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ADULT PROBATION LAW OF 1976 AS AMENDED

WHAT IS PROBATION?
Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to a prison.
WHAT ARE THE TYPES OF PROBATION?
1. Juvenile probation covers offenders from age 9 to 18.
2. Adult Probation which covers offenders who are 18 years old and above.
IS PROBATION NEW IN THE PHILIPPINES?
No the first Adult Probation !aw was enacted in 19"# but was declared unconstitutional in 19"$ on the ground
that not all provinces could afford financially to implement probation consonant with the e%ual protection of the law.
&n 19'' (ouse )ill No. "9" sponsored by the *ongressman +eodolo *. Natividad and ,amon )agatsing
revived the Probation !aw but did not pass congress.
-nder .ec. "2 of ,A '/2# otherwise 0nown as the 1angerous 1rug Act of 19$2 as amended Probation is
granted to minor first offenders.
&n 19$/ P1 '2" the *hild and 3outh 4elfare *ode was passed to avail Probation to minor offenders.
5n July 2/ 19$' P1 9'8 the Adult Probation !aw was signed by Pres. 6erdinand 7arcos establishing the
Probation Administration under the 1epartment of Justice. P1 9'8 see0s to afford adult offenders what others li0e drug
addicts and the youth are already en8oying under the e9isting laws and what offenders in other countries have been long
entitled to.
WHAT IS PRESIDENTIAL DECREE 968?
P1 9'8 is the Probation !aw of 19$' which grants Probation to eligible adult offenders.
WHO CAN APPLY FOR PROBATION?
Any sentenced offender 18 years of age and above can apply for probation before serving the imprisonment
service.
WHERE AND WHEN THE APPLICATION SHALL BE FILED?
+he application shall be filed with the court that tried and sentenced the offenders as anytime before
imprisonment starts.
WHAT ARE THE PROCEDURES IN APPLYING FOR PROBATION?
a. +he offender or his counsel files a petition with the court that convicted him.
b. +he court determines his %ualifications and notifies the prosecuting officer of the filing of the application
for probation.
c. +he prosecutor submits his comments on such application within 12 days from receipt of the notification.
d. &f the petitioner is %ualified his application is referred to the Probation 5fficer for post:sentence
investigation.
e. +he Post ; .entence &nvestigation ,eport <P.&,= is submitted by the Probation 5fficer to the court within
'2 days
f. +he court grants or denies the petition for Probation within 1# days after receipt of P.&,.
WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION?
a. +hose who are sentenced for imprisonment for more than ' years.
b. +hose who are convicted of crimes against the security of the state such as treason rebellion etc.
c. +hose previously convicted and punished with 1 month and 1day or imprisonment or more.
d. +hose previously convicted and fined Php 222.22 or more.
e. +hose who were previously granted probation under P1 9'8.
f. +hose who were already serving sentence when probation became applicable.
ARE ALL CONVICTED PERSONS WHO ARE NOT DISQUALIFIED ENTILTED TO PROBATION
AUTOMATICALLY?
No the court will grant probation if it finds that.
a. +he offender can be treated better in a mental institution or other places for corrections> or
b. +he offender is dangerous ris0 to the community.
c. +he offense is grievous in the eyes of the community.
HOW MANY TIMES CAN ONE BE GRANTED PROBATION?
An offender can be granted only once in his lifetime.
WHEN PROBATON IS GRANTED! WHAT CONDITIONS ARE IMPOSED BY THE COURT?
a. +he probationer must present himself to his Probation 5fficer within $2 hours.
b. ,eport to his probation officer at least once a month.
c. Not to commit another offense.
d. *omply with any other lawful condition imposed by the court.
CAN THESE CONDITIONS BE MODIFIED?
At any time during supervision the condition of probation maybe modified by the court after summary
proceedings upon application of the Probation 5fficer or the Probationer.
WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATION ARE VIOLATED?
+he Probation 5fficer investigates the alleged violation and if it is established a report is submitted to the
court. 1epending upon the nature and seriousness of the violation there can be modification of the conditions or
revocation of probation by the 8udge.
+here is also the possibility of arrest including criminal prosecution of the probationer in the event of the
commission of another offense. +he revocation proceeding is summary. &f the court finds the probationer guilty of
serious violation of the conditions of the probation the latter may be ordered to serve the original sentenced imposed on
him.
WHAT IS THE DUTY OF THE COURT UPON ITS ISSUANCE OF THE PROBATION ORDER?
+he court should inform the probationer of the condition of probation and the conse%uences of their violation. HOW
LONG IS THE PERIOD OF PROBATION?
a. Not more than 2 years if the probationer was sentenced to imprisonment of 1 year or less
b. Not more than ' years if the probationer was sentenced to imprisonment of more than 1 year.
WHEN DOES PROBATION START?
Probation starts upon the issuance of the court order granting probation.
TO SUMMARIZE WHO HAS THE POWER TO GRANT! DENY! MODIFY REVO!E OR TERMINATE
PROBATION?
+he 8udge alone has the discretionary authority to grant deny modify revo0e or terminate probation.
WHEN SHOULD PROBATION BE DENIED?
Probation shall be denied if the court finds that?
a. +he offender is in need of correctional treatment that can be provided most effectively by his commitment
to an institution.
b. +here is an undue ris0 that during the period of probation the offender will commit another crime or
c. Probation will depreciate the seriousness of the offense committed.
MAY THE OFFENDER BE RELEASE WHILE HIS APPLICATION FOR PROBATION IS PENDING?
3es at the discretion of the court. +he offender may be released?
a. 5n the same )ail he filed during the trial? or
b. 5n a new bond > or
c. +o the custody of the responsible member of the community if unable to file a bond.
WHAT RIGHTS ARE RESTORED AFTER THE SUCCESFULL TERMINATION OF PROBATION?
+he civil rights suspended when the offender is convicted and sentenced are restored after the successful
termination of probation. (is liability to pay a fine is also discharged.
HOW ARE PROBATIONER SUPERVISED?
