July 24, 1976 court that the ends of justice and the best interest of

MALACAÑANG  the public as well as that of the defendant will be

MANILA served thereby.
PRESIDENTIAL DECREE No. 968 Section 6. Form of Investigation Report.  The
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING investigation report to be submitted by the probation
FUNDS THEREFOR AND FOR OTHER PURPOSES. officer under Section 5 hereof shall be in the form
prescribed by the Probation Administrator and
WHEREAS, one of the major goals of the government is approved by the Secretary of Justice.
to establish a more enlightened and humane Section 7. Period for Submission of Investigation
correctional systems that will promote the reformation Report.  The probation officer shall submit to the court
of offenders and thereby reduce the incidence of the investigation report on a defendant not later than
recidivism; sixty days from receipt of the order of said court to
WHEREAS, the confinement of all offenders prisons and conduct the investigation. The court shall resolve the
other institutions with rehabilitation programs petition for probation not later than five days after
constitutes an onerous drain on the financial resources receipt of said report.
of the country; and Pending submission of the investigation report and the
WHEREAS, there is a need to provide a less costly resolution of the petition, the defendant may be
alternative to the imprisonment of offenders who are allowed on temporary liberty under his bail filed in the
likely to respond to individualized, community-based criminal case; Provided, That, in case where no bail was
treatment programs; filed or that the defendant is incapable of filing one, the
NOW, THEREFORE, I, FERDINAND E. MARCOS, President court may allow the release of the defendant on
of the Philippines, by virtue of the powers vested in me recognize the custody of a responsible member of the
by the Constitution, do hereby order and decree the community who shall guarantee his appearance
following: whenever required by the court.
Section 1. Title and Scope of the Decree.  This Decree Section 8. Criteria for Placing an Offender on
shall be known as the Probation Law of 1976. It shall Probation.  In determining whether an offender may be
apply to all offenders except those entitled to the placed on probation, the court shall consider all
benefits under the provisions of Presidential Decree information relative, to the character, antecedents,
numbered Six Hundred and three and similar laws. environment, mental and physical condition of the
Section 2. Purpose.  This Decree shall be interpreted so offender, and available institutional and community
as to: resources. Probation shall be denied if the court finds
(a) promote the correction and rehabilitation of an that:
offender by providing him with individualized (a) the offender is in need of correctional treatment
treatment; that can be provided most effectively by his
(b) provide an opportunity for the reformation of a commitment to an institution; or
penitent offender which might be less probable if he (b) there is undue risk that during the period of
were to serve a prison sentence; and probation the offender will commit another crime; or
(c) prevent the commission of offenses. (c) probation will depreciate the seriousness of the
Section 3. Meaning of Terms.  As used in this Decree, offense committed.
the following shall, unless the context otherwise Section 9. Disqualified Offenders.  The benefits of this
requires, be construed thus: Decree shall not be extended to those:
(a) “Probation” is a disposition under which a (a) sentenced to serve a maximum term of
defendant, after conviction and sentence, is released imprisonment of more than six years;
subject to conditions imposed by the court and to the (b) convicted of any offense against the security of the
supervision of a probation officer. State;
(b) “Probationer” means a person placed on probation. (c) who have previously been convicted by final
(c) “Probation Officer” means one who investigates for judgment of an offense punished by imprisonment of
the court a referral for probation or supervises a not less than one month and one day and/or a fine of
probationer or both. not less than Two Hundred Pesos;
Section 4. Grant of Probation.  Subject to the provisions (d) who have been once on probation under the
of this Decree, the court may, after it shall have provisions of this Decree; and
convicted and sentenced a defendant and upon (e) who are already serving sentence at the time the
application at any time of said defendant, suspend the substantive provisions of this Decree became applicable
execution of said sentence and place the defendant on pursuant to Section 33 hereof.
