The Probation Law of the

Philippines
(Presidential Decree No. 968, As Amended by RA
10707)
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PHILIPPINE PROBATION LAW

On July 24, 1976, Presidential Decree No. 968 was promulgated.

This law applies to adult convicts and first time minor drug offenders
by virtue of RA 9165 particularly Section 70, the law which is more
popularly known as the Comprehensive Dangerous Drugs Act of
2002
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Meaning of Terms

 Probation – is a disposition under which defendant, after

conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer.
 Probationer – means a person placed on probation.
 Probation Officer – means one who investigates for the court a
referral for probation or supervise a probationer or both.
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Probation as a term and as a procedure is derived from the Latin word

"Probare” meaning to prove. Therefore, as the term Latin Etymology states,
probation involves the testing of an offender as he proves that he is worthy of his
freedom. Probation can be defines as a sentence imposed by the courts on
offenders who have either pleaded guilty or have been found guilty. Instead of
being incarcerated, an offender placed on probation is retained in the community
under the supervision of a probation agency. The offender is provided supervision
and services. Continuation of probation depends on the offender's compliance
with the rules and conditions of the probation sentence.
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Probation is a mere privilege and its grant rests solely upon the
discretion of the court. Probation is not a right of the accused, but rather
an act of grace and clemency or immunity conferred by the state which
may be granted by the court to a seemingly deserving defendant who
hereby escapes the extreme rigors of the penalty imposed by law for the
offense of which he stand convicted.
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Probation generally follows a trial at which the person has been

found guilty, or a plea guilty is entered in lieu of an actual trial. It permits
the offender to remain within the community subject to good behavior, no
involvement in further illegal behavior, and other conditions imposed by
the court, such as restitution to victims or to attend the alcoholics’
anonymous group sharing sessions. Probation not only prevents further
stigma of imprisonment and its damaging effects; the offender to
continue to work and support any dependents.
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As practiced in the Philippines, probation implies a contract

between the court and the offender in which the former promises to hold
a prison term in abeyance while the latter promises to adhere to a set of
rules or conditions required by the court. If the rules are violated,
especially if the offender commits another criminal offense, probation
may be revoked; this means that the contract is terminated and the
original sentence enforced. Probation may be revoked simply because the
rules and conditions of probation have not met, even if the offender has
not committed another crime.
Historical Context of Probation 8

Probation developed out of various practices used under English

common law. One such practice, known as benefit of clergy, seems to be the
earliest device for softening brutal severity of punishment. It allowed certain
accused individuals to appeal to the court for leniency in sentencing by
reading from the Bible. Another practice was judicial reprieve, whereby a
convicted offender could ask the judge to suspend the sentence on the
condition that the offender displays future good behavior. It is a temporary
withholding of sentence, practiced by the English Court in early 17th
century, where they grant reprieves to prisoners under sentence of death on
the condition that they accept deportation or transportation.
 Two names are closely associated with the founding of probation:
Matthew Davenport Hill, an 18th-century English barrister and judge; and 9
John Augustus, a 19th-century Boston boot-maker.

Matthew Davenport Hill John Augustus

Father of Probation in England Father of Probation
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The Purposes of the Philippine Probation
Law
1. Promote the correction and rehabilitation by providing the
offender with individualized treatment;
2. Provide an opportunity for the reformation of an offender which
might be less probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses (Section 2, PD 968)
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Other purposes:

1. To establish a more enlightened and humane correctional

systems that will promote the reformation of offenders
and thereby reduce the incidence of recidivism; and
2. To avoid confinement of all offenders in prisons and
other institutions for rehabilitation that surely constitutes
an onerous drain on the financial resources of the
government
Notes: 12
 As an individualize and community-based treatment Probation created a
relationship between the probationer and a probation officer, the latter
exercising supervision over the former. This relationship assumes the
willingness of the probationer to be placed on probation.
 Probation supervision implies a systematic guidance and assistance of the
probation officer for personalized treatment for the probationer. This
constitutes the probationary treatment. A community-based treatment
underlines the goal of re-integrating the probationer into the mainstream of
society. Hence, community involvement and support are important for the
development, recreation, education and other treatment and prevention
programs aimed at reducing the alienation of the probationer from the
community.
 Notes: 13
 As an opportunity for reformation Section 2 (b) expresses the concept of probation as
an opportunity for reformation. The basis for such assertion is the idea that probation is
a humane correctional treatment of offenders. Inherently, the concept recognizes the
lesser probability of reformation if a duly convicted and sentenced offender is
incarcerated thereby directly causing disruption of his normal family and social
relationships. The opportunity to reform and assume a normal life is greatly enhanced
when the offender is released, after conviction and sentence, to the custodial
supervision of a probation officer. At this juncture, it must be noted that only offenders
who are likely to respond to individualized and community-based treatment programs
can avail of probation. It is the ultimate goal of probation that probationers be
productive members of the society thereby assuming family as well as community
responsibilities.
 Notes: 14
• To prevent the commission of offense - Probation is an alternative incarceration.
It represents an enlightened and humane correction system. Recognizing the
likelihood that crime is an outgrowth of a situation such as family problem or
unemployment or the likelihood that the crime is significantly related to other
condition such as when the offender is suffering from a mental illness or
psychological abnormality. Probation seeks to correct archaic belief that
incarceration deters commission of crimes. The means to achieve such is
through individualized and community-based treatment. Moreover, long term
imprisonment tends to erode the offender's capacity for responsibility and
capability to assume a respectable social life. The objective of probation
therefore, is for the protection and welfare of the society through prevention of
the commission of crime.
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Advantages of Probation

