Core definitions and meanings
- Probation means a disposition where, after conviction and sentence, the defendant is released subject to conditions set by the court and supervised by a probation officer (Section 3[a]).
- A Probationer is the person placed on probation (Section 3[b]).
- A Probation Officer is one who investigates for the court a referral for probation, supervises a probationer, or both (Section 3[c]).
Grant of probation and application
- After conviction and sentencing, the court may, upon application of the defendant at any time, suspend execution of the sentence and place the defendant on probation for a period and on terms and conditions the court deems best (Section 4).
- Probation may be granted whether the sentence imposes a term of imprisonment or a fine only (Section 4).
- An application for probation must be filed with the trial court; if an appeal has been taken from the sentence of conviction, the application must have notice to the appellate court (Section 4).
- Filing the application is deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal (Section 4).
- An order granting or denying probation is not appealable (Section 4).
Investigation requirements before probation
- No person may be placed on probation unless there is a prior investigation by the probation officer and a court determination that the ends of justice and the best interests of both the public and the defendant will be served (Section 5).
- The investigation report must be in the form prescribed by the Probation Administrator and approved by the Secretary of Justice (Section 6).
- The probation officer must submit the investigation report not later than sixty days from receipt of the court’s order to conduct the investigation (Section 7).
- The court must resolve the petition for probation not later than five days after receipt of the investigation report (Section 7).
- While the investigation report is pending and the petition is unresolved, the defendant may be allowed temporary liberty under the bail filed in the criminal case (Section 7).
- If no bail was filed or the defendant is incapable of filing one, the court may allow release on recognizance to the custody of a responsible member of the community who shall guarantee the defendant’s appearance whenever required by the court (Section 7).
Criteria for granting or denying probation
- In deciding whether to place an offender on probation, the court must consider all information on the offender’s (a) character, (b) antecedents, (c) environment, (d) mental and physical condition, and (e) available institutional and community resources (Section 8).
- Probation must be denied if the court finds any of the following:
- the offender needs correctional treatment that can be provided most effectively by commitment to an institution (Section 8[a]);
- there is an undue risk the offender will commit another crime during probation (Section 8[b]); or
- probation would depreciate the seriousness of the offense committed (Section 8[c]).
Who is disqualified; effect of probation order
- Probation benefits are not extended to those who are:
- sentenced to serve a maximum term of imprisonment of more than six years (Section 9[a]);
- convicted of any offense against the security of the State (Section 9[b]);
- previously convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos (Section 9[c]);
- once already on probation under this Decree (Section 9[d]);
- already serving sentence when the substantive provisions become applicable under Section 33 (Section 9[e]).
- A probation order takes effect upon its issuance; the court must inform the offender of the consequences and explain that failure to comply with any condition or commission of another offense will require serving the penalty imposed for the offense for which probation was granted (Section 11).
Probation terms: mandatory and optional conditions
- Every probation order must require the probationer to:
- present himself to the probation officer designated for supervision at a place specified in the order within seventy-two hours from receipt of the order (Section 10[a]); and
- report to the probation officer at least once a month at the time and place specified by the probation officer (Section 10[b]).
- The court may additionally require conditions related to supervision and rehabilitation, including requiring the probationer to:
- cooperate with a supervision program (Section 10[c]);
- meet family responsibilities (Section 10[b] as enumerated under the same clause set);
- devote himself to a specific employment and not change employment without the prior written approval of the probation officer (Section 10[c] in the enumerated list);
- undergo medical, psychological, or psychiatric examination and treatment and enter and remain in a specified institution when required (Section 10[d]);
- pursue prescribed secular study or vocational pursuits (Section 10[e]);
- attend or reside in a facility established for instruction, recreation, or residence of persons on probation (Section 10[f]);
- refrain from visiting houses of ill-repute (Section 10[g]);
- abstain from drinking intoxicating beverages to excess (Section 10[h]);
- permit the probation officer or an authorized social worker to visit the probationer’s home and place of work (Section 10[i]);
- reside at premises approved by the court and not change residence without prior written approval (Section 10[j]); or
- satisfy any other rehabilitation-related condition that is not unduly restrictive of liberty or incompatible with freedom of conscience (Section 10[k]).