probation for such period and upon such terms and Section 10. Conditions of Probation.  Every probation
conditions as it may deem best. order issued by the court shall contain conditions
Probation may be granted whether the sentence requiring that the probationer shall:
imposes a term of imprisonment or a fine only. An (a) present himself to the probation officer designated
application for probation shall be filed with the trial to undertake his supervision at such place as may be
court, with notice to the appellate court if an appeal has specified in the order within seventy-two hours from
been taken from the sentence of conviction. The filing receipt of said order;
of the application shall be deemed a waver of the right (b) report to the probation officer at least once a month
to appeal, or the automatic withdrawal of a pending at such time and place as specified by said officer.
appeal. The court may also require the probationer to:
An order granting or denying probation shall not be (a) cooperate with a program of supervision;
appealable. (b) meet his family responsibilities;
Section 5. Post-sentence Investigation.  No person shall (c) devote himself to a specific employment and not to
be placed on probation except upon prior investigation change said employment without the prior written
by the probation officer and a determination by the approval of the probation officer;
(d) undergo medical, psychological or psychiatric violation of any of the conditions of probation. The
examination and treatment and enter and remain in a probationer, once arrested and detained, shall
specified institution, when required for that purpose; immediately be brought before the court for a hearing,
(e) pursue a prescribed secular study or vocational which may be informal and summary, of the violation
training; charged. The defendant may be admitted to bail
(f) attend or reside in a facility established for pending such hearing. In such a case, the provisions
instruction, recreation or residence of persons on regarding release on bail of persons charged with a
probation; crime shall be applicable to probationers arrested under
(g) refrain from visiting houses of ill-repute; this provision. If the violation is established, the court
(h) abstain from drinking intoxicating beverages to may revoke or continue his probation and modify the
excess; conditions thereof. If revoked, the court shall order the
(i) permit to probation officer or an authorized social probationer to serve the sentence originally imposed.
worker to visit his home and place or work; An order revoking the grant of probation or modifying
(j) reside at premises approved by it and not to change the terms and conditions thereof shall not be
his residence without its prior written approval; or appealable.
(k) satisfy any other condition related to the Section 16. Termination of Probation.  After the period
rehabilitation of the defendant and not unduly of probation and upon consideration of the report and
restrictive of his liberty or incompatible with his recommendation of the probation officer, the court
freedom of conscience. may order the final discharge of the probationer upon
Section 11. Effectivity of Probation Order.  A probation finding that he has fulfilled the terms and conditions of
order shall take effect upon its issuance, at which time his probation and thereupon the case is deemed
the court shall inform the offender of the consequences terminated.
thereof and explain that upon his failure to comply with The final discharge of the probationer shall operate to
any of the conditions prescribed in the said order or his restore to him all civil rights lost or suspend as a result
commission of another offense, he shall serve the of his conviction and to fully discharge his liability for
penalty imposed for the offense under which he was any fine imposed as to the offense for which probation
placed on probation. was granted.
Section 12. Modification of Condition of The probationer and the probation officer shall each be
Probation.  During the period of probation, the court furnished with a copy of such order.
may, upon application of either the probationer or the Section 17. Confidentiality of Records.  The investigation
probation officer, revise or modify the conditions or report and the supervision history of a probationer
period of probation. The court shall notify either the obtained under this Decree shall be privileged and shall
probationer or the probation officer of the filing such an not be disclosed directly or indirectly to anyone other
application so as to give both parties an opportunity to than the Probation Administration or the court
be heard thereon. concerned, except that the court, in its discretion, may
The court shall inform in writing the probation officer permit the probationer of his attorney to inspect the
and the probationer of any change in the period or aforementioned documents or parts thereof whenever
conditions of probation. the best interest of the probationer make such
Section 13. Control and Supervision of Probationer.  The disclosure desirable or helpful: Provided, Further, That,
probationer and his probation program shall be under any government office or agency engaged in the
the control of the court who placed him on probation correction or rehabilitation of offenders may, if
subject to actual supervision and visitation by a necessary, obtain copies of said documents for its
probation officer. official use from the proper court or the Administration.
