CA 2: Non-Institutional Corrections ● The Public Attorney's Office exists to provide the indigent litigants, ● facilitate inquest proceedings

the oppressed, marginalized and underprivileged members of the ● analyze and evaluate evidence
The DOJ pursues its mandate through its agencies. These are the society free access to courts, judicial and quasi-judicial agencies, by ● establishment of prima facie evidence
following: rendering legal services, counseling and assistance in consonance
1. BUREAU OF CORRECTIONS with the Constitutional mandate that free access to courts shall not COURTS
2. BUREAU OF IMMIGRATION be denied to any person by reason of poverty in order to ensure the ● conducts trial to determine whether the accused is guilty or innocent
3. NATIONAL BUREAU OF INVESTIGATION rule of law, truth and social justice as components of the country's of the charge
4. PAROLE AND PROBATION ADMINISTRATION sustainable development. ● a truly independent institution
5. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT ● fair trial
6. PUBLIC ATTORNEY'S OFFICE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION ● establishment of proof beyond reasonable doubt
7. OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION ● To promote, develop and expand the use of alternative dispute
8. OFFICE OF THE GOVERNMENT CORPORATE COUNSEL resolution (ADR) in the private and public sectors; and, to assist CORRECTIONS
9. OFFICE OF THE SOLICITOR GENERAL government to monitor, study and evaluate the sue by the public ● when the court found proof beyond reasonable doubt, suspect will
10. LAND REGISTRATION AUTHORITY and the private sector of ADR, and recommend to Congress needful be turned over to penitentiary unit
statutory changes to develop, strengthen and improve ADR ● rehabilitation, reformation relative to the upholding of human rights
BUREAU OF CORRECTIONS practices in accordance with world standards. and dignity through scientific, spiritual and social programs
● The Bureau of Corrections (BuCor) is charged with custody and ● knows as the weakest pillar of CJS
rehabilitation of national offenders, that is, those sentenced to serve OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
a term of imprisonment of more than three (3) years. ● The Office of the Government Corporate Counsel (OGCC) was COMMUNITY
founded on December 01, 1935 as a Government Counsel Division ● molds persons from birth and reintegrates offenders back to their
BUREAU OF IMMIGRATION under the Department of Justice (DOJ). To date, it has emerged as home
● In accordance with the Revised Administrative Code of 1987, the the premier law office of government-owned and controlled ● known as the core of Criminal Justice System
Commission on Immigration and Deportation was renamed corporations (GOCCs), their subsidiaries, other corporate offsprings ● working for peace and order in partnership with the other pillars and
BUREAU OF IMMIGRATION as it is more properly called today. and government-acquired asset corporations. to integrate plan of action to combat crime and promote justice
Under this code the Bureau is composed of three (3) structural units
namely: the Office of the Commissioner, the Board of OFFICE OF THE SOLICITOR GENERAL
Commissioners, and the Board of Special Inquiry. These groups act ● The Office of the Solicitor General which is an independent and
as collegial bodies and exercises quasi-judicial powers affecting the autonomous office attached to the Department of Justice for Define the following:
entry and stay of foreign nationals in the country. budgetary purposes is the legal representative of the Government of
the republic of the Philippines, its agencies and instrumentalities 1. Bail — monetary amount for or condition of pre-trial release from
NATIONAL BUREAU OF INVESTIGATION and its officials and agents in any litigation, proceeding investigation custody of law. Or a money payment in return for which a defendant
● The main objective of the National Bureau of Investigation is the or matter requiring the services of a lawyer before the local court is given freedom pending trial or appeal.
establishment and maintenance of a modern, effective and efficient systems or international fora. 2. Probable cause — It exist when the evidence submitted to the
investigative service and research agency for the purpose of inquest officer engenders a well founded belief that a crime has
implementing fully principal functions provided under Republic Act LAND REGISTRATION AUTHORITY been committed and that the arrested or detained person is
No. 157, as amended. ● The Land Registration Authority is mandated to issue decrees of probably guilty thereof
registration and certificates of titles and register documents, patents 3. Preliminary investigation — An inquiry or proceeding conducted
PAROLE AND PROBATION ADMINISTRATION and other land transactions for the benefit of landowners, Agrarian to determine whether there is a sufficient ground to engender a well
● The Parole and Probation Administration (PPA) provides a less Reform-beneficiaries and the registering public in general; to founded belief that a crime has been committed and that the
costly alternative to imprisonment of offenders who are likely to provide a secure, stable and trustworthy record of land ownership respondent is probably guilty thereof and should be held for trial.
respond to individualized community based treatment programs. and recorded interests therein so as to promote social and 4. Inquest — a summary investigation conducted by a public
economic well-being and contribute to national development. prosecutor in cases where a person has been lawfully arrested
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT without a warrant. Purpose: The inquest determines whether the
● The Presidential Commission on Good Government shall be Five Pillars of Criminal Justice arrest was legal and whether the person arrested should remain in
charged with the task of assisting the President in the recovery of ill- 1. Law Enforcement 4. Correction custody and be charged in court
gotten wealth accumulated by former President Ferdinand E. 2. Prosecutor 5. Community 5. Commitment Order — written order of the court or any other
Marcos, his immediate family, relatives, subordinates and close 3. Court competent authority consigning an Inmate to jail or prison for
associates, whether located in the Philippines or abroad, including confinement
the takeover or sequestration of all business enterprises and entities LAW ENFORCEMENT 6. Mittimus Order — warrant issued by a court bearing its seal and
owned or controlled by them, during his administration, directly or ● conducts arrest, search, seizure, etc the signature of the judge, directing the jail or prison authorities to
through nominees, by taking undue advantage of their public office ● prime mover or front liner of the Criminal Justice System receive inmates for custody or service of the sentence imposed
and/or using their powers, authority, influence, connection or ● crime prevention and control therein.
relationship; the investigation of such cases of graft and corruption ● patrolling and police visibility 7. Probation — is a disposition, under which a defendant after
as the President may assign to the Commission from time to time; ● arresting of criminal offenders conviction and sentence, is release subject to the conditions
and the adoption of safeguards to ensure that the above practices ● custodial investigation imposed by the court and to the supervision of a probation officer
shall not be repeated in any manner under the new government, 8. Parole — conditional release from prison of a convicted person
and the institution of adequate measures to prevent the occurrence PROSECUTION upon service of the minimum of his indeterminate penalty.
of corruption. ● conducts preliminary investigation to determine the existence of 9. Pardon — A form of executive clemency which is exercise
probable cause exclusively by the Chief Executive. Pardon may be given
PUBLIC ATTORNEY'S OFFICE ● it may also conduct inquest proceeding to determine the validity of conditionally (Conditional Pardon) or unconditionally (absolute
the arrest of a person who allegedly committed a crime Pardon). For the purpose of Non- Institutional Correction, it is the
Conditional Pardon with Parole Conditions is under consideration
 10. Amnesty — The act of an authority (as a government) by which detained without the benefit of a warrant of arrest issued by the REPRIEVE - the execution of the sentence is. stayed or postponed. ( People vs.
pardon is granted to a large group of individuals. A sovereign act or court Vera, 65 Phil. 56, 110.Jan 6, 2022
forgetfulness (from Greek Amnestia. "Forgetfulness") granted by the ● Probable Cause - the existence of such facts and circumstances as
government, especially to a group of persons who are guilty of would excite the belief, in a reasonable mind, acting on the facts
(usually political) crimes in the past. It is often conditional upon the within the knowledge of the prosecutor, that the person charged was
group's return to obedience and duty within a prescribed period. guilty of the crime for which he was prosecuted.