Probationer report to their Probation officer as often as indicated in the conditions of probation. +he P5 sees to
it that the conditions of probation as given by the court are followed. Probationers are helped to develop themselves to
learn s0ills if they do not have any and to have gainfully employed so they can be useful members of the society. (ouse
visits and follow:up in their places of wor0 may be done if needed. +he P5 ma0es regular reports about the probationer
to the court.
WHAT MATTERS MAY BE INQUIRED INTO BY THE PROBATION OFFICER DURING THE POST"
SENTENCED INVESTIGATION?
&deally the P.&, should contain information relative to the character antecedents environment mental and
physical conditions of the offender and available institutional and community resources. +o gather data the P5 will
interview the petitioner his family arresting officer victim witnesses defense counsel prosecuting attorney employer
school officials social or welfare agency and other individuals who can provide relevant information.
WHAT ARE THE OB#ECTIVES OF PROBATION?
a. +o promote the correction and rehabilitation of an offender by providing him with individual treatment
under the guidance of a trained Probation 5fficer.
b. +o prevent the commission of another offense.
c. +o provide an opportunity for the reformation of the penitent offender which might be less probable if he
were to serve a prison sentence.
WHAT ARE THE ADVANTAGES OF PROBATION?
a. +he @overnment spend much less when an offender is released on probation than if he were placed behind
bars.
b. +he offender and his family are spared the embarrassment and dishonor of imprisonment.
c. +he offender is able to continue wor0ing and can therefore pay damage to the victim.
HOW CAN PROBATION HELP IN THE PREVENTION AND CONTROL OF CRIME?
-nder the condition imposed by the court when probation is granted the probationer is under the close
supervision of Probation 5fficer. 4hen in the community he is helped and given opportunities to be productive and
responsible instead of going to prison. (opefully this situation restrain from committing crime.
HOW CAN THE COMMUNITY HELPED IN THE SUCCESS OF PROBATION?
)y giving support and cooperation to the Probation Administration such as?
a. +he community accepting the probationer giving them the feeling of belonging.
b. *ommunity agencies and schools being open for the training and treatment of probationer.
c. *ommunity leaders and laymen allowing the participation of probationers in developmental programs.
d. +he religious organiAation giving the probationers spiritual advice and e9tending their social action
programs to probationer.
e. Barious organiAations providing temporary housing for probationers.
f. +he community playing an e%ually important role after the termination of probation it should be ready for
the reintegration of the individual into community life.
HOW DOES PROBATION DIFFERS FROM IMPRISONMENT AND PAROLE?
Probation is alternative to imprisonment. &nstead of being confined in prison the probationer is released to the
community by the court with conditions to follow and is placed under the supervision of the Probation 5fficer.
Parole is a conditional release of a prisoner whereby he is placed under the supervision of parole officer after
serving his minimum sentence.
Probation is a community ; based approach to the reformation of offenders while imprisonment adopts the
institutionaliAation approach Probation is handled by the Probation Administration while parole is administered by the
Parole )oard.
Probation is en8oyed only once 4hile Parole may be granted more than once depending on good behavior
during imprisonment.
Probation is more beneficent because it restores full civil rights to the probationer upon termination unli0e
Parole.
Probation is essentially a 8udicial function <under the control of the court= while Parole is an e9ecutive
function <Parole )oard=.
WHAT IS A VOLUNTEER PROBATION AIDE?
A volunteer probation aide is a citiAen of a good repute and integrity at least 18 years of age appointed by the
Probation Administration to assist the P5Cs and the AP5Cs in investigation and supervision. A BPA is not entitled to
salary but is given reasonable travel allowance.
WHEN DID THE PROBATION SYSTEM BECOME OPERATIONAL?
+he Probation system becomes operational on January " 19$8.
THE REVISED RULES ON PROBATION
METHODS AND PROCEDURES$
Pursuant to .ection ' and 19 <d= of Presidential 1ecree No. 9'8 the Probation !aw of 19$' the following
rules relative to the methods and procedures of the probation process are hereby promulgated?
I$ GENERAL PROVISIONS%
S&'()*+ 1$ D&,)+)()*+- *, T&./- ; in these rules unless or otherwise provided the following terms shall have
the meaning assigned to them respectively?
a. P.*01()*+ ; a disposition under which a defendant after conviction and sentence is released sub8ect to
conditions imposed by the courts and under the supervision of a Probation 5fficer.
b. P&()()*+&. ; a convicted defendant who files a formal application for probation
c. A0-'*+2)+3 P&()()*+&. ; a convicted defendant whose application for probation has been given due
course by the court but fails to report to the probation office or cannot be located within a reasonable
period of time.
d. P.*01()*+&. ; a person under probation.
e. A0-'*+2)+3 P.*01()*+&. ; a person whose probation was granted but failed to report for supervision
within the period ordered by the court or a probationer who fails to continue reporting for supervision and
or whose whereabouts are un0nown for reasonable period of time
f. P.*01()*+ *,,)'&.: a person who investigated for the court a referral for probation or supervises a
probationer or both and performs other related duties as directed.
S&'()*+ 4$ P5.6*-&-: these rules are adapted to carry out the purposes of presidential decree No. 9'8 as
amended?
a. +o promote the correction and rehabilitation of an officer by providing him with personaliAed community
based treatment.
b. +o provide an opportunity for his reformation and re:integration into the community and
c. +o prevent the commission of offense.
II$ PETITION FOR PROBATION
S&'()*+ 7$ FILING OF PETITION ; A petition for probation shall be filed by a petitioner with the trial court
at any time after conviction.
S&'()*+ 8$ TIME OF FILING OF PETITION: A petition for the probation shall be filed probation by the
Petitioner with the trial court at anytime after he is convicted or sentenced. +he petitioner shall state that he does not
posses any of the dis%ualification under .ection 9 of Presidential 1ecree 9'8 as amended by )atas Pambansa )lg. $'.
S&'()*+ 9$ F*./ *, P&()()*+" the 6orm of the Petition shall be prescribed by the .upreme *ourt.

