" 
" 
SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regu lar Session 
) 
) 
) 
SENATE 
Senate Bill No. 1935 
'13 
NOV 18 P5 :50 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
The Prevailing Doctrine on Probation cited in the case of Pablo C. 
Francisco us. Court of Appeals and the Honorable Maximo C. Contreras, 
G. R. No. 108747 April 6, 1995 elaborat~d that, Probation is a special 
privilege granted by the state to a penitent qualified offender. It 
, 
essentially rejects appeals and encourages an otherwise eligible convict 
to immediately admit his liability and save the state of time, effort and 
expenses to jettison an appeal. As added by the Court the law expressly 
requires that an accused must not have appealed his conviction before 
he can avail of probation. This outlaws the element of speculation on the 
part of the accused -
to wager on the result of his appeal -
that when 
his conviction is finally affirmed on appeal, the moment of truth well-
right at hand, and the service of his sentence inevitable, he now applies 
for probation as an "escape hatch" thus rendering nugatory the appellate 
court's affirmance of his convictio~;:' Consequently, p~oba~ion should be 
availed of at the first opportunitY by convicts who are willing to be 
reformed and rehabilitated, who manifest spontaneity, contrition and 
remorse. 
Without negating the objectives of the existing Law on Probation, 
the amendments and additions in P.D. 968 particularly Sec. 4, 9, 16-A, 
24, and 28 introduced in this Bill is sought to further strengthen the 
probation system in our country. Section 4 of P.D. 968 is amended to 
cover the grant of probation to cases where the convict appealed his 
conviction and the appellate court has modified the penalty from non-
probationable to probationable penalty and also to include cases of 
defendants who filed an appeal of his conviction. Section 9 amended the 
list of Disqualified Offenders as stated - The benefits of this Decree 
shall not be extended to those: (a) sentenced to serve a maximum term of 
imprisonment of more than eight years; (b) convicted of 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 III, 
CHAPTER THREE TO CHAPTER 
FIVE, BOOK II OF THE REVISED PENAL CODE; and (c) who have 
previously been convicted by final judgment of an offense punished by 
imprisonment of not MORE THAN SIX MONTHS and one day AND a fine 
of not MORE THAN ONE THOUSAl'fD PesoS. 


In addition to the amendments, probation officers are to be 
considered as a person in authority defined under the Revised Penal 
Code and the creation of the post of the Voluntary Probation Officers 
with 
no 
compensation 
but 
reitnbursement 
of actual 
cost 
of 
transportation during the performance of their duties. 
The author believes that the above-stated amendments of P.D. 968 
will not only resolve conflicting issues as to the scope of th,e applicability 
of Law and Jurisprudence on Probation but will also be a means of 
rationalizing and strengthening the probation system in the Philippines. 
In view of the foregoing, approval of this bill is earnestly sought. 
'"' <s(y- . { 
JOSEPH VICTOR G. EJERCITO 
Senator 


.' 
SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 1935 
'13 
NOV 18 P5:50 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT RATIONALIZING AND STRENGTHENING THE PROBATION 
SYSTEM BY INCREASING INTER ALIA THE PROBATIONABLE 
PENALTY TO LESS THAN EIGHT(S) 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 Qf 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] 
NOTWITHSTANDING 
THAT AN application for 
probation shall be entertained or granted [if]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 STIJ,L BE ALLOWED TQ 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." 
SECTION 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 imptisortment 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 III, 
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 I}Qt [less than one month] MORE 
THAN SIX MONTHS and one day[andjor] 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 
(e) who are already serving sentence at the time the substantive 
provisions of this Decree became . applicable pursuant to Section 33 
hereof." 
SECTION 3. A new section to be denominated as Section 16-A is 
hereby inserted between Sectiops 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." 
SECTION 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." 
SECTION 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." 
, 


SECTION 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, APTI1'UDE 
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 SlIALL 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." 
SECTION 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. 
SECTION 8. Repealing Claus~. -:- 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. 


SECTION 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,