○ a general pardon extended to a class of persons or ● Probation - is a disposition under which a defendant, after
community who may be guilty of political offenses. It conviction and sentence, is released subject to conditions imposed
may be exercised even before trial or investigation. It by the court and to the supervision of a probation officer
looks backward and puts into oblivion the crime that ● Probationer - means a person placed on probation.
has been committed. It is proclaimed by the President ● Probation Officer - means one who investigates for the court a
with the concurrence of congress. referral for probation or supervises a probationer or both.
● Pardon is granted to one after conviction, either conditional or
What are the 4 kinds of bail? absolute.
● There are 4 types of Bail in the Philippines: Cash, Property, a Surety ● Amnesty is granted to classes of persons or communities who may
Bond, or a Waiver of Payment on the condition that the accused be guilty of political offenses, generally before or after the institution
appear in court when needed (Recognizance). of the criminal prosecution and sometimes after conviction.
● It is clear in Article VII, Section 19 of the 1987 Constitution that
What is the Constitutional provision regarding Pardon? the President of the Philippines, “except in cases of impeachment or
● SECTION 1. Plenary Power of the President to Grant Executive as otherwise provided in the Constitution, may grant reprieves,
Clemency commutations, pardons, remit fines and forfeitures, after conviction
Article VII, Section 19 of the 1987 Constitution provides by final judgment. He shall also has the power to grant amnesty with
that: the concurrence of a majority of all the Members of the Congress.”
“Section 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final
judgment. Distinction between Pardon and Amnesty
(1) Amnesty covers political offenses, while pardon refers to any
He shall also have the power to grant amnesty with the infraction of peace and order in the State;
concurrence of a majority of all the Members of the (2) Amnesty is generally addressed to a group or a community, while
Congress.” pardon is granted to an individual or a limited number of individuals;
(3) Amnesty is a public act of which the court may take judicial notice,
while pardon is a private act which must be pleaded and proved by
the person pardoned because the courts take no notice thereof;
Seven Penal Institution under the BuCor (4) Amnesty is granted either before or after conviction while pardon is
1. National Bilibid Prison in Muntinlupa given only after conviction;
2. Correctional Institution for Women in Mandaluyong (5) Pardon looks forward and relieves the offender from the
3. Iwahig Prison and Penal Farm in Palawan consequences of an offense of which he has been convicted. It
4. Davao Prison and Penal Farm in Mindanao abolishes or forgives the punishment, and for that reason it does not
5. San Ramon Prison and Penal Farm in Zamboanga work the restoration of the rights to hold public office, or the right of
6. Sablayan Prison and Penal Farm in Mindoro Oriental suffrage unless such rights be expressly restored by the terms of
7. Leyte Regional Farm in Visayas the pardon, and in no case exempts the culprit from the payment of
the civil indemnity imposed upon him by the sentence (Article 36,
Definition of Terms: : Revised Penal Code).
● Arrest - is the taking of a person into custody in order that he may (6) On the other hand, amnesty looks backward and abolishes and puts
be bound to answer for the commission of an offense. RULE 113 into oblivion the offense itself so much so that the person released
Rules of Court Section 1 by amnesty stands before the law precisely as though he had
● Bail - is the security given for the release of a person in custody of committed no offense (Barrioquinto v. Fernandez, 82 Phil. 642).
the law, furnished by him or a bondsman, conditioned upon his
(7) In no case does pardon exempt the culprit from the payment of civil
appearance before any court as required under the conditions
indemnity imposed upon him by the sentence (Article 36, Revised
hereinafter specified. Bail may be given in the form of corporate
Penal Code). Amnesty, likewise, does not extinguish the civil liability
surety, property bond, cash deposit, or recognizance.
(Article 113, Revised Penal Code).
● Preliminary Investigation – is an inquiry to determine whether
there is sufficient ground to engender a well-founded belief that a
Parole - It is the conditional release of a prisoner from correctional institution
crime has been committed and the respondent is probably guilty
after serving the minimum period of prison sentence.
thereof, and should be held for trial.
● Inquest - is a swift process that follows warrantless arrests, aiming
Commutation of Sentence - It is the reduction of the period of a prison
to determine the lawfulness of detention. Inquest is defined as an
sentence.
informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and
 Key-Answers-First-Quiz-Parole-and- ● The application for probation must be filed claiming that the period of probation would
Probation before the court that rendered the decision. make the accused as a free man and as if
— True the penalty is inutile resulting to injustice.
