TASK 1: SEARCH ON THE INTERNET THE PROVISIONS OF THE FF:

 PD 968:
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.

 PD 1257
Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the Probation Law of
1976, is hereby amended to read as follows:

"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant but before he begins to serve his sentence and upon
his application, 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.

The prosecuting officer concerned shall be notified by the court of the filling of the application
for probation and he may submit his comment on such application within ten days from receipt
of the notification.

Probation may be granted whether the sentence impose a term of imprisonment or a fine with
subsidiary imprisonment in case of insolvency. An application for probation shall be filed with
trial court, with notice to appellate court if an appeal has been taken from the sentence of
conviction. The filling of the application shall be deemed a waiver of the right to appeal, or the
automatic withdrawal of a pending appeal. In the latter case however, if the application is filed
on or after the date of the judgment of the appellate court.

An order granting or denying probation shall not be appealable."

Section 2. The first paragraph of Section 7 of the same Decree is hereby amended to read as
follows:

"Sec. 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 application for
probation not later than fifteen days after receipts of said report."

Section 3. Section 15 of the same Decree is hereby amended to read as follows:

"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for any serious violation of the
conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing of the violation charged. The defendant may be admitted
to bail pending such hearing. In such case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision.

In the hearing, which shall be summary in nature, the probationer shall have the right to be
informed of the violation charged and to adduce evidence in his favor. The court shall not be
bound by the technical rules of evidence but may be inform itself of all the facts which are
material and relevant to ascertain the veracity of the charge. The State shall be represented by a
prosecuting officer in any contested hearing. If the violation is established, the court may revoke
or continue his probation and modify 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 4. Section 33 of the same Decree is hereby amended to read as follows:

"Sec. 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 on January 3, 1978."

Section 5. This Decree shall take effect immediately.

 Batas Pambansa Blg. 76: an act amending presidential decree numbered nine hundred
sixty-eight, as amended, otherwise known as the probation law of nineteen hundred and
seventy-six, so as to expand its coverage.

Be it enacted by the Batasang Pambansa in session assembled:

SECTION 1. Section nine of Presidential Decree Numbered Nine hundred sixty-eight, as
amended by Presidential Decree Numbered Twelve hundred and fifty-seven, 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 years and one day;
"(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 more than Two
Hundred Pesos; and
"(d) who have been once on probation under the provisions of this Decree."

SEC. 2. Notwithstanding the provision of the Probation Law of 1976, any person sentenced
to a maximum penalty of six years and one day on January 3, 1978 and thereafter may be placed
on probation upon his application therefor with the court of origin. However, such person serving
sentence at the effectivity of this Act shall remain in jail pending the approval of his application.

SEC 3. This Act shall take effect upon its approval.

Approved, June 13, 1980.

 PD 1990

Section 1. Section 34 of Presidential Decree No. 968 is hereby 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, 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;
Provided, That no application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction.

"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. 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."

SEC. 2. Section 9 of Presidential Decree No. 968 is hereby 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 years;
(b) Convicted of subversion or any crime against the national security or the public order;
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.

(c)Who have been once on probation under the provisions of this Decree; and who are already
serving sentence at the time the substantive provisions of this Decree became applicable pursuant
to Section 33 hereof.”

 RA 9344: An act establishing a comprehensive juvenile justice and welfare system,

creating the juvenile justice and welfare council under the department of justice,
appropriating funds therefor and for other purposes.

Section 1. Short Title and Scope. – This Act shall be known as the “Juvenile Justice and
Welfare Act of 2006.” It shall cover the different stages involving children at risk and children in
conflict with the law from prevention to rehabilitation and reintegration.

SEC. 42. Probation as an Alternative to Imprisonment. – The court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any time, place
the child on probation in lieu of service of his/her sentence taking into account the best interest
of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976”, is hereby amended accordingly.

TASK 2: MAKE A TABLE FOR THE COMPARISON OF THE AMENDATORY LAWS

AND ORIGINAL PD 968.

Note: Italic words were the differences while normal fonts were the similarities of both
provisions.

ORIGINAL LAW AMENDATORY LAW

PD 968
PD 1257

Sec 4: Grant of Probation. Section 1. Section 4 of Presidential Decree No.

968, otherwise known as the Probation Law of
1976, is hereby amended to read as follows:

