CHAPTER 1 & 2 Flashcards
-In the criminology parlance, understood as the fourth pillar of criminal justice system which is charged with reforming and rehabilitating offenders.
CORRECTION
-It is known by majority of the authors in the field of criminology as the weakest pillar of criminal justice system because of its failure to reform and rehabilitate offenders.
CORRECTION
In the criminology course, there are subjects known as institutional correction and non – institutional correction to deal with said modes of reforming and rehabilitating offenders. This was by virtue of __________
Commission on Higher Education (CHED) Memorandum Order No. 21 Series of 2005
The act of reforming offenders by means of institutions is known as
CORRECTIONAL INSTITUTIONS
the act of reforming offenders by other means outside institutions is known as
NON- INSTITUTIONAL CORRECTIONS (a.k.a “COMMUNITY BASED TREATMENT PROGRAM or COMMUNITY BASED TREATMENT CORRECTION).
In the abolition of death penalty, ____________.
Non – Institutional Correction was strengthened
Death penalty was once imposed in our country but it was further abolished by virtue of
RA NO. 9346
What are the significant personalities, events, and places in relation to probation in the international setting?
A. LAWS OF BABYLON, GREECE, AND ROME;
B. EARLY 19TH CENTURY IN ENGLAND:
C. MATHEW DAVENPORT HILL;
D. JOHN AUGUSTUS;
E. GARDNER TUFTS;
F. MASSACHUSETTS;
-principle of the “Eye for an Eye and the Tooth For a Tooth”
LEX TALIONIS/ LEX TALIONES
-At the root of this principle is that one of the purposes of the law is to provide equitable retribution for an offended party so a person who has injured another person receives the same injury in compensation.
LEX TALIONIS/ LEX TALIONES
-The exact Latin translation of Lex Talionis to English, however, is
“THE LAW OF RETALIATION/ LAW OF REVENGE/ LAW OF VENGEANCE.”
-At the root of this principle is that one of the purposes of the law is to provide equitable retribution for an offended party so a person who has injured another person receives the same injury in compensation.
LEX TALIONIS/ LEX TALIONES
is, however, based in the policy of proportionately.
LEX TALIONIS/ LEX TALIONES
-These laws also vested balance of justice by introducing money compensation to the victim.
LEX TALIONIS/ LEX TALIONES
- In other words, the severity of the penalty of the offender depends upon the severity of the crime that he committed.
LEX TALIONIS/ LEX TALIONES
initiated experiments to determine the possibility of reformation of some young and inexperienced offenders from the stigma of prison.
ENGLISH MAGISTRATES
ENGLISH MAGISTRATES initiated experiments to determine the possibility of reformation of some young and inexperienced offenders from the stigma of prison.
EARLY 19TH CENTURY IN ENGLAND:
Youthful offenders would be brought back for sentence if the condition of release would be violated.
EARLY 19TH CENTURY IN ENGLAND:
The need for supervision and assistance to those released was met by assigning the youthful offender to the care and guardianship of his parents or his employer with an occasional check on his progress by the police.
EARLY 19TH CENTURY IN ENGLAND:
- is considered the “Father of probation in England”
MATHEW DAVENPORT HILL;
– It is where probation was originated through youthful offenders
ENGLAND
-It was in the early years of 1481 when he made observations in Birmingham Court, he introduced the following beliefs in relation to offenders:
MATHEW DAVENPORT HILL;
MATHEW DAVENPORT HILL;
-was in the early years of ____ when he made observations in Birmingham Court, he introduced the following beliefs in relation to offenders:
- Individuals are not fully corrupt
- There is reasonable hope of reformation of offenders
- If adults were given the chance as guardians of young convicts, they will be kind enough to take charge of the latter
1481
MATHEW DAVENPORT HILL;
-was in the early years of 1481 when he made observations in Birmingham Court, he introduced the following beliefs in relation to offenders:
- Individuals are not fully corrupt
- There is reasonable hope of reformation of offenders
- If adults were given the chance as guardians of young convicts, they will be kind enough to take charge of the latter
-was considered as the “First Official Probation Officer.”
JOHN AUGUSTUS;
-He was also known later as the “Father of Probation in the USA” but others say that he is the “World’s Father of Probation.”