● The first probation law was passed in the ● All persons convicted of a crime with a Was the decision of Judge Dred of imposing
year, 1878, in. — Massachusetts penalty of less than six years are the same period of probation as that of the
● When was the first Federal Probation Act of automatically entitled for probation. — No number of years of imprisonment valid. —
the United States of America was approved. ● Probation Law officially started in what year. Yes
— 1925 — 1978 ● Is Recognizance a kind of bail. — Yes
● The first Probation Law of the Philippines. — ● The first probation law was declared as ● Is define as a writ issued by the Judge
Act 4221 unconstitutional being violative of. — Equal commanding a police officer to take a person
● What is the Probation Law of 1976. — Protection under the custody of the law. — Warrant
Presidential Decree 968 ● A Boston shoe maker who advocated in Arrest
● What is the latest law that amended the behalf of alcoholics and youthful offenders ● The Probation officer must conduct the
Philippines Probation Law. — Republic Act and known as the father of probation. — corresponding post sentence investigation
10707 John Augustus and that the report must be submitted to the
● The related laws in the application of ● He refers to as the father of Probation in court within what period. — 60 days
Probation in the Philippines are. — All of the England. — Matthew Devenport Hill ● Can the Judge denied the application for
above ● The former governor of Massachusetts who probation despite that fact the applicant-
○ (RA 9165; RA 9344; RA 10389) signed the Probation Law. — Alexander petitioner is qualified under the law. — Yes
● Known as the father of the Philippine Rice ● The remedy of the accused after conviction
Probation. — Cong. Teodulo Natividad ● There must be a conviction and service of whose penalty is below 6 years is to file. —
● The word probation is a Latin word for sentence prior to the application of probation. Any of the above
Probare or Probatio which means. — All of — No ○ (Appeal to the next level court; File a
the above ● Those convicted persons whose penalty motion for reconsideration; Avail the
○ (To prove; To test; To Examine) imposed by the court is fine only may avail of benefits Probation)
● The very purpose of probation is for the benefits of probation. — Yes ● What would happen to the execution of the
rehabilitation, reformation and prevent the ● The right of the accused to file an appeal on sentence when the convict filed his or her
commission of another offense. — The the judgment of conviction must be filed application for probation. — The execution
statement is true within the period of how many days. — 15 of sentence is modified
● Probation is, among others, beneficial both to calendar days ● May the Judge who approved the application
the government and convict. — The ● Judge Dred finding the accused guilty of a for Probation impose a condition requiring the
statement is true crime as charge sentenced him of 5 years Probationer to report to the Probation Officer
● Probation is both a right and a privilege. — imprisonment. The accused immediately at least once every two months. — No
Yes submitted his application for probation within ● The minimum requirement of reporting of a
● Is a minor entitled to probation. — Yes the period of perfecting an appeal. The PPA Probationer to the Probation Officer is.? —
● PPA means. — Parole and Probation recommended the accused-petitioner to be Once a month
Administration qualified for probation which was considered ● The Probationer may be required to report at
by Judge Dred but making the probation least twice a month in what kind of
period for the same number of years. The supervision? — Maximum Supervision
victim questioned the decision of Judge Dred
● A Probationer who intentionally failed or ● Probation started in what particular country in ● Before the grant of amnesty, It is a
refused to report to the Probation Officer as the year 1841? — England requirement to the applicant to admit his or
required by condition is called? — ● The primary purpose of probation. — her guilt. — True
Absconding Probationer Welfare of the community ● One who is convicted of a crime with a
● The objectives of Probation Supervision is? ● Political offenders refer to those persons who penalty of one year or less may apply for
— All of the above committed crimes against person — False Parole. — No
○ To ensure the probationer's ● Amnesty is described as looking backward ● Is define as a writ issued by the Judge
compliance on the conditions while pardon is looking forward when it come commanding a police officer to take a person
imposed; — Yes under the custody — Warrant Arrest
○ To manage the process of the ● Amnesty is considered as a general pardon ● Judgment becomes final and executory after
probationer's rehabilitation; as the granting of which is directed to a the lapse of how many days. — 15 days
○ To provide guidance for the certain class or group intended for a certain ● How about those convicted persons whose
probationer's transformation individual only. — True penalty is Reclusion Perpetua, are they
● Once the application for probation was ● Law that created the Board of Indeterminate qualified for Parole. – No
approved by the court, the convict-applicant Sentence. — Act 4103 ● A group of armed men whose intention is to
must report to the probation officer within ● Pardon is granted by the President alone as overthrow the government engaged in a
what time? — 72 Hours provided for by the Constitution. This means gunbattle with the government forces.
that the act which becomes judicial notice. — Undermanned, they surrendered and was
● The Judge upon receipt of the Post Sentence
The statement is false charged for rebellion before the RTC. Prior to
Investigation report submitted by the
● Parole is a french word which means. — the judgment, the President granted amnesty
Probation Officer must resolve or act on such
Honor but was opposed by the Congress claiming
report within what period. — 5 days
● In pardon, the pardonee is still liable for the that amnesty is premature because there is a
● The probation period shall take effect when? payment of civil liability imposed by the court, need of conviction by the rebels. Is the
— Upon issuance of the Order approving both in principle also applies in cases of congress correct. – yes
the probation amnesty. Is this correct. — No ● Amnesty is described as looking backward
● As a condition to probation, the Judge who ● Law that changed Board of Indeterminate while pardon is looking forward when it
granted the probation prohibited the Sentence to Board of Pardons and Parole. — comes to the effect. Is the statement correct?
probationer to absolutely not to engage in Executive Order No. 83 – yes
drinking alcohol or intoxicating beverages. It ● In granting amnesty, the President must ● Sir Walter Crofton introduced a system called
the condition valid? — No issue a proclamation which must be concur as. – Irish System
● Which of the following are the criteria in by the Congress — The Statement is ● Those convicted persons whose penalty
granting probation? — All of the above Correct imposed by the court is fine only may avail of
○ (Character; Mental and physical ● Judgment is considered final and executory the benefits of probation. – yes
condition; Environment) when no appeal has been made after the ● May the Judge who approved the application
● Who is the granting authority in giving lapsed — The Statement is Correct for Probation impose a condition requiring the
probation to qualified petitioners? — Court ● Person deprived of liberty may be entitled for Probationer to report to the Probation Officer
● Minimum period of probation provided for by Parole after serving at least a minimum of at least once every two months. - no
law. — 2 years sentence. — True ● Pardon is granted by the President alone as
● When will you close a probation case? — ● Captain Alexander Moconochie developed provided for by the Constitution. This means
When the termination order was approved the so called Ticket system or also known as that the act of the president is considered as
Mark System — True
 public which becomes judicial notice. – The
statement is false
● Judgment is considered final and executory
when no appeal has been made after the
lapsed of period required by law. – The
statement is correct
● Parole enjoy by the qualified person deprived
of liberty is a form of. – Both privilege and
right
● Law that amended that Board of Pardons
and Parole. – Executive Order 94
● Who approves the application for Parole. –
BPP
●
 PROBATION unconstitutional in the case of People of the Philippines vs. Vera on the grounds function of the Administration pursuant to Sections 66 – 70 of Republic Act 9165,
of “undue delegation of legislative power” and violation of the “equal protection “The Comprehensive Dangerous Drugs Act of 2002” and by virtue of the
Historical Background of Probation of the law” clause. Section 11, the fatal provision of the Act, provided that “This Memorandum of Agreement between the Dangerous Drugs Board and
The concept of probation stems from faith in man’s capacity to Act shall apply only in those provinces in which the respective provincial boards Administration dated 17 August 2005. Likewise, pursuant to Section 57 of
change for the better and in the ultimate good that will redound to society by have provided for the salary of a probation officer….” The Court held that the Republic Act 9165, the Administration was designated as the authorized
rebuilding rather than destroying those who have offended it. The origin of Probation Act did not, by the force of any of its provinces, fix and impose upon representative of the Dangerous Drugs Board under the Voluntary Submission
probation can be traced to English criminal law of the Middle Ages. Harsh the provincial boards any standard or guide in the exercise of their discretionary Program. The Agency was placed in the forefront in relation to crime prevention,
punishments were imposed on adults and children alike for offenses that were power. What was granted was a “roving commission” which enabled the treatment of offenders in the community-based setting, and in the overall
not always of a serious nature. Sentences such as branding, flogging, mutilation, provincial boards to exercise arbitrary discretion. By Section 11 of the Act, the administration of criminal justice by mandating the revitalization of the Volunteer
and execution were common. During the time of King Henry VIII, for instance, no legislature did seemingly on its own authority extend the benefits of the Act to Probation Aide (VPA) Program pursuant to Executive Order 468 dated October
less than 200 crimes were punishable by death, many of which were minor the provinces but in reality left the entire matter for the various provincial boards 11, 2005. Under Republic Act No. 10389, “Recognizance Act of 2012”, the
offenses. to determine for themselves whether the Probation Law should apply to their Administration was directed to monitor and evaluate the activities of the person
Thus, as early as the thirteenth century, efforts were made to provinces or not at all. The applicability and application of the Act was entirely on release on recognizance.
