PPA Reviewer
PPA Reviewer
PPA Reviewer
The Probation Administration was created by virtue of Presidential Decree No. 968,
“The Probation Law of 1976”, to administer the probation system. Under Executive
Order No. 292, “The Administrative Code of 1987” which was promulgated on
November 23, 1989, the Probation Administration was renamed “Parole and Probation
Administration” and given the added function of supervising prisoners who, after serving
part of their sentence in jails are released on parole pardon with parole conditions
MALACAÑANG
MANILA
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;
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.
(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.
(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.
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 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.
(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
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;
(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.
(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;
(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.
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.
(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.
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.
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:
(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.
He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.
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.
(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.
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 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
CHAPTER 7
The appointees to the positions of Administrator and Deputy Administrator must be holders of a
doctoral/masteral degree in public administration and/or lawyers with at least one year of
supervisory experience in probation work.
(2) The Administration shall have a Technical Service under the Office of the Administrator
which shall serve as the service arm of the Board of Pardons and Parole in the supervision of
parolees and pardonees.
The Board and the Administration shall jointly determine the staff complement of the Technical
Service.
(3) The Administration shall likewise continue to operate and maintain a Regional Office in each
of the administrative regions including the National Capital Region and also a probation and
parole office in every province and city of the country.
The Regional, Provincial and City Offices of the Administration shall each be headed by a
Regional Probation and Parole Officer, Provincial/City Probation and Parole Officer,
respectively, all of whom shall be appointed by the Secretary upon the recommendation of the
Administrator.
The Provincial or City Probation and Parole Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry out their duties and functions.
For this purpose, the Administrator may appoint citizens of good repute and probity to act as
Probation and Parole Aides who shall not receive any regular compensation for their services
except reasonable travel allowance.
WHAT IS VOLUNTEERISM?
The use of volunteer workers in probation and parole is worth adopting because it
opens new fields for community involvement in corrections and for training youth
leaders, barangay organizations, and civic groups in social development work. The use
of volunteers will also make it possible for the correctional system to exercise
supervision of offenders at less cost to the government.
WHAT ARE THE LEGAL BASES FOR VPA PROGRAM OF THE PPA?
Presidential Decree No. 968 permits the employment of Volunteer Probation Aides
(VPA), specifically under Sec 28 which states:
“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.”
On October 11, 2005, President Gloria M. Arroyo signed Executive Order No. 468
revitalizing the VPA Program of the PPA to strengthen community involvement and
participation in crime prevention, treatment of offenders and the administration of
criminal justice. This Executive Order provides the coordination among government
agencies, non-government organizations and people’s orgnizations specifically under
Section 3 which states: