Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

AN ACT
RATIONALIZING AND STRENGTHENING THE PROBATION SYSTEM BY
INCREASING INTER ALIA THE PROBATIONABLE PENALTY TO LESS THAN EIGHT
YEARS.

EXPLANATORY NOTE

This proposal seeks to strengthen the law to establish a more enlightened and
humane correctional system that promotes rehabilitative justice. It recognizes the fact that
everyone, if given an equal chance, can redeem themselves and be productive members
of society.

The bill which was introduced in the last three congresses amends Presidential
Decree 968. In this proposal offenders who have perfected their appeal before the courts
are still qualified to apply forn probation. It shall allow anyone who appeals his case in any
court on a non-probationable sentence which were eventually reduced by the appellate
court to probationable penalty to apply for probation. It also expands the probationable
term from six (6) years to eight (8) years.

Thus, the less graver 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.

The approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3568

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT

RATIONALIZING AND STRENGTHENING THE PROBATION SYSTEM BY
INCREASING INTER ALIA THE PROBATIONABLE PENALTY TO LESS THAN EIGHT
YEARS AMENDING FOR THE PURPOSE THE 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 is hereby 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 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 still be entertained or granted [if]

NOTWITHSTANDING THAT the defendant has perfected the appeal from

‘the judgment of conviction IF THE PENALTY METED OUT BY WHICH THE

APPELLATE COURT REMAINS PROBATIONABLE: PROVIDED,

FURTHER, THAT IF A JUDGMENT OR CONVICTION CARRYING OUT A


v

19

20

21

22

24

25

NON-PROBATIONABLE PENALTY HAS BEEN APPEALED, AND THAT
THE APPELLATE COURT HAS MODIFIED THE PENALTY INTO A
PROBATIONABLE PENALTY, THEN THE DEFENDANT SHALL STILL 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 the same Decree 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 more than
[six (6) ] 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, 181, 153, 164, 186, AND 186, OF TITLE I,
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] MORE THAN SIX

we


26

zy

(6) MONTHS and one day [and/or] AND a fine of not [less than two hundred]
MORE THAN ONE THOUSAND 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. Anew section to be denominateed as Section 16A is hereby inserted between

Sections 16 and 17 of the same Decree to read as follows:

“SEC. 16A. TOTAL EXTINCTION OF CRIMINAL LIABILITY. - THE CRIMINAL
LIABILITY OF AN OFFENDER IS TOTALLY EXTINGUISHED IF HE HAS BEEN’
SUCCESSFULLY TERMINATED FROM PROBATION SUPERVISION BY ORDER OF
THE COURT AND WHO FOR TEN (10) CONSECUTIVE YEARS FROM THE DATE OF
TERMINATION, DID NOT COMMIT ANY OTHER CRIME OR OFFENSE.”

SEC. 4. Section 24 of the same Decree 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. 5. Section 27 of the same Decree is hereby amended to read as follows:


“SEC. 27. Field Assistants, Subordinate Personnel. - Provincial or City
Probation Officers shall be assisted by such field assistants and subordinate
personnel as maybe necessary to enable them to carry out their duties
effectively.

IN THE ACTUAL PERFORMANCE OF THEIR DUTIES AND
RESPONSIBILITIES, THE PROBATION OFFICERS, THEIR FIELD
ASSISTANTS AND SUBORDINATE PERSONNEL SHALL BE ENTITLED
TO HAZARD ALLOWANCE OF NOT MORE THAN TWENTY PERCENT

(20%) OF THEIR MONTHLY BASIC SALARY.”

SEC. 6. Section 28 of the same Decree 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.]
VOLUNTEER PROBATION OFFICERS. - TO ASSIST THE CHIEF
PROBATION OFFICERS IN THE PROVINCIAL AND CITY PROBATION
OFFICES IN THE SUPERVISED TREATMENT PROGRAM OF THE
OFFENDER, 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).”

[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]

“VOLUNTEER PROBATION OFFICERS SHALL NOT RECEIVE ANY
REGULAR COMPENSATION FOR SERVICES RENDERED EXCEPT FOR
REIMBURSEMENT OF THEIR ACTUAL COST OF TRANSPORTATION IN
THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES.
THEY SHALL ALSO BE ENTITLED TO INSURANCE COVERAGE
PROVIDED BY THE GOVERNMENT; AND A TWENTY PERCENT (20%)
DISCOUNT ON ALL MEANS OF TRANSPORTATION, FOOD OUTLETS
AND THEATERS AND CINEMAS. THEY SHALL HOLD OFFICE FOR A
TWO-YEAR TERM WHICH MAY BE RENEWED OR RECALLED ANYTIME
FOR A JUST CAUSE. THEIR FUNCTIONS, QUALIFICATIONS,
CONTINUANCE IN OFFICE AND MAXIMUM CASE LOADS 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 STRENGHTEN 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, PROVINCIAL AND CITY LEVELS FOR EFFECTIVE
UTILIZATION, COORDINATION AND SUSTAINABILITY OF THE

VOLUNTEER PROGRAM.”


4

5

.

SEC 7. Separability Clause. - If any provision of this Act is declared invalid, the

provisions thereof not affected by such declarations shall remain in force and effect.

SEC. 8. Repealing Clause. - All laws, executive order or administrative orders, rules
and regulations or parts thereof, which are inconsistent with this Act, are hereby amended,

repealed or modified accordingly.

SEC. 9. Effectivity. - This Act shall take effect after fifteen (15) days after publication in

the Official Gazette or in two (2) national newspapers of general circulation.

Approved,