Modification, control, and supervision transfer
- During probation, the court may revise or modify the conditions or period of probation upon application of either the probationer or the probation officer (Section 12).
- The court must notify the probationer or probation officer about the filing of such application to allow both parties an opportunity to be heard (Section 12).
- The court must inform in writing the probation officer and probationer of any change in the period or conditions of probation (Section 12).
- The probationer and the probation program remain under the control of the court that granted probation, subject to actual supervision and visitation by a probation officer (Section 13).
- If the probationer is allowed to reside in a place under another court’s jurisdiction, control transfers to the Executive Judge of the Court of First Instance of that place (Section 13).
- A copy of the probation order, the investigation report, and other pertinent records must be furnished to the transferred Executive Judge (Section 13).
- After transfer, the Executive Judge holds powers regarding the probationer that were previously possessed by the court that granted probation (Section 13).
Probation duration and termination
- For a defendant sentenced to a term of imprisonment of not more than one year, probation may not exceed two years (Section 14[a]).
- For all other cases, probation may not exceed six years (Section 14[a]).
- When the sentence imposes a fine only and the offender must serve subsidiary imprisonment in case of insolvency, the probation period must be not less than nor more than twice the total number of days of subsidiary imprisonment, computed at the rate established in Article thirty-nine of the Revised Penal Code, as amended (Section 14[b]).
- After the probation period ends, the court may order final discharge after consideration of the report and recommendation of the probation officer, upon finding the probationer fulfilled all terms and conditions; the case is then deemed terminated (Section 16).
- Final discharge restores all civil rights lost or suspended due to the conviction and fully discharges liability for any fine imposed for the offense for which probation was granted (Section 16).
- The probationer and the probation officer must each be furnished a copy of the order of final discharge (Section 16).
Arrest, hearings for violations, and revocation
- During probation, the court may issue a warrant for the arrest of a probationer for violation of any condition (Section 15).
- Once arrested and detained, the probationer must be brought immediately before the court for a hearing on the violation; the hearing may be informal and summary (Section 15).
- The defendant may be admitted to bail pending the hearing, and the rules on release on bail of persons charged with a crime apply to probationers arrested under this provision (Section 15).
- If the violation is established, the court may revoke or continue probation and modify conditions (Section 15).
- If probation is revoked, the court must order the probationer to serve the sentence originally imposed (Section 15).
- An order revoking probation or modifying terms and conditions is not appealable (Section 15).
Confidential probation records and penalties
- The investigation report and the supervision history of a probationer are privileged and must not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned (Section 17).
- The court may, in its discretion, permit the probationer or his attorney to inspect the documents (or parts thereof) when disclosure is desirable or helpful in the best interest of the probationer (Section 17).
- Any government office or agency engaged in correction or rehabilitation may obtain copies of the documents for official use from the proper court or the Administration when necessary (Section 17).
- Any person who violates Section 17 faces imprisonment from six months and one day to six years and a fine from one hundred to six thousand pesos (Section 29).
Probation Administration: creation and officials
- The Decree creates under the Department of Justice an agency called the Probation Administration, which exercises general supervision over all probationers (Section 18).
- The Administration must have staff, operating units, and personnel as necessary for proper execution of its functions (Section 18).
- The Administration is headed by the Probation Administrator, appointed by the President, who holds office during good behavior and may not be removed except for cause (Section 19).
- The Administrator must receive an annual salary of at least forty thousand pesos (Section 19).
- The Administrator’s powers and duties include:
- acting as executive officer of the Administration (Section 19[a]);
- supervising and controlling all probation officers (Section 19[b]);
- making annual reports to the Secretary of Justice on operation, administration, and improvement of the probation system (Section 19[c]);
- promulgating rules on methods and procedures of probation subject to approval by the Secretary of Justice (Section 19[d]);
- recommending the appointment of subordinate personnel (Section 19[e]);
- performing other duties and exercising other powers necessary or incidental to achieve the Decree’s objectives (Section 19[f]).
- There must be an Assistant Probation Administrator who assists the Administrator and performs assigned duties; in the absence of the Administrator, the Assistant acts as head of the Administration (Section 20).
- The Assistant Probation Administrator must receive an annual salary of at least thirty-six thousand pesos and is appointed by the President (Section 20).
