FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No._ 2 85 5

EXPLANATORY NOTE

It is the policy of the State to promote and improve the social 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 and pardonees, and better equip
them in delivering correction/rehabilitation services and programs and remain in
probation and parole work

Probation and Parole Workers are essential elements of our society.
They protect the public from crimes. They are responsible to assist ex-
offenders to adjust to life in a free community and to prevent future criminal
acts. They work towards retuming law offenders to useful, productive lives.
They are also officers of the courts and are responsible for enforcing court
orders.

Probation and Parole Workers deal with criminal offenders who may
be dangerous. The areas in which they work may also be dangerous. They
assess the risk an offender may pose to the community, and how that risk
should be contained. The aim of probation supervision is to reduce the
likelihood of further offending, to ensure the proper punishment of offenders, to
rehabilitate the offender back into the community and thus reduce crime

Considering the importance of Probation and Parole Workers in our
society, it is also equally important to protect their rights and to promote their
well being.

In view of the foregoing, the passage of this bill is earnestly sought.

RUFUS B. RODRIGUEZ

ned //


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__© 999

AN ACT
PROVIDING FOR A MAGNA CARTA FOR PROBATION AND PAROLE
WORKERS

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

SECTION 2. Declaration of Policy. The State shall promote and
improve the social 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 and pardonees,
and better equip them in delivering correction/rehabilitation services and
programs and remain in probation and parole work.

SECTION 3. Definition of Terms. As used in this Act, unless the
context provides otherwise, the following terms shall be construed as follows:

(2) “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 by providing him individualized
treatment programs through the use of innovative 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 Officer,

(©) “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) “Conditional Pardon”- shall refer to the exemption of an individual,
within certain limits of conditions, from the punishment which the law inflicts for


the offense he has committed resulting in the partial extinction of his criminal
liability;

(e)"Petitioner"— a convicted defendant who files an application for
probation;

(f “Probationer” — person who is placed under probation;
(g) “Parolee” — shall refer to a prisoner who is released on parole;

(h) “Pardonee”- shall refer to a prisoner who is released on conditional
pardon with parole conditions;

(i) “Probation and Parole Worker” — a public officer like the
Administrator, Deputy Administrator, Regional Director, Assistant Regional
Director, Chief Probation and Parole Officer (CPPO), Supervising Probation and
Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Probation
and Parole Officer Il (PPO II), Probation and Parole Officer | (PPO |) and other
personnel, who investigates for the Trial Court a referral for probation or
‘supervises a probationer, parolee or pardonee or does both functions and
Performs other necessary and related duties and functions as directed;

@) “Trial Court” - refers to the Regional Trial Court (RTC) of the
Province or City/Municipal Court which has jurisdiction over the case;

(&) “Parole and Probation Administration” — refers either to the
Central Office, Regional Office, Provincial or City Parole and Probation Office
directed to conduct investigation or supervision referrals as the case may be;

()) “Probation Order” — order of the Trial Court granting probation;

(m) “Board” — refers to the Board of Pardons and Parole;

(n) “PPA” — refers to the Parole and Probation Administration.

SECTION 4. Coverage - This Act shall cover all Probation and Parole
Workers employed in the Parole and Probation Administration.

SECTION 5. Recruitment and Selection — Recruitment policy with
respect to the selection and appointment of Probation and Parole Workers shall
be clearly defined by the Parole and Probation Administration

SECTION 6. Tenure of Office — Stability of employment and security of
tenure shall be assured the worker as provided under existing laws.

SECTION 7. Transfer and Transportation Expenses — A Probation
and Parole Worker shall not be transferred or reassigned, except when made in
the interest of the service, in which case, the officer concerned shall be
informed of the reasons therefore in writing. {f the officer believes that there is


no justification for the transfer or reassignment, he/she may appeal his/her
case to the Civil Service Commission, which shall cause his/her transfer or
reassignment to be held in abeyance. Provided, however, that no transfer or
reassignment shall be made three months before any local or national
elections.

Necessary transfer or reassignment expenses of the probation and
parole worker shall be paid by the Govemment if his/her transfer is finally
approved.

