Under: Atty.

Salvador Hababag

Reported By:
Freda D Bumosao
Suzith Bodota
Sarah Sheen Llena
Cecile Malota
Evangeline Ybañez
Justine Quiamco
Restorative Justice is a process through which remorseful
offenders accept responsibility for their misconduct, particularly to
their victims and to the community. It creates obligation to make
things right through proactive involvement of victims, ownership
of the offender of the crime and the community in search for
solutions which promote repair, reconciliation and reassurance.
Thus, the restorative justice process is actively participated in by
the victim, the offender, and/or any individual or community
member affected by the crime to resolve conflicts resulting from
the criminal offense, often with the help of a fair and impartial
third party. Examples of restorative process include mediation,
conferencing, sentencing/support circle and the like. The
restorative outcome is the agreement obtained as a product of a
restorative justice process. Examples of restorative outcomes
include restitution, community work service and any other
program or response designed to accomplish reparation of the
victim, and the reintegration of the victims and/or offenders.
HOW WAS RESTORATIVE
JUSTICE ADOPTED IN THE
PHILIPPINES?
 The Commission on Crime Prevention and Criminal Justice, of which the Philippines
is a member-country, through a draft resolution, recommended to the Economic and
Social Council of the United Nations Organization (UNO), the adoption of the “Basic
Principles on the Use of Restorative Justice Programmes in Criminal Matters”. The said
document is a formulation of UN Standard in the field of mediation and restorative
justice. The Philippines, being a signatory member-country should ensure adoption of
this resolution.
 Consequently, the goal of the government is to establish a more enlightened and
humane correctional system that will promote the reformation of offenders and
thereby reduce the incidence of recidivism. This is in line with the applicable laws,
rules, and policies mandating this Agency to administer the Parole and Probation
System in the country. As such, the Parole and Probation Administration (PPA) is
empowered to create innovative policies, programs, and activities to facilitate the
reintegration of its clientele into the mainstream of society and consequently prevent
the commission of crime. Therefore, PPA adopts Restorative Justice as one of its
rehabilitation programs which utilizes restorative processes and aims to achieve
restorative outcomes.
Topic related to Restorative Justice
Be it enacted by the Senate and House of
Representative of the Philippines in Congress as
assembled:
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
Section 4 of Presidential Decree No. 968, as amended, is hereby further
amended to read as follows: “SEC. 4. Grant of Probation. - Subject to the provisions of
this Decree, the trial court may, after it shall have convicted and sentenced a defendant
for a probationable penalty and upon application by said defendant within the period for
perfecting an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best. No
application for probation shall be entertained or granted if the defendant has perfected
the appeal from the judgment of conviction: Provided, That when a judgment of
conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant
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 where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial court where such case has since been
re-raffled.
 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. “The trial
court shall, upon receipt of application filed, suspend the
execution of the sentence imposed in the judgment. “This
notwithstanding, the accused shall lose the benefit of probation
should he seek a review of the modified decision which already
imposes a probationable penalty. “Probation may be granted
whether the sentence imposes a term of imprisonment or a fine
only. The filing of the application shall be deemed a waiver of
the right to 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
Section 9 of the same Decree, as amended, is hereby further
amended to read as follows: “SEC. 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 (6) years; “(b) convicted of any crime against the national
security; “(c) 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 pesos (Php 1,000.00); “(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
 Section 16 of the same Decree, as amended, is hereby further
amended to read as follows: “SEC. 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 suspended as a result of his conviction and to
totally extinguish his criminal liability 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
 Section 24 of the same Decree is hereby amended to read as
follows: “SEC. 24. Miscellaneous Powers of Regional,
Provincial and City Probation Officers. - Regional,
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 2
under their care, the powers of a police officer. They shall
be considered as persons in authority.”
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
 Section 27 of the same Decree is hereby amended to read as
follows: “SEC. 27. Field Assistants, Subordinate Personnel. -
Regional, 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
 Section 28 of the same Decree is hereby amended to read as follows: “SEC. 28.
Volunteer Probation Assistants (VPAs). - To assist the Chief Probation and
Parole Officers in the supervised treatment program of the probationers, the
Probation Administrator may appoint citizens of good repute and probity,
who have the willingness, aptitude, and capability to act as VPAs. “VPAs shall
not receive any regular compensation except for reasonable transportation
and meal allowances, as may be determined by the Probation Administrator,
for services rendered as VPAs. “They shall hold office for a two (2)-year term
which may be renewed or recalled anytime for a just cause. Their functions,
qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act. “There
shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs
and the Probation Administrator, the latter shall encourage and support the
former to organize themselves in the national, regional, provincial, and city
levels for effective utilization, coordination, and sustainability of the
volunteer program.”
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 Clause.- The amount necessary
to carry out the provisions of this Act shall be
included in the General Appropriations Act of
the year following its enactment into law.
Section 31
 Repealing Clause. - All laws, executive orders, or
administrative orders, rules and regulations or
parts thereof which are inconsistent with this
Act, are hereby amended, 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 Act shall take effect
immediately after its publication in the Official
Gazette or in two (2) newspapers of general
circulation.
Thank You!