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i ~IXTE'E~TH CONGRESS OF THE 
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'" IFirst Regular Session 
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'13 
JUL 22 1'2 :13 
SENATE 
S.No. 1008 
Introduced by Senator Antonio "Sonny" F. Trillanes' IV 
EXPLANATORY NOTE 
The Parole and Probation Administration plays a very important role in our society as it is the 
agency: fj1andatcd 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 th¢ir lives" in a free community. The agency tries to prevent these ex-law offenders from 
. c~mmit,ti~g future criminal acts as well as lend a hand in ensuring that, once freed, they wi111ead 
more prdpuctive and useful lives. 
Moreover, because of their work as investigators, supervisors and officers of the court, agency 
¢mploy,ees and officials are exposed to a lot of danger as they may have to deal with law 
offenders. They also may be assigned to areas which may expose them to a lot of risks and 
variousJorms of hazards. 
,This bill seeks to improve and promote the social and economic status of our Probation and 
Parole I, Workers, as well as their living and working conditions, terms of employment, 
professional growth and provide for their career advancement. 
rurtheir the proposed measure seeks to provide Probation 
~ompel),siltion and incentives such as hazard pay, housing 
and Parole Workers additional 
and living quarters allowance, 
10ilgevit)f pay and GIl1npensation for injuries. 
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I: the ~ie.w ofthe' f~regoing, immediate approval ofthis measure is earn±:1estlY sought. 
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"SON Y" F. TRILLANES IV 
Senator 
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~fXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
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SENATE 
S, No. 1008 
~Plmt1? 
t@!fHf tlf tltl' ~n'i"tM~ 
'13 
JUL 22 P 2 :1 3 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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AN ACT 
fROVl~ING FO~ A MAGNA CARTA FOR PROBATION AND PAROLE WORKERS, 
~PPROPRIATING FUNDS THEREFOR AND OTHER PURPOSES 
Sf it enacted by the Senate and House of Representatives of the Philippines in Congress 
r,issembled: 
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SECTION 1. Title. - This Act shall be known as the "Magna Carta for Probation and 
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Parole Workers." 
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~EC. 2. peclaration of Policy. - The state shall promote and improve the social, moral 
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and econ9mic well ~eing of Probation and Parole Workers, their living and working conditions, 
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and terms of employment. It shall develop their skills and capabilities to make them more 
responslie to the needs and problems of their clients namely, the probationers, parolees, 
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pm'donees, first-time minor drug offenders and juveniles in conflict with the law who are placed 
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on probation and better equip them in delivering community corrections and/or rehabilitation 
servicesiand programs, professionalize their positions and to encourage them remain in probation 
" and par~le work and help professionalize this field of service. 
SEC. 3. Definition of Terms. - As used in this Act, unless the context provides 
otherwise, the following tenns 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/or conditional 
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p~rdon as provided by law by providing him individualized community treatment 
prograIlls through the use of innovative intervention techniques; 
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h.) '''Probatioll'' - a disposition under which a defendant, after conviction and sentence, is 
re,1eased subject to the conditions imposed by the court and to the supervision of a 
Probation Officer; 
c.) "Parole" -
shall refer to the conditional release 0 f an 0 ffender from a penal or 
eorrectional institution after he has served the minimum period of his prison sentence 
u*der the continued custody of the State and under conditions that permit his re-
idcarceration ifhe violates a condition of his release; 
d.) "Executive Clemellcy" - refers to Reprieve, Commutation of Sentence, Conditional 
Pardon or Absolute Pardon which exclusively rests within the sound discretion of the 
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P~esident oflhe Philippines; 
e.) "Petitioller"- a convicted defendant who files an application for probation; 
£) '''Probatioller'' - person who is placed under probation; 
g.)' "farolee" - shall refer to a prisoner who is released on parole; 
h.) "Pardollee" - shall refer to a prisoner who is released on conditional pardon with parole 
conditions; 
i.)'!~irst -time Millor Drug 0ffellder" - youthful drug offender on probation under RA 
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9165; 
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j.) '''Juvellile III COllflict with the Law" - a youthful offender charged and convicted of an 
, offense and placed on probation under RA 9344; 
k.) '~Probatioll alld Parole Worker" - refers to all Personnel employed at the Parole and 
Probatio~ Aldministration-Department of Justice; 
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I.) "Trial Court" - refers to Court which originally tried the case; 
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m.) "Parole alld Probatioll Offices" - refers either to the Central Office, Regional Office, 
Provincial or City Parole and Probation Office of the Parole and Probation 
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Administration-Department of Justice; 
n.) "PPA-DOJ" - refers to the Parole and Probation Administration-Department of Justice. 
