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PRESIDENTIAL DECREE NO. 968
PRESIDENTIAL DECREE NO. 968 -
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
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chanroblesvirtualawlibrary
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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
(a) promote the correction and rehabilitation of an
offender by providing him with individualized treatment;chanroblesvirtualawlibrary
(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 chanroblesvirtualawlibrary
(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:cralaw:red
(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. chanroblesvirtualawlibrary
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 to 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:cralaw:red
(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:cralaw:red
(a) sentenced to serve a maximum term of imprisonment
of more than six years;chanroblesvirtualawlibrary
(b) convicted of any offense against the security of
the State;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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:cralaw:red
(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;chanroblesvirtualawlibrary
(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:cralaw:red
(a) cooperate with a program of supervision;chanroblesvirtualawlibrary
(b) meet his family responsibilities; chanroblesvirtualawlibrary
(c) devote himself to a specific employment and not
to change said employment without the prior written approval of the
probation officer;chanroblesvirtualawlibrary
(d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a specified
institution, when required for that purpose;chanroblesvirtualawlibrary
(e) pursue a prescribed secular study or vocational
training;chanroblesvirtualawlibrary
(f) attend or reside in a facility established for
instruction, recreation or residence of persons on probation;chanroblesvirtualawlibrary
(g) refrain from visiting houses of ill-repute;chanroblesvirtualawlibrary
(h) abstain from drinking intoxicating beverages to
excess;chanroblesvirtualawlibrary
(i) permit the probation officer or an authorized
social worker to visit his home and place of work;chanroblesvirtualawlibrary
(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. chanroblesvirtualawlibrary
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 of 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 conditions of probation.
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. chanroblesvirtualawlibrary
(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. chanroblesvirtualawlibrary
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 makes 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:cralaw:red
(a) act as the executive officer of the
Administration;chanroblesvirtualawlibrary
(b) exercise supervision and control over all
probation officers;chanroblesvirtualawlibrary
(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; chanroblesvirtualawlibrary
(d) promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative to the methods and
procedures of the probation process;chanroblesvirtualawlibrary
(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 be 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. chanroblesvirtualawlibrary
His duties shall be to:cralaw:red
(a) investigate all persons referred to him for
investigation by the proper court or the Administrator;chanroblesvirtualawlibrary
(b) instruct all probationers under his supervision
or that of the probationde on the terms and conditions of their
probations;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(e) prepare a list of qualified residents of the
province or city where he is assigned who are willing to act as
probationdes;chanroblesvirtualawlibrary
(f) supervise the training of probationdes and
oversee the latter's supervision of probationers;chanroblesvirtualawlibrary
(g) exercise supervision and control over all field
assistants, probationdes 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 a police
officer. chanroblesvirtualawlibrary
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, police 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. Probationdes. — 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 probationdes.
Probationdes 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. chanroblesvirtualawlibrary
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 six 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. — All provisions of
existing laws, orders and regulations contrary to or 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.
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.
DONE in the City of Manila,
this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.
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Since 19.07.98
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