S&'()*+ 91$ N*()'& (* (:& P.*-&'5()+3 O,,)'&. *, (:& ,);)+3 *, 6&()()*+ : +he *ourt shall notify the prosecuting
5fficer concerned of the filing of the application for probation.
S&'()*+ 90$ W:&+ '*//&+( *, (:& 6.*-&'5()+3 *,,)'&. )- -50/)((&2 : +he Prosecuting 5fficer may submit his
comment on such application within ten <12= days from receipt of the notification
S&'()*+ 6$ R&,&..1; (* P.*01()*+ O,,)'&.D&f the court finds that the petition is in due form and that the petitioner
appears not to be dis%ualified for the grant of probation it shall order the Probation office within its 8urisdiction to
conduct a post sentence investigation and to submit the report and recommendation within '2 days from receipt of the
order. (owever the court may in its discretion e9tend the si9ty: day period.
S&'()*+ 7$ D*'<&( B**< ; all court orders for post ; sentence investigation received by the probation office shall
be recorded in a 1oc0et )oo0 for the purpose of indicating therein the date of receipt and shall be numbered
consecutively in the order they are received by the said office.
S&'()*+ 8$ E,,&'( *, F);)+3 P&()()*+D+he court may upon the filing of the petition for probation suspend the
e9ecution of sentence.
+he filing of the application shall be deemed a waiver of the right to appeal or the automatic withdrawal of a
pending appeal. &n the latter case however if the application is filed on or after the date of the 8udgement of the
Appellate *ourt said application shall be acted upon by the +rial *ourt on the basis of the 8udgement of the appellate
*ourt.
Pending submission of the investigation report and the resolution of the petition the defendant maybe allowed on
temporary liberty under his bail filed in the criminal case> Provided that in case where no bail was filed or that the
defendant is incapable of filing one the court may allow the release of the defendant on the recogniAance in the custody
of a responsible member of the community who shall guarantee his appearance whenever re%uired by the court.
(owever those sentenced to a ma9imum penalty of si9 years and one day on January " 19$8 and thereafter if serving
sentence at the effectivity of )atas Pambansa )lg $' on June 1" 1982 shall remain in 8ail pending the approval of their
application.
III$ POST SENTENCE INVESTIGATION
S&'()*+ 9$ P.&;)/)+1.= P.*'&25.& ; +he probation office upon receipt of the order from the court shall assign
the same to a probation officer to conduct the post sentence investigation.
S&'()*+ 1>$ I+)()1; I+(&.?)&@ ; 4ithin five wor0ing days if from receipt of the court order the probation officer
shall interview the petitioner in said interview the probation officer shall re%uire the petitioner to accomplish under oath
a wor0sheet <P. A. 6orm No. 1=. +he information contained in the wor0sheet shall serve as the basis for further
investigation.
+he petitioner shall sign a waiver <P. A. 6orm No. 2= authoriAing the Probation Administration to secure any and
all pertinent documents and information.
S&'()*+ 11$ I+?&-()31()*+ : -pon completion of the wor0sheet the probation officer shall conduct a thorough
investigation on the antecedents mental and physical condition character and socioeconomic status of the petitioner.
+he probation shall determine and recommend the manner by which the petitioner will be supervised if granted
probation.
S&'()*+ 111$ C*;;1(&.1; I+,*./1()*+ ; &n the gathering of collateral information person who has 0nowledge of
the petitioner of the victim and or relatives shall be interviewed.
S&'()*+ 14$ S50-&A5&+( I+(&.?)&@ : +he probation officer shall conduct subse%uent interview of the petitioner
and or other persons to secure additional data or clarify discrepancies between the information received from the
petitioner and those secured from other sources.
S&'()*+ 17$ N1(5.& *, I+(&.?)&@- ; +he information gathered from the interview of petitioner and collateral
information sources shall be confidential in nature and counsel need not represent the petitioner.
S&'()*+ 18$ P*-("S&+(&+'& I+,*./1()*+ : +he probation officer shall inform the petitioner of the confidentiality
of the information ta0en during the post:sentence investigation and the e9tent to which said information maybe divulged
in accordance with section $ of P1 9'8 as amended and section ## of the rules.
S&'()*+ 19$ A0-'*+2)+3 P&()()*+&. ; &f within a reasonable period of time the petitioner can not be located the
probation officer shall report such fact to the court with the appropriate recommendation.
IV$ POST"SENTENCE INVESTIGATION REPORT
S&'()*+ 16$ P*-("S&+(&+'& I+?&-()31()*+ R&6*.( ; -pon completion of the Post:.entence &nvestigation ,eport
<P.A. 6orm No. "= to the court within the period prescribed in .ection ' of these ,ules.
S&'()*+ 17$ P5.6*-& *, P*-("S&+(&+'& I+?&-()31()*+ R&6*.( ; +he Post:.entence &nvestigation ,eport
hereinafter referred to as the ,eport aims to assist the court in determining whether or not the ends of 8ustice and the
best interest of the public as well as that of the petitioner will be serve by the grant or denial of probation.
S&'()*+ 18$ C*+(&+(- *, (:& R&6*.(" +he report shall contain among others.
a. +he *ircumstances surrounding the offense for which the petitioner was convicted drawn from the court
records police records statement of the defendants the aggrieved party and others who may have
0nowledge of the commission of the offense if available and willing to be interviewed.
b. Psychosocial information regarding the petitioner.
c. Evaluation of the petitioners suitability for probation and his potential for social re:integration into the
community.
d. A recommendation to either <1= grant the petition for probation which shall include the program for
supervision and the suggested terms and conditions for probation or <2= deny the petition for probation> and
e. &nformation regarding the petitionerCs financial capability to meet or satisfy his civil obligations if any.
S&'()*+ 19$ N1(5.& *, R&'*//&+21()*+ )+ (:& R&6*.( ; +he recommendation contained in the ,eport is merely
persuasive in nature.
S&'()*+ 4>$ W:* S)3+- (:& R&6*.( ; +he report shall be signed by the investigating probation officer and
approved by the (ead of the Probation 5ffice and shall also initial all the pages of the report.