Whenever a probationer is permitted to reside in a Section 18. The Probation Administration.  There is
place under the jurisdiction of another court, control hereby created under the Department of Justice an
over him shall be transferred to the Executive Judge of agency to be known as the Probation Administration
the Court of First Instance of that place, and in such a herein referred to as the Administration, which shall
case, a copy of the probation order, the investigation exercise general supervision over all probationers.
report and other pertinent records shall be furnished The Administration shall have such staff, operating units
said Executive Judge. Thereafter, the Executive Judge to and personnel as may be necessary for the proper
whom jurisdiction over the probationer is transferred execution of its functions.
shall have the power with respect to him that was Section 19. Probation Administration.  The
previously possessed by the court which granted the Administration shall be headed by the Probation
probation. Administrator, hereinafter referred to as the
Section 14. Period of Probation. Administrator, who shall be appointed by the President
(a) The period of probation of a defendant sentenced to of the Philippines. He shall hold office during good
a term of imprisonment of not more than one year shall behavior and shall not be removed except for cause.
not exceed two years, and in all other cases, said period The Administrator shall receive an annual salary of at
shall not exceed six years. least forty thousand pesos. His powers and duties shall
(b) When the sentence imposes a fine only and the be to:
offender is made to serve subsidiary imprisonment in (a) act as the executive officer of the Administration;
case of insolvency, the period of probation shall not be (b) exercise supervision and control over all probation
less than nor to be more than twice the total number of officers;
days of subsidiary imprisonment as computed at the (c) make annual reports to the Secretary of Justice, in
rate established, in Article thirty-nine of the Revised such form as the latter may prescribe, concerning the
Penal Code, as amended. operation, administration and improvement of the
Section 15. Arrest of Probationer; Subsequent probation system;
Disposition.  At any time during probation, the court
may issue a warrant for the arrest of a probationer for
(d) promulgate, subject to the approval of the Secretary (d) maintain a detailed record of his work and submit
of Justice, the necessary rules relative to the methods such written reports as may be required by the
and procedures of the probation process; Administration or the court having jurisdiction over the
(e) recommend to the Secretary of Justice the probationer under his supervision;
appointment of the subordinate personnel of his (e) prepare a list of qualified residents of the province
Administration and other offices established in this or city where he is assigned who are willing to act as
Decree; and probation aides;
(f) generally, perform such duties and exercise such (f) supervise the training of probation aides and oversee
powers as may be necessary or incidental to achieve the the latter’s supervision of probationers;
objectives of this Decree. (g) exercise supervision and control over all field
Section 20. Assistant Probation Administrator.  There assistants, probation aides and other personnel; and
shall be an Assistant Probation Administrator who shall (h) perform such duties as may be assigned by the court
assist the Administrator perform such duties as may be or the Administration.
assigned to him by the latter and as may be provided by Section 24. Miscellaneous Powers of Provincial and City
law. In the absence of the Administrator, he shall act as Probation Officers. Provincial or City Probation Officers
head of the Administration. shall have the authority within their territorial
He shall be appointed by the President of the jurisdiction to administer oaths and acknowledgments
Philippines and shall receive an annual salary of at least and to take depositions in connection with their duties
thirty-six thousand pesos. and functions under this Decree. They shall also have,
Section 21. Qualifications of the Administrator and with respect to probationers under their care, the
Assistant Probation Administrator.  To be eligible for powers of police officer.
Appointment as Administrator or Assistant Probation Section 25. Qualifications of Regional, Assistant
Administrator, a person must be at least thirty-five Regional, Provincial, and City Probation Officers. No
years of age, holder of a master’s degree or its person shall be appointed Regional or Assistant
equivalent in either criminology, social work, Regional or Provincial or City Probation Officer unless he
corrections, penology, psychology, sociology, public possesses at least a bachelor’s degree with a major in
administration, law, police science, police social work, sociology, psychology, criminology,
administration, or related fields, and should have at penology, corrections, police science, administration, or
least five years of supervisory experience, or be a related fields and has at least three years of experience
member of the Philippine Bar with at least seven years in work requiring any of the abovementioned
of supervisory experience. disciplines, or is a member of the Philippine Bar with at
Section 22. Regional Office; Regional Probation least three years of supervisory experience.
