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“BN ACT RATIONALIZING AND STRENGTHENNG THE PROBATION SYSTEM BY
INCREASING INTER ALIA THE PROBATONABLE PENALTY TO LESS THAN EIGHT
YEARS AMENDING FOR THE PURPOSE THE PERTINENT PROVISIONS OF
PRESIDENTIAL DECREE NO. 968, OTHERW:SE KNOWN AS THE ‘PROBATION LAW OF
1678. AS AMENDED”,

be approved in substitution of House Bill Nos. $95. 1505 and 2625 wits Representatives
Gicmgic: B. Aggabao, Rufus B. Rodriguez. Maximo 8. Rodriguez. Jr. Marcelino R. Teodoro
Emerenciana De Jesus. Juan Edgardo M. Angara, Cresente Paez, Francisco Emmanse R
Onaga Ill. Eduardo R. Gullas. Emil L. Ong, Martyn |. Primicias-Agabas, Pedro P. Romualdo
anc Rachel Marguerite 8 Del Mar as authors therect.

Respectfully submitted.

L. PRIMICIASLAGABAS:
Chairpeon
Committee on Revisfon of Laws



Repuolic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
Third Regular Session

House BiLLNo. 5044
In Substitution of House Bill Nos 593. 1505 and 262:

Introduced by Representatives Giorgidi B. Aggabao. Rufus 8. Rodriguez, Maximo B
Roshiguez Jr. Marealino R. Teodoro, Emerenciana de Jesus, Juan Edgardo M. Angara
Gresente Paez Fransisco Emmanuel R. Ortega Hil, Eduardo R, Gullas, Emii L. Ong
Mar'yn L Prmicias-Agabas. Pedro ®. Romuaido and Rachel Marguerite 8. Del Mar

ANACT

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 eed House of Representatives of the Philippives in
Congress Assembled.

SECTION 1 Section 4 of Presidential Decree Nc. 968 is heraby amended to read
as ‘ollows,

SEC. 4 Grant of Probation. - Subject to the provisions of this

Decree the ‘rial court may, after it shal! have convicted and sentenced a

defendant FOR A PROBATIONABLE PENALTY. and upon application by

said deferdant within the pericd for perfesting 21 appeal. suspend tne

execution of the sentence and place the defendant on probaton for such

tetioc and upon such terms ana conditions as it may deem bust. Provided

that {no} AN application for probation shai! stil ve entertained or granted [if]

NOTWITHSTAND:NG THAT the defendant has peected at appea! from

the judgment of conviction IF THE PENALTY METED OUT


3Y WHICH THE APPELLATE COURT REMAINS PROSATIONABLE
PROY.DED. FURTHER. THAT IF A JUDGMENT OR CONVICTION

PENALTY HAS SEEN

TARRYING OUT A NON-PROBATIONA:
APPEALED, AND THAT THE APPELLATE COURT HAS MODIFIED THE
ENALTY INTO A PROBATIONABLE PENALTY THEN THE DEFENDANT
SHALL STILL BE ALLOWED TO APPLY FOR PROBATION ON THE
MODIFIED DECISION

Probation may be granted whethe: the sentence imposes a term cf
“nonsonment or a fine onty. Ap application for orebation shal. be filed with
tne fia! court The filing of the application shaii be deemed 4 waiver of the
ght to appeal,

An order granting or denying probation $1a't rot be aoovatable.”
SEC. 2, Section 9 of the same Decree is hereoy amended to :ead as follows

“SEC § Disqualified Offenders — The benefits of ths Decree’ shall

nat be extended to those:

# more than

@ sentenced to serve a maximun term of imprisonment

} EIGHT (8) years

«dof [ subversion or J any crime against the national security

the puniic order [|]. EXCEPT UNDER ARTICLES 145 SPECIFICALLY
WTH REFERENCE TO ANY PERSON MERELY PRESENT AT SUCH

AND 155. OF TITLE ‘Il

EMBLY 147, 148. 149. 151, 183, 154. +

C-AFTER THREE TO CHAPTER FIVE. BOOK i OF THE REVISED
PENAL CODE

‘S  wno have previously been convicted by finai judgment of an offense

punished by imprisonment of not [less than ore month? MORE THAN SIX


(6) MONTHS and one day [and/o"? AND a fine of not [less than two hundrec}
2 MORE THAN ONE THOUSAND peses.

id} who nave been ence on prokator under the pravisions of ihis

Decree. and
: je) who are alreacy serving sentence at the time the substantive
6 provisions of this Decree necame appicable pursuant to Section 33 hereot.

7 SEC. 3. A new section to 22 denominateed as Section 16A is hereby msetec
8 between Sections 16.and 17 of the sarre Decree to read as follows:

¥ “SEC 16A. TOTAL EXTINCTION OF CRIMINAL LIABILITY - THE CRIMINAL
Ia LIABILITY OF AN OFFENDER IS TOTALLY EXTINGU:SHED IF HE HAS BEEN
©) SUCCESSFULLY TERMINATED FROM PROBATION SUPERVISION BY ORDER OF
:3 THE COURT AND WHO FOR TEN (10; CONSECUTIVE YEARS FROM THE DATE OF
1} TERMINATION, DID NOT COMMIT ANY OTHER CRIME OR OFFENSE.

