4th recitation Flashcards
Probation is a matter of __________.
privilege
If probation is denied by the court after considering all information relative to his characteristics, antecedents, environment, mental and physical condition, he cannot ________ the resolution of the court.
appeal
Said resolution cannot be appealed because it is only an ____________ order.
interlocutory
A probation order shall take effect ___________.
upon its issuance
The period of probation of a defendant sentenced to a term of imprisonment of _______________ shall not exceed two years
not more than one year
In all other cases (more than one year but not more than six years), said period shall not exceed ___________.
six years
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall _______________________________________________________ as computed at the rate established, in Article 39 of the Revised Penal Code.
not be less than nor to be more than twice the total number of days of subsidiary imprisonment
The ______________ and the ___________________ of a probationer obtained under PD 968 shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned.
Investigation Report (IR), supervision history
The penalty of imprisonment ranging from ___________________ and a fine ranging from _________________________ shall be imposed upon any person who violates the confidential nature of probation records.
six months and one day to six years, hundred to six thousand pesos
At any time during probation, the court may issue a ______________ of a probationer for violation of any of the conditions of probation.
warrant for the arrest
The probationer, once arrested and detained, shall immediately be brought before the court for a _________, which may be _______ and _________, of the violation charged.
hearing, informal, summary
The defendant may be admitted to ______ pending such hearing.
bail
An order revoking the grant of probation or modifying the terms and conditions thereof shall not be __________.
appealable
The grant or denial of probation is not appealable because it is only an _________________.
interlocutory order
An _____________ is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause (Black, 1990).
interlocutory order
The remedy against a grant or denial of an interlocutory order is __________________ or __________________, but not appeal (Agranzamendez, 2008).
motion for reconsideration, petition for review on certiorari
During the period of probation, the court may ___________ or, __________________ of either the probationer, his lawyer or the probation officer, revise or modify the conditions or period of probation.
motu proprio, upon application
It means “at its own instance/initiative.”
Motu Proprio
A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of _________________ but _________________.
more than ten (10) days, not exceeding thirty (30) days
A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the Probation Office shall file _____________ before the intended travel schedule a _________________ (PPA Form 7) with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO.
at least five (5) days, Request for Outside Travel
If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the ______ and submitted to the ____________ for approval
CPPO, Trial Court
Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months shall be considered as a ___________________.
courtesy supervision
A Probationer may file a __________________ (PPA Form 24) with the City or Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be submitted by the Supervising Probation Office for the approval of the Trial Court.
Request for Change of Residence
In the event of such approval, the supervision and control over the probationer shall be transferred to the concerned ____________ of the RTC, having jurisdiction and control over said probationer, and under the supervision of the City or Provincial Parole and Probation Office in the place to which he transferred.
Executive Judge
In the hearing or proceeding for violation of probation conditions, the probationer shall have the _______________ of his own choice.
right to counsel
It is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.
Parole and Probation Administration (PPA)
When Act No. 4221 (Probation Law) of the Philippine Legislature on August 7, 1935, the ________________ under the Department of Justice was created.
“Probation Office”
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the President Ferdinand Marcos of the Philippines and it created the _______________________ to administer the probation system.
“Probation Administration”
Under ________________, also known as _________________________ which was promulgated on November 23, 1989, the Probation Administration was renamed “Parole and Probation Administration.”
Executive Order No. 292, “The Administrative Code of 1987”
It is an act amending Presidential Decree No. 968, otherwise known as the “Probation Law of 1976,” as amended.
Republic Act No. 10707