V$ PROBATION ORDER
S&'()*+ 41$ P&.)*2 ,*. R&-*;5()*+ *, P&()()*+ ,*. P.*01()*+ ; +he court shall resolve the petition for probation
not later than 6ifteen <1#= days from the date of receipt of the report from the Probation 5ffice.
S&'()*+ 44$ G.1+( *, P.*01()*+ N1(5.& 1+2 E,,&'( ; Probation is a privilege and as such its grant rests solely
upon the discretion of the court.
+he grant of Probation results in the suspension of the e9ecution of the sentence and the release of the petitioner
sub8ect to the terms and conditions imposed by the court under the supervision of the Probation 5fficer.
S&'()*+ 47$ E,,&'()?)(= *, P.*01()*+ O.2&. ; A Probation order shall ta0e effect upon its receipt by the petitioner
and on the same date the probation period shall commence unless otherwise specified by the court.
+he Probation office shall inform the court on the date the probationer reported for supervision.
S&'()*+ 48$ EB6;1+1()*+ *, N1(5.& *, P.*01()*+ (* P.*01()*+&. ; the Probation order shall be read in open
court in the presence of the probationer and the Probation 5fficer. +he court shall inform the probationer of the
conse%uences thereof and e9plain that upon his failure to comply with any of the conditions in the said order of his
commission of another offense under which he was placed on probation.
S&'()*+ 49$ F)+1;)(= *, P.*01()*+ O.2&. ; +he order of the court granting or denying probation shall not be
appealable.
TERMS AND CONDITION OF PROBATION
S&'()*+ 46$ M1+21(*.= C*+2)()*+ *, P.*01()*+ ; a Probation order shall re%uire the probationer.
a. +o present himself to the probation office concerned for supervision within $2 hours from receipt of said
order and
b. +o report to the probation officer at least once a month during the period of probation.
S&'()*+ 47$ D)-'.&()*+1.= C*+2)()*+- *, P.*01()*+ ; +he Probation 5rder may also re%uire the probationer in
appropriate cases to?
a. *ooperate with the program of supervision.
b. 7eet his family responsibilities.
c. 1evote himself to a specific employment not to change said employment without prior written approval of
the Probation 5fficer.
d. -ndergo medical psychological or psychiatric e9amination and treatment and or enter and remain in a
specific institution when re%uired for that purpose>
e. *omply with a program of payment of civil liability to the victim or heirs when re%uired under the
decision of the trial court.
f. Pursue a prescribed secular study or vocational training.
g. Attend or reside in a facility established for instruction or recreation of persons on probation.
h. ,efrain from visiting houses of ill repute.
i. Abstain from drin0ing into9icating beverages to e9cess.
8. Permit the probation officer or an authoriAed social wor0ers to visit his home and place of wor0.
0. ,eside at premises approved by the court and not to change his residence without prior written approval
and
l. .atisfy any other condition related to the rehabilitation of the probationer and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
VII$ SUPERVISION OF PROBATIONERS$
S&'()*+ 48$ P5.6*-& *, S56&.?)-)*+ : the primary purpose of supervision are?
a. +o ensure that the conditions set forth in the probation order are carried out by the Probationer> and
b. +o bring about the rehabilitation of the probationer and his re:integration into the community.
S&'()*+ 49$ S(1.( *, S56&.?)-)*+" 4hen a probationer first reports for supervision the Probation officer shall
interview the probationer and e9plain the conditions of probation to him in a language or dialect understood by
him.
+he probationer shall sign a statement <P.A. 6orm No. /= that he understands the condition of Probation and that
he promise under oath to comply with said conditions.
&n the event that the probationer does not report for interview within the period ordered by the court or his
whereabouts is un0nown the probation office shall report such fact to the court with the appropriate
recommendation.
S&'()*+ 7>$ O5( T.1?&; *, P.*01()*+&." A probationer who desires to travel outside the 8urisdiction of the
Probation 5ffice which has supervision over him shall file a re%uest for said purpose <P.A. 6orm No. $= with his
probation officer prior to his travel for approval. &f the travel involves more than "2 days the re%uest shall be transmitted
by the Probation 5ffice concerned to the court for approval.
S&'()*+ 71$ C:1+3&- *, R&-)2&+'& ,*. P.*01()*+&.: A probationer may be allowed by the court that placed
him on probation to reside in a place under the 8urisdiction of another court. &n such case control over the probationer
shall be transferred to the E9ecutive Judge of the ,egional +rial *ourt at the place of his new residence and supervision
over him shall li0ewise be transferred to the probation office within its 8urisdiction.
+he e9ecutive Judge and the probation officer to which control and supervision respectively are transferred
shall be furnished by the court which originally granted probation with a copy of the Probation 5rder. +he post
sentence &nvestigation ,eport and such other pertinent records which the former may re%uire.
S&'()*+ 74$ A0-'*+2)+3 P.*01()*+&.: A person whose probation was granted but failed to report for
supervision the period ordered by the court or a probationer who fails to continue reporting for supervision and or
whose whereabouts are un0nown for a reasonable period of time shall be reported by the Probation 5ffice. &t shall then
recommend to the court the issuance of the warrant of arrest.
S&'()*+ 77$ M*2),)'1()*+ *, C*+2)()*+- *. P&.)*2 *, P.*01()*+: 1uring the period of probation the court
may motu propio or on motion of the probation officer or of the probationer revise or modify the conditions or terms of
the probation order.
+he probation officer shall be duly notified and the probationer shall be given by the court an opportunity to be
heard thereon.
S&'()*+ 78$ E,,&'()?)(= 1+2 F)+1;)(= *, O.2&. M*2),=)+3 (:& '*+2)()*+- *. P&.)*2 *, P.*01()*+" +he order
of the court modifying the conditions or Period 5f Probation shall ta0e effect upon receipt thereof by the probationer
unless otherwise specified in the said order.
An order modifying the conditions or period of probation shall no be appealable.
VIII$ VIOLATION OF PROBATION
S&'()*+ 79$ C*+'&6("A violation of probation shall be understood to mean any act or any omission on the part
of the probationer with respect to the terms and condition specified in the probation order.
