Rudiments of Probation Law,
PD 968, as amended
MALACAÑANG M a n i l a
PRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM,
APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES
WHEREAS, one of the major goals of the
government is to establish a more enlightened
and humane correctional systems that will
promote the reformation of offenders and thereby
reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders
prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the
financial resources of the country; and
WHEREAS, there is a need to provide a less costly
alternative to the imprisonment of offenders who
are likely to respond to individualized, community-
based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order
and decree the following:
Section 1. Title and Scope of the Decree. This
Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those
entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and
three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by
providing him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a prison
sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following
shall, unless the context otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a
referral for probation or supervises a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of
this Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of
said defendant, suspend the execution of said sentence and
place the defendant on probation for such period and upon
such terms and conditions as it may deem best.
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, with notice to
the appellate court if an appeal has been taken from the
sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying probation shall not be
appealable.
Section 5. Post-sentence Investigation. No
person shall be placed on probation except
upon prior investigation by the probation
officer and a determination by the court that
the ends of justice and the best interest of the
public as well as that of the defendant will be
served thereby.
Section 6. Form of Investigation Report. The
investigation report to be submitted by the
probation officer under Section 5 hereof shall
be in the form prescribed by the Probation
Administrator and approved by the Secretary
of Justice.
Section 7. Period for Submission of Investigation
Report. The probation officer shall submit to the
court the investigation report on a defendant not
later than sixty days from receipt of the order of
said court to conduct the investigation. The court
shall resolve the petition for probation not later
than five days after receipt of said report.
Pending submission of the investigation report
and the resolution of the petition, the defendant
may be 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 recognize the custody
of a responsible member of the community who
shall guarantee his appearance whenever
required by the court.
Section 8. Criteria for Placing an Offender on
Probation. In determining whether an offender may be
placed on probation, the court shall consider all
information relative, to the character, antecedents,
environment, mental and physical condition of the
offender, and available institutional and community
resources. 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; or
(b) there is 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.
Section 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 years;
(b) convicted of any offense against the security of the
State;
(c) who have 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 the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every
probation order issued by the court shall
contain conditions requiring that the
probationer shall:
(a) present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the
order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least
once a month at such time and place as
specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to
change said employment without the prior written approval
of the probation officer;
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational
training;
(f) attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker
to visit his home and place or work;
(j) reside at premises approved by it and not to change his
residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation
of the defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order.
A probation order shall take effect upon its
issuance, at which time the court shall inform the offender
of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in
the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which
he was placed on probation.
Section 12. Modification of Condition of Probation.
During the period of probation, the court may, upon
application of either the probationer or the probation
officer, revise or modify the conditions or period of
probation. The court shall notify either the probationer or
the probation officer of the filing such an application so as
to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation
officer and the probationer of any change in the period or
Section 13. Control and Supervision of Probationer.
The probationer and his probation program shall be
under the control of the court who placed him on probation
subject to actual supervision and visitation by a probation
officer.
Whenever a probationer is permitted to reside in a
place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the
Court of First Instance of that place, and in such a case, a
copy of the probation order, the investigation report and
other pertinent records shall be furnished said Executive
Judge.
Thereafter, the Executive Judge to whom jurisdiction
over the probationer is transferred shall have the power
with respect to him that was previously possessed by the
court which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant
sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in
all other cases, said period shall not exceed six
years.
(b) When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of
probation shall not be less than nor to be more
than twice the total number of days of subsidiary
imprisonment as computed at the rate
established, in Article thirty-nine of the Revised
Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition.
At any time during probation, the court may issue a
warrant for the arrest of a probationer for violation of any of
the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court
for a hearing, which may be informal and summary, of the
violation charged.
The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to
probationers arrested under this provision.
If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof shall
not be appealable.
Section 16. Termination of Probation. After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of
his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be
furnished with a copy of such order.
Section 17. Confidentiality of Records. The
investigation report and the supervision history of a
probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation
Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of
his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the
probationer make such disclosure desirable or helpful:
Provided,
Further, That, any government office or agency
engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or
the Administration.
Section 18. The Probation Administration.
There is hereby created under the
Department of Justice an agency to be
known as the Probation Administration
herein referred to as the Administration,
which shall exercise general supervision
over all probationers.
The Administration shall have such staff,
operating units and personnel as may be
necessary for the proper execution of its
functions.
