ADULT PROBATION LAW OF 1976 AS AMENDED

WHAT IS PROBATION?

Probation is a privilege granted by the court to a person convicted of a criminal

offense to remain in the community instead of actually going to a prison.

WHAT ARE THE TYPES OF PROBATION?

1. Juvenile probation covers offenders from age 9 to 18.

2. Adult Probation which covers offenders who are 18 years old and above.

IS PROBATION NEW IN THE PHILIPPINES?

No, the first Adult Probation Law was enacted in 1935 but was declared
unconstitutional in 1937 on the ground that not all provinces could afford financially
to implement probation consonant with the equal protection of the law.

In 1966, House Bill No. 393 sponsored by the Congressman Teodolo C.

Natividad and Ramon Bagatsing revived the Probation Law but did not pass
congress.

Under Sec. 32 of RA 6425, otherwise known as the Dangerous Drug Act of

1972 as amended, Probation is granted to minor first offenders.

In 1974, PD 603, the Child and Youth Welfare Code was passed to avail
Probation to minor offenders.

On July 24, 1976, PD 968, the Adult Probation Law was signed by Pres.
Ferdinand Marcos establishing the Probation Administration under the Department of
Justice. PD 968 seeks to afford adult offenders what others like drug addicts and the
youth are already enjoying under the existing laws and what offenders in other
countries have been long entitled to.

WHAT IS PRESIDENTIAL DECREE 968?

PD 968 is the Probation Law of 1976, which grants Probation to eligible adult
offenders.

WHO CAN APPLY FOR PROBATION?

Any sentenced offender, 18 years of age and above, can apply for probation
before serving the imprisonment service.
WHERE AND WHEN THE APPLICATION SHALL BE FILED?

The application shall be filed with the court that tried and sentenced the
offenders, as anytime before imprisonment starts.

WHAT ARE THE PROCEDURES IN APPLYING FOR PROBATION?

a. The offender or his counsel files a petition with the court that convicted
him.
b. The court determines his qualifications and notifies the prosecuting officer
of the filing of the application for probation.
c. The prosecutor submits his comments on such application within 10 days
from receipt of the notification.
d. If the petitioner is qualified, his application is referred to the Probation
Officer for post-sentence investigation.

e. The Post – Sentence Investigation Report (PSIR) is submitted by the

Probation Officer to the court within 60 days
f. The court grants or denies the petition for Probation within 15 days after
receipt of PSIR.

WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?

a. Those who are sentenced for imprisonment for more than 6 years.
b. Those who are convicted of crimes against the security of the state such as
treason, rebellion etc.
c. Those previously convicted and punished with 1 month and 1day or
imprisonment or more.
d. Those previously convicted and fined Php 200.00 or more.
e. Those who were previously granted probation under PD 968.
f. Those who were already serving sentence when probation became
applicable.

ARE ALL CONVICTED PERSONS WHO ARE NOT DISQUALIFIED

ENTILTED TO PROBATION AUTOMATICALLY?

No, the court will grant probation if it finds that.

a. The offender can be treated better in a mental institution or other places for
corrections; or
b. The offender is dangerous risk to the community.
c. The offense is grievous in the eyes of the community.

HOW MANY TIMES CAN ONE BE GRANTED PROBATION?

An offender can be granted only once in his lifetime.
WHEN PROBATON IS GRANTED! WHAT CONDITIONS ARE IMPOSED
BY THE COURT?

a. The probationer must present himself to his Probation Officer within 72

hours.
b. Report to his probation officer at least once a month.
c. Not to commit another offense.
d. Comply with any other lawful condition imposed by the court.

CAN THESE CONDITIONS BE MODIFIED?

At any time during supervision, the condition of probation maybe modified by

the court after summary proceedings, upon application of the Probation Officer or the
Probationer.

WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF

PROBATION ARE VIOLATED?

The Probation Officer investigates the alleged violation and if it is established,

a report is submitted to the court. Depending upon the nature and seriousness of the
violation, there can be modification of the conditions or revocation of probation by
the judge.

There is also the possibility of arrest including criminal prosecution of the

probationer in the event of the commission of another offense. The revocation
proceeding is summary. If the court finds the probationer guilty of serious violation of
the conditions of the probation, the latter may be ordered to serve the original
sentenced imposed on him.

WHAT IS THE DUTY OF THE COURT UPON ITS ISSUANCE OF THE

PROBATION ORDER?

The court should inform the probationer of the condition of probation and the
consequences of their violation.
HOW LONG IS THE PERIOD OF PROBATION?

a. Not more than 2 years if the probationer was sentenced to imprisonment of

1 year or less,
b. Not more than 6 years if the probationer was sentenced to imprisonment of
more than 1 year.

WHEN DOES PROBATION START?

Probation starts upon the issuance of the court order granting probation.

TO SUMMARIZE WHO HAS THE POWER TO GRANT! DENY! MODIFY,

REVOKE OR TERMINATE PROBATION?

The judge alone has the discretionary authority to grant, deny, modify, revoke
or terminate probation.

WHEN SHOULD PROBATION BE DENIED?

Probation shall be denied if the court finds that:

a. The offender is in need of correctional treatment that can be provided most

effectively by his commitment to an institution.
b. There is an undue risk that during the period of probation the offender will
commit another crime or
c. Probation will depreciate the seriousness of the offense committed.