JOHN AUGUSTUS;
-This is because of his pioneering efforts to campaign for more lenient sentences for convicted criminals based on their backgrounds.
JOHN AUGUSTUS;
-his efforts are credited with the establishment of the PRE – SENTENCE INVESTIGATION.
JOHN AUGUSTUS;
-He became prosperous and acquired large track of land which he conveyed to Lexington Academy to erect a school. Later on, he became a trustee in that academy.
JOHN AUGUSTUS;
-Some also say that he is the “First Recognized Probation Officer in the United States.”
JOHN AUGUSTUS;
was born in 1785 at Burlington Massachusetts and moved to Lexington Green where he became a boot maker.
JOHN AUGUSTUS;
-He began to visit courthouse due to his active membership with the Washington Total Abstinence Society.
JOHN AUGUSTUS;
-This society was formed in Boston in 1841 to promote temperance and to reclaim drunkards.
Washington Total Abstinence Society
-He was concerned that poor drunks and offenders of petty crimes were receiving mandatory sentences that were not warranted by their backgrounds.
JOHN AUGUSTUS;
-This was because during that time, courts had been giving out sentences regardless of background of the defendant.
JOHN AUGUSTUS;
-He felt that first time offenders could best be rehabilitated if spared the crime hardening experience of a prison sentence.
JOHN AUGUSTUS;
-In 1841, he approached the Boston, Massachusetts police and court and persuaded them to let a “common drunkard” be left in his care instead of going to prison
JOHN AUGUSTUS;
-After three weeks of being in his care, in which he found him a job and made him sign a pledge to stop drinking, the offender and he returned to astonish the court.
JOHN AUGUSTUS;
-The offender was completely sober, and his appearance and demeanor had drastically improved. Because of this, the court allowed him to take more and more offenders into his custody.
JOHN AUGUSTUS;
-His practice assumed that most offenders are not dangerous and will respond well to treatment.
JOHN AUGUSTUS;
-Of course, he didn’t try to take all the cases, he would select prospective probationers based on age, character and the people places and things apt to influence them to make his decision.
JOHN AUGUSTUS;
-His practice assumed that most offenders are not dangerous and will respond well to treatment.
JOHN AUGUSTUS;
-In 1843, he turned his attention toward helping children. He took three children into his care, all accused of stealing.
JOHN AUGUSTUS;
his success rate could rival and possibly surpass the success rate of any rehabilitation program available to today.
John Augustus
-His work brought him the devotion and aid of many Boston philanthropists and organizations.
John Augustus
success started him on an 18 year run as the first probation officer ever.
John Augustus
-At his death, it was noted that of the 2,000 people he helped only four proved unworthy (for which he forfeited bail).
John Augustus
-In 1878, Massachusetts authorized the Mayor of Boston to hire a probation officer based upon the work of him
John Augustus
-Two years later, every city in ______ was using a probation officer and by 1890, every court in the state had one.
Massachusetts
who coined the word “probation”
John Augustus
the word “probation” which he derived from the Latin word ________ which means ______
“probare” means “to prove or to test.”
-In the year, Massachusetts authorized the Mayor of Boston to hire a probation officer based upon the work of John Augustus.
1878
-At the death of Augustus, it was noted that of the ______ people he helped only four proved unworthy (for which he forfeited bail).
2,000
-In ____ , Augustus moved to Boston and set up a boot shop at Franklin Avenue near the Courthouse.
1827
-John Augustus was born in _______ and moved to Lexington Green where he became a boot maker.
1785 at Burlington Massachusetts
-John Augustus was born in 1785 at Burlington Massachusetts and moved to ________ where he became a boot maker.
Lexington Green
-was a director of the Massachusetts Board of State Charities.
GARDNER TUFTS;
-He reported the result of probation in cases of juvenile offenders to the legislature so the latter authorized the city of Boston to appoint probation officer for adult offenders.
GARDNER TUFTS;
The first practical probation was demonstrated here
MASSACHUSETTS;
The first use of the term probation as a court service and the first law on probation was enacted here
MASSACHUSETTS;
It became the First State to enact a probation law on April 21,1878 under the administration of Governor Alexander H. Rice.
MASSACHUSETTS;
-Said governor appointed and prescribed duties for paid probation officers.
