Probation

A judge may grant probation as an alternative to imposing a jail sentence. Probation is ordered when
the circumstances and seriousness of the crime suggest that the probationer is not a threat to society
and that incarceration is not an appropriate punishment. The probationer may freely live in the
community, but must abide by certain conditions of probation for a period of time specified by the
court and and report regularly to an appointed probation officer. General conditions of probation may
include living where directed, participating in rehabilitation programs, submitting to drug and alcohol
tests and maintaining employment. Probationers may be required to show proof to the court that
they have complied with all conditions of probation. If a probationer fails to comply with all required
conditions, the court may revoke probation and require the probationer to serve a jail sentence.

Parole
A Privilege
In contrast to probation, parole is a privilege awarded after an offender has served a portion of their
prison sentence.

Parole is granted after an offender has served a portion of his or her prison sentence. Thus, parole
differs from probation in that it is not an alternative sentence, but rather a privilege granted to some
prisoners after a percentage of their sentence has been served. Parolees must abide by certain terms
and conditions while they are on parole. These terms include living within state or county lines,
meeting regularly with a parole officer, submitting to drug and alcohol tests, and providing proof of
residence and employment. If a parolee violates the conditions of parole, his parole will be revoked
and he will be re-imprisoned.

Parole Eligibility
Most states limit parole to inmates convicted of certain crimes who have served a certain percentage
of their sentence. For instance, offenders who have been convicted of first degree murder,
kidnapping, rape, arson, or drug trafficking are generally not eligible for parole. For other offenders,
the parole board will consider each inmate's personal characteristics, such as age, mental stability,
marital status and prior criminal record. Parole boards do not grant parole to offenders simply for
"good behavior" exhibited during incarceration. The parole board will also consider the nature and
severity of the offense committed, the length of sentence served and the inmate's degree of remorse
for the offense. Finally, the parole board will examine the inmate's ability to establish a permanent
residence and obtain gainful employment upon release. Parole will be granted if there is no apparent
threat to public safety and the inmate is willing and able to re-enter the community.

Fourth Amendment Rights

The Fourth Amendment of the United States Constitution protects the public from unlawful searches
and seizures by law enforcement officers. However, this protection does not extend to those on
probation and parole. The homes of those on probation and parole can; however, be searched at any
time without a search warrant. If drugs, weapons or other paraphernalia is found that violates the
conditions of probation or parole, those items may be seized and used in evidence against the
offender. In addition to revocation of probation or parole, the offender may face additional criminal
charges for possessing the drugs, weapons or other paraphernalia recovered during the search.
What is the difference between Parole and Probation?
Parole is the term used to describe offenders that have been incarcerated in a prison facility and
released prior to the court imposed expiration date. Parolees serve their time in the community and
can be returned to prison for violating any of the conditions of parole imposed by the Board of Parole
Commissioners.

Probation is the term used to describe offenders that have been convicted of an offense but whose
prison sentence is suspended. Probation is very similar to parole except that probationers have not
served prison time on their suspended sentence and the sentencing judge maintains jurisdiction over
the probationer.
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 prison/jail.

WHAT ARE THE ADVANTAGES OF PROBATION? a. The government spends much less when an offender
is released on probation than that offender be placed behind bars (jails/prisons). b. The
offender and the offender’s family are spared the embarrassment and dishonor of
imprisonment. c. The offender is able to continue working and can therefore earn income,
pay taxes and pay damages to the victim of the crime.

WHO CAN APPLY FOR PROBATION? Any sentenced offender, not disqualified, can apply for
probation before serving their prison/jail sentence.

WHERE AND WHEN SHALL THE APPLICATION BE FILED? The application shall be filed with the
trial court that tried and sentenced the offender at any time after conviction and
sentence but within fifteen (15) days after promulgation of judgment.