Section 19. Probation Administration. The Administration
shall be headed by the Probation Administrator, hereinafter
referred to as the Administrator, who shall be appointed by
the President of the Philippines. He shall hold office during
good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least
forty thousand pesos. His powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation
officers;
(c) make annual reports to the Secretary of Justice, in such
form as the latter may prescribe, concerning the operation,
administration and improvement of the probation system;
(d) promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation
process;
(e) recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in
this Decree; and
(f) generally, perform such duties and exercise
such powers as may be necessary or incidental to
achieve the objectives of this Decree.
Section 20. Assistant Probation
Administrator.
There shall be an Assistant Probation
Administrator who shall assist the
Administrator perform such duties as may
be assigned to him by the latter and as may
be provided by law. In the absence of the
Administrator, he shall act as head of the
Administration.
He shall be appointed by the President
of the Philippines and shall receive an
annual salary of at least thirty-six thousand
pesos.
Section 21. Qualifications of the Administrator
and Assistant Probation Administrator.
To be eligible for Appointment as
Administrator or Assistant Probation
Administrator, a person must be at least
thirty-five years of age, holder of a master's
degree or its equivalent in either criminology,
social work, corrections, penology,
psychology, sociology, public administration,
law, police science, police administration, or
related fields, and should have at least five
years of supervisory experience, or be a
member of the Philippine Bar with at least
seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer.
The Administration shall have regional offices organized
in accordance with the field service area patterns established
under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation
Officer who shall be appointed by President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and
control over all probation officer within his jurisdiction and such
duties as may assigned to him by the Administrator. He shall have
an annual salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by the
President of the Philippines, upon recommendation of the
Secretary of Justice, with an annual salary of at least twenty
thousand pesos.
Section 23. Provincial and City Probation
Officers. There shall be at least one
probation officer in each province and city
who shall be appointed by the Secretary of
Justice upon recommendation of the
Administrator and in accordance with civil
service law and rules.
The Provincial or City Probation Officer shall
receive an annual salary of at least eighteen
thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for
investigation by the proper court or the
Administrator;
(b) instruct all probationers under his supervision
of that of the probation aide on the terms and
conditions of their probations;
(c) keep himself informed of the conduct and
condition of probationers under his charge and
use all suitable methods to bring about an
improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit
such written reports as may be required by the
Administration or the court having jurisdiction over the
probationer under his supervision;
(e) prepare a list of qualified residents of the province
or city where he is assigned who are willing to act as
probation aides;
(f) supervise the training of probation aides and
oversee the latter's supervision of probationers;
(g) exercise supervision and control over all field
assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the
court or the Administration.
Section 24. Miscellaneous Powers of
Provincial and City Probation Officers.
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 police officer.
Section 25. Qualifications of Regional, Assistant
Regional, Provincial, and City Probation Officers.
No person shall be appointed Regional or
Assistant Regional or Provincial or City Probation
Officer unless he possesses at least a bachelor's degree
with a major in social work, sociology, psychology,
criminology, penology, corrections, police science,
administration, or related fields and has at least three
years of experience in work requiring any of the
abovementioned disciplines, or is a member of the
Philippine Bar with at least three years of supervisory
experience.
Whenever practicable, the Provincial or City
Probation Officer shall be appointed from among
qualified residents of the province or city where he will
be assigned to work.
Section 26. Organization.
Within twelve months from the approval
of this Decree, the Secretary of Justice shall
organize the administrative structure of the
Administration and the other agencies
created herein. During said period, he shall
also determine the staffing patterns of the
regional, provincial and city probation offices
with the end in view of achieving maximum
efficiency and economy in the operations of
the probation system.
Section 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.
Section 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.
Section 29. Violation of Confidential Nature of Probation
Records.
The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from
hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.
Section 30. Appropriations.
There is hereby authorized the appropriation of the
sum of Six Million Five Hundred Thousand Pesos or so
much as may be necessary, out of any funds in the
National Treasury not otherwise appropriated, to carry
out the purposes of this Decree. Thereafter, the amount of
at least Ten Million Five Hundred Thousand Pesos or so
much as may be necessary shall be included in the annual
appropriations of the national government.
Section 31. Repealing Clause.
inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 32. Separability of Provisions.
If any part, section or provision of
this Decree shall be held invalid or
unconstitutional, no other parts, sections
or provisions hereof shall be affected
thereby.
All provisions of existing laws, orders and
regulations contrary to or
Section 33. Effectivity.
This Decree shall take effect upon its
approval: Provided, However, That, the
application of its substantive provisions
concerning the grant of probation shall
only take effect twelve months after the
certification by the Secretary of Justice to
the Chief Justice of the Supreme Court
that the administrative structure of the
Probation Administration and of the other
agencies has been organized.
Thank
You!