S&'()*+ 76$ I+?&-()31()*+ *, A;;&3&2 V)*;1()*+" the probation 5fficer shall motu propio or upon the report of
the probation aide or any other person immediately conduct a fact:finding investigation of any alleged violation of
probation.
S&'()*+ 77$ R&6*.( (* (:& C*5.(" once the investigation is completed the Probation 5ffice shall report the
result of the same to the court.
S&'()*+ 78$ C*+(&+(- *, (:& V)*;1()*+ R&6*.(: the report of the probation office to the *ourt <P.A. 6orm No.
8= concerning an alleged violation of the conditions of probation shall include among others.
a. A complete statement of the facts of the alleged violation including the date place and circumstances
thereof the statements of victims witnesses and the arresting officer if any.
b. +he e9planation if any of the probationer for the alleged violation and
c. +he recommendation of the probation office.
S&'()*+ 79$ A..&-( *, P.*01()*+&.: the court after considering the nature and seriousness of the alleged
violation based in the report mentioned in the section "' above may issue a warrant for the arrest of the
probationer for violations of the conditions of probation.
S&'()*+ 8>$ H&1.)+3 *, (:& V)*;1()*+ *, (:& P.*01()*+: 5nce arrested and detained the probationer shall
immediately brought before the court for the hearing of the violation charged. &n the hearing which shall be summary in
the nature the probationer shall have the right to be informed the violation charged and to adduce evidence in his favor.
+he court shall not be bound by the technical rules of the evidence by informing itself of all the facts which are material
and relevant to ascertain the veracity of the charged. +he petitioner may be admitted to bail pending such hearing. &n
such case the provisions regarding release on bail of person charged with a crime shall be applicable to probationers
arrested under this provision.
S&'()*+ 81$ D)-6*-)()*+: if the violation is established the court may either revo0e the probation granted or
continues his probation and modifies the conditions thereof. &f revo0e the court shall order the probationer to serve the
sentence originally imposed.
An order revo0ing the grants of probation or modifying the terms and conditions thereof shall not be
appealable.
S&'()*+ 84$ R)3:( (* C*5+-&;" the probationer shall have the right to be assisted by counsel at the hearing of
the violation of the condition of the probation.
S&'()*+ 87$ I+ (:& 6.*-&'5()*+ *, (:& ?)*;1()*+ *, (:& '*+2)()*+ *, 6.*01()*+ the state shall be presented by
the prosecuting 5fficer
IC$ VOLUNTEER PROBATION AIDES
S&'()*+ 88$ A66*)+(/&+( *, V*;5+(&&. P.*01()*+ A)2&-" Bolunteer Probation Aides may be appointed by the
Probation Administration or who may delegate such authority to the ,egional Probation 5fficer.
S&'()*+ 89$ T&./ *, O,,)'& *, 1 V*;5+(&&. P.*01()*+ A)2&-" +he Bolunteer Probation Aide may be appointed
for a term of two years which may be renewed or terminated earlier depending on his performance as determined by the
Probation Administration.
S&'()*+ 86$ D5()&- *, 1 V*;5+(&&. P.*01()*+ A)2&" A Bolunteer Probation Aid shall perform the following
duties?
a. Assists the Probation 5fficer in the supervision of probationer
b. Prepare and submit a record of his wor0 and such other written reports as may be re%uired by the
Probation office. And
c. Assists the Probation 5fficer in the mobiliAation of the community support for the probation programs.
S&'()*+ 87$ C1-&;*12 *, 1 V*;5+(&&. P.*01()*+ A)2& ; A Bolunteer Probation Aide shall not at any time be
assigned to more than ten <12= probationers.
S&'()*+ 88$ T.1?&; A;;*@1+'&- ; Bolunteer Probation Aide shall not receive any regular compensation for
services rendered. (e shall however be entitled to travel allowances as may be allowed under e9isting government
rules and regulations.
S&'()*+ 89$ Q51;),)'1()*+ *, 1 V*;5+(&&. P.*01()*+ A)2& ; No person shall be appointed Bolunteer Probation
Aide unless he is a 6ilipino *itiAen of good repute and probity at least 21 years of age and resident of good standing of
the province or city where the probationer to be supervised resides.
4henever practicable the aide should come from the same area where the probationer resides.
C$ TERMINATION OF THE PROBATION CASE$
S&'()*+ 9>$ M*2&- *, T&./)+1()*+ ; the probation case maybe terminated by the successful completion of
program of probation revocation for cause under .ection /2 of the rules or death of the probationer.

S&'()*+ 91$ T&./)+1()*+ R&6*.( ; At least thirty <"2= days before the e9piration of the period of the
probation or unless otherwise re%uired by the court. +he Probation 5ffice shall submit a final report <P.A.= 6orm No. 9=
to the court which shall indicate the following among others>
a. +he prescribed program of supervision and the response of the probationer to said programs.
b. A recommendation as to whether the probationer maybe discharged from probation or not. &f the latter the
Probation 5fficer may recommend modification of the term of probation.
c. .uch other information as maybe re%uired by the court
S&'()*+ 94$ F)+1; D)-':1.3&2 ,*. P.*01()*+ ; the court may on the basis of the report mentioned in .ection
#2 of these ,ules order the final discharge of the probationer from the probation
S&'()*+ 97$ L&31; E,,&'(- *, D)-':1.3& D +he final discharge of a probationer shall restores to him all civil
rights lost or suspended as a result of the conviction and shall fully discharge his liability for any fine imposed as to the
offense for which probation was granted without pre8udice to his civil liability thereof.
CI$ CLOSING OF PROBATION CASE
S&'()*+ 98$ A.':)?)+3 *, C1-& D +he Probation 5ffice shall formally close the records of a probation case
upon formal receipt of the court order finally discharging the probationer thereafter the said case shall be archived.
CII$ PROBATION REPORTS
S&'()*+ 99$ R&6*.( *, (:& P.*01()*+ O,,)'&. ; +he Probation 5fficer shall submit a monthly written report
<P.A. 6orm No. #= 4ithin the first ten <12= days of each month on the status of all the petitioner and probationer under
his charge to the Probation Administrator copy furnished the ,egional Probation 5ffice.