-This probation was only applied to Minors
MASSACHUSETTS;
MASSACHUSETTS became the First State to enact a probation law on _____ under the administration of Governor Alexander H. Rice.
April 21,1878
MASSACHUSETTS became the First State to enact a probation law on April 21,1878 under the administration of ______
Governor Alexander H. Rice
-was the second State to enact a general probation law.
VERMONT;
-Said law was known as The Vermont Act of 1898.
VERMONT;
was the first to adopt a COUNTY PLAN (not country), where each county court was required to appoint a probation officer whose duty was to investigate the accused at the request of any court.
VERMONT;
-He was authorized to recommend that such persons, if convicted be placed on probation.
VERMONT;
-Probation was granted only after the suspension of execution of sentence.
VERMONT;
-was the third State to have a general type of probation law and it was known as THE ACT OF 1899.
RHODE ISLAND;
empowered the Board of State Charities and corrections to appoint a State probation officer and additional probation officers; one of whom shall be a woman.
Act of 1899
-Probation was granted before the imposition of sentence and even without conviction.
RHODE ISLAND;
-It was the first State to adopt the designation “COUNSELLOR” rather than “OFFICER”.
RHODE ISLAND;
RHODE ISLAND;
-was the third State to have a general type of probation law and it was known as
THE ACT OF 1899.
VERMONT;
-Said law was known as ___
The Vermont Act of 1898.
-In 1899, the State of _____ enacted laws giving probation to juvenile delinquents only.
MINNESOTA AND ILLINOIS;
-was the fourth State to pass a general probation law in 1900.
NEW JERSEY
NEW JERSEY;
-was the fourth State to pass a general probation law in ____
1900
-In ____, the State of Minnesota and Illinois enacted laws giving probation to juvenile delinquents only.
1899
-enacted its probation law, making it fifth to have a general probation law.
NEW YORK;
-was the six States to establish its general probation law in 1903.
CALIFORNIA;
CALIFORNIA;
-was the six States to establish its general probation law in ____
1903.
Two other States which followed the California were ________
Connecticut and Michigan.
-was a Boston police captain who became America’s first paid probation officer in 1878.
EDWARD SAVAGE;
EDWARD SAVAGE;
-was a Boston police captain who became America’s first paid probation officer in ___
1878.
What are the significant personalities, events, and places in relation to probation in the Philippine setting?
a. ACT 4221;
b. PD 968;
-Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the enactment of _____ of the Philippine Legislature on August 7, 1935.
ACT 4221;
-Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the enactment of Act No. 4221 of the Philippine Legislature on _____
August 7, 1935.
-Probation was first introduced in the Philippines during the _____ colonial period (1898–1945) with the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935.
American
This law created a Probation Office under the _____ and provided probation for first time offenders who were 18 years of age and above who were convicted of certain crimes.
DEPARTMENT OF JUSTICE
-This law created a Probation Office under the DEPARTMENT OF JUSTICE and provided probation for first time offenders who were 18 years of age and above who were convicted of certain crimes.
ACT 4221;
-Unfortunately, there were defects in the law’s procedural framework so that, on November 16, 1937, the Supreme Court declared it unconstitutional in the case of PEOPLE OF THE PHILIPPINES VS. JUDGE JOSE VERA on the grounds of “undue delegation of legislative power” and violation of the “equal protection of the law”.
ACT 4221;
–Probation Office now is called as
PPA (PAROLE AND PROBATION ADMINISTRATION)
-Unfortunately, there were defects in the law’s procedural framework so that, on ______, the Supreme Court declared it unconstitutional in the case of PEOPLE OF THE PHILIPPINES VS. JUDGE JOSE VERA on the grounds of “undue delegation of legislative power” and violation of the “equal protection of the law”.
November 16, 1937
-Unfortunately, there were defects in the law’s procedural framework so that, on November 16, 1937, the Supreme Court declared it unconstitutional in the case of _________ on the grounds of “undue delegation of legislative power” and violation of the “equal protection of the law”.
PEOPLE OF THE PHILIPPINES VS. JUDGE JOSE VERA
-Unfortunately, there were defects in the law’s procedural framework so that, on November 16, 1937, the Supreme Court declared it unconstitutional in the case of PEOPLE OF THE PHILIPPINES VS. JUDGE JOSE VERA on the grounds of __________
“undue delegation of legislative power” and violation of the “equal protection of the law”.
