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

HOUSE OF REPRESENTATIVES

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

3

House Bill No.
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 2819 by the
undersigned Rufus B. Rodriguez during the Fourteenth Congress. It was
approved by the Committee on Revision of Laws as substitute House Bill No.
6940 under Committee Report No. 2458, dated October 19, 2009. It was
approved by the House of Representatives on December 8, 2009 and
transmitted to the Senate on December 10, 2009 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.

RUBUS B. iGUEZ

U4

MAXIMO B. RODRIGUEZ, JR.


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

HOUSE OF REPRESENTATIVES

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

5

ive}

House Bill No. o;

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 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 AN application for probation shall be entertained or granted
NOTWITHSTANDING the defendant has perfected an appeal
from SUCH VERDICT OF CONVICTION, AND THEREAFTER
HAS BEEN METED A PROBATIONABLE PENALTY BY THE
APPELLATE COURT: PROVIDED, FURTHR, THAT IF THE
PENALTY WHICH IS NOT PROBATIONABLE WAS
APPEALED AND REDUCED TO PROBATIONABLE
PENALTY, THEN HE SHALL 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.”

SEC.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:

@) Sentenced to serve a maximum term of
imprisonment of more than EIGHT (8) years;
(b) Convicted of any crime against the national

security or the public order, EXCEPT UNDER
ARTICLES 146 SPECIFICALLY WITH
REFERRENCE TO ANY PERSON MERELY
PRESENT AT SUCH ASSEMBLY, 147, 148,
149, 151, 153, 154, 153 AND 156 OF TITLE
Ill, 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 than one (1) month and
one (1) day and/or a fine of MORE THAN two

hundred pesos (P200);

@ 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. 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
fictions 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. 4, Section 28 of Presidential Decree No. 968 is hereby amended to read as
follows:

“SEC. 28. 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)”.

“VOLUNTEER PROBATION OFFICERS SHALL NOT
RECEIVE ANY REGULAR COMPENSATION FOR SERVICES
RENDERED EXCEPT FOR REIMBURSEMENT OF THE


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
DEPENDING UPON THEIR PERFORMANCE OF
FUNCTIONS. 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 A REASONABLE NUMBER OF
VOLUNTEER PROBATION OFFICERS IN EVERY CITY AND
PROVINCIAL PROBATION OFFICE IN ORDER TO
STRENTHEN THE FUNCTIONAL RELATIONSHIP OF
VOLUNTEER PROBATION OFFICERS AND THE
PROBATION ADMINISTRATION, THE LATTER SHALL
ENCOURAGE AND SUPPORT THE FORMER TO ORGANIZE
THEMSELVES IN THE EFFECTIVE UTILIZATION,
COORDINATION AND SUSTAINABILITY OF THE
VOLUNTEER PROGRAM”.

SEC. 5. Separability Clause. ~ If any part, section or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in full

force and effect.

SEC. 6. 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.

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days following its

Publication in the Official Gazette or in any newspaper of general circulation.

Approved,