Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. __ LO 66 \ SlWoey 8

Introduced by Honorable Neptali M. Gonzales II

EXPLANATORY NOTE

Our Probation Law under Presidential Decree No, 968 is based on the
notion that punishment should be inflicted on offenders with the end in view of
reforming them to make their re-integration into society easier, giving priority to
the importance of rehabilitation. Instead of imprisonment, probation provides for
conditional suspension of punishment, community service and other forms
punishment which may entail guidance and aftercare towards the offender.

This bill seeks to strengthen the Probation Law by amending several of its
salient provisions. If passed into law, one of the significant amendments allows
offenders to avail of the benefits of probation even if they have perfected an
appeal from the judgment of conviction provided the penalty meted out remains
probationable. Presently under the law, an appeal automatically disqualifies the
offender from availing of probation.

There is an urgent need for the enactment of this measure, hence passage
of this bill is earnestly sought.

NEPTALI M. GONZALES II "



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No, __ 1066

Introduced by Honorable Neptali M. Gonzales II

AN ACT
RATIONALIZING AND STRENGTHENING THE PROBATION SYSTEM BY
INCREASING INTER ALIA THE PROBATIONABLE PENALTY TO LESS THAN
EIGHT (8) 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 of 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] AN application for probation shall be entertained or
granted [if] NOTWITHSTANDING THAT 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


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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 STILL 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, 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.”

SEC. 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 imprisonment 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
Il OF THE REVISED PENAL CODE;

“(c) who have previously been convicted by final judgment of an

offense punished by imprisonment of not [less than one month] MORE


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‘THAN SIX MONTHS and one day [and/or] 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.”

SEC, 3. A new section to be denominated as Section 16-A is hereby inserted

between Sections 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.”

SEC. 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.”


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SEC. 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.”

SEC. 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, 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 THEIR ACTUAL COST OF


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‘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 SHALL 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.”

SEC. 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.


SEC. 8. Repealing Clause. ~ 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.

SEC. 9. Bffectivity. - 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,