SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_) 95 Aus 2013
FIRST REGULAR SESSION ) p

HOUSE OF REPRESENTATIVES

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

House Bill No.__2250
EXPLANATORY NOTE

The Parole and Probation Administration plays a very important role in our
society as it is the agency mandated and given the responsibility in assisting
probationers, parolees, pardonees, first-time minor drug offenders and juvenile in
conflict with the law placed on probation, to adjust their lives in a free community.
The agency tries to prevent these ex-law offenders from committing future criminal
acts as well as lend a hand in ensuring that, once freed, they will lead a more
productive useful life

Moreover, their work as investigators, supervisors and officers of the court,
expose them to a lot of danger as they may have to deal with dangerous criminal
offenders. They also may be assigned to areas, which may expose them to a lot of
risks and varied forms of hazards.

This bill seeks to improve and promote the social and economic status of our
probation and parole workers and personnel, as well as their living and working
conditions, terms of employment, professional growth, and career advancement.

Further, the proposed measure seeks to provide Probation and Parole
Workers additional compensation and incentives such as hazard pay, housing and
living quarters allowance, longevity pay, and compensation for injuries.

In view of the foregoing immediate approval of this measure is eamestly
sought.

MAXIMO 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__ 2200

AN ACT
PROVIDING FOR A MAGNA CARTA FOR PROBATION AND PAROLE WORKERS;
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Title. - This Act shall be known as the "Magna Carta for Probation and
Parole Workers".

SEC. 2. Declaration of Policy. - The State shall promote and improve the social,
moral and economic well-being of Probation and Parole Workers, their living and
working conditions, and terms of employment. It shall develop their skills and
capabilities to make them more responsive to the needs and problems of their clients
namely, the probationers, parolees, pardonees, first-time minor drug offenders and
juveniles in conflict with the law placed on probation and better equip them in
delivering community —_corrections/rehabilitation services and programs,
professionalize their positions and make them remain in probation and parole work.

SEC. 3. Definition of Terms. - As used in this Act, unless the context provides
otherwise, the following terms shall be construed to mean as follows

a. ‘Probation and Parole Work" ~ refers to the profession that promotes the
correction and rehabilitation of a convicted offender placed under probation,
parole and conditional pardon as provided by law by providing him
individualized community treatment programs through the use of innovative
intervention techniques;

». ‘Probation” - a disposition under which a defendant, after conviction and
sentence is released subject to conditions imposed by the Trial Court and to
the supervision of a Probation and Parole Officer;

c. "Parole" — shall refer to the conditional release of an offender from a penal or
correctional institution after he has served the minimum period of his prison
sentence under the continued custody of the State and under conditions that
permit his re-incarceration if he violates a condition of his release;

d. “Executive Clemency” — refers to reprieves, commutation of sentence,
conditional pardon or absolute pardon which exclusively rests within the
sound discretion of the President.

e. ‘Petitioner’ — a convicted defendant who files an application for probation;”

Probationer’ — person who is placed under probation;
“Parole” — shall refer to a prisoner who is released on parole;

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h. ‘Pardonee” — shall refer to a prisoner who is released on conditional pardon
with parole conditions

i. ‘First-time minor drug offender ” — youthful drug offender on probation under
RAQ165;

j. “Juvenile in Conflict with the Law” - a youthful offender charged and convicted
of an offense and placed on probation under RA 9344;

k. ‘Probation and Parole Worker" ~ refers to all Personnel employed in the
Parole and Probation Administration-Department of Justice;

|. “Trial Court” — refers to Court which originally tried the case;

m. ‘Parole and Probation Offices’ ~ refers either to the Central Office, Regional
Office, Provincial or City Parole and Probation Office of the Parole and
Probation Administration-Department of Justice;

n. "PPA-DOJ" ~ refers to the Parole and Probation Administration under the
Department of Justice

SEC. 4. Coverage. - This Act shall cover all Probation and Parole Workers of the
Parole and Probation Administration- Department of Justice.