MAY THE OFFENDER BE RELEASE WHILE HIS APPLICATION FOR

PROBATION IS PENDING?

Yes, at the discretion of the court. The offender may be released:

a. On the same Bail he filed during the trial: or

b. On a new bond ; or
c. To the custody of the responsible member of the community if unable to file
a bond.

WHAT RIGHTS ARE RESTORED AFTER THE SUCCESFULL

TERMINATION OF PROBATION?

The civil rights suspended when the offender is convicted and sentenced are
restored after the successful termination of probation. His liability to pay a fine is also
discharged.

HOW ARE PROBATIONER SUPERVISED?

Probationer report to their Probation officer as often as indicated in the

conditions of probation. The PO sees to it that the conditions of probation as given by
the court are followed. Probationers are helped to develop themselves, to learn skills
if they do not have any, and to have gainfully employed so they can be useful
members of the society. House visits and follow-up in their places of work may be
done if needed. The PO makes regular reports about the probationer to the court.

WHAT MATTERS MAY BE INQUIRED INTO BY THE PROBATION

OFFICER DURING THE POST-SENTENCED INVESTIGATION?

Ideally, the PSIR should contain information relative to the character

antecedents, environment, mental, and physical conditions of the offender and
available institutional and community resources. To gather data, the PO will interview
the petitioner, his family, arresting officer, victim, witnesses, defense counsel,
prosecuting attorney, employer, school officials, social or welfare agency, and other
individuals who can provide relevant information.

WHAT ARE THE OBJECTIVES OF PROBATION?

a. To promote the correction and rehabilitation of an offender by providing

him with individual treatment under the guidance of a trained Probation
Officer.
b. To prevent the commission of another offense.
c. To provide an opportunity for the reformation of the penitent offender
which might be less probable if he were to serve a prison sentence.

WHAT ARE THE ADVANTAGES OF PROBATION?

a. The Government spend much less when an offender is released on

probation than if he were placed behind bars.
b. The offender and his family are spared the embarrassment and dishonor of
imprisonment.
c. The offender is able to continue working and can therefore pay damage to
the victim.

HOW CAN PROBATION HELP IN THE PREVENTION AND CONTROL OF

CRIME?

Under the condition imposed by the court when probation is granted, the
probationer is under the close supervision of Probation Officer. When in the
community, he is helped and given opportunities to be productive and responsible
instead of going to prison. Hopefully, this situation restrain from committing crime.

HOW CAN THE COMMUNITY HELPED IN THE SUCCESS OF

PROBATION?

By giving support and cooperation to the Probation Administration such as:

a. The community accepting the probationer, giving them the feeling of

belonging.
b. Community agencies and schools being open for the training and treatment
of probationer.
 c. Community leaders and laymen allowing the participation of probationers
in developmental programs.
d. The religious organization giving the probationers spiritual advice and
extending their social action programs to probationer.
e. Various organizations providing temporary housing for probationers.
f. The community playing an equally important role after the termination of
probation, it should be ready for the reintegration of the individual into
community life.

HOW DOES PROBATION DIFFERS FROM IMPRISONMENT AND

PAROLE?

Probation is alternative to imprisonment. Instead of being confined in prison,

the probationer is released to the community by the court with conditions to follow
and is placed under the supervision of the Probation Officer.

Parole is a conditional release of a prisoner whereby he is placed under the

supervision of parole officer after serving his minimum sentence.

Probation is a community – based approach to the reformation of offenders,

while imprisonment adopts the institutionalization approach Probation is handled by
the Probation Administration, while parole is administered by the Parole Board.

Probation is enjoyed only once, While Parole may be granted more than once,
depending on good behavior during imprisonment.

Probation is more beneficent because it restores full civil rights to the

probationer upon termination, unlike Parole.

Probation is essentially a judicial function (under the control of the court),

while Parole is an executive function (Parole Board).

WHAT IS A VOLUNTEER PROBATION AIDE?

A volunteer probation aide is a citizen of a good repute and integrity, at least 18

years of age, appointed by the Probation Administration to assist the PO’s and the
APO’s in investigation and supervision. A VPA is not entitled to salary but is given
reasonable travel allowance.

WHEN DID THE PROBATION SYSTEM BECOME OPERATIONAL?

The Probation system becomes operational on January 3, 1978.

 THE REVISED RULES ON PROBATION
METHODS AND PROCEDURES.

Pursuant to Section 6 and 19 (d) of Presidential Decree No. 968, the Probation
Law of 1976, the following rules relative to the methods and procedures of the
probation process are hereby promulgated:

I. GENERAL PROVISIONS:

Section 1. Definitions of Terms – in these rules, unless or otherwise provided,

the following terms shall have the meaning assigned to them, respectively:

a. Probation – a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the courts and under
the supervision of a Probation Officer.
b. Petitioner – a convicted defendant who files a formal application for
probation
c. Absconding Petitioner – a convicted defendant whose application for
probation has been given due course by the court but fails to report to the
probation office or cannot be located within a reasonable period of time.
d. Probationer – a person under probation.
e. Absconding Probationer – a person whose probation was granted but
failed to report for supervision within the period ordered by the court or a
probationer who fails to continue reporting for supervision and or whose
whereabouts are unknown for reasonable period of time
f. Probation officer- a person who investigated for the court a referral for
probation or supervises a probationer or both and performs other related
duties as directed.

