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CA 2 > CHAPTER 3-4 > Flashcards

CHAPTER 3-4 Flashcards

1
Q

The _______ may, upon receipt of the application filed, suspend the execution of the sentence imposed in the judgment; and

A

TRIAL COURT

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2
Q
  • decision if your application is granted or denied
A

RESOLUTION

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3
Q

Pending the submission of the __________ and the resolution on the application, the applicant may be allowed on temporary liberty under his bail filed in the criminal case.

A

POST SENTENCE INVESTIGATION REPORT (PSIR)

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3
Q
  • custody of a responsible member of the community who shall guarantee his appearance whenever required by the trial court.
A

RECOGNIZANCE

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3
Q

The _______ may notify the concerned Prosecuting Officer of the filing of the application at a reasonable time it deems necessary, before the scheduled hearing thereof. (Sec 9 of Probation Rules)

A

TRIAL COURT

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4
Q

In case where no bail was filed or the applicant is incapable of filing one, the trial court may allow the release of the applicant on _________ to the custody of a responsible member of the community who shall guarantee his appearance whenever required by the trial court.

A

recognizance

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4
Q

The _______ may submit his comment(s), if any, on the application within a reasonable time given to him by the Trial Court from his receipt of the notice to comment. (Sec 10 of Probation Rules)

A

PROSECUTING OFFICER

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5
Q

Under this law, the prosecutor are now given the authority to give their comments in the application of the petitioner for the probation within 10 Days.

A

PD 1257

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6
Q

How many days are the the prosecutor given the authority to give their comments in the application of the petitioner for the probation?

A

10 DAYS

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7
Q

If the Trial Court finds that the application is in due form and the applicant appears to be qualified for the grant of probation, it shall order the ____________ within its jurisdiction to conduct a Post-Sentence Investigation (PSI) to determine that the ends of justice is received/ given and the best interest of the public as well as the defendant will be served in granting or denying probation. (Sec 11 of Probation Rules)

A

CITY OR PROVINCIAL PAROLE AND PROBATION OFFICE

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7
Q

If the Trial Court finds that the application is in due form and the applicant appears to be qualified for the grant of probation, it shall order the CITY OR PROVINCIAL PAROLE AND PROBATION OFFICE within its jurisdiction to conduct a _____________ to determine that the ends of justice is received/ given and the best interest of the public as well as the defendant will be served in granting or denying probation. (Sec 11 of Probation Rules)

A

Post-Sentence Investigation (PSI)

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8
Q

to determine that the ends of justice is received/ given and the best interest of the public as well as the defendant will be served in granting or denying probation. (Sec 11 of Probation Rules)

A

Post-Sentence Investigation (PSI)

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9
Q

After receipt from the Trial Court, the City or Provincial Parole and Probation Office concerned, through the ______ shall assign the same to the office clerk for docketing and eventual assignment to a subordinate investigating Probation Officer for the conduct of the PSI or conduct such investigation himself. (Sec 14 of Probation Rules)

A

CPPO/ CHIEF OF PAROLE AND PROBATION OFFICER

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9
Q

CPPO MEANS?

A

CHIEF PAROLE AND PROBATION OFFICER (CPPO)

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10
Q

How many days will the investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially interview the applicant if he appeared in the Probation Office upon response to the seventy-two (72) hours limitation given to him by the Trial Court?

A

5 WORKING DAYS

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11
Q

Within five (5) working days from receipt of said delegated assignment (or self-assignment), the investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially interview the applicant if he appeared in the Probation Office upon response to the __________ limitation given to him by the Trial Court.

A

seventy-two (72) hours

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12
Q

If not, the _________ on case may write the applicant in his court given address, or personally visit applicant’s place to schedule an initial interview at the Probation Office.

A

Probation Officer

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13
Q

If not, the Probation Officer on case may write the applicant in his court given address, or personally visit applicant’s place to schedule an initial interview at the _________

A

Probation Office.

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14
Q

5 WORKING DAYS IS ONLY FOR?

A

MONDAY TO FRIDAY

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15
Q

During such initial interview, the Probation Officer on case or CPPO shall require the applicant to accomplish and sign a?

A

Post-Sentence Investigation Work Sheet (PPA FORM 1)

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15
Q

During such initial interview, the ________ shall require the applicant to accomplish and sign a Post-Sentence Investigation Work Sheet (PPA FORM 1)

A

Probation Officer on case or CPPO

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16
Q

PPA FORM 1 is the?

A

Post-Sentence Investigation Work Sheet

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16
Q

PPA Form 4 is the

A

Instruction to Probationer

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16
Q

PPA Form 3 is

A

Post – Sentence Investigation Report

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16
Q

PPA Form 5 is the

A

Monthly Caseload Summary Reports

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17
Q

PPA Form 2 is the?

