SIXTEENTH 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, 1087
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 2819 by the
undersigned Rufus B. Rodriguez during the Fourteenth Congress where it
was approved by the House of Representatives and transmitted to the
Senate. It was again re-filed during the 15" Congress as House Bill No. 593
where it was again approved by the Committee on Committee on Revision of
Laws and substituted by House Bill No. 6544, approved on 2™ reading,
approved on 3” reading and was transmitted to the Senate where it was not
acted upon.

This bill seeks to allow an accused to avail of probation even after
appeal from the decision of the trial court in cases where the appellate court
lowers the penalty to six years or below.

Under Presidential Decree No. 968 or the Probation Law of 1976, an
accused can only avail of the benefits of probation after conviction by the trial
court. In fact, no application for probation may be entertained or granted if the
defendant has perfected an appeal from the judgment of conviction

This bill therefore seeks to extend the benefits of probation when the
sentence imposed by the trial court is, upon appeal, reduced by the appellate
court to six years or below. It is but equitable and just to grant the privilege as
the accused had already wasted a long time waiting for the finality of his
conviction

In view of the foregoing, approval of this bill is urgently requested.

IAXIMO B. RODRIGUEZ, JR.



SIXTEENTH 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, 10877

AN ACT
RATIONALIZING AND STRENGTHENING THE PROBATION SYSTEM,
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, 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
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 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 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, as amended, is hereby further
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] EIGHT years;

“(b) convicted of [subversion or] any crime against
the national security or the public order{] EXCEPT
UNDER ARTICLE 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] MORE THAN SIX
MONTHS and one day [and/or] AND a fine of not
[less than Two Hundred] MORE THAN ONE
THOUSAND [P]Pesos;

“(d) who have been once on probation under the
provisions of this Decree; and

“(@) who are already serving sentence at the time
the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”

SEC. 3, A new section to be denominated as Section 16-A is hereby inserted
between Sections 16 and 17 of the same Decree to read as follows:
“SEC. 16-A, 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 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 may be necessary to
enable them to carry out their duties effectively."

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.}

“[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. -
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).

“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 PROVINCIAL AND CITY PROBATION
OFFICE. IN ORDER TO STRENGTHEN THE
FUNCTIONAL RELATIONSHIP OF VOLUNTEER
PROBATION OFFICERS AND THE PROBATION
ADMINISTRATOR, 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."

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 orders 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 fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general
circulation

Approved,