MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR 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...
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Presidential Decrees
PROBATION LAW
Presidential Decree No. 968
Title: Establishing a Probation System
Purpose (Section 2):
- Promote correction and rehabilitation of offenders through individualized treatment.
- Provide opportunity for reformation of penitent offenders, which may be less probable with imprisonment.
- Prevent commission of offenses.
Definitions (Section 3):
- Probation: Defendant is released after conviction and sentence, subject to conditions and supervision.
- Probationer: Person placed on probation.
- Probation Officer: Investigates for probation referral or supervises probationer.
Grant of Probation (Section 4):
- Court may suspend sentence execution and place defendant on probation with terms and conditions.
- Probation may be granted for imprisonment or fine sentence.
- Application for probation waives right to appeal or withdraws pending appeal.
- Order granting or denying probation is not appealable.
Investigation and Report (Sections 5-7):
- Probation requires prior investigation by probation officer and court determination of suitability.
- Investigation report form prescribed by Probation Administrator and approved by Secretary of Justice.
- Report submitted within 60 days; court resolves petition within 5 days after report.
- Defendant may be released on bail or recognizance pending report and resolution.
Criteria for Probation (Section 8):
- Court considers offender's character, antecedents, environment, mental and physical condition, and available resources.
- Probation denied if offender needs institutional correctional treatment, undue risk of committing another crime, or probation depreciates offense seriousness.
Disqualified Offenders (Section 9):
- Sentenced to more than 6 years imprisonment.
- Convicted of offense against state security.
- Previously convicted of offense punished by at least 1 month and 1 day imprisonment or ₱200 fine.
- Previously granted probation under this law.
- Already serving sentence when law became applicable.
Conditions of Probation (Sections 10-11):
- Probationer must report to designated probation officer within 72 hours and at least monthly.
- Court may require cooperation with supervision program, meeting family responsibilities, maintaining employment, medical/psychological treatment, pursuing studies or training, residing in approved facility, refraining from ill-repute places, abstaining from excessive drinking, allowing home/work visits, and other conditions for rehabilitation.
- Probation order takes effect upon issuance; offender informed of consequences for non-compliance or new offense.
Modification of Conditions (Section 12):
- Court may revise or modify probation conditions or period upon application by probationer or probation officer.
- Parties notified of application and given opportunity to be heard.
- Probation officer and probationer informed in writing of any changes.
Control and Supervision (Section 13):
- Probationer under court's control, subject to probation officer's supervision and visitation.
- If probationer resides in another court's jurisdiction, control transferred to that court's Executive Judge.
Period of Probation (Section 14):
- For sentence up to 1 year imprisonment, probation period up to 2 years.
- For other cases, probation period up to 6 years.
- For fine-only sentence with subsidiary imprisonment, probation period between the total subsidiary imprisonment days and twice that amount.
Arrest and Disposition (Section 15):
- Court may issue arrest warrant for probation violation.
- Probationer brought before court for summary hearing; may be admitted to bail.
- If violation established, court may revoke or continue probation and modify conditions.
- If revoked, probationer serves original sentence; revocation order not appealable.
Termination of Probation (Section 16):
- After probation period, court may order final discharge upon finding probationer fulfilled terms and conditions.
- Discharge restores civil rights lost due to conviction and discharges liability for fine.
- Probationer and probation officer furnished with discharge order copy.
Confidentiality of Records (Section 17):
- Investigation report and supervision history privileged and not disclosed except to Probation Administration, court, or when permitted by court for probationer's best interest.
- Government offices engaged in offender correction/rehabilitation may obtain records for official use.
Probation Administration (Sections 18-28):
- Probation Administration created under Department of Justice to supervise probationers.
- Headed by Probation Administrator appointed by President, with powers and duties specified.
- Assistant Probation Administrator assists Administrator.
- Qualifications for Administrator and Assistant Administrator specified.
- Regional offices headed by Regional Probation Officers appointed by President.
- Provincial and City Probation Officers appointed by Secretary of Justice, with duties and powers specified.
- Qualifications for Regional, Provincial, and City Probation Officers specified.
- Field assistants and subordinate personnel assist Probation Officers.
- Probation Aides appointed by Administrator to assist in supervision, with qualifications and caseloads specified.
Penalty for Violation of Confidentiality (Section 29):
- Imprisonment of 6 months and 1 day to 6 years, and fine of ₱100 to ₱6,000 for violating confidentiality of probation records.
Appropriations (Section 30):
- ₱6,500,000 appropriated initially; at least ₱10,500,000 annually thereafter.
Repealing Clause (Section 31):
- Provisions contrary to or inconsistent with this law repealed or modified.
Separability Clause (Section 32):
- If any part is held invalid or unconstitutional, other parts remain in effect.
Effectivity (Section 33):
- Law takes effect upon approval.
