The Probation Law of 1976 (PD No 968, as amended as further amended by RA 10707

RA 10707: An Act Amending PD No. 968, otherwise known as the "Probation Law of 1976", as amended (Approved November 26, 2015)
http://www.gov.ph/2015/11/26/republic-act-no-10707/

«  Section 3. (a) Probation

It 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.

«  Probation is a special privilege granted by the state to a penitent qualified offender. It essentially rejects appeals and encourages an otherwise eligible convict to immediately admit his liability and save the state the time, effort and expenses to jettison an appeal. (Sable vs. People)

«  Scope of the Decree

Ø  It shall apply to all offenders

Ø  Exceptions:

§  Those entitled to the benefits under the provisions of PD 603 (The Child and Youth Welfare Code – Minor – below 21 years old) and similar laws.

§  Section 9. Disqualified offenders (RA 10707)

a.     Sentenced to serve a maximum term of imprisonment of more than 6 years;

b.     Convicted of subversion or 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 day and/or a fine of more than one thousand pesos (P1000);

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. (as amended by PD 1990).

«  Section 2. Purpose

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 4. Grant of probation

Ø “SEC. 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 application 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 terms and conditions as it may deem best. No application for probation shall be entertained or granted if the defendant has perfected the appeal from 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 shall 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-raffled. In a case involving several defendants where some have taken further appeal, the other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application 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 modified decision which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of the application shall be deemed a waiver of the right to appeal. 

“An order granting or denying probation shall not be appealable.” 

(RA 10707)

«  However, in the fairly recent case of Colinares vs. People, G.R. No. 182748, December 13, 2011, the Supreme Court took another look at the probation law, and allowed the grant of probation to an accused who has appealed his conviction.

«  Section 5. Post-Sentence Investigation

Ø  Prior investigation by the probation officer

ü  Section 6. Form of investigation Report

§  Form prescribed by the probation Administrator and approved by the Secretary of Justice.

ü  Section 7. Period for submission of investigation Report

§  Not later than 60 days from the receipt of the order of the court to conduct the investigation, the probation officer shall submit to the court the investigation on a defendant.

Ø  A determination by the court

ü  Section 7.

§  Not later than 15 days after the receipt of the report, the court shall resolve the application for probation.

«  Section 8. Criteria of placing an offender on Probation

Ø  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.

Ø  Probation shall be denied if the courts 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 commited.

«  Section 10. Conditions of Probation

1.     The mandatory conditions require 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 72 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.

2.     Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and rehabilitation outside of prison and right in the community to which he belongs.

«  Section 12. Modification of Conditions of Probation

Ø  During the period of probation, the court may upon application of either the probationer of the probation officer, revise or modify the conditions or period of probation.

Ø  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.

Ø  The court shall inform in writing the probation officer and the probationer of any charge in the period of conditions of probation.

«  Section 13. Control and Supervision of Probationer

Ø  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.

Ø  Transfer of residence

§  The control over him shall be transferred to the Executive Judge of the Court of First Instance of that place.

«  Section 14. Period of Probation

a.     Term of imprisonment of not more than one year :

Probation shall not exceed two years

§  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 :

Probation shall not be less than nor more than twice the total number of days of subsidiary imprisonment.

«  A violation of any of the conditions may lead either to:

 a.     More restrictive modification of the same or

b.     The revocation of the grant of probation
Consequent to the revocation, the probationer will have to serve the sentence originally imposed. (Section 11)

«  Section 15. Arrest of Probationer; Subsequent Dispositions.

Revocation of Probation

Ø  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.

Ø  The probationer, once arrested and detained, shall 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 charged with a crime shall be applicable to probationers arrested under this provision.

Ø  An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.

«  Section 16. Termination of Probation (RA 10707)

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 liability as to the offense for which probation was granted.

The probationers and the probation officer shall each be furnished with a copy of such order.

«  Section 17. Confidentiality of Records

Ø  It shall be privilege and shall not be disclosed directly or indirectly to anyone other than the Probation administration or the court concerned.

Ø  Exception: Court’s discretion

Ø  Section 29. Violation of confidential Nature of Probation Records

ü  Imprisonment: 6months and 1 day to 6 years and

ü  Fine: P600 to P6000.

«  Section 18. The Probation Administration

Ø  Administration which shall exercise general supervision over all probationers.

Ø  It is created under the Department of Justice.

Ø  It shall have such staff, operating units and personnel as may be necessary for the proper execution of its functions.

«  Section 19. Probation Administrator

Ø  Head of the Administration

Ø  Appointed by the President

Ø  He shall hold the office during good behaviour and shall not be removed except for cause.

«  Section 20. Assistant Probation Administrator.

Ø  He shall assist the Administrator and perform such duties as may be assigned to him by the latter and as may be provided by law.

«  Section 22. Regional Office; Regional Probation Officer.

Ø  Regional Offices

§  Organized in accordance with the field service area pattern established under the Integrated Reorganization Plan.

Ø  Regional Probation Officer

§  Head of regional office

§  He shall exercise supervision and control over all probation officers within his jurisdiction and such duties as may be assigned to him by the Administrator.

«  Section 23. Provincial and City Probation Officers

Ø  Appointed by the Secretary of Justice.

«  Section 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. (RA 10707)
           Ø Regional, Provincial or City Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and acknowledgements 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. They shall be considered as persons in authority.

«  Section 27. Field Assistants, Subordinate Personnel (RA 10707)

Ø  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.

«  Section 28. Volunteer Probation Assistants (VPAs) (RA 10707)

Ø  To assist the Chief Probation and Parole Officers in the supervised treatment program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who have willingness, aptitude, and capability to act as VPAs.

VPAs shall not receive any regular compensation except for reasonable transportation 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 just cause. Their functions, qualifications, continuance in office and maximum case loads shall be further prescribed under the implementing rules and regulations of this Act.

There shall be 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 shall encourage and support the former to organize themselves in the national, regional, provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer program.