SEC. 5. Recruitment and Selection. - Recruitment policies with respect to the
selection and appointment of Probation and Parole Workers shall be clearly defined
by the Parole and Probation Administration- Department of Justice.

SEC. 6. Security of Tenure, ~ Stability of employment and security of tenure shall be
assured the Probation and Parole Worker as provided under existing laws.

SEC. 7. Transfer or Reassignment. — A Probation and Parole Worker shall not be
transferred or reassigned, except when made in the interest of the service, in which
case the worker concerned shall be informed of the reasons therefor in writing. If the
Probation and Parole Worker believes that there is no justification for the transfer or
reassignment, he/she may appeal his/her case to the Civil Service Commission,
which may cause his/her transfer or reassignment to be held in abeyance. Provided,
however, that no transfer or reassignment shall be made three (3) months before any
local or national elections.

SEC. 8. Merit and Promotion and Career System. — The PPA-DO4J shall maintain its
existing career and personnel development plan applicable to all Probation and
Parole Workers. Such career and personnel development plan shall include
provisions on merit promotion, performance evaluation, in-service training grants,
suggestions and incentive award system

SEC. 9. Code of Conduct. - The duly approved Code of Ethics of Probation and
Parole Workers and RA 6713 shall be the bases in determining the Ethical
Standards of Probation and Parole Workers.

SEC. 10. Safeguards in Disciplinary Procedures. — Every Probation and Parole
Worker shall enjoy equitable safeguards at each stage of any disciplinary procedure
and shall have:

a. the right to be informed of the charges in writing;

b. the right to full access to the evidences of the case;


‘e the right to defend himself and to be defended by a representative of
his choice and/or by his organization, adequate time being given to the
officer for the preparation of his defense;

d. the right to confront witnesses presented against him/her and summon
witnesses in his/her behalf

e. the right to appeal to clearly designated authorities;

f, the right to reimbursement of reasonable expenses incurred in his/her
defense in case of exoneration of the charges against him or her; and
g. such other rights that will ensure fairness and impartiality during

proceedings

SEC, 11. Normal Hours of Work. - The normal hours of work of any Probation and
Parole Worker shall not exceed eight (8) hours a day or forty (40) hours a week

SEC. 12. Overtime Work. - Where the exigencies of the service so require, any
Probation and Parole Worker may be required to render service beyond the normal
eight (8) hours a day, inclusive of Saturday, Sunday or non-working holidays. In
such case, the Probation and Parole Worker shall be entitled to Compensatory-Time-
Off (CTO).

SEC. 13. Compensation, - The existing law on the salary scale of government
employees shall apply in determining the salaries of Probation and Parole Workers.
In case of violation of these provisions, the Probation and Parole Worker concerned
may file the necessary complaint to the Civil Service Commission (CSC).

SEC. 14, Leave Benefits. - Probation and Parole Workers shall be entitled to all
leave benefits and privileges, such as but not limited to maternity, paternity, vacation
and sick leaves, and special privilege leave as provided for under existing laws:
Provided, that upon separation of the Probation and Parole Worker from service,
they shall be entitled to all accumulated commutable leave credits with pay.

SEC. 15. Highest Basic Salary Upon Retirement. - Upon retirement, a Probation and
Parole Worker shall automatically be granted an increase of one salary grade higher
than his/her basic salary, and his/her retirement benefits shall be computed on the
basis of his/her highest salary received.

SEC. 16. Other Benefits. — Aside from the benefits received as required under
existing laws and executive orders, the Probation and Parole Workers shall receive
the following
a.) Hazard Pay — Probation and Parole Workers who are directly assisting
or performing functions which expose them to danger, occupational risks or
threats of life shall be compensated with hazard pay of at least Two Thousand
Five Hundred Pesos (P2,500.00) per month
b.) Living Quarters or Living Quarters Allowance ~ The PPA-DOJ shall
provide Living Quarters to each employee who are assigned more than fifty
(60) kilometers away from their residence. If Living Quarter is not available,
the Probation and Parole Workers shall be entitled to at least Three
Thousand Pesos (P3,000.00) a month of Living Quarters Allowance.