- Substantive probation provisions take effect 12 months after Secretary of Justice certifies administrative structure organized.
Purpose (Section 2):
- Promote correction and rehabilitation of offenders through individualized treatment.
- Provide opportunity for reformation of penitent offenders, which may be less probable with imprisonment.
- Prevent commission of offenses.
Definitions (Section 3):
- Probation: Defendant is released after conviction and sentence, subject to conditions and supervision.
- Probationer: Person placed on probation.
- Probation Officer: Investigates for probation referral or supervises probationer.
Grant of Probation (Section 4):
- Court may suspend sentence execution and place defendant on probation with terms and conditions.
- Probation may be granted for imprisonment or fine sentence.
- Application for probation waives right to appeal or withdraws pending appeal.
- Order granting or denying probation is not appealable.
Investigation and Report (Sections 5-7):
- Probation requires prior investigation by probation officer and court determination of suitability.
- Investigation report form prescribed by Probation Administrator and approved by Secretary of Justice.
- Report submitted within 60 days; court resolves petition within 5 days after report.
- Defendant may be released on bail or recognizance pending report and resolution.
Criteria for Probation (Section 8):
- Court considers offender's character, antecedents, environment, mental and physical condition, and available resources.
- Probation denied if offender needs institutional correctional treatment, undue risk of committing another crime, or probation depreciates offense seriousness.
Disqualified Offenders (Section 9):
- Sentenced to more than 6 years imprisonment.
- Convicted of offense against state security.
- Previously convicted of offense punished by at least 1 month and 1 day imprisonment or ₱200 fine.
- Previously granted probation under this law.
- Already serving sentence when law became applicable.
Conditions of Probation (Sections 10-11):
- Probationer must report to designated probation officer within 72 hours and at least monthly.
- Court may require cooperation with supervision program, meeting family responsibilities, maintaining employment, medical/psychological treatment, pursuing studies or training, residing in approved facility, refraining from ill-repute places, abstaining from excessive drinking, allowing home/work visits, and other conditions for rehabilitation.
- Probation order takes effect upon issuance; offender informed of consequences for non-compliance or new offense.
Modification of Conditions (Section 12):
- Court may revise or modify probation conditions or period upon application by probationer or probation officer.
- Parties notified of application and given opportunity to be heard.
- Probation officer and probationer informed in writing of any changes.
Control and Supervision (Section 13):
- Probationer under court's control, subject to probation officer's supervision and visitation.
- If probationer resides in another court's jurisdiction, control transferred to that court's Executive Judge.
Period of Probation (Section 14):
- For sentence up to 1 year imprisonment, probation period up to 2 years.
- For other cases, probation period up to 6 years.
- For fine-only sentence with subsidiary imprisonment, probation period between the total subsidiary imprisonment days and twice that amount.
Arrest and Disposition (Section 15):
- Court may issue arrest warrant for probation violation.
- Probationer brought before court for summary hearing; may be admitted to bail.
- If violation established, court may revoke or continue probation and modify conditions.
- If revoked, probationer serves original sentence; revocation order not appealable.
Termination of Probation (Section 16):
- After probation period, court may order final discharge upon finding probationer fulfilled terms and conditions.
- Discharge restores civil rights lost due to conviction and discharges liability for fine.
- Probationer and probation officer furnished with discharge order copy.
Confidentiality of Records (Section 17):
- Investigation report and supervision history privileged and not disclosed except to Probation Administration, court, or when permitted by court for probationer's best interest.
- Government offices engaged in offender correction/rehabilitation may obtain records for official use.
Probation Administration (Sections 18-28):
- Probation Administration created under Department of Justice to supervise probationers.
- Headed by Probation Administrator appointed by President, with powers and duties specified.
- Assistant Probation Administrator assists Administrator.
- Qualifications for Administrator and Assistant Administrator specified.
- Regional offices headed by Regional Probation Officers appointed by President.
- Provincial and City Probation Officers appointed by Secretary of Justice, with duties and powers specified.
- Qualifications for Regional, Provincial, and City Probation Officers specified.
- Field assistants and subordinate personnel assist Probation Officers.
- Probation Aides appointed by Administrator to assist in supervision, with qualifications and caseloads specified.
Penalty for Violation of Confidentiality (Section 29):
- Imprisonment of 6 months and 1 day to 6 years, and fine of ₱100 to ₱6,000 for violating confidentiality of probation records.
Appropriations (Section 30):
- ₱6,500,000 appropriated initially; at least ₱10,500,000 annually thereafter.
Repealing Clause (Section 31):
- Provisions contrary to or inconsistent with this law repealed or modified.
Separability Clause (Section 32):
- If any part is held invalid or unconstitutional, other parts remain in effect.
Effectivity (Section 33):
- Law takes effect upon approval.
- Substantive probation provisions take effect 12 months after Secretary of Justice certifies administrative structure organized.