Section 2. Purposes- these rules are adapted to carry out the purposes of
presidential decree No. 968 as amended:

a. To promote the correction and rehabilitation of an officer by providing him

with personalized community based treatment.
b. To provide an opportunity for his reformation and re-integration into the
community and
c. To prevent the commission of offense.

II. PETITION FOR PROBATION

Section 3. FILING OF PETITION – A petition for probation shall be filed

by a petitioner with the trial court at any time after conviction.

Section 4. TIME OF FILING OF PETITION- A petition for the

probation shall be filed probation by the Petitioner with the trial court at anytime after
he is convicted or sentenced. The petitioner shall state that he does not posses any of
the disqualification under Section 9 of Presidential Decree 968 as amended by Batas
Pambansa Blg. 76.
 Section 5. Form of Petition- the Form of the Petition shall be prescribed by the
Supreme Court.

Section 5a. Notice to the Prosecuting Officer of the filing of petition - The
Court shall notify the prosecuting Officer concerned of the filing of the application
for probation.

Section 5b. When comment of the prosecuting officer is submitted - The

Prosecuting Officer may submit his comment on such application within ten (10)
days from receipt of the notification

Section 6. Referral to Probation Officer—If the court finds that the petition is
in due form and that the petitioner appears not to be disqualified for the grant of
probation, it shall order the Probation office within its jurisdiction, to conduct a post
sentence investigation and to submit the report and recommendation within 60 days
from receipt of the order. However the court may in its discretion extend the sixty-
day period.

Section 7. Docket Book – all court orders for post – sentence investigation
received by the probation office shall be recorded in a Docket Book for the purpose
of indicating therein the date of receipt and shall be numbered consecutively in the
order they are received by the said office.

Section 8. Effect of Filing Petition—The court may, upon the filing of the
petition for probation, suspend the execution of sentence.

The filing of the application shall be deemed a waiver of the right to appeal or
the automatic withdrawal of a pending appeal. In the latter case, however, if the
application is filed on or after the date of the judgement of the Appellate Court, said
application shall be acted upon by the Trial Court on the basis of the judgement of the
appellate Court.

Pending submission of the investigation report and the resolution of the petition,
the defendant maybe allowed on temporary liberty under his bail filed in the criminal
case; Provided that, in case where no bail was filed or that the defendant is incapable
of filing one, the court may allow the release of the defendant on the recognizance in
the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court. However, those sentenced to a maximum
penalty of six years and one day on January 3, 1978 and thereafter, if serving
sentence at the effectivity of Batas Pambansa Blg 76 on June 13, 1980, shall remain
in jail pending the approval of their application.

III. POST SENTENCE INVESTIGATION

Section 9. Preliminary Procedure – The probation office, upon receipt of the

order from the court, shall assign the same to a probation officer to conduct the post
sentence investigation.

Section 10. Initial Interview – Within five working days if from receipt of the
court order, the probation officer shall interview the petitioner, in said interview the
probation officer shall require the petitioner to accomplish under oath a worksheet (P.
A. Form No. 1). The information contained in the worksheet shall serve as the basis
for further investigation.
The petitioner shall sign a waiver (P. A. Form No. 2) authorizing the Probation
Administration to secure any and all pertinent documents and information.

Section 11. Investigation - Upon completion of the worksheet the probation

officer shall conduct a thorough investigation on the antecedents, mental and physical
condition, character and socioeconomic status of the petitioner. The probation shall
determine and recommend the manner by which the petitioner will be supervised if
granted probation.

Section 11a. Collateral Information – In the gathering of collateral

information, person who has knowledge of the petitioner, of the victim and or
relatives shall be interviewed.

Section 12. Subsequent Interview - The probation officer shall conduct

subsequent interview of the petitioner and or other persons to secure additional data
or clarify discrepancies between the information received from the petitioner and
those secured from other sources.

Section 13. Nature of Interviews – The information gathered from the

interview of petitioner and collateral information sources shall be confidential in
nature and counsel need not represent the petitioner.

Section 14. Post-Sentence Information - The probation officer shall inform the
petitioner of the confidentiality of the information taken during the post-sentence
investigation and the extent to which said information maybe divulged in accordance
with section 7 of PD 968 as amended and section 55 of the rules.

Section 15. Absconding Petitioner – If within a reasonable period of time, the

petitioner can not be located, the probation officer shall report such fact to the court
with the appropriate recommendation.

IV. POST-SENTENCE INVESTIGATION REPORT

Section 16. Post-Sentence Investigation Report – Upon completion of the

Post-Sentence Investigation Report (P.A. Form No. 3) to the court within the period
prescribed in Section 6 of these Rules.

Section 17. Purpose of Post-Sentence Investigation Report – The Post-

Sentence Investigation Report, hereinafter referred to as the Report, aims to assist the
court in determining whether or not the ends of justice and the best interest of the
public as well as that of the petitioner will be serve by the grant or denial of
probation.