SECTION 8. Merit Promotion and Career System — The PPA shall
Prepare a uniform 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

SECTION 9. Code of Conduct ~ In the absence of the duly approved
Code of Ethics of Probation and Parole Workers, RA 6713 shall be the basis in
determining the Ethical Standards of Probation and Parole Workers.

SECTION 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 in writing of the charges;

(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 appeal to clearly designated authorities.

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

(f) such other rights that will ensure faimess and impartiality during
proceedings.

No publicity shall be given to any disciplinary action being taken against
@ probation and parole worker during the pendency of his case.

SECTION 10. 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.

SECTION 11. 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 workers shall be paid
an additional compensation in accordance with existing laws.

SECTION 12. 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 shail file the necessary complaint to the CSC.

SECTION 13. 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
workers from service, they shall be entitled to all accumulated leave credits with
pay.

SECTION 14. 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.

SECTION 15. Other Benefits — Aside from the benefits received as
required under existing laws and executive orders, the probation and parole
workers shall receive the following:

(a) Hazard Pay — Probation and Parole Workers who are directly
conducting investigation and supervision work which exposed them
to danger, occupational risk or threats of life shall be
compensated with hazard pay of at least One Thousand Pesos
(P 1,000.00) per month.

(b) Housing and Living Quarters Allowance — All probation and parole
workers who are transferred to another assignment due to the
exigency of the service shall be entitled to free housing. Provided, if
living quarters are not available within the agency and the personnel
has his/her residence outside of fifty (50) kilometers radius from such
government facility, he/she shall be entitled to at least Two Thousand
Pesos (P 2,000.00) a month of housing allowance.

(c) 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 of continuous,
efficient and meritorious service rendered as certified by the chief of
office concemed, commencing with the service after approval of this

Act.

(d) Clothing Allowance — All probation and parole workers shall be
entitled to a minimum of Four Thousand Pesos (P 4,000.00) clothing
allowance annually, which amount shall be adjusted as needed.

(e) 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.

SECTION 16. Compensation from Injuries. Probation and Parole
Workers shall be protected against work-related injuries in accordance with the
Labor Code and Civil Service Law, as the case may be. Injuries incurred while
doing overtime work shall be presumed work connected.


SECTION 17. 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, to
include, but not limited to, arbitrary reassignment or termination from
service;

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

|. Protection from any act that will prevent his/her from applying
professional intervention for the client's development; and

e. Opportunities for continuing professional growth and development.

29

SECTION 18. Human Resource Development — The PPA shall
conduct a

periodic human resource development and management study in the following
areas’

to develop their potentials and experience a sense of worth and dignity in
their work;

c. Mechanisms for democratic consultations;

d. Staffing patterns and standards of probation and parole work to ensure
that the clients receive quality services;

e. Upgrading of working conditions, reclassification of positions and salaries
of probation and parole workers to correct the disparity vis-as-vis other
professions; and

f. Allocation of funds for the participation of probation and parole workers in
‘seminars, conferences, conventions and similar activities as part of their
continuing professional growth.

SECTION 19. Implementing Rules and Regulations. The PPA in
consultation with the Secretary of Justice as well as the Chairperson of the
Senate Committee on Social Justice Welfare and Rural Development and
Chairperson of the House Committee on Social Services 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.

The rules and regulations shall be promulgated within six (6) months from the
effectivity of this Act.

SECTION 20. 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 by a fine of not less
than Twenty Thousand Pesos (P 20,000.00) but not more than Forty Thousand


Pesos (P 40,000.00) 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.

SECTION 21. Separability Clause. if any provision of this Act is
declared unconstitutional or invalid, the remainder thereof not affected thereby
shall continue in full force and in effect.

SECTION 22. Repealing Clause. All laws, ordinances, rules and
regulations, other issuances or parts thereof which are inconsistent with this
law are hereby repealed, amended or modified accordingly.

SECTION 23. Effectivity — This Act shall take effect fifteen (15) days
after its publication in at least two newspapers of general circulation.

Approved,