HOW TO APPLY FOR PROBATION? 1. Apply within fifteen (15) days from promulgation of
judgment. 2. The court will suspend the execution of sentence and refer the application to
the proper probation office for the conduct of post-sentence investigation (PSI). 3. The
probation officer must submit the Post-Sentence Investigation Report (PSIR) within sixty
(60) days upon receipt but the period may be extended in meritorious cases for a period
that will be approved by the court. 4. Pending submission of the PSIR and the resolution
of the application, the defendant may be temporarily released under bail or be released on
recognizance of a responsible member of the community, if defendant is incapable of
posting bail.

MAY AN ACCUSED WHO APPEALED THE CONVICTION APPLY FOR PROBATION ON REMAND OF THE CASE TO
THE TRIAL COURT? As a rule, probation and appeal are mutually exclusive remedies. However,
if the judgment of conviction that was appealed imposed non-probationable penalty and the
same was modified through the imposition of probationable penalty or conviction for a
lesser crime, which is probationable, the accused shall be allowed to apply for probation
based on the modified decision before such decision becomes final. The application for
probation based on the modified decision shall be filed in the trial court, which tried
and convicted the accused or in a trial court where such case has been re-raffled.

MAY AN ACCUSED IN A JOINT TRIAL APPLY FOR PROBATION EVEN IF THE OTHER CO-ACCUSED APPEALED
THEIR CONVICTION? Yes. In a case involving several defendants where some have taken
further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.

WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? a. Those who are sentenced to serve a
maximum term of imprisonment of more than six (6) years; b. Those who are convicted of any
crime against the national security; c. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of more than six (6) months and one (1)
day and / or a fine of more than one thousand (Php1,000.00) pesos; d. Those who have been
once on probation under the provisions of this Decree; e. Those who are already serving
sentence at the time the substantive provisions of this Decree became applicable pursuant
to Section 33 hereof.

WHO ARE DISQUALIFIED FROM APPLYING FOR PROBATION? f. Those legally disqualified under
special penal laws: (1) Offenders found guilty of any election offense in accordance with
Section 264 of B.P. Blg. 881 (Omnibus Election Code); (2) Offenders found guilty of
violating R.A. No. 6727 (Wage Rationalization Act, as amended); (3) Offenders found guilty
of violating R.A. No. 9165, The Comprehensive Dangerous Drugs Act of 2002, except Sections
12, 14, 17, and 70.

ARE ALL QUALIFIED, CONVICTED PERSONS AUTOMATICALLY ENTITLED TO PROBATION? No. The court
will not grant probation if, after investigation the probation officer finds that: a. The
offender can be treated better in an institution or in other places for correction; b. The
offender is a dangerous risk to the community; or c. Probation will lessen the gravity of
the offense.

WHEN PROBATION IS GRANTED, WHAT CONDITIONS ARE IMPOSED BY THE COURT? The probationer must:
a. Appear before the probation officer within 72 hours; b. Report to the probation officer
at least once a month; c. Not commit another offense; and d. Comply with any other
conditions imposed by the court.

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 6 years if the probationer
was sentenced to imprisonment of more than 1 year.

MAY THE OFFENDER BE RELEASED WHILE THE APPLICATION FOR PROBATION IS PENDING? At the
discretion of the court, the probationer may be released: a. On the same bond filed during
the trial; b. On a new bond; or c. To the custody of a responsible member of the community
(if probationer is unable to file the bond).

HOW MANY TIMES CAN ONE BE GRANTED PROBATION? An offender can be granted probation only
once in a lifetime.

WHAT HAPPENS TO A PROBATIONER IF THE CONDITIONS OF PROBATION ARE VIOLATED? The probation
officer investigates the alleged violation and if it is established, a report is submitted
to the court. Depending upon the nature and seriousness of the violation, there can be
modification of the conditions or revocation of probation by the judge. There is also the
possibility of arrest including criminal prosecution of probationer in the event of
commission of another offense. The revocation proceeding is summary. If the court finds
the probationer guilty of serious violation of the conditions of probation, the offender
may be ordered to serve the original sentence imposed.