mitigate the harshness of penal laws through more enlightened and rehabilitative placed in the hands of the provincial boards. If a provincial board did not wish to
approaches in the treatment and correction of offenders. These included the have the Act applied in its province, all it had to do was to decline to appropriate Note: Probation came from the Latin verb “probare” – to prove, to
release of accused members of the clergy to ecclesiastical authorities, judicial the needed amount for the salary of a probation officer without even stating the test. A term coined by John Augustus.
reprieve or temporary suspension of sentence or execution, deportation, and reason therefore. The plain language of Section 11 was not susceptible of any
release on recognizance wherein a misdemeanant bound himself before the other interpretation. This was a virtual surrender of legislative power to the Essential Elements of the Probation System under Presidential Decree No.
court to “keep the peace and be on good behavior.” These practices in early provincial boards. 968
English Courts became the forerunners of probation which was later established A second attempt was made when then Congressman Teodulo C. The probation system established in the Philippines has at least
in England and the United States. Natividad and Ramon D. Bagatsing introduced House Bill No. 393 during their three important features that make it different from the systems in other parts of
In the United States particularly in Boston, Massachusetts, John last months in Congress. Passed in the Lower House, this was pending in the the world. First, it is a “single or one-time” affair, meaning that a convicted
Augustus, a cobbler stood bail for a drunkard in 1841.The drunkard, while under Senate when Martial Law was proclaimed in 1972. The agitations for the person can only take advantage of probation once in his lifetime. Secondly, our
Augustus’ supervision was taught the art of shoe making and started to show adoption of an adult probation law continued. In 1973, the technical staff of the probation system is highly selective. Probation is made available only to those
signs of reform. This prompted Augustus to extend the project. In fact he Bacolod City Police Advisory Council, headed by Lt. Col. Arcadio S. Lozada and convicted of certain crimes. Lastly, persons under probation retain their civil
supervised close to 2,000 persons during the following years of his life. In the assisted by US Peace Corps Volunteer Alvin L. Koenig, prepared a proposed rights, like the right to vote, or practice one’s profession, or exercise parental or
course of his dealings with the offenders, he developed several features some of Probation Decree which incorporated pertinent provisions of the Natividad and marital authority.
which, as will be seen later, became standard practice of probation. These Laurel Bills. This was submitted to the Secretary of Justice and the National
features included selectivity of screening, supervision of the activities of the Police Commission after a thorough perusal by a study committee of the PAROLE AND PROBATION ADMINISTRATION
offenders, use of community resources, the provision of a place for the Integrated Bar of the Philippines and subsequent endorsement by its national The Probation Administration was created by virtue of Presidential
offenders’ dependents, submission of progress reports to the court, and the Board of Directors. Late in 1975 the National Police Commission, sitting en banc Decree No. 968, “The Probation Law of 1976”, to administer the probation
maintenance of the record filing system. Augustus’ work was carried on by and headed by Defense Secretary Juan Ponce Enrile who was the concurrent system. Under Executive Order No. 292, “The Administrative Code of 1987”,
Rufus R. Cook, Chaplain of the County Jail and Representative of the Boston Chairman of NAPOLCOM, heard the report “Meeting the Challenge of Crime” of which was promulgated on November 23, 1989, the Probation Administration
Children’s Aid Society and Matthew David XIV of Birmingham, England. The the Philippine delegation to the 5th United Nations Congress held in Geneva, was renamed “Parole and Probation Administration” and given the added
same procedure as developed by Augustus was used. However, investigations Switzerland in September 1975. At that time, the Philippines was among the few function of supervising prisoners who, after serving part of their sentence in jails
were scanty, probation periods short, and plans of treatment and supervision participating countries without an adult probation system. Citing the role of are released on parole or are granted pardon with parole conditions.
were not much in evidence. Probation became firmly established during the probation in an integrated approach to crime prevention, the delegation urged ● Mandate: The Parole and Probation Administration is mandated to
second half of the 19th century when in 1878, the State of Massachusetts priority action on the establishment of the system. This was the turning point that conserve and/or redeem convicted offenders and prisoners who are
started the first paid probation officer for the courts of Criminal Jurisdiction in the led to the passage of the law. The Inter-Disciplinary Committee on Crime under the probation or parole system.
City of Boston. On March 4, 1925, through the efforts of Charles Lionel Chute, Prevention created in 1974 by Secretary Enrile and chaired by Commissioner ● Vision: A model component of the Philippine Correctional System
the First Federal Probation Act of the United States was approved. Teodulo Natividad, then pursued the preparation of the probation decree. that shall enhance the quality of life of its clients through multi-
Eighteen technical hearings were conducted, attended by 60 resource persons, disciplinary programs and resources, an efficient organization, and a
Historical Background of Probation in the Philippines after which the draft decree was presented at the Seminar on the Probation highly professional and committed workforce in order to promote
In the Philippines, provisions for juvenile probation have been System sponsored by the NAPOLCOM, Philippine Constabulary and Integrated social justice and development.
embodied in Article 80 of the Revised Penal Code since its enactment in 1932. National Police, and the University of the Philippines Law Center on April 24, ● Mission: To rehabilitate probationers, parolees and pardonees, and
Thus, sentence was suspended for offenders under 16 years of age accused of 1976. This was studied and overwhelmingly endorsed by 369 participants promote their development as integral persons by utilizing
a grave or less grave felony, who were then placed in the care and custody of representing various sectors of society. A final draft of the decree was innovative interventions and techniques which respect the dignity of
public or private entities. This was amended on December 10, 1974 by subsequently prepared, then reviewed and endorsed to the President of the man and recognize his divine destiny.
Presidential Decree No. 603, known as the Child and Youth Welfare Code, and Philippines by the Minister of Justice, Minister of National Defense, and Chief ● Goals: The Administration’s program sets to achieve the following
by Presidential Decree No. 1179 which set the age of minority to below 18 years Justice of the Supreme Court. Thus, the law was born on July 24, 1976. It was goals: (a) promote the reformation of criminal offenders and reduce
of age at the time of the commission of the offense. Likewise, Republic Act No. during the closing ceremonies of the First National Conference on a Strategy to the incidence of recidivism; and (b) provide a cheaper alternative to
6425 or the Dangerous Drugs Act of 1972 provided for the suspension of Reduce Crime held at Camp Aguinaldo, Quezon City, that President Ferdinand the institutional confinement of first-time offenders who are likely to
sentence and probation of a first-offender under 18 years of age at the time of E. Marcos signed Presidential Decree (P.D.) No. 968, otherwise known as the respond to individualized, community-based treatment programs.
the commission of the offense but not more than 21 years at the time when Probation Law of 1976, in the presence of nearly 800 representatives of the ● Functions: The Agency, through its network of 15 regional and 204
judgment should have been promulgated. The move to integrate adult probation country’s criminal justice system. Under Executive Order No. 292, “The field parole and probation offices performs the following functions: to
in the Philippine criminal justice system began early in the twentieth century Administrative Code of 1987” which was promulgated on November 23, 1989, administer the parole and probation system; to exercise supervision
when the Philippine Legislature approved Act No. 4221 on August 7, 1935. This the Probation Administration was renamed “Parole and Probation over parolees, pardonees and probationers; and to promote the
created a Probation Office under the Department of Justice, and provided Administration” and given the added function of supervising prisoners who, after correction and rehabilitation of criminal offenders.
probation for first offenders 18 years of age and above who were convicted of serving part of their sentence in jails are released on parole pardon with parole
certain crimes. Unfortunately, there were defects in the law’s procedural conditions. Moreover, the investigation and supervision of First Time Minor Drug FAQS ON PROBATION
framework so that, on November 16, 1937, the Supreme Court declared it Offenders (FTMDO) placed under suspended sentence became another added What is Probation?
