PRESIDENTIAL DECREE No. 968 (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:
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES (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.
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; (b) "Probationer" means a person placed on probation.
WHEREAS, the confinement of all offenders prisons and other institutions (c) "Probation Officer" means one who investigates for the court a referral for
with rehabilitation programs constitutes an onerous drain on the financial probation or supervises a probationer or both.
resources of the country; and
Section 4. Grant of Probation. Subject to the provisions of this Decree,
WHEREAS, there is a need to provide a less costly alternative to the the court may, after it shall have convicted and sentenced a defendant and
imprisonment of offenders who are likely to respond to individualized, upon application at any time of said defendant, suspend the execution of said
community-based treatment programs; sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order Probation may be granted whether the sentence imposes a term of
and decree the following: 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
Section 1. Title and Scope of the Decree. This Decree shall be known as a waver of the right to appeal, or the automatic withdrawal of a pending
the Probation Law of 1976. It shall apply to all offenders except those entitled appeal.
to the benefits under the provisions of Presidential Decree numbered Six
An order granting or denying probation shall not be appealable.
Hundred and three and similar laws.
Section 5. Post-sentence Investigation. No person shall be placed on
Section 2. Purpose. This Decree shall be interpreted so as to:
probation except upon prior investigation by the probation officer and a
(a) promote the correction and rehabilitation of an offender by providing him determination by the court that the ends of justice and the best interest of
with individualized treatment; the public as well as that of the defendant will be served thereby.

(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
Section 6. Form of Investigation Report. The investigation report to be (b) convicted of any offense against the security of the State;
submitted by the probation officer under Section 5 hereof shall be in the form
(c) who have previously been convicted by final judgment of an offense
prescribed by the Probation Administrator and approved by the Secretary of
punished by imprisonment of not less than one month and one day and/or a
Justice.
fine of not less than Two Hundred Pesos;
Section 7. Period for Submission of Investigation Report. The
(d) who have been once on probation under the provisions of this Decree;
probation officer shall submit to the court the investigation report on a
and
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 (e) who are already serving sentence at the time the substantive provisions of
not later than five days after receipt of said report. this Decree became applicable pursuant to Section 33 hereof.
Pending submission of the investigation report and the resolution of the Section 10. Conditions of Probation. Every probation order issued by the
petition, the defendant may be allowed on temporary liberty under his bail court shall contain conditions requiring that the probationer shall:
filed in the criminal case; Provided, That, in case where no bail was filed or
(a) present himself to the probation officer designated to undertake his
that the defendant is incapable of filing one, the court may allow the release
supervision at such place as may be specified in the order within seventy-two
of the defendant on recognize the custody of a responsible member of the
hours from receipt of said order;
community who shall guarantee his appearance whenever required by the
court. (b) report to the probation officer at least once a month at such time and
place as specified by said officer.
Section 8. Criteria for Placing an Offender on Probation. In
determining whether an offender may be placed on probation, the court shall The court may also require the probationer to:
consider all information relative, to the character, antecedents, environment,
(a) cooperate with a program of supervision;
mental and physical condition of the offender, and available institutional and
community resources. Probation shall be denied if the court finds that: (b) meet his family responsibilities;
(a) the offender is in need of correctional treatment that can be provided (c) devote himself to a specific employment and not to change said
most effectively by his commitment to an institution; or employment without the prior written approval of the probation officer;
(b) there is undue risk that during the period of probation the offender will (d) undergo medical, psychological or psychiatric examination and treatment
commit another crime; or and enter and remain in a specified institution, when required for that
purpose;
(c) probation will depreciate the seriousness of the offense committed.
(e) pursue a prescribed secular study or vocational training;
Section 9. Disqualified Offenders. The benefits of this Decree shall not be
extended to those: (f) attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
(a) sentenced to serve a maximum term of imprisonment of more than six
years; (g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess; pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred shall
(i) permit to probation officer or an authorized social worker to visit his home
have the power with respect to him that was previously possessed by the
and place or work;
court which granted the probation.
(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 Section 14. Period of Probation.
conscience.