Presidential Decree No. 968, s. 1976

Signed on July 24, 1976
MALACAÑANG
MANILA
PRESIDENTIAL DECREE No. 968
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.
WHEREAS, one of the major goals of the government is to establish a more enlightened and humane
correctional systems that will promote the reformation of offenders and thereby reduce the incidence
of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders who
are likely to respond to individualized, community-based treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decree the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of 1976.
It shall apply to all offenders except those entitled to the benefits under the provisions of Presidential
Decree numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:
(a) “Probation” is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
(b) “Probationer” means a person placed on probation.
(c) “Probation Officer” means one who investigates for the court a referral for probation or supervises
a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon application at any

time of said defendant, suspend the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem best.
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, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the application shall be deemed a waver
of the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the
best interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report. The investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and
approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the
court the investigation report on a defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition for probation not later than five
days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant may
be 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 recognize the custody of a responsible member of the community who shall guarantee
his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been 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;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his residence without its prior written approval;
or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive
of his liberty or incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in the said order or his commission of another
offense, he shall serve the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions or
period of probation. The court shall notify either the probationer or the probation officer of the filing
such an application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the period
or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall
be under the control of the court who placed him on probation subject to actual supervision and
visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other pertinent
records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction
over the probationer is transferred shall have the power with respect to him that was previously
possessed by the court which granted the probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one
year shall not exceed two years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as computed at the rate established, in
Article thirty-nine of the Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.
The probationer, once arrested and detained, shall immediately be brought before the court for a
hearing, which may be informal and summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to probationers arrested under this provision. If the
violation is established, the court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An
order revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.
Section 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon
the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as
a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for
which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
Section 17. Confidentiality of Records. The investigation report and the supervision

history of a probationer obtained under this Decree shall be privileged and shall not be disclosed
directly or indirectly to anyone other than the Probation Administration or the court concerned, except
that the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer make such
disclosure desirable or helpful: Provided, Further, That, any government office or agency engaged in
the correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department of Justice
an agency to be known as the Probation Administration herein referred to as the Administration,
which shall exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be necessary for the
proper execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President of
the Philippines. He shall hold office during good behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation Administrator
who shall assist the Administrator perform such duties as may be assigned to him by the latter and as
may be provided by law. In the absence of the Administrator, he shall act as head of the
Administration.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be eligible
for Appointment as Administrator or Assistant Probation Administrator, a person must be at least
thirty-five years of age, holder of a master’s degree or its equivalent in either criminology, social work,
corrections, penology,

psychology, sociology, public administration, law, police science, police administration, or related
fields, and should have at least five years of supervisory experience, or be a member of the Philippine
Bar with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional
offices organized in accordance with the field service area patterns established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation officer within
his jurisdiction and such duties as may assigned to him by the Administrator. He shall have an annual
salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall also
be appointed by the President of the Philippines, upon recommendation of the Secretary of Justice,
with an annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon recommendation of
the Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand
four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on the terms and
conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under his charge and use all
suitable methods to bring about an improvement in their conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports as may be required by the
Administration or the court having jurisdiction over the probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned who are willing to
act as probation aides;
(f) supervise the training of probation aides and oversee the latter’s supervision of probationers;
(g) exercise supervision and control over all field assistants, probation aides and other personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to

administer oaths and acknowledgments and to take depositions in connection with their duties and
functions under this Decree. They shall also have, with respect to probationers under their care, the
powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. No
person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer
unless he possesses at least a bachelor’s degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, administration, or related fields and has at least
three years of experience in work requiring any of the abovementioned disciplines, or is a member of
the Philippine Bar with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them to
carry out their duties effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the supervision of
probationers, the Probation Administrator may appoint citizens of good repute and probity to act as
probation aides.
Probation Aides shall not receive any regular compensation for services except for reasonable travel
allowance. They shall hold office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum case loads shall be provided in the rules
promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six thousand
pesos shall be imposed upon any person who violates Section 17 hereof.
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