SEC. 4 Sect'on 24 of the sama Decree is neeby amended to read as foliows:

i

6 “SEC 24. Miscellaneous Puwers of HONAL, Provinciat and City
"7 Probation Officers. - REGIONAL Provincia! or City Probation Officers shal’
18 have the autnonty withir their territorat jurisdiction to edminister oaths anc
19 acknewladgments and tc take desasitiors in connection with their dutes

and funstions under tnis Decree They shall alsc have. with respect to

a provatoners under their care. the sewers of a police office. THEY SHALL

x BE CONSIDERED AS PERSONS !N AUTHORITY"

3 SEC. 5. Section 27 of the same Decree 5 hereby amended to read as follows
uM SEC. 27. Field Assistants Subordinate Perscnnel. - Provincia! or City
2s Probation Officers shal be assistec by such field assistants and subordinate

% personnel as maybe necessary to enable them fo cary out their duties


etecnvely
SEC. 6. Section 28 of the same Decree is hereny amended te read as follows:
“SEC. 28. [Probation Aides - Te assis: ‘he Provincial or City Probation
Offcers 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 JN THE PROVINCIAL AND CiTY PROBATION
OFFICES IN THE SUPERVISED TREATMENT PROGRAM OF THE
OFFENDER, THE PROBATICN 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 shail 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 foads stall be providec 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 CCST OF TRANSPORTATION IN
THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES.

THEY SHALL ASO BE ENTITLED 7O 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


i TWO-YEAR TERM WHICH MAY BE RENEWED OR RECALLED ANYTIME
FOR A JUST CAUSE THSIR FUNCTIONS. QUALIFICATIONS

INTINUANCE IN OFFICE AND MAXIMUM CASE LOADS SHALL BE

FURTHER PRESCRIBED UNDER THE IMPLEMENTING RULES AND
Bd REGULATIONS TO BE PROMULGATED BY THE PROBATION
& ADMINISTRATOR,

- THERE SHALL BE REASONASLE NUMBER OF VOLUNTEER
s PROBATION OFFICERS IN EVERY CITY AND PROVINCIAL PROBATION
4 OFFICE IN ORDER TO STRENGHTEN THE FUNCTIONAL

RELATIONSHIP OF VOLUNTEER PROBATION OFFICERS AND THE
COURAGE AND.

PROBATION ADMINISTRATION, THE LATTER SHALL

SUPPORT THE FORMER TO ORGANIZE THEMSELVES IN THE

is NATIONAL, PROVINCIAL AND CITY LEVELS FOR EFFECTIVE

ie UTILIZATION, COORDINATION AND SUSTAINABILITY OF THE

3 VOLUNTEER PROGRAM."

is SEC 7. Separablity Clause. - if any provision of this Act is dectarec invalid. the

- provisions theraof not affected by such dec'aravrons shall remain in ferce and effect

S SEC. 8. Repeating Clause. - Ali aws executive order or administrative orgers. 1
9. ang “egulations or parts thereof, which are inconsistent witn this Act, are nersby amenge::

lu repeaied or modified accoraing!y.

fi SEC. 9. Effectivity. - This Act sraii take effect fifteen (15) days afer publication 7
tne Officiai Gazette or in two (2) national newspapers cf genera! circulation

a3 Approved.


House of Representatives
Committee Affairs Department

FACT SHEET

House Bill Nos. 593, 1505 and 2625

AN ACT RATIONALIZING AND STRENGTHENING THE PROBATION
SYSTEM, AMENDING FOR THE PURPOSE THE PROBATION LAW OF 1976

Introoueed by. (REPRESENTATIVES GIORGIDI B. AGGABAQ, RUFUS RODRIGUEZ, MAXIMO 8.
RODRIGUEZ, JR,, MARCELINO “MARCY R. TEODORO, EMERENCIANA DE
JESUS, JUAN EDGARDO M. ANGARA, CRESENTE PAEZ, FRANCISCO
EMMANUEL R. ORTEGA I!f, EDUARDO R. GULLAS, MARLYN L. PRIMICIAS-
AGABAS, PEDRO P. ROMUALDO AND RACHEL MARGUERITE B, DEL MAR)

Committee Referray REVISION OF LAWS
Committee Chairman HON. MARLYN L. PRIMICIAS-AGABAS

OBJECTIVES:

+ To strengthen the Probatior aw oy establishing a correctional system that will
‘ehabilitate and restore the dignity of prsoners

+ To remedy the problem of overcrowding in jails
+ To lessen government expenaiture

KEY PROVISIONIS:
» Allows offender whe had appealed the:r sentence to apply for probation,

«Allows those wno appeal a non-prodatonable sentence that Is reduced to a
probationable penalty by the appeliate court to apoly for probation:

* Expands the probationable crm from six (6) years to eight (8) years:

«Removes the exclusion trom probat or of atl crimes falling under Public Order “om
probation. thus separating the tess crave felonies and making violaticns o° Arts. *
148. 149 151, 153. 154. 155. and 136 of the Revised Penal Code probatioy
offenses

+ Mancates that the penatty for ‘ight felony 1s a fine of two (200) hundred pesos or te

"Vests the Regional Director of the Bureau of Jail Managernent and Pero 29y
administrative and miscellaneous powers as those vested to the Provincial and city
Probation Officers under their jurisdiction: and

+ Ennances volunteer service in its thrust tc sirengthen volunteerism to complemen: the
Parole and Probation regular worxfarce