Section 18. Contents of the Report- The report shall contain among others.

a. The Circumstances surrounding the offense for which the petitioner was
convicted drawn from the court records, police records, statement of the
 defendants, the aggrieved party, and others who may have knowledge of the
commission of the offense if available and willing to be interviewed.
b. Psychosocial information regarding the petitioner.
c. Evaluation of the petitioners suitability for probation and his potential for
social re-integration into the community.
d. A recommendation to either (1) grant the petition for probation, which shall
include the program for supervision and the suggested terms and conditions
for probation, or (2) deny the petition for probation; and
e. Information regarding the petitioner’s financial capability to meet or satisfy
his civil obligations, if any.

Section 19. Nature of Recommendation in the Report – The recommendation

contained in the Report is merely persuasive in nature.

Section 20. Who Signs the Report – The report shall be signed by the
investigating probation officer and approved by the Head of the Probation Office and
shall also initial all the pages of the report.

V. PROBATION ORDER

Section 21. Period for Resolution of Petition for Probation – The court shall
resolve the petition for probation not later than Fifteen (15) days from the date of
receipt of the report from the Probation Office.

Section 22. Grant of Probation, Nature and Effect – Probation is a privilege

and, as such, its grant rests solely upon the discretion of the court.

The grant of Probation results in the suspension of the execution of the

sentence and the release of the petitioner subject to the terms and conditions imposed
by the court, under the supervision of the Probation Officer.

Section 23. Effectivity of Probation Order – A Probation order shall take

effect upon its receipt by the petitioner, and on the same date the probation period
shall commence, unless otherwise specified by the court.
The Probation office shall inform the court on the date the probationer reported
for supervision.

Section 24. Explanation of Nature of Probation to Probationer – the

Probation order shall be read in open court in the presence of the probationer and the
Probation Officer. The court shall inform the probationer of the consequences thereof
and explain that upon his failure to comply with any of the conditions in the said
order, of his commission of another offense under which he was placed on probation.

Section 25. Finality of Probation Order – The order of the court granting or
denying probation shall not be appealable.
 TERMS AND CONDITION OF PROBATION

Section 26. Mandatory Condition of Probation – a Probation order shall

require the probationer.

a. To present himself to the probation office concerned for supervision within

72 hours from receipt of said order, and
b. To report to the probation officer at least once a month during the period of
probation.

Section 27. Discretionary Conditions of Probation – The Probation Order

may also require the probationer in appropriate cases to:

a. Cooperate with the program of supervision.

b. Meet his family responsibilities.
c. Devote himself to a specific employment not to change said employment
without prior written approval of the Probation Officer.
d. Undergo medical, psychological or psychiatric examination and treatment
and or enter and remain in a specific institution when required for that
purpose;
e. Comply with a program of payment of civil liability to the victim or heirs,
when required under the decision of the trial court.
f. Pursue a prescribed secular study or vocational training.
g. Attend or reside in a facility established for instruction or recreation of
persons on probation.
h. Refrain from visiting houses of ill repute.
i. Abstain from drinking intoxicating beverages to excess.
j. Permit the probation officer or an authorized social workers to visit his home
and place of work.
k. Reside at premises approved by the court and not to change his residence
without prior written approval, and
l. Satisfy any other condition related to the rehabilitation of the probationer
and not unduly restrictive of his liberty or incompatible with his freedom of
conscience.

VII. SUPERVISION OF PROBATIONERS.

Section 28. Purpose of Supervision - the primary purpose of supervision are:

a. To ensure that the conditions set forth in the probation order are carried out
by the Probationer; and
b. To bring about the rehabilitation of the probationer and his re-integration
into the community.

Section 29. Start of Supervision- When a probationer first reports for

supervision, the Probation officer shall interview the probationer and explain
the conditions of probation to him in a language or dialect understood by him.
 The probationer shall sign a statement (P.A. Form No. 4) that he understands
the condition of Probation and that he promise under oath to comply with said
conditions.

In the event that the probationer does not report for interview within the period
ordered by the court or his whereabouts is unknown, the probation office shall
report such fact to the court with the appropriate recommendation.

Section 30. Out Travel of Probationer- A probationer who desires to travel

outside the jurisdiction of the Probation Office which has supervision over him shall
file a request for said purpose (P.A. Form No. 7) with his probation officer prior to his
travel for approval. If the travel involves more than 30 days the request shall be
transmitted by the Probation Office concerned to the court for approval.

Section 31. Changes of Residence for Probationer- A probationer may be

allowed by the court that placed him on probation to reside in a place under the
jurisdiction of another court. In such case, control over the probationer shall be
transferred to the Executive Judge of the Regional Trial Court at the place of his new
residence, and supervision over him shall likewise be transferred to the probation
office within its jurisdiction.

The executive Judge and the probation officer to which control and
supervision, respectively, are transferred shall be furnished by the court, which
originally granted probation with a copy of the Probation Order. The post sentence
Investigation Report and such other pertinent records, which the former may require.

Section 32. Absconding Probationer- A person whose probation was granted

but failed to report for supervision the period ordered by the court or a probationer
who fails to continue reporting for supervision and or whose whereabouts are
unknown for a reasonable period of time shall be reported by the Probation Office. It
shall then recommend to the court the issuance of the warrant of arrest.