 ● By probation, a person is convicted of a criminal offense is not sent anytime placed the child on probation in lieu of service of his A. From the excessive costs of detention.
to prison by the sentencing court. Instead, he/she is released and sentence. B. From the high rate of recidivism of detained offenders.
placed under the supervision of a probation officer subject to the 3. Probation protects the victim
conditions which the court may impose. What will happen if the application for probation is denied? A. It provides restitution.
● The offender will be sent by the sentencing court to prison to serve B. It preserves justice.
Is Probation a Right? his sentence. 4. Probation protects the family
● No, it is a mere privilege for adult offenders. However, under RA No.
A. It does not deprive the wife and children of husband
9344 or Juvenile Justice and Welfare Act of 2006, a Child in Conflict May an offender be released from confinement while his application for
and father.
with the Law (CICL) is granted the right to probation as an probation is pending?
alternative to imprisonment if qualified under the Probation Law. ● Yes, the applicant may be released under the bail he filed in the B. It maintains the unity of the home.
criminal case, or under recognizance. 5. Probation helps the offender
Who can apply for probation? A. It maintains his earning power.
● Any first-time convicted offender who is eighteen (18) years old or How many times can one be granted probation? Only once. B. It provides rehabilitation in the community.
above. C. It restores his dignity.
How long is the period of probation? 6. Probation justifies the philosophy of Men
Who cannot be granted probation? (PD No. 968, as amended, and further ● Not more than two (2) years if the sentence of the offender is one A. That life is sacred.
amended by RA No. 10707) (1) year or less; and not more than six (6) years if the sentence is B. That all men deserve a second time.
1. Those sentence to serve a maximum term of imprisonment of more more than one (1) year. C. That an individual can change.
than six (6) years;
2. Those convicted of any crime against the national security What conditions are imposed by the court on an offender who is released Probation Investigation Procedures
3. Those who have been previously convicted by final judgment of an on probation? The PSI gathers information on the petitioner’s personality,
offense punished by imprisonment of more than six (6) months and 1. To report to the probation officer within seventy two (72) hours after character, antecedents, environment and other relevant information, including
one (1) day and/or a fine of more than one (1) day and/or a fine of he receives the order of the court granting probation; community resources which shall be utilized in the rehabilitation of the client.
more than one thousand pesos; 2. To report to his probation officer at least once a month; and The basic tools used in PSI are interviews, records check, psychological
4. Those who have once on probation under the provisions of this 3. Not to commit any other offense while on probation. evaluation and drug tests. All information gathered is written in the PPA Form 3
Decree; and or Post-Sentence Investigation Report (PSIR) submitted to the court for
5. Those who already serving sentence at the time the substantive What will happen if a probationer violates the conditions of probation? disposition.
provisions of this Decree became applicable pursuant to Section 33 ● The court may modify the conditions of probation or revoke the
of hereof. same. If the violation is serious, the court may order the probationer General Inter-Office Referral
6. Those legally disqualified under special penal laws: to serve his prison sentence. The probationer may also be arrested Courtesy Investigation
A. Offenders found guilty of any election offense in and criminally prosecuted if the violation is a criminal offense. - Full Blown Courtesy Investigation (FBCI)
accordance with Section 264 of B.P. Blg. 881 (Omnibus 1. Is a transient offender in a place of commission of the
Election Code); Purpose of Probation crime and/or a permanent resident of another place;
B. Offenders found guilty of violating RA No. 6727 (Wage ● Promote the correction and rehabilitation of an offender by providing 2. Has spent pre-adolescent and/or adolescent life in the
Rationalization Act, as amended); him with individualized treatment; province or city of origin;
C. Offenders found guilty of violating RA No. 9165, The ● Provide an opportunity for the reformation of a penitent offender 3. Has attended and/or finished education therein; and
Comprehensive Dangerous Drugs Act of 2002, except which might be less probable if he were to serve a prison sentence; 4. Have immediate family members and acquaintances
Section 12, 14, 17, and 70. and who are residents of the place of origin.
● Prevent the commission of offenses (Section 2, Presidential Decree - Partial Courtesy Investigation (PCI) – It shall be used for
Will probation be automatically granted to one whose sentence is six (6) No. 968). petitioners who do not fall within the purview of the FBCI and is
years or less? conducted by another PPO.
● No, the applicant may be denied by the court if:
Benefits and Advantages of Probation
1. The offender would be better rehabilitated if he/she is
sent to prison to serve his/her sentence; 1. Probation assists the government
2. There is undue risk that the offender will likely commit A. It reduces the population of prisons and jails.
another crime; B. It cuts enormous expense in maintaining jails.
3. Probation will depreciate the seriousness of the offense C. It reduces recidivism and overcrowding in jails and
committed; prisons.
D. It saves the government a total of Php 2.8 Billion in
Where shall an application for probation be filed? terms of prisoners maintenance in jails and prisons all
● The application shall be filed with the court that tried and sentenced over the country.
the offender. E. It reduces the burden on the police forces and
institutions of feeding and guarding detainees.
When should an application for probation be filed? F. It makes the offenders taxpayers instead of taxeaters.
● Anytime before the offender starts serving his sentence but within G. It lessens the clogging of courts.
fifteen (15) days from the promulgation or notice of the judgment of H. It lightens the load of prosecutors.
conviction. However, under Section 42 of RA No. 9344, the Juvenile I. It adheres to the concept of Restorative Justice. Thus, a
Justice and Welfare Act of 2006, the court may, after it shall have total of Php 137.923 Million has been paid to clients’
sentenced a Child in Conflict with the Law and upon application at victim and/or their heirs.
2. Probation protects society
 THE BOARD OF PARDONS AND PAROLE 4. Those convicted of piracy or mutiny on the high seas or Philippine Within the period prescribed in his Release Document, the prisoner
waters; shall present himself to the Probation and Parole Officer specified in the Release
The Board of Pardons and Parole is the administrative arm of the 5. Those who are habitual delinquents, i.e. those who, within a period Document for supervision. The Probation and Parole Officer concerned shall
President of the Philippines in the exercise of his constitutional power to grant, of ten (10) years from the date of release from prison or last inform the Board thru the Technical Service, Parole and Probation
except in cases of impeachment, reprieves, commutations and pardons, after conviction of the crimes of serious or less serious physical injuries, Administration the date the client reported for supervision not later than fifteen
conviction by final judgment (Section 19, Article VII of the 1987 Philippine robbery, theft, estafa and falsification, are found guilty of any said (15) working days there from.
Constitution). crimes a third time or oftener;
● Act 4103 – created the Board of Indeterminate Sentence 6. Those who escaped from confinement or evaded sentence; What is the rule when the parolee fails to report to the probation and
● Executive Order No. 83 – in 1937 changed the name of Board of 7. Those who having been granted Conditional Pardon by the parole officer as mandated?
Indeterminate Sentence to Board of Pardons President shall have violated any of the terms thereof; If within forty five (45) days from the date of release from prison or
● Executive Order No. 94 – in 1947 renamed it to Board of Pardons 8. Those whose maximum term of imprisonment does not exceed one jail, the parolee / pardonee concerned still fails to report, the Probation and
and Parole (1) year or those with definite sentence; Parole Officer shall inform the Board of such failure, for appropriate action.
9. Those convicted of offenses punished with reclusion perpetua, or
Petitions for Parole should be addressed to whom? whose sentences were reduced to reclusion perpetua by reason of What is the rule on modifications/revisions of the terms and conditions of
Petitions for Parole should be addressed to the Chairman or to the Republic Act No. 9346 enacted on June 24, 2006, amending RA No. parole?
Executive Director of the Board. However, the Board may, motu proprio, 7569 dated January 1, 2004; and ● The Board may, upon recommendation of the Probation and Parole
consider cases for parole, commutation of sentence or conditional pardon of Officer, revise or modify the terms and conditions appearing in the
10. Those convicted for violation of the laws on terrorism, plunder and
deserving prisoners whenever the interest of justice will be served thereby. Release Document.
transnational crimes.
Responsibilities of Board of Pardons and Parole What is the rule on transfer of residence of the client?
Difference between Parole and Probation
1. Look into the physical, mental and moral records of prisoners who ● A client may not transfer from the place of residence designated in
1. Parole is different from probation in that the parole is administrative
are eligible for parole or any form of executive clemency and his Release Document without the prior written approval of the
function of the executive branch of the government, while the
determines the proper time of release of such prisoners on parole; Regional Director subject to the confirmation by the Board.
probation is a judicial function.
2. Assists in the full rehabilitation of individuals on parole or those 2. In Parole, the offender serves part of the sentence in prison before
under conditional pardon with parole conditions, by way of parole What is the rule on outside travel of a client?
he is released, while in Probation, the convicted offender does not
supervision; and ● A Chief Probation and Parole Officer may authorize a client to travel
need to go to prison at all.
3. Recommends to the President of the Philippines the grant of any outside his area of operational jurisdiction for a period of not more
3. Parole is an extension of institutional treatment while Probation is a
form of executive clemency to prisoners other than those entitled to than thirty (30) days. A travel of more than 30 days shall be
substitute for imprisonment.
parole. approved by the Regional Director.
4. Parole is granted by the Board, while Probation is granted by the
judge.
Eligibility for Review of a Parole Case What is the rule on travel or work abroad by the client?
An inmate’s case may be eligible for review by the board provided: ● Any parolee or pardonee under active supervision/surveillance who
Similarity of Parole and Probation:Both releases are conditional and subject
1. Inmate is serving an indeterminate sentence the maximum period of has no pending criminal case in any court may apply for overseas
to supervision of a parole or probation officer.
which exceeds one (1) year; work or travel abroad. However, such application for travel abroad
2. Inmate has served the minimum period of the indeterminate shall be approved by the Administrator and confirmed by the Board.
Parole and Indeterminate Sentence Law
sentence; Indeterminate sentence is closely connected with parole. An
3. Inmate’s conviction is final and executory; What is the rule on death of a client?
indeterminate sentence is one with minimum and maximum periods of
● In case the inmate has one or more co-accused who ● If a client dies during supervision, the Probation and Parole Officer
imprisonment. The prisoner is not eligible for parole consideration until he has
had been convicted, the director/warden concerned shall immediately transmit a certified true copy of the client’s death
served his minimum sentence. Ideally, the gap between the minimum and
shall forward their prison records and carpetas/jackets certificate to the Board recommending the closing of the case.
maximum sentence should be wide in order that the process of rehabilitation in
at the same time. However, in the absence of a death certificate, an affidavit narrating
prison may be continued long enough to make certain its effects..
4. Inmate has no pending criminal case; and the circumstances of the fact of death of the barangay chairman or
5. Inmate is serving sentence in the national penitentiary, unless the any authorized officer or any immediate relative where the client
Until when is the period of parole supervision?
confinement of said inmate in a municipal, city, district or provincial resided, shall suffice.
The period of parole supervision shall extend up to the expiration of
jail is justified. the maximum sentence which should appear in the Release Document, subject
to the provisions of Section 6 of Act No. 4103 with respect to the early grant of
Parole will be granted whenever the Board of Pardons and Parole Final Release and Discharge.
finds that there is a reasonable probability that if release, the prisoner will be
law-abiding and that his release will not be incompatible with the interest and What are the contents of the Release Documents of a parolee?
welfare of society. ● The form of the Release Document shall be prescribed by the Board
and shall contain:
Disqualification for Parole 1. the latest 1”x1” photograph, and
Pursuant to Section 2 of Act No. 4103, as amended, otherwise 2. right thumbprint of the prisoner
known as the “Indeterminate Sentence Law”, parole shall not be granted to the
following inmates: What is the rule on transmittal of Release Document?
1. Those convicted of an offense punished with Death penalty or Life The Board shall send a copy of the Release Document to the
imprisonment; prisoner named therein through the Director of Corrections or Warden of the Jail
2. Those convicted of treason, conspiracy or proposal to commit where he is confined who shall send a certification of the actual date of release
treason or espionage; of prisoner to the Probation and Parole Officer.
3. Those convicted of misprision of treason, rebellion, sedition or coup
d’état; What is the rule on initial report?
 ● to uplift and redeem valuable human material and prevent
For SPECIAL LAWS, it is anything within the inclusive range of the prescribed unnecessary and excessive deprivation of liberty and economic
Parole Executive Clemency penalty. Courts are given discretion in the imposition of the indeterminate usefulness
penalty. The aggravating and mitigating circumstances are not considered
Granted by the Board of Pardons unless the special law adopts the same terminology for penalties as those used ● It is necessary to consider the criminal first as an individual, and
Granted by the President in the RPC (such as reclusión perpetua and the like). second as a member of the society.
and Parole
RELEASE OF THE PRISONER ON PAROLE ● The law is intended to favor the defendant, particularly to shorten
Basis is Act 4103, The his term of imprisonment, depending upon his behavior and his
Basis is the 1987 Constitution
Indeterminate Sentence Law The Board of Pardons and Parole may authorize the release of a prisoner on physical, mental and moral record as a prisoner, to be determined
parole, after he shall have served the minimum penalty imposed on him, by the Board of Indeterminate Sentence.