(a) The period of probation of a defendant sentenced to a term of
Section 11. Effectivity of Probation Order. A probation order shall take imprisonment of not more than one year shall not exceed two years, and in
effect upon its issuance, at which time the court shall inform the offender of all other cases, said period shall not exceed six years.
the consequences thereof and explain that upon his failure to comply with
(b) When the sentence imposes a fine only and the offender is made to serve
any of the conditions prescribed in the said order or his commission of
subsidiary imprisonment in case of insolvency, the period of probation shall
another offense, he shall serve the penalty imposed for the offense under
not be less than nor to be more than twice the total number of days of
which he was placed on probation.
subsidiary imprisonment as computed at the rate established, in Article thirty-
Section 12. Modification of Condition of Probation. During the period nine of the Revised Penal Code, as amended.
of probation, the court may, upon application of either the probationer or the
Section 15. Arrest of Probationer; Subsequent Disposition. At any
probation officer, revise or modify the conditions or period of probation. The
time during probation, the court may issue a warrant for the arrest of a
court shall notify either the probationer or the probation officer of the filing
probationer for violation of any of the conditions of probation. The
such an application so as to give both parties an opportunity to be heard
probationer, once arrested and detained, shall immediately be brought before
thereon.
the court for a hearing, which may be informal and summary, of the violation
The court shall inform in writing the probation officer and the probationer of charged. The defendant may be admitted to bail pending such hearing. In
any change in the period or conditions of probation. 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
Section 13. Control and Supervision of Probationer. The probationer
the violation is established, the court may revoke or continue his probation
and his probation program shall be under the control of the court who placed
and modify the conditions thereof. If revoked, the court shall order the
him on probation subject to actual supervision and visitation by a probation
probationer to serve the sentence originally imposed. An order revoking the
officer.
grant of probation or modifying the terms and conditions thereof shall not be
Whenever a probationer is permitted to reside in a place under the appealable.
jurisdiction of another court, control over him shall be transferred to the
Section 16. Termination of Probation. After the period of probation and
Executive Judge of the Court of First Instance of that place, and in such a
upon consideration of the report and recommendation of the probation
case, a copy of the probation order, the investigation report and other
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 The Administrator shall receive an annual salary of at least forty thousand
thereupon the case is deemed terminated. pesos. His powers and duties shall be to:
The final discharge of the probationer shall operate to restore to him all civil (a) act as the executive officer of the Administration;
rights lost or suspend as a result of his conviction and to fully discharge his
(b) exercise supervision and control over all probation officers;
liability for any fine imposed as to the offense for which probation was
granted. (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;
The probationer and the probation officer shall each be furnished with a copy
of such order.
(d) promulgate, subject to the approval of the Secretary of Justice, the
Section 17. Confidentiality of Records. The investigation report and the
necessary rules relative to the methods and procedures of the probation
supervision history of a probationer obtained under this Decree shall be
process;
privileged and shall not be disclosed directly or indirectly to anyone other
than the Probation Administration or the court concerned, except that the (e) recommend to the Secretary of Justice the appointment of the
court, in its discretion, may permit the probationer of his attorney to inspect subordinate personnel of his Administration and other offices established in
the aforementioned documents or parts thereof whenever the best interest of this Decree; and
the probationer make such disclosure desirable or helpful: Provided, Further,
(f) generally, perform such duties and exercise such powers as may be
That, any government office or agency engaged in the correction or
necessary or incidental to achieve the objectives of this Decree.
rehabilitation of offenders may, if necessary, obtain copies of said documents
for its official use from the proper court or the Administration. Section 20. Assistant Probation Administrator. There shall be an
Assistant Probation Administrator who shall assist the Administrator perform
Section 18. The Probation Administration. There is hereby created
such duties as may be assigned to him by the latter and as may be provided
under the Department of Justice an agency to be known as the Probation
by law. In the absence of the Administrator, he shall act as head of the
Administration herein referred to as the Administration, which shall exercise
Administration.
general supervision over all probationers.
He shall be appointed by the President of the Philippines and shall receive an
The Administration shall have such staff, operating units and personnel as
annual salary of at least thirty-six thousand pesos.
may be necessary for the proper execution of its functions.