Section 33. Modification of Conditions or Period of Probation- During the

period of probation, the court, may motu propio, or on motion of the probation officer
or of the probationer, revise or modify the conditions or terms of the probation order.

The probation officer shall be duly notified and the probationer shall be given
by the court an opportunity to be heard thereon.

Section 34. Effectivity and Finality of Order Modifying the conditions or

Period of Probation- The order of the court modifying the conditions or Period Of
Probation shall take effect upon receipt thereof by the probationer, unless otherwise
specified in the said order.

An order modifying the conditions or period of probation shall no be

appealable.
 VIII. VIOLATION OF PROBATION

Section 35. Concept-A violation of probation shall be understood to mean any

act or any omission on the part of the probationer with respect to the terms and
condition specified in the probation order.

Section 36. Investigation of Alleged Violation- the probation Officer shall,

motu propio or upon the report of the probation aide or any other person immediately
conduct a fact-finding investigation of any alleged violation of probation.

Section 37. Report to the Court- once the investigation is completed, the
Probation Office shall report the result of the same to the court.

Section 38. Contents of the Violation Report- the report of the probation
office to the Court (P.A. Form No. 8) concerning an alleged violation of the
conditions of probation shall include among others.

a. A complete statement of the facts of the alleged violation including the date,
place and circumstances thereof, the statements of victims, witnesses, and
the arresting officer if any.
b. The explanation, if any, of the probationer, for the alleged violation and
c. The recommendation of the probation office.

Section 39. Arrest of Probationer- the court, after considering the nature and
seriousness of the alleged violation based in the report mentioned in the section
36 above, may issue a warrant for the arrest of the probationer for violations of
the conditions of probation.

Section 40. Hearing of the Violation of the Probation- Once arrested and
detained, the probationer shall immediately brought before the court for the hearing
of the violation charged. In the hearing which shall be summary in the nature, the
probationer shall have the right to be informed the violation charged and to adduce
evidence in his favor. The court shall not be bound by the technical rules of the
evidence by informing itself of all the facts which are material and relevant to
ascertain the veracity of the charged. The petitioner may be admitted to bail pending
such hearing. In such case, the provisions regarding release on bail of person charged
with a crime shall be applicable to probationers arrested under this provision.

Section 41. Disposition- if the violation is established, the court may either
revoke the probation granted or continues his probation and modifies the conditions
thereof. If revoke the court shall order the probationer to serve the sentence originally
imposed.

An order revoking the grants of probation or modifying the terms and

conditions thereof shall not be appealable.

Section 42. Right to Counsel- the probationer shall have the right to be
assisted by counsel at the hearing of the violation of the condition of the probation.
 Section 43. In the prosecution of the violation of the condition of
probation, the state shall be presented by the prosecuting Officer

IX. VOLUNTEER PROBATION AIDES

Section 44. Appointment of Volunteer Probation Aides- Volunteer Probation

Aides may be appointed by the Probation Administration or who may delegate such
authority to the Regional Probation Officer.

Section 45. Term of Office of a Volunteer Probation Aides- The Volunteer

Probation Aide may be appointed for a term of two years which may be renewed or
terminated earlier depending on his performance as determined by the Probation
Administration.

Section 46. Duties of a Volunteer Probation Aide- A Volunteer Probation Aid

shall perform the following duties:

a. Assists the Probation Officer in the supervision of probationer

b. Prepare and submit a record of his work and such other written reports as
may be required by the Probation office. And
c. Assists the Probation Officer in the mobilization of the community support
for the probation programs.

Section 47. Caseload of a Volunteer Probation Aide – A Volunteer Probation

Aide shall not, at any time, be assigned to more than ten (10) probationers.

Section 48. Travel Allowances – Volunteer Probation Aide shall not receive
any regular compensation for services rendered. He shall, however, be entitled to
travel allowances as may be allowed under existing government rules and regulations.

Section 49. Qualification of a Volunteer Probation Aide – No person shall be

appointed Volunteer Probation Aide unless he is a Filipino Citizen of good repute and
probity, at least 21 years of age and resident of good standing of the province or city
where the probationer to be supervised resides.

Whenever practicable, the aide should come from the same area where the
probationer resides.

X. TERMINATION OF THE PROBATION CASE.

Section 50. Modes of Termination – the probation case maybe terminated by

the successful completion of program of probation, revocation for cause under
Section 40, of the rules or death of the probationer.

Section 51. Termination Report – At least thirty (30) days before the
expiration of the period of the probation, or unless otherwise required by the court.
The Probation Office shall submit a final report (P.A.) Form No. 9) to the court,
which shall indicate the following, among others;
 a. The prescribed program of supervision and the response of the probationer
to said programs.
b. A recommendation as to whether the probationer maybe discharged from
probation or not. If the latter, the Probation Officer may recommend
modification of the term of probation.
c. Such other information as maybe required by the court

Section 52. Final Discharged for Probation – the court may, on the basis of
the report mentioned in Section 50 of these Rules order the final discharge of the
probationer from the probation

Section 53. Legal Effects of Discharge – The final discharge of a probationer

shall restores to him all civil rights lost or suspended as a result of the conviction and
shall fully discharge his liability for any fine imposed as to the offense for which
probation was granted, without prejudice to his civil liability thereof.