Granted after certain conditions have provided that:
Granted after service of minimum
been complied with depending upon 1. Such prisoner is fitted by his training for release, ● The settled practice is to give the accused the benefit of the law
sentence
the specific executive clemency given 2. There is reasonable probability that he will live and remain at liberty even in crimes punishable with death or life imprisonment provided
without violating the law, the resulting penalty, after considering the attending circumstances
3. Such release will not be incompatible with the welfare of society. is reclusion temporal or less.
Distinguished Parole from Executive Clemency
ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If the accused was granted parole and violated some conditions of the
parole, What will happen?
If during the period of surveillance such paroled prisoner shall:
(a) show himself to be a law abiding citizen and, A warrant of arrest will be issued by the court and the accused will be made to
(b) shall not violate any law, the Board may issue a final certification in serve the rest of the remaining or unexpired portion of his sentence. (But in
Pardon Parole his favor, for his final release and discharge. probation you go back to number 1, serving of sentence will be from the
beginning)
Granted by the President Granted by the Board of Pardons SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE
and Parole 1. For Commutation of Sentence, the inmate should have served:
Granted with or without Always subject to a condition When the paroled prisoner shall violate any of the conditions of his parole:
conditions (a) the Board may issue an order for his arrest, and thereafter,
No condition is required before There are conditions such as: (b) the prisoner shall serve the remaining unexpired portion of the 1. Prisoners must have served at least 1/3 of the definite or aggregate
one may be given parole parolee reports regularly to parole maximum sentence for which he was originally committed to prison. prison terms;
officer; his residence may be 2. Prisoner must serve at least ½ of the minimum of the indeterminate
controlled; He shall not violate any REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE prison term or aggregate minimum of the indeterminate prison
laws of the Philippines INDETERMINATE SENTENCE terms;
3. At least 13 years for inmates whose indeterminate were adjusted to
Pardon Distinguish from Parole The minimum and maximum terms in the Indeterminate Sentence must be fixed, a prison term of 40 years under Article 70, RPC;
because they are the basis for the following: 4. At least 15 years for inmates convicted of heinous crimes under RA
7659 or other special laws, committed on or before January 1, 1994
1. Whenever a prisoner has: and sentenced to one reclusion perpetua or one life imprisonment;
(a) served the MINIMUM penalty imposed on him, and 5. At least 18 years for inmates convicted of reclusion perpetua or life
(b) is fit for release of the prisoner on parole, upon terms under RA 6425 and RA 9165;
INDETERMINATE SENTENCE LAW (ISLAW) and conditions prescribed by the Board. 6. At least 18 years for those convicted of kidnapping for ransom,
terrorism, plunder and transnational crimes;
2. But when the paroled prisoner violates any of the conditions of his 7. 20 years for inmates sentenced to two or more reclusion perpetua
IF THE PENALTY IS IMPOSED BY THE RPC: parole during the period of surveillance, he may be rearrested to or life imprisonment;
1. The Maximum Term – is that which could be properly imposed serve the remaining unexpired portion of the MAXIMUM sentence. 8. 25 years for death convicts but whose sentence were commuted to
under the RPC, considering the aggravating and mitigating reclusion perpetua/life imprisonment;
circumstances. 3. Even if a prisoner has already served the MINIMUM, but he is not 9. At least ten (10) years for inmates sentenced to one (1) reclusion
2. The Minimum Term – is within the range of the penalty one degree fitted for release on the parole, he shall continue to serve until the perpetua or one (1) life imprisonment for crimes/offenses not
lower than that prescribed by the RPC, without considering the end of the MAXIMUM term. punished under RA No. 7659 and other special laws (Resolution No.
circumstances. 24-4-10, BPP).

BUT when there is a privileged mitigating circumstance, so that the penalty has Why is Indeterminate Sentence LAW mandatory?
to be lowered by one degree, the STARTING POINT for determining the 2. For Conditional Pardon, an inmate should have served at least one-half (1/2)
minimum term of the indeterminate penalty is the penalty next lower than that In the application of the Indeterminate Sentence Law the judge will get the of the maximum of the original indeterminate and/or definite prison term.
prescribed by the Code for the offense. maximum penalty and likewise the minimum penalty. If the accused was already
able to serve the minimum term of his indeterminate sentence and upon the 3. For Absolute Pardon, after he has served his maximum sentence or granted
IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW approval of the Board, the accused now becomes eligible for parole. ISLAW is final release and discharge or court termination of probation. However, the
1. The Maximum Term – must not exceed the maximum term fixed by favorable to the accused. Board may consider a petition for absolute pardon even before the grant of final
said law. release and discharge under the provision of Section 6 of Act No. 4103, as
2. The Minimum Term – must not be less than the minimum term Purpose of the law: amended, as when the petitioner:
prescribed by the same.
Is seeking an appointive/elective public position or reinstatement in the ● When was the first Federal Probation Act of the United States of ● Can the Judge denied the application for probation despite that fact
government service; America was approved.-1925 the applicant-petitioner is qualified under the law.- Yes
Needs medical treatment abroad which is not available locally; ● Who is the granting authority in giving probation to qualified ● Judge Dred finding the accused guilty of a crime as charge
Will take any government examination; or petitioners? -Court sentenced him of 5 years imprisonment- Ye
Is emigrating ● A Boston shoe maker who advocated in behalf of alcoholics and ● All persons convicted of a crime with a penalty of less than six years
youthful offendes and known as the father of probation-John are automatically entitled for probation.-No
Augustus ● Capttain Alexander Moconochie developed the so called Ticket
● The Judge upon receipt of the PSI report submitted by the Probation system or also known as Mark System.- True
Officer must resolve or act on such report within what period. - 5 ● This refers to as the temporary stay of the execution of a sentence.-
days Reprieve
● In pardon, the pardonee is still liable for the payment of civil liability ● Known as the father of the Philippine Probation.- Cong. Teodulo
imposed by the court, both in absolute and conditional pardon. This Natividad
principle also applies in cases of amnesty. Is this correct. - No ● Unit within the probation office charged with the task of selecting
● Probation started in what particular country in the year 1841?- defendants ofqualified for probation.- Supervision Division
England ● In the application of the mitigating circumstances for a crime of
● By reason of the exceptional good behavior of a person deprived of piracy, the penalty imposed against the offender was reduced to
liberty and after serving minimum service of sentence, he was three years.- No
granted absolute parole by the Board. Is such decision valid? - Yes ● Law that changed Board of Indeterminate Sentence to Board of
● Pardon is the function of what branch of the Government - ● Chief Justice Crown of our Supreme Court was removed by Pardons and Parole-Executive Order 83
Executive impeachment as he admitted having been disloyal to the Country. ● The Law creating Board of Pardons and Parole.-Act No. 4103
● Law that amended that Board of Pardons and Parole - Executive Due to his remorse, the President, who is his college friend was so ● PPA means- Parole and Probation Administration
Order 94 pitiful to him.-A and C ● Parole is the function of what branch of the Government.- executive