1. It prevents crime by giving freedom and rehabilitation only to those convict who are not
likely to re-commit violation of penal laws.
2. It protects the society by placing the probationer under supervision of probation officer.
3. It conforms to the concept of restorative justice.
4. It gives another chance in life and provides opportunity to be rehabilitated to the penitent
convict.
5. It prevents first time convict to become hardened criminal.
6. More economical or less costly on the part of the government.
7. Provides solution of overcrowded jail and prison facilities.
8. It restores successful probationers his civil rights.
9. It makes the probationer a taxpayer instead of tax eater.
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Persons Disqualified to be placed on
Probation
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 (6) years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
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.
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Statutory Attributes of Philippine
Probation System

The probation system established in the Philippines has at

least three important characteristics that make it different from other
probation systems of other jurisdictions.
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1. It is a "once in a lifetime affair, meaning that a convicted person can
only avail the privilege of a probation once in his lifetime. If he is
convicted again, such person can no longer avail himself of another
probation. However, in Western countries, a person can avail of
probation as many times as he is convicted of violating penal laws.

2. Selective application. Probation is made available only to those

convicted of certain crimes. Crimes against national security, like
treason and espionage are excluded. Those who are sentenced to prison
terms of more than six years are also excluded from the probation
privilege.
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3. Persons under probation retain their civil rights, like the right to
vote, or practice one's profession, or exercise parental or marital
authority. In most Western countries, in order that a person who had
undergone probation may be restored his civil rights, he must initiate
separate court proceedings. It is relevant to notice that Presidential
Decree No. 968 is a legal framework which will serve as basis for the
implementation of the probation system in the country.

4. The suspension of the execution of sentence is conditional, violations

of any of the condition may cause revocation of the privilege
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5. Conditions of probation to be imposed by the court to
protect public safety and to foster the rehabilitation and
reformation of the probationer.
6. Jurisdiction of the court is continuing in character
7. Post Sentence Investigation Report is mandatory, which
will serve as informational guide for the court's decision in
granting or denying the same.
8. Supervision, guidance and assistance by the Probation
Officer over the probationer.
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Basic Guidelines for Probation Application

 Application for probation shall be filed with the trial court, which
has jurisdiction over the case. Such court is the very same court
that heard, tried, decided and imposed penalty against the
convicted person.
Note: There is no other court that can exercise
jurisdiction regarding the probation
application, except for the trial court which
previously exercised jurisdiction
over the criminal offense.
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 The filing of an application for probation is jurisdictional. The time of

filing shall be within the period for perfecting an appeal. Under the
Revised Rules of Court the period of perfecting an appeal is fifteen
(15) days.
 The application shall be in the form approved by the Secretary of
Justice as recommended by the PPA Administrator.
 The trial court may notify the concerned prosecuting officer of the
filing of the applicant at a reasonable time it deems necessary, before
the schedule hearing thereof.
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 The prosecuting officer may submit his comment, if any, on the
application within reasonable time given to him by the trial court from
his receipt of the notice for him to comment.
 If the trial court finds that the application is due in form and the
applicant appears to be qualified for the grant of probation, it shall
order the city or provincial Parole and Probation office to conduct a
post-sentence investigation and submit the same within 60 days from
receipt of the order of said court to conduct the investigation.
 The court has five (5) days from the time the court received the post-
sentence investigation report to resolve the application.
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Consequences of Filing of Application for
Probation
 The trial court, upon receipt of the application filed, suspend the execution
of the sentence imposed on the judgment.
 Pending submission of the post-sentence investigation and resolution on the
application, the applicant may be allowed on temporary liberty under his
bail filed in the criminal case.
 Where no bail is filed or applicant is incapable of filing one, the trial court
may allow the release of the applicant on recognizance.
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Note: Recognizance is a mode of securing the release of any person

in custody or detention for the commission of an offense who is unable
to post bail due to abject poverty. The court where the case of such
person has been filed shall allow the release of the accused on
recognizance as provided herein, to the custody of a qualified
member of the barangay, city or municipality where the accused
resides (Section 3 of RA 10389)
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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
Post-sentence as that of the applicant for probation will be served
thereby.
Investigation Note:
(PSI)  Post-Sentence Investigation is mandatory it is a
pre-requisite in granting probation. The court has
no jurisdiction to render decision whether to
grant or deny the application in the absence of
PSI.
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Purpose of Post Sentence Investigation
Report

To an able the trial court to determine whether or not the ends of

justice and the best interest of the public primarily, as well as that of
the applicant, would be served by the grant or denial of the
application.
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When Probation Order become Effective

It shall take effect upon its issuance at which time the

court shall inform the offender of the consequences
thereat and explain that upon his failure to comply
with any of the conditions prescribed in the said
order or his commission of another offense under
which he was placed on probation.
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Obligation of a Probationer

1. Present himself to the probation officer within 72 hours from

receipt of probation order.
2. Report himself to the probation officer at least once a month
during the period of probation.
3. Not to violate the conditions of his probation
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Terms and Conditions of Probation

Two kinds of conditions in probation: (1) mandatory; (2) discretionary.