XI. CLOSING OF PROBATION CASE

Section 54. Archiving of Case – The Probation Office shall formally close the
records of a probation case upon formal receipt of the court order finally discharging
the probationer, thereafter, the said case shall be archived.

XII. PROBATION REPORTS

Section 55. Report of the Probation Officer – The Probation Officer shall
submit a monthly written report (P.A. Form No. 5) Within the first ten (10) days of
each month on the status of all the petitioner and probationer under his charge to the
Probation Administrator, copy furnished the Regional Probation Office.

In addition he shall submit a quarterly progress report (P.A. Form 6) which

contains a description of the accomplishments and problems of the office.

The Regional Probation Officer shall submit an annual report to the Probation
Administration on the accomplishments in the region, containing among others,
special projects under taken.

XIII. MISCELLANEOUS PROVISIONS

Section 56. Forms – All forms prescribed in this rules, shall be approved by
the Minister of Justice.

Section 57. Confidentiality o f the Probation Record – The investigation

report and the supervision history of the probationer obtained under the Presidential
Decree 968, as amended and under this rules shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or
the court concerned, except the courts in its discretion, may permit the probationer or
his attorney to inspect the aforementioned documents or apart thereof whenever the
best interest of the probationer makes such disclosure desirable or hopeful. Provided
that any Government office or agency engaged in the correction or rehabilitation of
the offenders may, if necessary, obtained copies of such documents for its official use
from the proper court or the Administration.

Section 58. Penalty – Any person violating or causing the violation of the
confidentiality of Probation records shall upon conviction thereof, suffer a penalty of
imprisonment of from 6 months and 1 day to 6 years and a fine ranging from P600.00
to P6000.00 as provided in PD 968.

Section 59. Power of the Provincial Or City Probation Officer – Provincial

or City Probation Officer shall have authority within their territorial jurisdiction to
administer oaths and acknowledgements and to take depositions in connection with
their duties and function under PD NO. 968. They shall also have, with respect to
probationers under their care, the power of a police officer.

Section 60. Interpretation – Any doubt or conflict in the interpretation of

these Rules and Procedures shall be resolved in favor of the petitioner or probationer.

Section 61. Separability – The validity of any provision of these Rules shall
not be affected by declaration in validity of any other provision or provisions thereof.

Section 62. Effectivity – These Rules shall take effect upon approval by the
Minister of Justice and its Publication in a newspaper or general circulation in the
Philippines.
 Republic of the Philippines
Department of Justice
PAROLE AND PROBATION ADMINISTRATION
2133 Taft Avenue, Manila

RULES AND REGULATION OF THE

PAROLE AND PROBATION ADMINISTRATION
ON PAROLE SUPERVISION

Pursuant to Section 19 (d) of Presidential Decree No. 968, “The Probation

Law of 1976”, as amended, in relation to the Executive Order No. 292, series of
1987, “ the Administration Code of 1987”, the following Rules and Regulation are
hereby promulgated to govern the supervision by the Parole and Probation
Administration of Parolees and those granted conditional pardon. The merging of the
supervision by the Parole and Probation Administration of Parolees and those granted
conditional pardon is by virtue of E-0292.

I. GENERAL PROVISIONS

Section 1. Policy – It shall be the policy of the Parole and Probation

Administration to facilitate the rehabilitation of the prisoners released on Parole or
conditional pardon through corrective guidance and the creative utilization of
community resources.

Section 2. Definition of Terms – As used in these Rules, unless the context

indicates otherwise.

a. “Administration” shall refer to the parole and probation administration.

b. “Administrator” shall refer to the administrator of the Parole and

Probation Administration.

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 continued custody of the state and under conditions that
permit his reincarceration if he violate a condition for his release.

d. “Board” shall refer to the Board of Pardon and Parole.

e. “Conditional Pardon” shall refer to the exception of the individual, within

certain limits or conditions, from the punishment which the Law inflicts for
the offense he has committed resulting in the partial extinction of his
criminal liability.

f. “Parole Supervisor or Supervision” shall refer to the act of placing parole

or pardoner under the supervision of Pardon and Parole Officer after release
from confinement for the purpose of guiding and assisting the released
prisoner towards rehabilitation.
 g. “Client” shall refer to a prisoner, who is released on parole or conditional
pardon and place under the supervision of a Parole and probation Officer.

h. “Office” shall refer to the Parole and Probation Office, which is charged
with the supervision of client.

i. “Officer” shall refer to the one who is in-charge in holding an office

j. “Supervisor” shall refer to the officer or other official of the office who is
directly supervising a client.

k. “Released Document” shall refer to the discharged on parole issued by the

board to the parolee and to the documents issued by the President of the
Philippines to a Pardoner upon the Board’s recommendation.

l. “Probation Rules” shall refer to the Revised Rules on Probation Methods

and procedures issued by the Administration on July 24, 1986.

II. PAROLE SUPERVISION

Section 3. Purpose of Parole Supervision – Parole supervision shall seek to

secure the faithful compliance by the parolee with the terms and conditions for his
released and to bring about his rehabilitation and early reintegration in the
community.