Section 21. Qualifications of the Administrator and Assistant
Section 19. Probation Administration. The Administration shall be
Probation Administrator. To be eligible for Appointment as Administrator
headed by the Probation Administrator, hereinafter referred to as the
or Assistant Probation Administrator, a person must be at least thirty-five
Administrator, who shall be appointed by the President of the Philippines. He
years of age, holder of a master's degree or its equivalent in either
shall hold office during good behavior and shall not be removed except for
criminology, social work, corrections, penology, psychology, sociology, public
cause.
administration, law, police science, police administration, or related fields, and
should have at least five years of supervisory experience, or be a member of (b) instruct all probationers under his supervision of that of the probation aide
the Philippine Bar with at least seven years of supervisory experience. on the terms and conditions of their probations;
Section 22. Regional Office; Regional Probation Officer. The (c) keep himself informed of the conduct and condition of probationers under
Administration shall have regional offices organized in accordance with the his charge and use all suitable methods to bring about an improvement in
field service area patterns established under the Integrated Reorganization their conduct and conditions;
Plan.
(d) maintain a detailed record of his work and submit such written reports as
Such regional offices shall be headed by a Regional Probation Officer who may be required by the Administration or the court having jurisdiction over
shall be appointed by President of the Philippines in accordance with the the probationer under his supervision;
Integrated Reorganization Plan and upon the recommendation of the
(e) prepare a list of qualified residents of the province or city where he is
Secretary of Justice.
assigned who are willing to act as probation aides;

The Regional Probation Officer shall exercise supervision and control over all
(f) supervise the training of probation aides and oversee the latter's
probation officer within his jurisdiction and such duties as may assigned to
supervision of probationers;
him by the Administrator. He shall have an annual salary of at least twenty-
four thousand pesos. (g) exercise supervision and control over all field assistants, probation aides
and other personnel; and
He shall, whenever necessary, be assisted by an Assistant Regional Probation
Officer who shall also be appointed by the President of the Philippines, upon (h) perform such duties as may be assigned by the court or the
recommendation of the Secretary of Justice, with an annual salary of at least Administration.
twenty thousand pesos.
Section 24. Miscellaneous Powers of Provincial and City Probation
Section 23. Provincial and City Probation Officers. There shall be at least one Officers. Provincial or City Probation Officers shall have the authority within
probation officer in each province and city who shall be appointed by the their territorial jurisdiction to administer oaths and acknowledgments and to
Secretary of Justice upon recommendation of the Administrator and in take depositions in connection with their duties and functions under this
accordance with civil service law and rules. Decree. They shall also have, with respect to probationers under their care,
the powers of police officer.
The Provincial or City Probation Officer shall receive an annual salary of at
least eighteen thousand four hundred pesos. Section 25. Qualifications of Regional, Assistant Regional,
Provincial, and City Probation Officers. No person shall be appointed
His duties shall be to:
Regional or Assistant Regional or Provincial or City Probation Officer unless he
(a) investigate all persons referred to him for investigation by the proper possesses at least a bachelor's degree with a major in social work, sociology,
court or the Administrator; 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 necessary, out of any funds in the National Treasury not otherwise
with at least three years of supervisory experience. 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
Whenever practicable, the Provincial or City Probation Officer shall be
may be necessary shall be included in the annual appropriations of the
appointed from among qualified residents of the province or city where he
national government.
will be assigned to work.
Section 31. Repealing Clause. All provisions of existing laws, orders and
Section 26. Organization. Within twelve months from the approval of this
regulations contrary to or inconsistent with this Decree are hereby repealed
Decree, the Secretary of Justice shall organize the administrative structure of
or modified accordingly.
the Administration and the other agencies created herein. During said period,
he shall also determine the staffing patterns of the regional, provincial and Section 32. Separability of Provisions. If any part, section or provision of
city probation offices with the end in view of achieving maximum efficiency this Decree shall be held invalid or unconstitutional, no other parts, sections
and economy in the operations of the probation system. or provisions hereof shall be affected thereby.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Section 33. Effectivity. This Decree shall take effect upon its approval:
Probation Officers shall be assisted by such field assistants and subordinate Provided, However, That, the application of its substantive provisions
personnel as may be necessary to enable them to carry out their duties concerning the grant of probation shall only take effect twelve months after
effectively. the certification by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the Probation
Section 28. Probation Aides. To assist the Provincial or City Probation
Administration and of the other agencies has been organized.
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