–current or considered as the second probation law in the PH
PD 968;
-When Act 4221 was declared unconstitutional on November 16, 1937, a second attempt was made when then Congressmen TEODULO C. NATIVIDAD AND RAMON D. BAGATSING introduced House Bill No. 393 during their last months in Congress.
PD 968;
-This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional.
PD 968;
-This was passed in the Lower House (Congress) and was pending in the Senate when Martial Law was proclaimed in 1972.
PD 968;
-Thus, the law was born on July 24, 1976. It was during the closing ceremonies of the First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo, Quezon City, that President Ferdinand E. Marcos signed Presidential Decree (P.D.) No.968, otherwise known as the “ADULT PROBATION LAW OF 1976”, in the presence of nearly 800 representatives of the country’s criminal justice system.
PD 968;
-The probation system started to operate on _____.
January 3, 1978
-When Act 4221 was declared unconstitutional on November 16, 1937, a second attempt was made when then Congressmen _______ introduced House Bill No. 393 during their last months in Congress.
TEODULO C. NATIVIDAD AND RAMON D. BAGATSING
-As more probation officers were recruited and trained, more field offices were opened.
PD 968;
-There are at present 204 field offices spread all over the country, supervised by 15 regional offices.
PD 968;
-When Act 4221 was declared unconstitutional on November 16, 1937, a second attempt was made when then Congressmen TEODULO C. NATIVIDAD AND RAMON D. BAGATSING introduced ____ during their last months in Congress.
House Bill No. 393
PD 968 was born on ________. It was during the closing ceremonies of the First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo, Quezon City, that President Ferdinand E. Marcos signed Presidential Decree (P.D.) No.968, otherwise known as the “ADULT PROBATION LAW OF 1976”, in the presence of nearly 800 representatives of the country’s criminal justice system.
July 24, 1976
PD 968 was born on July 24, 1976. It was during the closing ceremonies of the First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo, Quezon City, that __________ signed Presidential Decree (P.D.) No.968, otherwise known as the “ADULT PROBATION LAW OF 1976”, in the presence of nearly 800 representatives of the country’s criminal justice system.
President Ferdinand E. Marcos
otherwise known as the “ADULT PROBATION LAW OF 1976”, in the presence of nearly 800 representatives of the country’s criminal justice system.
Presidential Decree (P.D.) No.968
-author of drugs act of 1972 and Disability Act, and
TEUDULO NATIVIDAD
-is well – known because he was a former Congressman of 1st District Bulacan,
TEUDULO NATIVIDAD
- a former Napolcom Chairman,
TEUDULO NATIVIDAD
-founder of probation in the Philippines
TEUDULO NATIVIDAD
–considered as the “FATHER OF PROBATION IN THE PHILIPPINES”
TEUDULO NATIVIDAD
is under the colony of the England
US
What are the forerunners of probation?
a. BENEFITS OF CLERGY:
b. JUDICIAL REPRIEVE;
c. RECOGNIZANCE;
d. TRANSPORTATION
The forerunners of probation originally came from
ENGLAND
The forerunners of probation originally came from ENGLAND, and they were introduced in the _____ when the latter was under the colony of the former.
UNITED STATES
–applicable only to all clergy members, not being given to not members of clergy malamang
BENEFITS OF CLERGY:
-The earliest device for softening the brutal severity of punishment was the benefits of this
BENEFITS OF CLERGY:
-The members of the clergy who were brought before the kings court maybe claimed under the jurisdiction of the Bishop or Chaplain requesting him on the ground that he is subject to the ecclesiastical court only.
BENEFITS OF CLERGY:
-The benefit resulting for the compromise is that jurisdiction is maintained with the Kings court but in sentencing, greater leniency was done resulting for offenders to escape death penalty.
BENEFITS OF CLERGY:
-Kings may not present evidence and if the offender is found guilty, his penalty may be degraded or he may be put to penance.
BENEFITS OF CLERGY:
he compromised the church and the State.
-HENRY II IN 13TH CENTURY
The members of the clergy who were brought before the kings court maybe claimed under the jurisdiction of the Bishop or Chaplain requesting him on the ground that he is subject to the ______ only.
ecclesiastical court
was a temporary withholding of sentence used by early English judges.
