Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 968)
The official title is the Probation Law of 1976.
It applies to all offenders except those entitled to the benefits under Presidential Decree No. 603 and similar laws.
Its primary purposes are to promote the correction and rehabilitation of an offender through individualized treatment, provide an opportunity for reformation instead of imprisonment, and prevent the commission of offenses.
Probation is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and supervised by a probation officer.
No, offenders sentenced to serve maximum imprisonment of more than six years are disqualified from receiving probation benefits.
Conditions include reporting to a probation officer within 72 hours, monthly reporting thereafter, cooperating with supervision programs, meeting family responsibilities, maintaining employment, undergoing medical or psychological treatment when required, residing at approved premises, and other conditions related to rehabilitation as imposed by the court.
The court may issue a warrant for arrest, conduct a hearing, and if the violation is proven, revoke probation, requiring the probationer to serve the original sentence. The decision to revoke or modify probation conditions is not appealable.
The Probation Administrator heads the Probation Administration and is appointed by the President of the Philippines. The Administrator serves during good behavior and can only be removed for cause.
The Administrator must be at least 35 years old, hold a master's degree or equivalent in related fields such as criminology, social work, penology, law, or be a member of the Philippine Bar with seven years of supervisory experience.
No, such records are privileged and confidential, accessible only to the Probation Administration, the court concerned, the probationer or his attorney under certain conditions, and some government agencies involved in correction or rehabilitation.