I, ,$EC. 4. €overage - This Aqt shall cover all Probation and Parole Workers of the Parole 
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SJic. 5. /1e,cruitment and Selection. - Recruitment policies with respect to the selection 
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and appdintment of Probation and Parole Workers shall be clearly defmed by the Parole and 
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Probatlorj Administration- Department of Justice. 
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SEC. 6. Security of Tenure. - Stability of employment and security of tenure shall be 
assured;the Probation and Parole Worker as provided under existing law. 
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.S!EC. 7. Transfer or Reassignment - A Probation and Parole Worker shall not be 
~ransferr~d or re~ssigned, except when made in the interest of the service as determined by the 
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agency'~: management, in which case the Probation and Parole Worker concerned shall be 
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inform~I!' of the te~sons therefor in, writing. If the Probation and Parole Worker believes that 
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his/her~*se to the Civil Service Commission, which may cause his/her transfer to be held in 
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\lbeyanae'in exceptional cases. Provided, however, that no transfer or reassignment shall be made 
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three (3,) months before any local or national elections. 
Necessary transfer or reassignment expenses of the Probation and Parole Worker shall be 
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~aid by tlj1e Govermnent if his/her transfer is finally approved. 
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SEC. 8.·Merit and Promotion and Career System. - The PPA-DOJ shall maintain its 
existing career and personnel development plan applicable to all Probation and Parole Workers. 
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promotion, 
. perforrrtance evaluation, in-training grants, suggestions and incentive award system. 
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~tC. 9. Code of Conduct.- The duly approved Code of Ethics of Probation and Parole 
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a.): :,t~e right t~ be informed of the charges in writing; 
b.) tpe right to ,full access to the evidences of the case; 
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c.) the right to defend himself and to be defended by a representative of his choice and/or by 
i'his organization, adequate time being given to the officer for the preparation of defense; 
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d.)t1!e right to' confront witnesses presented against him/her and summon witnesses in 
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. ~I~/her behalf. 
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e.), 'U~e right to appeal to clearly designated authorities; 
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f.) the right to reimbursement of reasonable expenses incurred in his/her defense in case of 
'I~Joneration 'ofthe charges against him or her; and 
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g.) s~ch other l'ights that will ensure fairness and impartiality during proceedings .. 
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I&EC. lL Nqrmal Hours of Work. - The normal hours of work of any Probation and 
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~arole: \v;brker shall not exceed eight (8) hours a day or forty (40) hours a week 
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:,ISEC.12. ,Ov~Nime Work.- Where the exigencies of the service so require, any Probation 
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aJ).d Pato\e Wor¥er IllilY be required to render service beyond the normal eight (8) hours a day, 
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mClusi{t:!Of Saturday, Sunday or non-working holidays. In such case, the Probation and Parole 
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Worket ,ball be. entitled to Compensatory Time-Off (CTO). 
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,~~c. 13. Co~pensation.- The existing law on the salary scale of government employees 
~1\,t.'I"ii;!':h • 'shall al?~lY in determining the salaries of the Probation and Parole Workers. In case of violation 
: Jf; 1\,', !~M()f thes~l~r~visions, 'the Probation and Parole Worker concerned may file the necessary complaint 
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. :,;:;!,<~'k ::;I~~C. 14~ Leave Bellefit~;- Probation and Parole Workers shall be entitled to all 
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1~curr(~)a.t¢d commutable leave benefits and privileges, such as but not limited to matemity, 
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paternity; vacatiqn and sick leaves, and special privilege leave as provided for under existing 
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la~s; Iltovided, that upon separation of the Probation and Parole Worker from service, they shall 
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be entitled to all accumulated leave credits with pay, 
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I~~c. 15. Hig~est Basic Salary Upon Retirement.- Upon retirement, a Probation and 
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P\rol~ torker shall automatically be granted an increase of one salary grade higher from his/her 
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I P?siti4n with the cOl;responding increase in basic salary, and his/her retirement benefits shall be 
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~omputeq on the basis, of his/her highest salary after such promotion. 
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'SEC. 16.:, Oth'er benefits. - Aside fro m the benefits received as required under existing 
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.laws ,h executi}eorders, the Probation and Parole Workers shall receive the following: 
a.)\IIi'(Jzard pay - Probation and Parole Workers who are directly assisting or performing 
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:runctions which expose them to danger, occupational risks or threats of life shall Be 
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. 'C<:\mpensated with hazard pay of at least two Thousand Five Hundred Pesos (P2,500.00) 
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f,er month. 
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i b.) rAving Qrarters or Living Quarters Allowance - The PPA-DOJ shall provide Living 
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'Quarters to each employee who are assigned more than fifty (50) kilometres away from 
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th,eir resi4ence. If Living Quarter is not available, the Probation and Parole Worker shall 
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:b~ entitl'f to' at least Three Thousand Pesos (P3,OOO.00) a month of Living Quarters 
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, Allowance. 