&n addition he shall submit a %uarterly progress report <P.A. 6orm '= which contains a description of the
accomplishments and problems of the office.
+he ,egional Probation 5fficer shall submit an annual report to the Probation Administration on the
accomplishments in the region containing among others special pro8ects under ta0en.
CIII$ MISCELLANEOUS PROVISIONS
S&'()*+ 96$ F*./- ; All forms prescribed in this rules shall be approved by the 7inister of Justice.
S&'()*+ 97$ C*+,)2&+()1;)(= * , (:& P.*01()*+ R&'*.2 ; +he investigation report and the supervision history
of the probationer obtained under the Presidential 1ecree 9'8 as amended and under this rules shall be privileged and
shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned
e9cept the courts in its discretion may permit the probationer or his attorney to inspect the aforementioned documents
or apart thereof whenever the best interest of the probationer ma0es such disclosure desirable or hopeful. Provided that
any @overnment office or agency engaged in the correction or rehabilitation of the offenders may if necessary obtained
copies of such documents for its official use from the proper court or the Administration.
S&'()*+ 98$ P&+1;(= ; Any person violating or causing the violation of the confidentiality of Probation records
shall upon conviction thereof suffer a penalty of imprisonment of from ' months and 1 day to ' years and a fine
ranging from P'22.22 to P'222.22 as provided in P1 9'8.
S&'()*+ 99$ P*@&. *, (:& P.*?)+')1; O. C)(= P.*01()*+ O,,)'&. ; Provincial or *ity Probation 5fficer shall
have authority within their territorial 8urisdiction to administer oaths and ac0nowledgements and to ta0e depositions in
connection with their duties and function under P1 N5. 9'8. +hey shall also have with respect to probationers under
their care the power of a police officer.
S&'()*+ 6>$ I+(&.6.&(1()*+ ; Any doubt or conflict in the interpretation of these ,ules and Procedures shall be
resolved in favor of the petitioner or probationer.
S&'()*+ 61$ S&61.10);)(= ; +he validity of any provision of these ,ules shall not be affected by declaration in
validity of any other provision or provisions thereof.
S&'()*+ 64$ E,,&'()?)(= D +hese ,ules shall ta0e effect upon approval by the 7inister of Justice and its
Publication in a newspaper or general circulation in the Philippines.
R&650;)' *, (:& P:);)66)+&-
D&61.(/&+( *, #5-()'&
PAROLE AND PROBATION ADMINISTRATION
4177 T1,( A?&+5& M1+);1
RULES AND REGULATION OF THE
PAROLE AND PROBATION ADMINISTRATION
ON PAROLE SUPERVISION
Pursuant to .ection 19 <d= of Presidential 1ecree No. 9'8 F+he Probation !aw of 19$'G as amended in relation
to the E9ecutive 5rder No. 292 series of 198$ F the Administration *ode of 198$G the following ,ules and ,egulation
are hereby promulgated to govern the supervision by the Parole and Probation Administration of Parolees and those
granted conditional pardon. +he merging of the supervision by the Parole and Probation Administration of Parolees and
those granted conditional pardon is by virtue of E:2292.
I$ GENERAL PROVISIONS
S&'()*+ 1$ P*;)'= ; &t shall be the policy of the Parole and Probation Administration to facilitate the
rehabilitation of the prisoners released on Parole or conditional pardon through corrective guidance and the creative
utiliAation of community resources.
S&'()*+ 4$ D&,)+)()*+ *, T&./- ; As used in these ,ules unless the conte9t indicates otherwise.
a. EA2/)+)-(.1()*+F shall refer to the parole and probation administration.
b. EA2/)+)-(.1(*.F shall refer to the administrator of the Parole and Probation Administration.
c. EP1.*;&F shall refer to the conditional release of an offender from a penal or correctional institution after
he has served the minimum period of his prison sentence under continued custody of the state and under
conditions that permit his reincarceration if he violate a condition for his release.
d. EB*1.2F shall refer to the )oard of Pardon and Parole.
e. EC*+2)()*+1; P1.2*+F shall refer to the e9ception of the individual within certain limits or conditions
from the punishment which the !aw inflicts for the offense he has committed resulting in the partial
e9tinction of his criminal liability.
f. EP1.*;& S56&.?)-*. *. S56&.?)-)*+F shall refer to the act of placing parole or pardoner under the
supervision of Pardon and Parole 5fficer after release from confinement for the purpose of guiding and
assisting the released prisoner towards rehabilitation.
g. EC;)&+(F shall refer to a prisoner who is released on parole or conditional pardon and place under the
supervision of a Parole and probation 5fficer.
h. EO,,)'&F shall refer to the Parole and Probation 5ffice which is charged with the supervision of client.
i. EO,,)'&.F shall refer to the one who is in:charge in holding an office
8. ES56&.?)-*.F shall refer to the officer or other official of the office who is directly supervising a client.
0. ER&;&1-&2 D*'5/&+(F shall refer to the discharged on parole issued by the board to the parolee and to the
documents issued by the President of the Philippines to a Pardoner upon the )oardCs recommendation.
l. EP.*01()*+ R5;&-F shall refer to the ,evised ,ules on Probation 7ethods and procedures issued by the
Administration on July 2/ 198'.
II$ PAROLE SUPERVISION
S&'()*+ 7$ P5.6*-& *, P1.*;& S56&.?)-)*+ ; Parole supervision shall see0 to secure the faithful compliance by
the parolee with the terms and conditions for his released and to bring about his rehabilitation and early reintegration in
the community.
S&'()*+ 8$ S(1.( *, S56&.?)-)*+ ; Parole supervision shall deemed to start on the date the client presents his
release documents to the office and submits him for supervision
S&'()*+ 9$ E+(.= B**< ; &n every office there shall be a bound log boo0 which shall be used e9clusively to
record in chronological order the day and the hour the client reported for supervision and for instructions.