Section 4. Start of Supervision – Parole supervision shall deemed to start on

the date the client presents his release documents to the office and submits him for
supervision

Section 5. Entry Book – In every office there shall be a bound log book,
which shall be used exclusively to record in chronological order the day and the hour
the client reported for supervision and for instructions.

Section 6. Arrival of Client – The officer shall inform the client who reports
for supervision of the terms and conditions of his released and shall forthwith assign a
Supervisor to the Case. The client shall sign a prescribed Form (P.A. Form No. 14) to
indicate that he understood his obligation as a client.

The Officer shall inform the administrator, copy furnished the Regional
Probation Office concerned, of the date a client reports for supervision within five
days from date thereof (Arrival Report, P.A. Form 13).

Section 7. Interview of Client – The supervisor shall interview the client

within five (5) days after the case is assigned to him with the end in view of
identifying the activities and goals to be included in the supervision plan, Whenever
possible, the Head or other responsible member of the household with whom the
client live shall be present during the interview.
 Section 8. Supervisor Plan – Not later than fifteen (15) days after the initial
interview of the client, the supervisor shall submits the client supervision plan (PPA
Form 15) to the officer for approval.

In the preparation of the supervision plan, the supervisor shall consider the
terms and conditions of the release documents and such other information that the
supervisor may obtain from other sources.

Section 9. Contents of Supervision Plan – A Supervision Plan shall indicate:

a. The reporting date of the clients.

b. The plan to meet the identified needs and problems of the client and;
c. If required, the schedule and mode of payment of the identification of the
criminal liability or restitution.

Section 10. Frequency of Reporting of Client – a client shall be required to

report to his supervisor no less than four times a month during the first six months of
the supervision program, unless during said period, the reporting frequency is
reduced by the officer upon recommendation of the Supervisor.

Section 11. Mandatory Conditions of Supervision – It shall be mandatory

for the client to comply with the terms and conditions appearing in his release
document. The same may not be admitted in a supervision plan.

Section 12. Other Conditions – A supervision plan shall establish such

conditions as would induce positive change in attitude and behavior of the client. A
supervision plan may require the client to meet any of the conditions enumerated in
Section 27 of the Probation Rules. (Discretionary Conditions of Probation).

Section 13. Review and Modification of a Supervision Plan – The officer

shall review a supervision plan every six months.

However, the officer may, motu proprio or upon the recommendation of the
Supervisor, revised or modify the terms and condition of the supervision plan at any
time except as specified in client’s released document.

Section 14. Transfer of Residence – A client shall file an application with the
officer, through his supervisor, if he desire to transfer from the place of residence
specified in his released document. The application shall be filed at least fifteen days
before the date of the requested transfer.

If the request is meritorious, the Officer shall recommend favorable action

thereon to the board.

If the request for transfer of residence is approved by the Board, the entire
records of the clients shall be forwarded to the new office.

The Administrator and the Regional Probation Office concerned shall be

informed of such approval by the Board.
 Section 15. Outside Travel – A client who desire to travel outside the
jurisdiction of the Office in charge of his case for not more than ten (10) days shall
file a request for said purpose with his supervisor prior to said travel for approval
(PPA Form 19).

In the travel involve more than ten days but less than thirty days, the request
shall be filed by the client with the officer through his supervisor for approval.

When the cumulative duration of the request of the client for outside travel
within a period of six months is more than thirty days, the same shall be considered
as a transfer of residence.

Section 16. Supervision Record – The Supervisor shall keep individual

records of clients under his supervision.

The Supervision Record shall, among others, include the following

information –

a. The supervision Case no. of the client.

b. The date of issue and control number of the release of document and the
date prescribed therein when the client, shall report to the office for
supervision.
c. In the proper cases, the Parole and Probation Officer where the client
initially reported for instructions and the day and date reported to said
office.
d. The date the client reported to the office for supervision.
e. The prison number of the client.
f. The expiration date of the prison sentence of the client.
g. The outside travel and or transfer or residence of the client and the date
thereof.
h. Infractions.
i. The date of final interview.
j. Any other event or incident that materially affects supervision.

The client’s prison record, release document, supervision plan and all other
records pertaining to the supervision shall form part of said record.

III. INFRACTIONS OF TERMS OF SUPERVISION

Section 17. Infractions of Terms of Release Document of Supervision Plan

– The office shall, upon his own initiative or upon the report of the supervisor,
investigate any serious infraction by a client of the terms and conditions appearing in
his release document or any serious deviation or non-observance of the obligations
set forth in the supervision plan.

In the proper cases, the client shall be given a chance to answer the derogatory
report against him.
 The investigation shall be terminated within fifteen days after receipt of the
derogatory report.

Section 18. Absconding Client – The failure of the client to report to an

office for Parole supervision on the date specified in the release document or to notify
the office of his whereabouts after the lapse of reasonable period of time, which in no
case shall be more than six months, or to report in accordance with the frequency
stated in the Supervision Plan shall be deemed a serious infraction.

Section 19. Infraction Report – If the investigation establishes the

commission of serious infraction, the Officer, shall submit an Infraction Report (PPA
Form 20) thereon to the Board, copy furnished the Administrator and the Regional
Probation Office concerned.

