sixth, the Administration shall enhance volunteer services in its thrust of 
strengthening and professionalizing volunteerism in order to complement the 


Probation and Parole regular workforce, the present Volunteer Probation Aide 
shall be renamed Volunteer Probation Officer to attract and encourage more civic 
minded and responsible members of the private sector to work hand in hand with 
the Probation and Parole personnel in the rehabilitative effort of the government 
through the Agency. 
The prompt and immediate passage of this bill deserves utmost attention. 
MA"Y Senator "',,T 


THIRTEENTH CONGRESS OF THE 
Second Regular Session 
REPUBLIC OF THE PHILIPPINES 
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INTRODUCED BY HON. MANNY VILLAR 
AN ACT AMENDING VARIOUS PROVISIONS OF PRESIDENTIAL DECREE 
NO. 968, OTHERWISE KNOWN AS THE PROBATION LAW OF 1976 
Be enacted by the Senate and House of Representatives of the Philippines in 
congress assembled: 
Section 7 .  Section 4 of Presidential Decree No. 968 is hereby amended to read 
as follows: 
Section 4 . Grant of Probation- Subject to the provisions of this Decree, 
the trial court may, after it shall have convicted and sentenced a 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 an application for probation 
shall be entertained or granted notwithstanding the defendant has 
perfected an appeal from such verdict of conviction which is probable, and 
thereafter has been affirmed or modified but still a probationable penalty by 
the appellate court; Provided, further that if the penalty which is not 
probationable was appealed and reduced to probationable penalty, that he 
be allowed for probation on the modified decision. 
Probation may be granted whether the sentence imposes a term of 
imprisonment or a tine only. An application shall be deemed waiver of the right to 
appeal. 
An order granting or denying probation shall not be appealable. 
Section 2. Section 9 of Presidential decree No. 968 is hereby amended to read 
as follows: 
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 
(6) years and one (1) year; 
b) Convicted of any crime against the national security or the public 
order, except in so far as articles 146, with reference to those 
persons who are merely present in the assembly, 147, 149, 151, 
153, 154, 155 and 156 of Title 111, Chapter Three to Chapter Five, 
Book II 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 more than two hundred pesos; 
d) Who have been once on probation under the provisions of this Decree; 
e) Who are already serving the sentence at the time the substantive 
provisions of this Decree became appealable pursuant to Section 33 
hereof. 
Section 3. Section 24 of Presidential decree No. 968 is hereby amended to read 
as follows: 
Section 24. Miscellaneous Powers of Regional, Provincial and City 
Probation Officers- Provincial and 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 person in authority. 
Section 4. Section 28 Presidential decree No. 968 is hereby amended to read as 
follows: 
Section 28. Volunteer Probation Officers.- To assist the Provincial or City 
Probation in the Provincial and City Probation Offices in the supervised treatment 
program in the clientele, the Probation Administrator may appoint citizens of 
good repute and probify 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 their 
actual costs 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 
transportations, 
food 
outlets 
and 
theatershinemas. They shall hold office for a two-year term which may be 
renewed or recalled anytime for a just cause depending upon the 
performance of their 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 reasonable number of Volunteer Probation Officers in 
every City and Provincial Probation Office. In order to strengthen the 
functional relationship of Volunteer Probation Officer and the Probation 
Administration, the latter shall encourage and support the former to 
organize themselves in the national, provincial and city levels for effective 
utilization, coordination and sustainability of the volunteer program. 
Section 5. Repealing Clause.- All laws, decrees, executive orders, rules and 
issuances inconsistent with this Act are hereby repealed, amended or modified 
accordingly. 


Section 6. Separability Clause.- If any portion or provision of this Act is declared 
unconstitutional or invalid, the other portions or provisions hereof which are not 
affected thereby shall continue in full force and effect. 
Section 7. Effectivity Clause.- This Act shall take effect fifteen (15) days following 
its publications in the Official Gazette or in any two (2) newspapers of general 
circulation. 
Approved.