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
An order granting or denying probation shall not be appealable."
be appealable
Sec 7(1): 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.
Sec 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
"Sec. 4. Grant of Probation. Subject to the
provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant
but before he begins to serve his sentence and
upon his application, 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.
The prosecuting officer concerned shall be
notified by the court of the filling of the
application for probation and he may submit his
comment on such application within ten days
from receipt of the notification.
Probation may be granted whether the sentence
impose a term of imprisonment or a fine with
subsidiary imprisonment in case of insolvency.
An application for probation shall be filed with
trial court, with notice to appellate court if an
appeal has been taken from the sentence of
conviction. The filling of the application shall be
deemed a waiver of the right to appeal, or the
automatic withdrawal of a pending appeal. In the
latter case however, if the application is filed on
or after the date of the judgment of the appellate
court.
Section 2. The first paragraph of Section 7 of
the same Decree is hereby amended to read as
follows:
"Sec. 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
application for probation not later than fifteen
days after receipts of said report."
Section 3. Section 15 of the same Decree is
hereby amended to read as follows:
"Sec. 15. Arrest and Probationer; Subsequent
Disposition. At any time during probation, the
court may issue a warrant for the arrest of a
probationer for any serious violation of the
conditions of probation. The probationer, once
arrested and detained, shall immediately be
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 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. conditions thereof shall not be
appealable.
Sec 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.
brought before the court for a hearing of the
violation charged. The defendant may be
admitted to bail pending such hearing. In such
case, the provisions regarding release on bail of
persons charged with a crime shall be applicable
to probationers arrested under this provision.
In the hearing, which shall be summary in
nature, the probationer shall have the right to be
informed of the violation charged and to adduce
evidence in his favor. The court shall not be
bound by the technical rules of evidence but may
be inform itself of all the facts which are
material and relevant to ascertain the veracity of
the charge. The State shall be represented by a
prosecuting officer in any contested hearing. If
the violation is established, the court may revoke
or continue his probation and modify 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 4. Section 33 of the same Decree is
hereby amended to read as follows:
"Sec. 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 on January 3, 1978."
Section 5. This Decree shall take effect
immediately.
 REFLECTION/COMMENTS
PD 968 laid the groundwork for the probation system in the Philippines, providing a framework for
its implementation and operation. However, as with any legislation, there may have been areas that
required clarification, updating, or refinement to ensure the system’s effectiveness and fairness.
The amendments introduced by PD 1257, targeting Sections 4, 7, 15, and 33 of PD 968, indicate a
proactive approach to addressing these potential shortcomings. By specifically targeting these
sections, the amendments likely aim to improve eligibility criteria, streamline procedures, enhance
supervision, or clarify conditions of probation.
These amendments signify a commitment to continuous improvement and responsiveness to the
evolving needs of the probation system. By fine-tuning specific aspects of PD 968, PD 1257 seeks to
strengthen the overall effectiveness and fairness of probation administration in the Philippines,
ultimately contributing to the rehabilitation and reintegration of offenders into society.

PD 968 BATAS PAMBANSA BLG. 76

Section 9. Disqualified Offenders. The benefits of SECTION 1. Section of Presidential Decree

this Decree shall not be extended to those: Numbered Nine hundred sixty-eight, as
amended by Presidential Decree Numbered
Twelve hundred and fifty-seven, is hereby further
amended to read as follows:

"SEC. 9. Disqualified Offenders.—The benefits

(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;
of this Decree shall not be extended to those:
"(a) sentenced to serve a maximum term of
imprisonment of more than six years and one
day;

"(b) convicted of any offense, against the security

(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;
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 more than Two Hundred Pesos; and

(d) who have been once on probation

under the provisions of this Decree; "(d) who have been once on probation under the
and provisions of this Decree."
(e) who are already serving sentence at the time
the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

REFLECTION/COMMENTS
Both Batas Pambansa Blg 76 and the amendment to Section 9 of PD 968 demonstrate the

PD 968 PD 1990

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.
Section 1. Section 34 of Presidential Decree No.
968 is hereby 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, 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; Provided, That no application for
probation shall be entertained or granted if the
defendant has perfected the appeal from the
judgment of conviction.

"Probation may be granted whether the sentence

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
imposes a term of imprisonment or a fine only. An application for probation shall be filed with
An application for probation shall be filed with the trial court. The filing of the application shall
the trial court, with notice to the appellate court be deemed a waiver of the right to appeal.
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."
An order granting or denying probation shall not
be appealable.
Section 9. Disqualified Offenders. The benefits SEC. 2. Section 9 of Presidential Decree No.
of this Decree shall not be extended to those: 968 is hereby 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 (a) Sentenced to serve a maximum term of
imprisonment of more than six years; imprisonment of more than six years;

(b) convicted of any offense against the (b) Convicted of subversion or any crime
security of the State; against the national security or the public order;

© 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;
© 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.

(c) who have been once on probation under (c)Who have been once on probation under the
the provisions of this Decree; and provisions of this Decree; and who are already
serving sentence at the time the substantive
who are already serving sentence at the time the provisions of this Decree became applicable
substantive provisions of this Decree became pursuant to Section 33 hereof.”
applicable pursuant to Section 33 hereof.

The amendments introduced by PD No. 1990 to sections 4 and 9 of PD 968 represent a significant
step towards enhancing the effectiveness and flexibility of the probation system in the Philippines. By
broadening the eligibility criteria to consider various circumstances of the offender, the law
acknowledges the importance of individualized justice and rehabilitation. Additionally, the provisions
for extending the probation period and establishing monitoring mechanisms demonstrate a
commitment to ensuring accountability and support for probationers as they reintegrate into society.
Overall, these amendments reflect a progressive approach to criminal justice that aims to balance
punishment with rehabilitation and reintegration, ultimately contributing to safer communities.

PD 968
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.
RA 9344
Section 1. Short Title and Scope. – This Act
shall be known as the “Juvenile Justice and
Welfare Act of 2006.” It shall cover the different
stages involving children at risk and children in
conflict with the law from prevention to
rehabilitation and reintegration.

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.
SEC. 42. Probation as an Alternative to
Imprisonment. – The court may, after it shall
have convicted and sentenced a child in conflict
with the law, and upon application at any time,
place the child on probation in lieu of service of
his/her sentence taking into account the best
interest of the child. For this purpose, Section 4
of Presidential Decree No. 968, otherwise known
as the “Probation Law of 1976”, is hereby
An order granting or denying probation shall not amended accordingly.
be appealable.