; I C.~i t?ngevi~ Pay ~ A monthly longevity pay equivalent to five per centrum (5%) of his/her 
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i latest monthly ,basic pay shall pe paid to a Probation and Parole Worker for every five (5) 
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, ,iy~ars continuo).ls, efficient and meritorious service rendered as certified by the chief of 
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:i lo~fice cdncern~~ with the service after approval ofthis Act. 
,: d.~,: f1,OthingAllOii:(:tnce - All Probation and Parole Workers shall be entitled to a minimum 
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!:~fFive Thousand Pesos (P5,000.00) clothing allowance annually, which amount shall be 
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e.) 'Medical Allow~nce - All Probation and Parole Workers shall receive a minimum of Five 
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,;J.thndredPesos, (P500.00) medical allowance monthly, which amount shall be adjusted as 
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q., Compensation from Injuries. '- Probation and Parole Workers shall pe 
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, Pfotec~f~"againS~ work-related injllries and be compensated equivalent to their daily wage while 
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in the ~dhod of rehabilitation in accordance with the Labor Code and Civil Service law, as the 
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, :p~rform!(nce of'his/her duties and responsibiiities; 
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'c.}J!?in, org~ize or assist organizations or uniqns for lawful purposes; 
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d.)P~otection fr@ffi any \Ict that will 
pre~ent him/her from applying professional 
,!llterventions for the client's development; and 
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e.} <Dpportu~ities fOr continuing professional growth and development. 
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,SFC. 19. Huinan Resource Development - The PPA-DOJ shall conduct a periodic 
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human,resource qevelopment and management study in the following areas: 
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" a.}A(!equate lfucilities and resources to render quality rehabilitation service to the clientele;, 
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b.};opporturiities for Probation and Parole Workers to grow professionally and to develop 
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!t~~ir potentialS' and ,~xperience a sense of se1f-worth and dignity in their work; 
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: c.}NlI':~chani~ms fqr deinocratic consultations; 
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d.} ,S~affing patterns and standards of Probation and Parole Work to ensure that the clients 
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~.} ,upgradidg of*orking conditions, reclassifications of positions and salaries of Probation 
,i~d Parole Workers to correct the disparity vis-ii-vis other professions; and 
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'~<:if);' !Al1ocations 1of funds for the participants of Probation and Parole Workers in seminars, 
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';, :6~nferenced, c6nventions and similar activities as part of their continuing professional 
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;'i!;~C, 20: Appropriations. - The amount of Seventy Million Pesos (P70,OOO,OOO.OO) 
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I}~~ded! t~ carry ~ut the provisions of this Act is hereby authorized to be appropriated in the 
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Gf:ner~~ '~pproPdation Act of the years following its enactment into law, in addition to the 
aroun~1 ~ppropriated for the Parole and Probation Administration. 
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;S~c. 21. Implementing rule~' and Regulations. - The PPA-DOJ shall formulate the 
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nifess¥~ rules land regulations, not inconsistent with any provision of this Law, for the 
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i0Ple~rttation ,of the Magna C,arta for Probation and Parole Workers for the approval of the 
'si:Cret~ of Jus~tce. The rules and regulations shalI:be promulgated within six (6) months from 
'tJile eff~¢tvity o~ithis Act. 
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: :Sf;C. 22:. Penal Provisions. - Any person who shall wilfully interfere with, restrain or 
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c,~erce'i~~Y Probation and Parole Worker in the discharge of his/her duties or shall in any manner 
cO,llIIII,it :' ny act 'in viplation of any of the provisions of this Act, upon conviction, shall be 
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p,unisht~!'Of a 1ne not less than Twenty Thousand (P20,OOO.OO) but not more than Forty 
l~ousa'n4 P'esosi:(P40,OOO.oO) ~\ imprisonment of not more than One (I) year, or both, at the 
,d;scretio~' oftheCoJrt. If the offender is a public official, the Court in addition to the above 
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'mentionf, penalties, may impose the additional penalty of disqualifications to hold public office. 
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, Ii SfC. 23:, Separability Clause, - If any provision of this Act is declared unconstitutional 
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br invalid', the remaihder thereofnot affected thereby shall continue to be in full force and effect. 
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;i~~C. 24J Rep'raling Clause. - All laws, decrees, orders, rules and regulations or other 
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i~suanc.~ ~r parts thereof inconsistent: with the provision ofthis Act are hereby repealed amended 
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, ~~ mOd1fird accordingly. 
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:'k~c. 25: Effectivity. - This Act shan take effect fifteen (15) days after its publication in 
offieiatg~zette or in any newspaper of general circulation. 
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