JUDICIAL REPRIEVE;
-It is the withdrawing of a sentence for the period of time whereby execution is suspended either before or after judgment as where the judge is:
JUDICIAL REPRIEVE;
JUDICIAL REPRIEVE
-It is the withdrawing of a sentence for the period of time whereby execution is suspended either before or after judgment as where the judge is:
- NOT SATISFIED WITH VERDICT;
- THE EVIDENCE IS SUSPICIOUS;
- THE INDICTMENT IS INSUFFICIENT;
- THERE IS A DOUBT WHETHER THE OFFENSE IS WITHIN CLERGY;
- THE FELONY IS LIGHT; AND
- THERE ARE FAVORABLE CIRCUMSTANCES APPEARING IN THE OFFENDER’S CRIMINAL CHARACTER
-is considered as the direct ancestor of Probation.
RECOGNIZANCE;
-During this, the accused can apply to King for absolute or conditional pardon
JUDICIAL REPRIEVE
-It originated from complying an obligation by making a promise to comply with a court order even if the offender is not yet convicted but likely to be convicted. -It included the promise to keep peace and be of good behavior.
RECOGNIZANCE;
–considered one form of bail in the PH with the following:
CORPORATE SURETY (company yung magbabayad sayo), CASH DEPOSIT , PROPERTY BOND (real property like titulo ng lupa) AND RECOGNIZANCE
RECOGNIZANCE;
-Principal method of disposing offenders to other countries for the following purpose:
TRANSPORTATION
TRANSPORTATION
-Principal method of disposing offenders to other countries for the following purpose:
- TO SUPPLYING NEW COLONIES WITH CHEAP LABORS;
- TO SUBSTITUTE BRUTAL PUNISHMENT AT THE HOMELAND AND TO GIVE OFFENDERS OPPORTUNITY TO BE REHABILITATED IN A NEW COUNTRY; and
- TO DECONGEST THE MAINLAND
- boat na sinasakyan kapag ipapadala sila sa ibang bansa
GALLEYS
RECOGNIZANCE
-It originated from complying an obligation by making a promise to comply with a court order even if the offender is not yet convicted but likely to be convicted.
-It included the promise to ____
keep peace and be of good behavior.
FORERUNNER means
“pinagmulan”
-During the reprieve, the accused can apply to King for _________
absolute or conditional pardon.
Presidential Decree (P.D.) No.968, otherwise known as the __________, in the presence of nearly 800 representatives of the country’s criminal justice system.
“ADULT PROBATION LAW OF 1976”
-There are at present _____ field offices spread all over the country, supervised by 15 regional offices.
204
Presidential Decree (P.D.) No.968, otherwise known as the “ADULT PROBATION LAW OF 1976”, in the presence of nearly ______ representatives of the country’s criminal justice system.
800
-The probation system started to operate on January 3, 1978.
PD 968
-As more probation officers were recruited and trained, more field offices were opened.
PD 968
-There are at present 204 field offices spread all over the country, supervised by 15 regional offices.
PD 968
PD 968 started to operate on
January 3, 1978
-There are at present _____ field offices spread all over the country, supervised by 15 regional offices.
204
-There are at present 204 field offices spread all over the country, supervised by ___ regional offices.
15
PD 968 as born on
July 24, 1976
-is well – known because he was a former Congressman of 1st District Bulacan,
TEUDULO NATIVIDAD
- a former Napolcom Chairman,
author of drugs act of 1972 and Disability Act, and
TEUDULO NATIVIDAD
–considered as the “FATHER OF PROBATION IN THE PHILIPPINES”
TEUDULO NATIVIDAD
-founder of probation in the Philippines.
TEUDULO NATIVIDAD
What are the forerunners of probation?
- BENEFITS OF CLERGY
- JUDICIAL REPRIEVE
- RECOGNIZANCE
- TRANSPORTATION
-The earliest device for softening the brutal severity of punishment
BENEFITS OF CLERGY:
-HENRY II IN 13TH CENTURY compromised the church and the State.
-The members of this who were brought before the kings court maybe claimed under the jurisdiction of the Bishop or Chaplain requesting him on the ground that he is subject to the ecclesiastical court only
BENEFITS OF CLERGY:
-This resulting for the compromise is that jurisdiction is maintained with the Kings court but in sentencing, greater leniency was done resulting for offenders to escape death penalty.