S&'()*+ 6$ A..)?1; *, C;)&+( ; +he officer shall inform the client who reports for supervision of the terms and
conditions of his released and shall forthwith assign a .upervisor to the *ase. +he client shall sign a prescribed 6orm
<P.A. 6orm No. 1/= to indicate that he understood his obligation as a client.
+he 5fficer shall inform the administrator copy furnished the ,egional Probation 5ffice concerned of the date
a client reports for supervision within five days from date thereof <Arrival ,eport P.A. 6orm 1"=.
S&'()*+ 7$ I+(&.?)&@ *, C;)&+( ; +he supervisor shall interview the client within five <#= days after the case is
assigned to him with the end in view of identifying the activities and goals to be included in the supervision plan
4henever possible the (ead or other responsible member of the household with whom the client live shall be present
during the interview.
S&'()*+ 8$ S56&.?)-*. P;1+ ; Not later than fifteen <1#= days after the initial interview of the client the
supervisor shall submits the client supervision plan <PPA 6orm 1#= to the officer for approval.
&n the preparation of the supervision plan the supervisor shall consider the terms and conditions of the release
documents and such other information that the supervisor may obtain from other sources.
S&'()*+ 9$ C*+(&+(- *, S56&.?)-)*+ P;1+ ; A .upervision Plan shall indicate?
a. +he reporting date of the clients.
b. +he plan to meet the identified needs and problems of the client and>
c. &f re%uired the schedule and mode of payment of the identification of the criminal liability or restitution.
S&'()*+ 1>$ F.&A5&+'= *, R&6*.()+3 *, C;)&+( ; a client shall be re%uired to report to his supervisor no less
than four times a month during the first si9 months of the supervision program unless during said period the reporting
fre%uency is reduced by the officer upon recommendation of the .upervisor.
S&'()*+ 11$ M1+21(*.= C*+2)()*+- *, S56&.?)-)*+ ; &t shall be mandatory for the client to comply with the
terms and conditions appearing in his release document. +he same may not be admitted in a supervision plan.
S&'()*+ 14$ O(:&. C*+2)()*+- ; A supervision plan shall establish such conditions as would induce positive
change in attitude and behavior of the client. A supervision plan may re%uire the client to meet any of the conditions
enumerated in .ection 2$ of the Probation ,ules. <1iscretionary *onditions of Probation=.
S&'()*+ 17$ R&?)&@ 1+2 M*2),)'1()*+ *, 1 S56&.?)-)*+ P;1+ ; +he officer shall review a supervision plan
every si9 months.
(owever the officer may motu proprio or upon the recommendation of the .upervisor revised or modify the
terms and condition of the supervision plan at any time e9cept as specified in clientCs released document.
S&'()*+ 18$ T.1+-,&. *, R&-)2&+'& ; A client shall file an application with the officer through his supervisor if
he desire to transfer from the place of residence specified in his released document. +he application shall be filed at
least fifteen days before the date of the re%uested transfer.
&f the re%uest is meritorious the 5fficer shall recommend favorable action thereon to the board.
&f the re%uest for transfer of residence is approved by the )oard the entire records of the clients shall be
forwarded to the new office.
+he Administrator and the ,egional Probation 5ffice concerned shall be informed of such approval by the
)oard.
S&'()*+ 19$ O5(-)2& T.1?&; ; A client who desire to travel outside the 8urisdiction of the 5ffice in charge of his
case for not more than ten <12= days shall file a re%uest for said purpose with his supervisor prior to said travel for
approval <PPA 6orm 19=.
&n the travel involve more than ten days but less than thirty days the re%uest shall be filed by the client with the
officer through his supervisor for approval.
4hen the cumulative duration of the re%uest of the client for outside travel within a period of si9 months is more
than thirty days the same shall be considered as a transfer of residence.
S&'()*+ 16$ S56&.?)-)*+ R&'*.2 ; +he .upervisor shall 0eep individual records of clients under his supervision.
+he .upervision ,ecord shall among others include the following information ;
a. +he supervision *ase no. of the client.
b. +he date of issue and control number of the release of document and the date prescribed therein when the
client shall report to the office for supervision.
c. &n the proper cases the Parole and Probation 5fficer where the client initially reported for instructions and
the day and date reported to said office.
d. +he date the client reported to the office for supervision.
e. +he prison number of the client.
f. +he e9piration date of the prison sentence of the client.
g. +he outside travel and or transfer or residence of the client and the date thereof.
h. &nfractions.
i. +he date of final interview.
8. Any other event or incident that materially affects supervision.
+he clientCs prison record release document supervision plan and all other records pertaining to the supervision
shall form part of said record.
III$ INFRACTIONS OF TERMS OF SUPERVISION
S&'()*+ 17$ I+,.1'()*+- *, T&./- *, R&;&1-& D*'5/&+( *, S56&.?)-)*+ P;1+ ; +he office shall upon his own
initiative or upon the report of the supervisor investigate any serious infraction by a client of the terms and conditions
appearing in his release document or any serious deviation or non:observance of the obligations set forth in the
supervision plan.
&n the proper cases the client shall be given a chance to answer the derogatory report against him.
+he investigation shall be terminated within fifteen days after receipt of the derogatory report.
S&'()*+ 18$ A0-'*+2)+3 C;)&+( ; +he failure of the client to report to an office for Parole supervision on the
date specified in the release document or to notify the office of his whereabouts after the lapse of reasonable period of
time which in no case shall be more than si9 months or to report in accordance with the fre%uency stated in the
.upervision Plan shall be deemed a serious infraction.
S&'()*+ 19$ I+,.1'()*+ R&6*.( ; &f the investigation establishes the commission of serious infraction the
5fficer shall submit an &nfraction ,eport <PPA 6orm 22= thereon to the )oard copy furnished the Administrator and the
,egional Probation 5ffice concerned.
S&'()*+ 4>$ C*+(&+(- *, I+,.1'()*+- R&6*.( ; +he infraction report shall contain a brief description of the
infraction> summary of the e9planation of the client and of the statement of any concerned person interviewed by the
officer if any and the recommendation of the 5fficer.