Appointment qualifications and probation officers
- The Administrator and Assistant Probation Administrator must be at least thirty-five years of age, hold at least a master’s degree (or equivalent) in specified disciplines (including criminology, social work, corrections, penology, psychology, sociology, public administration, law, police science, police administration, or related fields), and have at least five years of supervisory experience; alternatively, they may be members of the Philippine Bar with at least seven years of supervisory experience (Section 21).
- The Administration must have regional offices organized according to the field service area pattern under the Integrated Reorganization Plan (Section 22).
- Each regional office is headed by a Regional Probation Officer appointed by the President upon recommendation of the Secretary of Justice, with supervision and control over all probation officers in the jurisdiction (Section 22).
- The Regional Probation Officer must receive an annual salary of at least twenty-four thousand pesos (Section 22).
- There must be an Assistant Regional Probation Officer when necessary, appointed by the President upon recommendation of the Secretary of Justice, with an annual salary of at least twenty thousand pesos (Section 22).
- There must be at least one probation officer in each province and city, appointed by the Secretary of Justice upon recommendation of the Administrator, in accordance with civil service law and rules (Section 23).
- The Provincial or City Probation Officer must receive an annual salary of at least eighteen thousand four hundred pesos (Section 23).
- Provincial and City Probation Officers must (a) investigate persons referred for investigation by the proper court or the Administrator; (b) instruct probationers on the terms and conditions of probation; (c) keep informed of probationers’ conduct and condition and use suitable methods to improve them; (d) maintain detailed records and submit written reports required by the Administration or the court; (e) prepare a list of qualified residents willing to act as probation aides; (f) supervise training of probation aides and oversee their supervision of probationers; (g) exercise supervision and control over field assistants, probation aides, and other personnel; and (h) perform duties assigned by the court or Administration (Section 23).
- Provincial or City Probation Officers have authority within their territorial jurisdiction to administer oaths and acknowledgments and take depositions in connection with their duties, and they have the powers of a police officer with respect to probationers under their care (Section 24).
- Regional, Assistant Regional, Provincial, and City Probation Officers must possess at least a bachelor’s degree majoring in specified disciplines (social work, sociology, psychology, criminology, penology, corrections, police science, police administration, or related fields) and at least three years of experience in work requiring any of those disciplines, or be a Philippine Bar member with at least three years of supervisory experience (Section 25).
- Whenever practicable, the Provincial or City Probation Officer must be appointed from among qualified residents of the province or city where assigned (Section 25).
Probation aides, field assistants, and organization
- Provincial or City Probation Officers must be assisted by such field assistants and subordinate personnel as necessary to carry out duties effectively (Section 27).
- The Probation Administrator may appoint citizens of good repute and probity as probation aides to assist in supervision of probationers (Section 28).
- Probation aides receive no regular compensation, except for reasonable travel allowance (Section 28).
- Probation aides hold office for such period as the Probation Administrator determines (Section 28).
- Probation aides’ qualifications and maximum case loads are set in the rules promulgated under the Decree (Section 28).
- Within twelve months from approval, the Secretary of Justice must organize the administrative structure of the Probation Administration and other agencies created, and determine staffing patterns for regional, provincial, and city probation offices to achieve maximum efficiency and economy (Section 26).
- The Secretary of Justice must organize the Administration and agencies within twelve months from approval (Section 26).
Funding, repeals, separability, and effectivity
- The Government must appropriate Six Million Five Hundred Thousand Pesos, or so much as may be necessary, from any funds in the National Treasury not otherwise appropriated, to carry out the Decree’s purposes; thereafter, at least Ten Million Five Hundred Thousand Pesos, or so much as may be necessary, must be included in annual national government appropriations (Section 30).
- All provisions of existing laws, orders, and regulations contrary to or inconsistent with the Decree are repealed or modified accordingly (Section 31).
- If any part, section, or provision is held invalid or unconstitutional, the remainder remains effective (Section 32).
- The Decree takes effect upon approval, but substantive provisions on the grant of probation take effect twelve months after the Secretary of Justice certifies to the Chief Justice of the Supreme Court that the administrative structure of the Probation Administration and other agencies has been organized (Section 33).