BENEFITS OF CLERGY:
-Kings may not present evidence and if the offender is found guilty, his penalty may be degraded or he may be put to penance.
BENEFITS OF CLERGY:
compromised the church and the State.
HENRY II IN 13TH CENTURY
was a temporary withholding of sentence used by early English judges.
JUDICIAL REPRIEVE;
-It is the withdrawing of a sentence for the period of time whereby execution is suspended either before or after judgment
JUDICIAL REPRIEVE;
Judicial reprieve is suspended when the judge is:
- NOT SATISFIED WITH VERDICT;
- THE EVIDENCE IS SUSPICIOUS;
- THE INDICTMENT IS INSUFFICIENT;
- THERE IS A DOUBT WHETHER THE OFFENSE IS WITHIN CLERGY;
- THE FELONY IS LIGHT; AND
- THERE ARE FAVORABLE CIRCUMSTANCES APPEARING IN THE OFFENDER’S CRIMINAL CHARACTER
the accused can apply to King for absolute or conditional pardon.
JUDICIAL REPRIEVE
-is considered as the direct ancestor of Probation.
RECOGNIZANCE;
-It originated from complying an obligation by making a promise to comply with a court order even if the offender is not yet convicted but likely to be convicted.
RECOGNIZANCE;
-It included the promise to keep peace and be of good behavior.
RECOGNIZANCE;
Recognizance included the promise of?
keep peace and be of good behavior.
–considered one form of bail in the PH
RECOGNIZANCE;
What are the forms of bail?
CORPORATE SURETY
CASH DEPOSIT
PROPERTY BOND
RECOGNIZANCE
-Principal method of disposing offenders to other countries
TRANSPORTATION
TRANSPORTATION PURPOSES IS TO?
· TO SUPPLYING NEW COLONIES WITH CHEAP LABORS;
· TO SUBSTITUTE BRUTAL PUNISHMENT AT THE HOMELAND AND TO GIVE OFFENDERS OPPORTUNITY TO BE REHABILITATED IN A NEW COUNTRY; and
· TO DECONGEST THE MAINLAND
PD 968 is known as?
“ADULT PROBATION LAW OF 1976”
PURPOSES OF PROBATION?
a. TO PROMOTE THE CORRECTION AND REHABILITATION OF AN OFFENDER BY PROVIDING HIM WITH INDIVIDUALIZED TREATMENT;
b. TO PROVIDE AN OPPORTUNITY FOR THE REFORMATION OF A PENITENT OFFENDER WHICH MIGHT BE LESS PROBABLE IF HE WERE TO SERVE A PRISON SENTENCE;
c. TO PREVENT THE COMMISSION OF OFFENSES.
- the one who will oversee you as a probationer
PROBATION OFFICER
- stigma of prison
PRISONIZATION
-action of attempting to convert someone from one religion, belief or opinion to another
PROSELYTIZING
-this theory is effective in criminal behavior
DIFFERENTIAL ASSOCIATION THEORY
JUDGE JOSE VERA is accused through
MARIANO CU UNJIENG
3 ISSUES OF PEOPLE OF THE PH VS. JUDGE JOSE VERA
- UNDUE DELEGATION OF LEGISLATIVE POWER
- VIOLATION OF EQUAL PROTECTION OF LAW
- ENCROACHMENT OF PARDONING POWER
-first probation law in the PH
ACT 4221
-landmark law or historical in American period in the PH
ACT 4221
-in this act, robbery is excluded
ACT 4221
shall be filed with the trial court by a sentenced or convicted person within the period of perfecting an appeal which is within fifteen (15) days from receipt of a copy of judgment of conviction.
APPLICATION FOR PROBATION;
An application for probation shall be filed with the trial court by a sentenced or convicted person within the period of perfecting an appeal which is within _________ from receipt of a copy of judgment of conviction.
fifteen (15) days
The fifteen – day period is due to the provision of the Probation Rules that the applicant shall file his application with the ______ at any time after conviction and sentence but within the period for perfecting his appeal as provided by the Rules of Court. (Sec 7 of Probation Rules)
Trial Court
The right to file an appeal and the right to apply for probation are exercised in the _____. If a convict appeals, he can no longer apply for probation. If he applies for probation, he can no longer appeal.
alternative
It must be stressed further that if the person sentenced is a ____ the court may place this on probation at any time in lieu of service of his/her sentence taking into account his best interest. (Sec 42 of RA 9344) In other words, if a sentenced person is a ____ he may apply for probation anytime.
child
- means “instead”
IN LIEU
The application for probation shall be in the form approved by the ________as recommended by the Administrator or as may be prescribed by the Supreme Court.