IV$ TERMINATION OF SUPERVISION
S&'()*+ 41$ F)+1; )+(&.?)&@ ; At least one month before the e9piration of the ma9imum period of the prison
sentence of the client or of the period of parole supervision as may be provided in the release document the .upervisor
shall inform the client of the end of parole supervision and of the legal effects thereof the .upervisor shall also discuss
with the client his performance during the supervision and of the clientCs plan upon release. &f possible a responsible
member of the family of the client shall be present during the interview.
S&'()*+ 44$ S5//1.= R&6*.( ; 6ifteen days before the e9piration of the ma9imum prison sentence or of the
period of parole supervision of the client the .upervisor shall submit to the )oard through the 5fficer concerned a
summary report <PPA 6orm 1'= on the results of the supervision together with his recommendation as to whether or not
the client may be finally released. A copy of said report shall be furnished the Administrator and the ,egional Probation
5ffice concerned.
IV$ CLOSING OF PAROLE SUPERVISION CASE
S&'()*+ 47$ A.':)?)+3 *, P1.*;& S56&.?)-)*+ C1-&" the 5fficer shall finally close a parole
.upervision case upon formal receipt of any of the following documents.
a. +he certificate of final release and discharge of the client.
b. +he F5rder of Arrest and ,ecommitmentG issued by the )oard against the client.
c. +he certified true copy of the death certificate of the deceased client.

VI$ PAROLE SUPERVISION REPORTS
S&'()*+ 48$ P1.*;& S56&.?)-)*+ R&6*.(" +he officer shall submit to the administrator copy
furnished the ,egional Probation and Parole 5fficer monthly caseload reports on parole supervision cases <PPA form
21=

VII$ MISCELLANEOUS SUPERVISION
S&'()*+ 49$ C*+,)2&+()1;)(= *, (:& S56&.?)-)*+ R&6*.(GR&'*.2 I+,.1'()*+ R&6*.( 1+2 S5//1.= R&6*.(:
the .upervision ,ecord the infraction report and the .ummary ,eport shall confidential and may not be
e9amined by the client.
S&'()*+ 46$ A66;)'10);)(= *, P.*01()*+ R5;&-" -nless otherwise inconsistent herewith the Probation ,ules
may be applied in a suppletory character to parole supervision cases.
S&'()*+ 47$ E,,&'()?)(=" these ,ules shall ta0e effect upon approval of the .ecretary of Justice and fifteen days
after its publication in a newspaper of general circulation.
1one in the *ity of manila this 2'
th
day of 1ecember 1989.
HSGDI RAMON #$ LIWAG
5fficer &n:*harge
APPROVED%
SGD$ SEDREY S$ ORDONEZ
.ecretary of Justice
MALACANANG
M1+);1
PRESIDENTIAL DECREE NO$ 199>
AMMENDING PRESIDENTIAL DECREE NO$ 968 OTHERWISE !NOWN AS PROBATION LAW OF 1976$
WHEREAS it has been sad e9perience that persons who are convicted of offenses and who may entitled to
probation still appeal the 8udgement of conviction even up to the .upreme *ourt only to pursue their application for
probation when their appeal is eventually dismissed.
WHEREAS the process of criminal investigation prosecution conviction and appeal entails too much time
and effort not to mention the huge e9penses of litigation on the part of the .tate.
WHEREAS the time effort e9penses of the @overnment in investigating and prosecuting accused person from
the lower courts up to the supreme court are often time rendered nugatory when after the appellate court finally affirms
the 8udgement of conviction the dependant applies for and is granted probation.
WHEREAS probation was not intended as an escape hatch and should not be used to obstruct and delay the
Administration of Justice but should be availed of the first opportunity by offenders who are willing to be reformed and
rehabilitated.
WHEREAS &t becomes imperative to remedy the problems above mentioned confronting our probation
systems.
NOW! THEREFORE I FERDINAND E$ MARCOS! President of the Philippines by virtue of the powers
vested in me by the *onstitution do hereby amended to read as follows? decree.
S&'()*+ 1$ .ection / of the Presidential 1ecree No. 9'8 is hereby amended to read as follows?
S&'()*+ 8$ G.1+( *, P.*01()*+ ; sub8ect to the provision of this decree the trial court may after it shall have
convicted and sentenced a defendant and upon application of said within the period in perfecting an appeal suspend the
e9ecution of the sentenced and place the defendant on Probation for such period and upon such terms and conditions as
it may deem best? Provided that no application for Probation shall entertained or granted if a defendant has perfected an
appeal from the 8udgment of conviction.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application
for Probation shall be filed with the trial court. +he filing of the application shall be deemed a waiver of the right to
appeal.
An order granting or denying probation shall not be appealable.
S&'()*+ 4$ .ection 9 of P1 No. 9'8 is amended to read as follows>
S&'()*+ 9$ D)-A51;),)&2 *,,&+2&.- ; +he benefit of this 1ecree shall not e9tend to those.
a. sentenced to serve a ma9imum term of imprisonment of more than si9 <'= years
b. *onvicted of subversion or any crime against the national security of .tate or Public 5rder.
c. +hose Previously been convicted by final 8udgment 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.
d. 4ho have been once on Probation under the provisions of this decree and
e. 4ho are already serving sentence at the time of the substantive provisions of this decree become
applicable pursuant to the .ection "" thereof.
S&'()*+ 7$ +he provisions of .ection / of Presidential 1ecree No. 9'8 as above amended shall not apply to
those who have already filed their respective application for probation at the time of the effectivity of this period.
S&'()*+ 8$ All !aws 1ecree e9ecutive or administrative orders rules and regulations of part thereof
inconsistent with this 1ecree are hereby repealed amended or modified accordingly.
S&'()*+ 9$ +his decree shall ta0e effect after fifteen days following its publication in the official @aAette.
1one in the *ity of 7anila this 6ifteen day of 5ctober in the year of our !ord nineteen hundred and eighty
five.
)y the President?
HSGDI #UAN C$ TUVERO
Presidential E9ecutive Assistant