Section 20. Contents of Infractions Report – The infraction report shall

contain a brief description of the infraction; summary of the explanation of the client
and of the statement of any concerned person interviewed by the officer, if any, and
the recommendation of the Officer.

IV. TERMINATION OF SUPERVISION

Section 21. Final interview – At least one month before the expiration of the
maximum period of the prison sentence of the client or of the period of parole
supervision as may be provided in the release document, the Supervisor shall inform
the client of the end of parole supervision and of the legal effects thereof, the
Supervisor shall also discuss with the client his performance during the supervision
and of the client’s plan upon release. If possible a responsible member of the family
of the client shall be present during the interview.

Section 22. Summary Report – Fifteen days before the expiration of the
maximum prison sentence or of the period of parole supervision of the client, the
Supervisor shall submit to the Board through the Officer concerned, a summary
report (PPA Form 16) on the results of the supervision, together with his
recommendation as to whether or not the client may be finally released. A copy of
said report shall be furnished the Administrator and the Regional Probation Office
concerned.

IV. CLOSING OF PAROLE SUPERVISION CASE

Section 23. Archiving of Parole Supervision Case- the Officer shall finally
close a parole
Supervision case upon formal receipt of any of the following documents.

a. The certificate of final release and discharge of the client.

b. The “Order of Arrest and Recommitment” issued by the Board against the
client.
c. The certified true copy of the death certificate of the deceased client.
 VI. PAROLE SUPERVISION REPORTS

Section 24. Parole Supervision Report- The officer shall submit to the
administrator, copy
furnished the Regional Probation and Parole Officer, monthly caseload, reports on
parole supervision cases (PPA form 21)

VII. MISCELLANEOUS SUPERVISION

Section 25. Confidentiality of the Supervision Report/Record Infraction

Report and Summary Report- the Supervision Record, the infraction report
and the Summary Report shall confidential and may not be examined by the
client.

Section 26. Applicability of Probation Rules- Unless otherwise inconsistent

herewith, the Probation Rules may be applied in a suppletory character to parole
supervision cases.

Section 27. Effectivity- these Rules shall take effect upon approval of the
Secretary of Justice and fifteen days after its publication in a newspaper of general
circulation.

Done in the City of manila, this 26th day of December 1989.

(SGD) RAMON J. LIWAG

Officer In-Charge

APPROVED:

SGD. SEDREY S. ORDONEZ

Secretary of Justice
 MALACANANG
Manila

PRESIDENTIAL DECREE NO. 1990

AMMENDING PRESIDENTIAL DECREE NO. 968 OTHERWISE KNOWN

AS PROBATION LAW OF 1976.

WHEREAS, it has been sad experience that persons who are convicted of
offenses and who may entitled to probation still appeal the judgement of conviction
even up to the Supreme Court only to pursue their application for probation when
their appeal is eventually dismissed.

WHEREAS, the process of criminal investigation, prosecution, conviction and

appeal entails too much time and effort, not to mention the huge expenses of
litigation, on the part of the State.

WHEREAS, the time, effort, expenses of the Government in investigating and

prosecuting accused person from the lower courts up to the supreme court are often
time rendered nugatory when after the appellate court finally affirms the judgement
of conviction, the dependant applies for and is granted probation.

WHEREAS, probation was not intended as an escape hatch and should not be
used to obstruct and delay the Administration of Justice, but should be availed of the
first opportunity by offenders who are willing to be reformed and rehabilitated.

WHEREAS, It becomes imperative to remedy the problems above mentioned

confronting our probation systems.

NOW! THEREFORE, I FERDINAND E. MARCOS! President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby
amended to read as follows: decree.

Section 1. Section 4 of the Presidential Decree No. 968 is hereby amended to

read as follows:

Section 4. Grant of Probation – subject to the provision of this decree, the

trial court may, after it shall have convicted and sentenced a defendant, and upon
application of said within the period in perfecting an appeal, suspend the execution of
the sentenced and place the defendant on Probation for such period and upon such
terms and conditions as it may deem best: Provided that no application for Probation
shall entertained or granted if a defendant has perfected an appeal from the judgment
of conviction.

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 PD No. 968 is amended to read as follows;

Section 9. Disqualified offenders – The benefit of this Decree shall not extend
to those.

a. sentenced to serve a maximum term of imprisonment of more than six (6)

years

b. Convicted of subversion or any crime against the national security of State

or Public Order.

c. Those Previously been convicted by final judgment of an offense punished

by imprisonment of not less than one month and one day and or a fine of
not less than two hundred pesos.

d. Who have been once on Probation under the provisions of this decree, and

e. Who are already serving sentence at the time of the substantive provisions
of this decree become applicable pursuant to the Section 33 thereof.

Section 3. The provisions of Section 4 of Presidential Decree No. 968, as

above amended, shall not apply to those who have already filed their respective
application for probation at the time of the effectivity of this period.

Section 4. All Laws, Decree, executive or administrative orders, rules and

regulations of part thereof, inconsistent with this Decree, are hereby repealed,
amended or modified accordingly.

Section 5. This decree shall take effect after fifteen days following its
publication in the official Gazette.

Done in the City of Manila this Fifteen day of October in the year of our Lord
nineteen hundred and eighty five.

By the President:

(SGD) JUAN C. TUVERO

Presidential Executive Assistant