● The first probation law was declared as unconstitutional being ● It is a clemency by the President of the Republic of the Philippin ● Amnesty is considered as a general pardon as the granting of which
violative of.- Equal Protection granted to prisoners who is qualified only after serving the minimum is directed to a certain class or group-True
● Which of the following are the criteria in granting probation? - all of his or her sentence. - Parole ● Executive clemency includes Pardon, Parole, Commutation,
● Is Indeterminate Sentence Board and Board of Pardons and Parole ● The first probation law was passed in the year, 1878, in. - England Amnesty and Probation-The statement is false
the same. - Yes ● Sir Walter Crofton introduced a system called as. - Irish ● The former governor of Massachusetts who signed the Probation
● Political offenders refer to those persons who committed crimes ● Probation is categorized as absolute probation or conditional Law.-Alexander Rice
against person.False probation.- The statement is false ● Person deprived of liberty may be entitled for Parole after serving at
● Which of the following that needs the concurrence of the congress- ● A prisoner who is sentenced to a reclusion perpetua may be entitled least minimum of sentence.-True
None of the above to a commutation of sentence.-Yes ● What is the Probation Law of 1976-Presidential Decree 968
● A group of armed men whose intention is to overthrow the ● The purpose of ISLAW is to.-All of the above ● ISLAW is applicable both in violation of Revised Penal Code (RPC)
government engaged in a gunbattle with the government forces. ● Is Recognizance a kind of bail.-Yes and Special Law (SPL).-Yes
Undermanned, they surrendered and was charged for rebellion ● Once the application for probation was approved by the court, the ● A, a person of good repute and known in the communty as
before the RTC. -Yes convict-applicant must report to the probation officer within what Philantrophist, was charged of a crime of Acts of Lasciviouness and
● The minimum requirement of reporting of a Probationer to the time?-72 Hours was sentence to imprisonment of 364 days- no
Probation Officer is.? - Once a month ● Who approves the application for Parole.-BPP ● Mr. Mahinahon … - No
● Who recommends to the office of the President for the grant of ● Before the grant of amnesty, It is a requirement to the applicant to ● The first Probation Law of the Philippines. - 4221
Parole - BPP admit his or her guilt.- True ● The objectives of Probation Supervision is? - All
● Mr. Do Thirty was convicted of a capital offense by the Regional ● May Executive Clemency be favorably granted by the President to a ● Is a minor entitled to probation. - yes
Trial Court of Davao City despite the weakness of evidence. Feeling foreigner.-No ● The application for probation must be filed before the court tha …
aggrieved, he appealed to the Court of Appeals within fifteen days. - ● The Probation officer must conduct the corresponding post rendered the decision. - True
Yes sentence investigation and that the report must be submitted to the ● The Probationer may be required to report at least twice a mor ..
● Application of ISLAW is the function of what branch of the court within what period-60 days what kind of supervision? - Maximum
govenrment. - Legislative ● Parole is a french word which means.-Honor ● The very purpose of probation is for rehabilitation, reformation
● A petition for Parole is addressed to the Chairman of what office. - ● Amnesty is described as looking backward while pardon is looking prevent the commission of another offense. - The statement is true
BPP forward when it comes to the effect. Is the statement correct.-Yes ● Governor Islaw committed a gross misconduct during the term of his
● Judgment becomes final and executory after the lapse of how many ● The probation period shall take effect when?-Upon receipt of the office and he was suspended for two years pending the
days.-15 Order approving the probation investigation of the case by the Ombudsman. Is ISLAW applicable. -
● A kind of clemency that reduces the penalty imposed by the court ● Judgment is considered final and executory when no appeal has Yes
granted by the President of the Republic of the Philippines. It will been made after the lapsed of period required by law.-The ● Law that created the Board of Indeterminate Sentence. - 4103
change the original fixed sentence to a lesser indeterminate statement is correct ● Parole enjoy by the qualified person deprived of liberty is a form of. -
sentence, which, will then enable the beneficiary to be released on ● A Probationer who intentionally failed or refused to report to the Both
parole. -Commutation Probation Officer as required by condition is called?-Absconding ● Minimum period of probation provided for by law - 2
● Probation is the function of what branch of the Government.- Probationer ● The word probation is a Latin word for Probare or Probatio which
Judiciary ● In granting amnesty, the President must issue a proclamation which means. - All
● In Parole, person deprived of liberty is qualified only after serving a must be concur by the Congress -The statement is correct ● Those convicted persons whose penalty imposed by the court is fine
minimum period of the sentence. Is this likewise true in Probation?- ● Probation is a form of executive clemency-No only but with subsidiary imprisonment in case of insolvency may
Yes ● Violation of gun ban law being implemented by the COMELEC in avail of the benefits of probation. - Yes
● What would happen to the execution of the sentence when the coordination with the PNP may be the subject of pardon by the ● One who is convicted of a crime with a penalty of one year or less
convict filed his or her application for probation.-The execution of President.-No, violation of COMELEC is not subject to pardon may apply for Parole. - no
sentence is terminated
● Is define as a writ issued by the Judge commanding a police officer
to take a person under the custody of the law. - Warrant Arrest
● As a condition to probation, the Judge who granted the probation
prohibits the probationer to absolutely not to engage in drinking
alcohol or intoxicating beverages. It the condition valid? - No
● The related laws in the application of Probation in the Philippines
are. - All
● There must be a conviction and service of sentence prior to the
application of probation. - No
● Probation Law officially started in what year. - 1978
● Probation is a privilege to both adults and juvenile offenders. - Yes
● A was charged before a competent court and convicted of a crime
for assisting a group of armed men fighting against the government.
After serving minimum of his sentence, he was recommended by
the Board for Parole. Is he entitled. - Yes
● A person deprived of liberty who is serving sentence with indivisible
penalty be qualified for Parole. - Yes
● The former governor of Massachusetts who signed the Probation
Law. - Rice
● In 1932, Mr. Hugas committed a crime and was convicted three
years thereafter. He was sentence to serve imprisonment for one
year and six months after the judge considered the presence of
mitigating and aggravating circumstances. Is the judge correct. -
Yes
● Pardon is granted by the President alone as provided for by the
Constitution. This means that the act of the president is considered
as public which becomes judicial notice. - False
● If a parolee or pardonee failed to report to the Probation and Parole
Officer within 45 days after the date of release, the Board shall. -
Investigate for appropriate action
● The parolee or pardonee may transfer his or her residence anytime
provided there is a notification to the Probation and Parole Officer,
without need of the approval of the Board. - No
● He refers to as the father of Probation in England - Hill
● How about those convicted persons whose penalty is Reclucion
Perpetua, are they qualified for Parole. - No
● When will you close a probation case? - approved
● May the Judge who approved the application for Probation impos a
condition requiring the Probationer to report to the Probation Officer
at least once every two months. - No
● Which of the following is not considered as an Executive Clemency?
- commutation
● The period of parole supervision shall extend up the what period. -
up to the ex ..
● Probation is, among others, beneficial both to the government and
convict. - True