Law Summary
Purpose
- Promote correction and rehabilitation by individualized treatment
- Provide an opportunity for reformation preferably outside prison
- Prevent commission of offenses
Definitions
- Probation: Release of a convicted defendant under court-imposed conditions and supervision
- Probationer: Person placed on probation
- Probation Officer: Investigator and supervisor of probation cases
Grant of Probation
- Court may suspend execution of sentence and grant probation after conviction
- Probation applicable to imprisonment or fine sentences
- Application filed with trial court; filing waives right to appeal
- Grant or denial of probation is not appealable
Investigation Prior to Probation
- Probation only granted after investigation by probation officer
- Court must determine justice and public interest served
- Report format prescribed by Probation Administrator and approved by Justice Secretary
Report Submission and Temporary Liberty
- Investigation report due within 60 days of court order
- Court to decide petition within 5 days of report
- Defendant may be temporarily released on bail or recognizance pending decision
Criteria for Granting Probation
- Court considers offender's character, background, environment, and resources
- Probation denied if: offender needs institutional treatment, poses undue risk, or probation diminishes seriousness of offense
Disqualified Offenders
- Sentence over 6 years imprisonment
- Offenses against State security
- Prior conviction with imprisonment over 1 month and one day or fine over 200 pesos
- Previous probation under this law
- Offenders already serving sentence when law takes effect
Conditions of Probation
- Mandatory to present to probation officer within 72 hours after order
- Report monthly to probation officer
- Court may impose conditions including employment, treatment, education, residence, abstinence from vice, and supervision visits
Effectivity of Probation Order
- Effective upon issuance
- Court to inform offender of consequences of violation including serving original sentence
Modification of Probation Conditions
- Court may revise probation terms on motion by probationer or officer
- Both parties notified and given opportunity to be heard
- Changes communicated in writing
Control and Supervision
- Court maintains control; probation officer supervises probationer
- Jurisdiction can transfer to court where probationer resides
Period of Probation
- Up to 2 years for imprisonment sentences of one year or less
- Up to 6 years for longer sentences
- Fine-only penalties tied to subsidiary imprisonment period
Arrest and Hearing for Probation Violation
- Court may issue arrest warrant for violation
- Probationer brought before court for informal hearing
- Bail allowed under criminal procedure rules
- If violation proven, probation may be revoked or continued
- Revocation leads to serving original sentence
- Revocation or modification orders not appealable
Termination of Probation
- Court may discharge probationer after probation period upon officer’s recommendation
- Discharge restores civil rights and discharges fines
- Copies of discharge order given to probationer and officer
Confidentiality of Records
- Investigation reports and supervision history are privileged
- Disclosure only to Probation Administration, court, or related agencies for official use
- Probationer or attorney may be allowed inspection if beneficial
Probation Administration
- Created under Department of Justice
- General supervision of probation system
- Staff and units as needed for function execution
Probation Administrator
- Appointed by President; holds office during good behavior
- Salary at least 40,000 pesos annually
- Executive head of Administration
- Supervises probation officers
- Makes annual reports to Justice Secretary
- Promulgates rules, recommends personnel appointments
Assistant Probation Administrator
- Appointed by President; salary at least 36,000 pesos
- Assists Administrator and acts in absence
Qualification for Administrators
- At least 35 years old
- Master’s degree in criminology, social work, law or related fields, with supervisory experience
- Or Philippine Bar member with supervisory experience
Regional Offices and Officers
- Organized per Integrated Reorganization Plan
- Regional Probation Officer appointed by President
- Supervises probation officers in region
- May have assistant
- Salaries at least 24,000 and 20,000 pesos respectively
Provincial and City Probation Officers
- One per province or city, appointed by Justice Secretary
- Salary at least 18,400 pesos
- Duties: Investigation, instruction, supervision, record keeping, training of probation aides, report submission
Powers of Provincial and City Officers
- Authority to administer oaths and take depositions
- Powers akin to police officers in probation matters
Qualifications for Probation Officers
- Bachelor’s degree in relevant fields plus 3 years experience
- Or Philippine Bar membership with supervisory experience
- Preferably residents of area assigned
Organization and Staffing
- Secretary of Justice to organize Administration and staffing within 12 months
- Field assistants and subordinate personnel to support probation officers
Probation Aides
- Citizens of good repute appointed to assist in supervision
- No regular pay except travel allowances
- Terms and case loads set by Administration
Penalties for Violation of Confidentiality
- Imprisonment from 6 months and 1 day to 6 years
- Fine from 100 to 6,000 pesos
Appropriations
- Initial funding of 6.5 million pesos from National Treasury
- Annual appropriation thereafter at least 10.5 million pesos
Repealing Clause
- Inconsistent laws, orders, and regulations repealed or modified
Separability Clause
- Invalidity of any part does not affect other provisions
Effectivity
- Decree effective upon approval
- Substantive provisions on probation apply 12 months after certification of administrative organization by Justice Secretary to Supreme Court Chief Justice