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Republic of the Philippines

Department of Justice
PAROLE AND PROBATION ADMINISTRATION
DOJ Agencies Bldg., NIA Road, Diliman, Quezon City
(02-926-48-79) www.probation.gov.ph

24 April 2017

DUSTIN G. CATACUTAN
Supervising Probation Officer/OIC
Angeles City Parole and Probation Office
G/F Hall of Justice Building
Pulung Maragul, Angeles City

SPPO/OIC Catacutan:

This is in reply to your letter dated 17 April 2017 re: the case of five (5)
Chinese nationals who were found guilty of Resistance and Disobedience Upon
Agents of a Person in Authority and of Malicious Mischief who now have pending
applications for probation in the Municipal Trial Court of Clarkfield, Pampanga.

While Section 9 of Presidential Decree No. 968, as amended, does not include
foreign nationals from offenders who are disqualified from the benefits of Probation,
this Agency is constrained to recommend the denial of the applications for probation
of foreign nationals for the following reasons:

First, the impossibility to conduct post-sentence investigation to obtain


information material to the character, antecedents, environment, physical and mental
condition of foreign nationals that will determine their suitability to respond to
community-based corrections.

Second and in connection to the above, the risk of non-compliance with the
mandatory conditions for the grant of probation that can eventually lead to the
revocation of probation.

Third, the difficulty in undertaking the supervision of foreign national


probationers.

On another note, assuming for the sake of argument that the Municipal Trial
Court of Clarkfield, Pampanga grants the applications for probation and the Bureau
of Immigration detains the 5 Chinese nationals due to the pending deportation
proceedings against them, still the findings of the Bureau of Immigration will prevail
over the grant of probation to the foreign nationals. Hence, the grant of probation
will just be put to naught.
It must be remembered that probation must be resorted to not only to
exempt convicted criminal offenders from incarceration but more importantly,
because it is perceived that their correction and rehabilitation can be best served
outside prison facilities.

We trust that you find the foregoing in order.

DR. MANUEL G. CO, CESO I


Administrator

MGC/rng/mjl
Letter to SPPO Catacutan 04-24-17