Title
Amendments to Probation Law of 1976
Law
Republic Act No. 10707
Decision Date
Nov 26, 2015
The Amendment to the Probation Law of 1976 grants trial courts the authority to suspend the execution of a sentence and place a defendant on probation, with specific terms and conditions, if the defendant applies within the period for perfecting an appeal, while also outlining the eligibility criteria, discharge process, and the appointment of Volunteer Probation Assistants.

Law Summary

Disqualified Offenders

  • Individuals sentenced to more than six years imprisonment.
  • Persons convicted of crimes against national security.
  • Those previously convicted by final judgment of offenses punishable by imprisonment over six months and one day or fines exceeding P1,000.
  • Former probationers under this law.
  • Persons already serving sentences when substantive provisions became applicable.

Termination of Probation

  • Court may order final discharge after probation period, based on probation officer’s report and recommendation.
  • Final discharge restores civil rights lost/suspended due to conviction and fully extinguishes criminal liability for the offense.
  • Copies of discharge order to be furnished to probationer and probation officer.

Powers of Probation Officers

  • Regional, Provincial, or City Probation Officers may administer oaths, acknowledgments, and take depositions relating to their duties.
  • They have police officer powers concerning probationers within their jurisdiction.
  • They are considered persons in authority.

Assistants and Subordinate Personnel

  • Probation Officers shall be assisted by field assistants and subordinate personnel as necessary for effective duty performance.

Volunteer Probation Assistants (VPAs)

  • Probation Administrator may appoint citizens of good repute and capability as VPAs to assist in supervised treatment programs.
  • VPAs are not regularly compensated but may receive transportation and meal allowances.
  • VPAs serve two-year terms, renewable or recallable for just cause.
  • Number, qualifications, functions, and case loads of VPAs are governed by implementing rules.
  • VPAs encouraged to organize at national, regional, provincial, and city levels for coordinated volunteer programs.

Separability Clause

  • Invalidity of any provision does not affect the remaining provisions which stay effective.

Repealing Clause

  • Existing laws, orders, rules, and regulations inconsistent with this Act are amended, repealed, or modified accordingly.

Appropriations Clause

  • Necessary funds for implementation shall be included in the General Appropriations Act following enactment.

Implementing Rules and Regulations

  • Department of Justice to issue rules within 60 days of Act approval to enforce provisions.

Effectivity

  • Act takes effect immediately upon publication in the Official Gazette or two newspapers of general circulation.

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