Mandatory or General Conditions

1. To present himself to the Probation Office for supervision within 72 hours
from receipt of the probation order
2. To report to the assign probation officer at least once a month during the
period of probation at such time and place as may be specified by the
Probation Office.
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Discretionary or Special Conditions
1. Cooperate with his program of probation treatment and supervision;
2. Meet his family responsibility;
3. Devote himself to a specific employment and not to change said
employment without prior written approval of the Chief Probation and Parole
officer;
4. Undergo medical, or psychological, or clinic, or drug or psychiatric
examinations and treatment and remain in a specified institution, when
required for the purpose;
5. Comply with a program of payment civil liability of the offended party or
his heirs, when required by the trial court of as embodied in its decision or
resolution;
6. Pursue a prescribed secular study or vocational training; 32
7. Attend or reside in a facility established for instruction, schedule or
residence of persons on probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating beverage to excess;
10. Permit the supervising probation officer on case or authorized social
worker to visit his home and place of work;
11. Reside at premises approved by the trail court and not to change his
residence without proper approval of the said court; and
12. Satisfy other conditions related to his rehabilitation into a useful citizen,
which is not unduly restrictive of his liberty or incompatible with his
freedom of conscience.
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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.
The primary purposes are as follows:
1. To ensure the probationer's compliance with the probation conditions and the
prescribed probation treatment and supervision program/plan;
2. To manage the process of the probationer's rehabilitation and reintegration into the
community; and
3. To provide guidance for the probationer's transformation and development into a
useful citizen for his eventual reintegration to the mainstream of society
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Period of Probation

a) The period of probation of a convict 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
(Section 14-a, PD 968 as amended).
b) When the sentence imposes a fine only and the convict is made to
serve subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor be more than twice the total
number of days of subsidiary imprisonment as computed at the rate
established in Article 39 of the Revised Penal Code, as amended
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Arrest of Probationer; Subsequent
Dispositions

At any time during probation, the court may issue a warrant

for the arrest of a probationer for any serious violation of the
conditions of probation. The probationer, once arrested and detained,
shall be immediately be brought before the court for a hearing of the
violation charged. The defendant may be admitted to bail pending
such hearing. In such case, the provisions regarding release on bail
of persons charge with a crime shall be applicable to probationers
arrested under these provisions.
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In the hearing, which shall be summary in nature, the probationer shall
have the right to be informed of the violation charged and to adduce evidence
in his favor. The court shall not be bound by the technical rules of evidence but
may inform itself of all the facts which are material and relevant to ascertain
the veracity of the charge. The state shall be represented by a prosecuting
officer in any contested hearing. 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 14 of PD 968 as amended
by PD 1257)
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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.
 PAROLE AND
PROBATION
ADMINISTRATION
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Parole and Probation Administration (PPA)

Parole and Probation Administration (formerly known as Probation
Administration)

Created virtue Presidential Decree No. 968, "The Probation Law

of 1976", to administer the probation system. Under Executive Order
No. 292, "The Administrative Code of 1987" which was promulgated
on November 23, 1989, the Probation Administration was renamed
"Parole and Probation Administration" and given the added function
of supervising prisoners who, after serving part of their sentence in
jails are released on parole pardon with parole conditions.
 Administration of the Parole and Probation System 40
The programs and activities of the Parole and Probation Administration (PPA) fall under either
Investigation or Supervision.

The PPA undertakes the following functions under its investigation mandate:

Investigation
1. Conduct character investigation of petitioners or applicants for probation referred for
evaluation by the courts.
2. Conduct studies on the petitioner's antecedents, mental and physical conditions, character,
socioeconomic status, criminal records, family and educational background, and other
aspects of his life.
3. Submit to the court a post-sentence investigation report, which will be the basis for
granting or denying probation.
4. Conduct pre-parole and executive clemency investigation and submission of
recommendations to the Board of Pardons and Parole.
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Supervision

Under its supervision mandate, the PPA performs the following functions:
1. Provide guidelines, rules and regulations on the implementation of the
Probation Law, and on the proper compliance/observance by clients of their
conditions for parole, probation and pardon;
2. Monitor compliance by client with said conditions and report the same to
proper authorities; and
3. Undertake reformation programs for probationers, parolees and pardonees
through community-based rehabilitation/treatment activities like job-
placement referrals, vocational skills training, literacy programs, livelihood
projects and other moral, spiritual, social, and economic activities to uplift
their lives.