S. No.
2280
H. No. 4147
Jlcpublit af tlje ^Iplippines
Congress of i\\t ^liilipptnos
(^etro (^ a n ila
Cangrcss
®I|trb I^Egular.^Bssinn
B egun and h e ld in M e tro M a n ila , on M o n d a y , th e tw e n ty - s e v e n th
d a y o f J u ly , t w o th o u s a n d fifte e n .
[ R e p u b l ic A ct N o . 10707 ]
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE “PROBATION LAW OF
1976”, AS AMENDED
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section l. Section 4 of Presidential Decree No. 968, as
amended, is hereby further amended to read as follows:
“S e c . 4. Grant of Probation. — Subject to the
provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant for
a probationable penalty and upon apphcation by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such
term s and conditions as it may deem best. No
application for probation shall be entertained or
granted if the defendant has perfected the appeal fixjm
the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment
is modified through the imposition of a probationable
penalty, the defendant shaU be allowed to apply for
probation based on the modified decision before such
decision becomes final. The application for probation
based on the modified decision shall be filed in the
trial court where the judgment of conviction imposing
a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffied.
In a case involving several defendants where some
have taken further appeal, the other defendants may
apply for probation by submitting a written appbcation
and attaching thereto a certified true copy of the
judgment of conviction.
“The tria l court shall, upon receipt of the
appUcation filed, suspend the execution of the sentence
imposed in the judgment.
“This notwithstanding, the accused shall lose the
benefit of probation should he seek a review of the
m odified decision which already imposes a
probationable penalty.
“Probation may be panted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the apphcation shall be deemed a waiver of
the right to appeal.
“An order granting or denying probation shall not
be appealable.”
Sec . 2. Section 9 of the same Decree, as amended, is
hereby further amended to read as follows;
“Sec . 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 (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 (Pl.OOO.OO);
“(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
apphcable pursuant to Section 33 hereof.”
Sec . 3. Section 16 of the same Decree, as amended, is
hereby further amended to read as follows;
“Sec . 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
suspended as a result of his conviction and to totally
extinguish his criminal Habifity 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.”
Sec . 4. Section 24 of the same Decree is hereby amended
to read as follows:
“S ec . 24. Miscellaneous Powers of Regional,
Provincial and City Probation Officers. —Regional,
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
fimctions under this Decree. They shall also have,
with respect to probationers under their care, the
powers of a pohce officer. They shall be considered
as persons in authority.”
Sec . 5. Section 27 of the same Decree is hereby amended
to read as follows:
“S e c . 27. F ield A ssistants, S u b o rd in ate
Personnel. —Regional, 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.”
Sec . 6. Section 28 of the same Decree is hereby amended
to read as follows:
“Sec . 28. Volunteer Probation Assistants (VPAs).
— To assist the Chief Probation and Parole Officers
in the supervised tre a tm e n t program of th e
probationers, the Probation Administrator may appoint
citizens of good repute and probity, who have the
willingness, aptitude, and capabihty to act as VPAs.
“VPAs shall not receive any regular compensation
except for reasonable transp o rtatio n and meal
allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term
which may be renewed or recalled anytime for a just
cause. Their functions, qualifications, continuance in
office and maximum case loads shall be further
prescribed under the im plem enting rules and
regulations of this Act.
‘There shall be a reasonable number of VPAs in
every regional, provincial, and city probation office.
In order to strengthen the functional relationship of
VPAs and the Probation Administrator, the latter
shah encourage and support the former to organize
themselves in the national, regional, provincial, and
city levels for effective utihzation, coordination, and
sustainabihty of the volunteer program.”
Sec . 7. Separability Clause. - If any provision of this
Act is declared invahd, the provisions hereof not affected by
such declaration shall remain in full force and effect.
Sec . 8. Repealing Clause. - All laws, executive orders,
or administrative orders, rules and regulations or parts thereof
which are inconsistent with this Act are hereby amended,
repealed or modified accordingly.
Sec . 9. Appropriations Clause. - The amount necessary
to carry out the provisions of this Act shall be included in
the General Appropriations Act of the year following its
enactment into law.
Sec . 10. Implementing Rules and Regulations. - Within
sixty (60) days from the approval of this Act, the Department
of Justice shall promulgate such rules and regulations as may
be necessary to carry out the provisions of this Act.
S e c . 11. Effectivity. - This Act shall take effect
immediately after its publication in the Official Gazette or in
two (2) newspapers of general circulation.
Approved,
f ELICIANO BELMONTE JR. [KLIN M. DRILON
Speaker of the House sident of the Senate
of Representatives
This Act which is a consohdat\oiui6f Senate Bill No. 2280
and House Bill No. 4147 was finaUj^passed by the Senate and
the House of Representatives on September 15, 2015 and
September 14, 2015, respectively.
Marilyn BT bar U($^yap OSCAKsGAft^BES
Secretary General SecretqFY'ortfreSenate
House of Representatives
NOV 2 6 2015
Approved;
BENIGN QUINO III
President of th Philippines
jaa^ o
or the ^ r e n b e n l ot the ^ h i l r p p t w