Officer.  The Administration shall have regional offices Whenever practicable, the Provincial or City Probation
organized in accordance with the field service area Officer shall be appointed from among qualified
patterns established under the Integrated residents of the province or city where he will be
Reorganization Plan. assigned to work.
Such regional offices shall be headed by a Regional Section 26. Organization.  Within twelve months from
Probation Officer who shall be appointed by President the approval of this Decree, the Secretary of Justice
of the Philippines in accordance with the Integrated shall organize the administrative structure of the
Reorganization Plan and upon the recommendation of Administration and the other agencies created herein.
the Secretary of Justice. During said period, he shall also determine the staffing
The Regional Probation Officer shall exercise patterns of the regional, provincial and city probation
supervision and control over all probation officer within offices with the end in view of achieving maximum
his jurisdiction and such duties as may assigned to him efficiency and economy in the operations of the
by the Administrator. He shall have an annual salary of probation system.
at least twenty-four thousand pesos. Section 27. Field Assistants, Subordinate Personnel,
He shall, whenever necessary, be assisted by an Provincial or City Probation Officers shall be assisted by
Assistant Regional Probation Officer who shall also be such field assistants and subordinate personnel as may
appointed by the President of the Philippines, upon be necessary to enable them to carry out their duties
recommendation of the Secretary of Justice, with an effectively.
annual salary of at least twenty thousand pesos. Section 28. Probation Aides.  To assist the Provincial or
Section 23. Provincial and City Probation Officers.  There City Probation Officers in the supervision of
shall be at least one probation officer in each province probationers, the Probation Administrator may appoint
and city who shall be appointed by the Secretary of citizens of good repute and probity to act as probation
Justice upon recommendation of the Administrator and aides.
in accordance with civil service law and rules. Probation Aides shall not receive any regular
The Provincial or City Probation Officer shall receive an compensation for services except for reasonable travel
annual salary of at least eighteen thousand four allowance. They shall hold office for such period as may
hundred pesos. be determined by the Probation Administrator. Their
His duties shall be to: qualifications and maximum case loads shall be
(a) investigate all persons referred to him for provided in the rules promulgated pursuant to this
investigation by the proper court or the Administrator; Decree.
(b) instruct all probationers under his supervision of Section 29. Violation of Confidential Nature of
that of the probation aide on the terms and conditions Probation Records.  The penalty of imprisonment
of their probations; ranging from six months and one day to six years and a
(c) keep himself informed of the conduct and condition fine ranging from hundred to six thousand pesos shall
of probationers under his charge and use all suitable be imposed upon any person who violates Section 17
methods to bring about an improvement in their hereof.
conduct and conditions;
Section 30. Appropriations.  There is hereby authorized
the appropriation of the sum of Six Million Five Hundred
Thousand Pesos or so much as may be necessary, out of
any funds in the National Treasury not otherwise
appropriated, to carry out the purposes of this Decree.
Thereafter, the amount of at least Ten Million Five
Hundred Thousand Pesos or so much as may be
necessary shall be included in the annual appropriations
of the national government.
Section 31. Repealing Clause.  All provisions of existing
laws, orders and regulations contrary to or inconsistent
with this Decree are hereby repealed or modified
accordingly.
Section 32. Separability of Provisions.  If any part,
section or provision of this Decree shall be held invalid
or unconstitutional, no other parts, sections or
provisions hereof shall be affected thereby.
Section 33. Effectivity.  This Decree shall take effect
upon its approval: Provided, However, That, the
application of its substantive provisions concerning the
grant of probation shall only take effect twelve months
after the certification by the Secretary of Justice to the
Chief Justice of the Supreme Court that the
administrative structure of the Probation
Administration and of the other agencies has been
organized.
DONE in the City of Manila, this 24th day of July in the
year of Our Lord, nineteen hundred and seventy-six.
(Sgd.) FERDINAND E. MARCOS
By the President:
(Sgd.) J. C. TUVERA
Presidential Assistant
Source:  Malacañang Records Office