Republic of the Philippines
HOUSE OF REPRESENTATIVEY
Quezon City

SIXTEENTH CONGRESS
First Regular Session

117

HOUSE BILL NO.

Introduced by Representative Giorgidi B. Aggabao

EXPLANATORY NOTE

The Probation Law of 1976 (Presidential Decree 968, as amended), is one of the
statutes designed to reform offenders in our society. Instead of traditional incarceration,
probation provides for conditional suspension of punishment so that a less costly
alternative to imprisonment is instituted. Additionally, probation entails an
individualized, community based treatment of certain offenders. It also establishes a
more enlightened and humane correctional system that promotes the reformation,
rehabilitation and dignity of offenders.

This bill seeks to amend five (5) salient points of the Probation Law.

First, this bill proposes to remove the disqualification of those offenders who,
haying been sentenced to a probationable penalty, files an appeal. The bill provides
that, in such a case, the offender could still avail of the benefits of probation, so long as
the penalty meted out on appeal remains probationable. Upon the other hand,
offenders who, having been sentenced to a non-probationable penalty files an appeal,
may still avail of the benefits of probation so long as the penalty meted out on appeal is
modified to a probationable penalty.

Second, this bill proposes to disqualify offenders convicted to serve a maximum
of eight years, in lieu of six years and one day under the existing probation law.
Otherwise put, the probationable period is proposed to be increased from less than 6
years and one day to less than eight years.


Third, this bill proposes to grant the benefits of probation to offenders sentenced
for crimes against public order that are classified as less grave felonies. Thus, crimes
committed in violation of Articles 146, 147, 148, 149, 151, 155, 156, 157 and 159 of the
Revised Penal Code would now be probationable offenses.

Fourth, the bill explicitly vests to Regional Directors the same miscellaneous
powers enjoyed by Provincial and City Probation Officers, and considers all of them as
persons in authority.

Fifth, the bill renames the Volunteer Probation Aide under the existing law, into
Volunteer Probation Officers in order to attract and encourage more civic-minded and
responsible members of the private sector to work hand in hand with the Probation and
Parole personnel in the rehabilitative effort of the government.

In view of the foregoing premises, approval of the Bill is earnestly sought.

GIORGIDI : Ajcasao


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

117

HOUSE BILL NO.

Introduced by Representative Giorgidi B. Aggabao

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 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 of 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 an appeal from

the judgment of conviction, IF THE PENALTY METED OUT BY THE

APPELLATE COURT REMAINS A PROBATIONABLE PENALTY;

PROVIDED, FURTHER, THAT IF A NON-PROBATIONABLE SENTENCE

HAS BEEN APPEALED, BUT THAT THE APPELLATE COURT HAS

MODIFIED THE SENTENCE INTO A PROBATIONABLE PENALTY,


THEN DEFENDANT SHALL STILL BE ALLOWED TO APPLY FOR
PROBATION BASED 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 Presidential Decree No. 968 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, 151, 153, 154, 155, AND 156, OF TITLE Il,
CHAPTER THREE TO CHAPTER FIVE, BOOK II OF THE REVISED
PENAL CODE;
(©) Who have previously been convicted by final judgment of an offense
punished by imprisonment of not less one month and one day, and/or a
fine of not less than two hundred pesos;
(a) 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. Section 24 of Presidential Decree No. 968 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 4. Section 28 of Presidential Decree No. 968 is hereby amended to read

as follows:

“SEC. 28. [Probation Aides. - To assist the Provincial and 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
CLIENTELE, 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 caseloads 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 A 20% DISCOUNT ON ALL


MEANS OF TRANSPORTATION, FOOD OUTLETS AND
THEATERS/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, MAXIMUM CASE LOADS AND RELATED MATTERS 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 OFFICER IN EVERY CITY AND PROVINCIAL PROBATION
OFFICE. IN ORDER TO STRENGHTEN THE FUNCTIONAL
RELATIONSHIP OF VOLUNTEER PROBATION OFFICER 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.”

SECTION 5. 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.

SECTION 6. Effectivity. - This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in any newspaper of general circulation.

Approved.