c.) Longevity Pay — A monthly longevity pay equivalent to five per centum
(5%) of his/her latest monthly basic pay shall be paid to a Probation and
Parole Worker for every five (5) years continuous, efficient and meritorious
service rendered as certified by the chief of office concerned, commencing
with the service after approval of this Act.

d.) Clothing Allowance - All Probation and Parole Workers shall be
entitled to a minimum of Five Thousand Pesos (P5,000.00) clothing allowance
annually, which amount shall be adjusted as needed.

e.) Medical Allowance — All Probation and Parole Workers shall receive a
minimum of Five Hundred Pesos (P500.00) medical allowance monthly, which
amount shall be adjusted as needed

SEC. 17. Compensation from Injuries. ~ Probation and Parole Workers shall be
protected against work-related injuries and be compensated equivalent to their daily
wage while in the period of rehabilitation in accordance with the Labor Code and
Civil Service Law, as the case may be

SEC, 18. Rights of the Probation and Parole Workers. — Probation and Parole
Workers shall have the following rights:
a.) Protection from discrimination by reason of sex, sexual orientation,
age, political or religious beliefs, civil status, physical characteristics, disability
or ethnicity;
b.) Protection from any form of interference, intimidation, harassment, or
punishment in the performance of his/her duties and responsibilities;
cc.) — Join, organize, or assist organizations or unions for lawful purposes;
d.) Protection from any act that will prevent him/her from applying
professional intervention for the client's development; and
@.) Opportunities for continuing professional growth and development

SEC. 19. Human Resource Development. - The PPA-DOJ shall conduct a periodic
human resource development and management study in the following areas;
a) Adequate facilities and resources to render quality rehabilitation
service to the clientele;
b,) Opportunities for Probation and Parole Workers to grow professionally
and to develop their potentials and experience a sense of worth and dignity in
their work;
¢.) Mechanisms for democratic consultations;
d.) Staffing patterns and standards of Probation and Parole Work to
ensure that the clients receive quality service. ;
e.) Upgrading of working conditions, reclassification of positions and
salaries of Probation and Parole Workers to correct the disparity vis-a-vis
other professions; and
f.) Allocations of funds for the participation of Probation and Parole
Workers in seminars, conferences, conventions and similar activities as part
of their continuing professional growth

SEC. 20. Appropriations. - The amount of SEVENTY MILLION PESOS
(P70,000,000.00) needed to carry out the provisions of this Act is hereby authorized
to be appropriated in the General Appropriations Act of the years following its


enactment into law, in addition to the amount appropriated for the Parole and
Probation Administration.

SEC. 21. Implementing Rules and Regulations. - The PPA-DOJ shall formulate the
necessary rules and regulations, not inconsistent with any provision of this Law for
the implementation of the Magna Carta for Probation and Parole Workers for the
Approval of the Secretary of Justice. The rules and regulations shall be promulgated
within six (6) months from the effectivity of this Act.

SEC. 22. Penal Provisions. — Any person who shall willfully interfere with, restrain or
coerce any Probation and Parole Worker in the discharge of his/her duties or shall in
any manner commit any act in violation of any of the provisions of this Act, upon
conviction, shall be punished of a fine not less than Twenty Thousand Pesos
(P20,000.00) but not more than Forty Thousand Pesos (P40,000.00) or
imprisonment of not more than One year, or both, at the discretion of the Court. If
the offender is a public official, the Court in addition to the above mentioned
penalties, may impose the additional penalty of disqualification to hold public office.

SEC. 23. Separability Clause. - |f any provision of this Act is declared
unconstitutional or invalid, the remainder thereof not affected thereby shall continue
to be in full force and effect.

SEC. 24, Repealing Clause. ~ All laws, decrees, orders, rules and regulations or
other issuance or parts thereof inconsistent with the provision of this Act are hereby
repealed, amended or modified accordingly.

SEC. 25. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in official gazette or in any newspaper of general circulation.

Approved,