Secretary of Justice
The application for probation shall be in the form approved by the Secretary of Justice as recommended by the _______
Administrator or as may be prescribed by the Supreme Court.
Official application form or Xerox copy of the same may be obtained or secured from any ____________ for free. (Sec 8 of Probation Rules)
City or Provincial Parole and Probation Office
head of the PAROLE AND PROBATION ADMINISTRATION (PPA)
ADMINISTRATOR
ARE ALL CONVICTS QUALIFIED TO APPLY FOR PROBATION?
-No, not all convicts may apply for probation.
What if a convict NEITHER appealed nor applied for probation?
he is going to serve the sentence imposed by the court
-There are some persons who are disqualified to apply for probation, and they are as follows:
· THOSE SENTENCED TO SERVE A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN SIX YEARS;
· THOSE CONVICTED OF ANY OFFENSE AGAINST THE SECURITY OF THE STATE;
· THOSE WHO HAVE BEEN PREVIOUSLY 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 (PD 968)
· THOSE WHO HAVE BEEN ONCE ON PROBATION UNDER THE PROVISIONS OF PD 968; AND
· THOSE WHO ARE ALREADY SERVING SENTENCE AT THE TIME THE PD 968 WAS ENACTED.
If the maximum term imposed to a person is 6 years and 1 day is he disqualified to apply for probation?
-Yes, he is disqualified
WHAT ARE EXAMPLES OF CRIMES AGAINST NATIONAL SECURITY OR PUBLIC ORDER AS STATED ABOVE?
· REBELLION OR INSURRECTION; (ART 134 OF THE RPC)
· COUP D’ÉTAT; (ART 134 – A OF THE RPC)
· DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES; (ART 137 OF THE RPC)
· SEDITION; (ART 139 OF THE RPC)
· VIOLATION OF PARLIAMENTARY IMMUNITY; (ART 145 OF THE RPC)
· ILLEGAL ASSEMBLY; AND (ART 146 OF THE RPC)
· DIRECT ASSAULT. (ART 148 OF THE RPC)
This provision was already amended by ______, wherein it states that those who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00) are disqualified for probation;
RA 10707
This provision was already amended by RA 10707, wherein it states that those who have previously been convicted by final judgment of an offense punished by imprisonment of _______ and/or a fine of ________ are disqualified for probation;
more than six (6) months and one (1) day
more than one thousand pesos (P1,000.00)
– Any person convicted for drug trafficking or pushing under the ___________ regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968
RA 9165 “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”
Probation is a _______ granted by the COURT; it cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has no disqualifications imposed by law.
PRIVILEGE
WHAT ARE THE OTHER CRITERIA THAT MUST BE TAKEN INTO CONSIDERATION IN EITHER GRANTING OR DENYING PROBATION?
· THE OFFENDER IS IN NEED OF CORRECTIONAL TREATMENT THAT CAN BE PROVIDED MOST EFFECTIVELY BY HIS COMMITMENT TO AN INSTITUTION; OR
· THERE IS UNDUE RISK THAT DURING THE PERIOD OF PROBATION THE OFFENDER WILL COMMIT ANOTHER CRIME; OR
· PROBATION WILL DEPRECIATE THE SERIOUSNESS OF THE OFFENSE COMMITTED. (SEC 8 OF PROBATION RULES)
means degrade.
“DEPRECIATE”
What are the special laws violation on probation?
- RA 9165 except Section 12,14,17 and 70
- ELECTION LAWS
- RA 6727
What is RA 10389
LAW ON RECOGNIZANCE
What is RA 6727
WAGES RATIONALIZATION ACT
this is only applicable to poor individual
RA 10389
-In the PH, it is municipality
COUNTY
-pioneer country to enact probation
MASSACHUSETTS
-first probationer of Augustus
DRUNKARDS