A

Waiver-Cum-Authorization

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18
Q

PPA Form 7 is

A

Request for Outside Travel

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19
Q

PPA Form 8 is

A

Violation Report

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20
Q

PPA Form 9 is

A

Probation Officer’s Final Report

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21
Q

The investigating Probation Officer on case or CPPO shall conduct further investigation based on the information contained therein. The applicant shall also execute and sign a?

A

Waiver – Cum – Authorization (PPA Form 2)

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21
Q

After accomplishing the Post-Sentence Investigation Work Sheet and the Waiver-Cum-Authorization, the same shall be immediately submitted to the?

A

Probation Office.

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21
Q

PPA Form 24 is

A

Request for Change of Residence

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21
Q

he investigating Probation Officer on case or CPPO shall conduct a thorough investigation on the _______, _______, _______, _______ and _______ if any, of the applicant and the institutional and community resources available for his rehabilitation.

A

antecedents, mental and physical condition, character, socio-economic status, and criminal records,

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22
Q

-is a waiver authorizing the PPA and/or the Probation Office to secure any and all information on the applicant. (Sec 15 of Probation Rules)

A

WAIVER – CUM – AUTHORIZATION

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23
Q

_________ shall conduct a thorough investigation on the antecedents (personal background), mental and physical condition, character, socio-economic status (anong pinagkakakitaan mo), and criminal records, if any, of the applicant and the institutional and community resources available for his rehabilitation.

A

investigating Probation Officer on case or CPPO

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24
Q

In case applicant has a criminal record(s), such should be verified with the proper government agency (ies) as to its disposition/resolution which has/have to be properly reflected in the ________

A

POST SENTENCE INVESTIGATION REPORT (PSIR)

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25
Q

In case applicant has a criminal record(s), such should be verified with the __________ as to its disposition/resolution which has/have to be properly reflected in the PSIR.

A

proper government agency (ies)

26
Q

For the sake of obtaining additional information or clarify conflicting data, the ____________ may conduct further investigation and interview to avoid discrepancies of facts/information.

A

investigating Probation Officers on case

27
Q

____________ shall assess and recommend or prescribe the suitable probation treatment and supervision program upon the applicant, if granted probation. (Sec 16 of Probation Rules)

A

PROBATION OFFICER ON CASE OR CPPO

28
Q

During the conduct of the PSI, ________ must be gathered from those persons who have direct personal knowledge of the applicant, offended party, family member, and/or their relatives, including barangay officials and disinterested persons. (Sec 17 of Probation Rules)

A

collateral information

29
Q

are additional information

A

COLLATERAL INFORMATION

30
Q

To obtain additional data, _____________ between the information received from the applicant and those secured from other sources, the Investigating Probation Officer on case or CPPO may conduct subsequent or further interviews on the applicant and/or other persons as deemed appropriate. (Sec 18 of Probation Rules)

A

counter check, or clarify discrepancy/ies

31
Q

DURING THE INTERVIEW AND INFORMATION-GATHERING PROCESSES, IS THERE A NEED FOR THE APPLICANT TO BE REPRESENTED AND ASSISTED BY COUNSEL?

A

no need for the applicant to be represented and assisted by counsel because the investigation by the probation officer is neither prosecutory nor accusatory in character. (Sec 19 of Probation Rules)

32
Q

The probation officer shall submit to the court his Post Sentence Investigation Report (IR) or the PPA FORM 3 for not later than ________ from the receipt of the order of said court to conduct investigation. (Sec 11 of Probation Rules)

A

60 days

33
Q

The probation officer shall submit to the ________ his Post Sentence Investigation Report (IR) or the PPA FORM 3 for not later than 60 days from the receipt of the order of said court to conduct investigation. (Sec 11 of Probation Rules)

A

court

33
Q

The probation officer shall submit to the court his _________ for not later than 60 days from the receipt of the order of said court to conduct investigation. (Sec 11 of Probation Rules)

A

Post Sentence Investigation Report (IR) or the PPA FORM 3

34
Q

The court shall resolve the petition for probation not later than _______ after receipt of said report.

A

fifteen (15) days

34
Q

The investigation report to be submitted by the probation officer shall be in the form prescribed by the ____________ and approved by the ___________ (Sec 6 of PD 968)

A

Probation Administrator
Secretary of Justice

35
Q

The one issued by the court in either granting or denying probation is called ______ not judgment

A

RESOLUTION

35
Q

In other words, said findings are only considered as recommendations to the?

A

COURT

36
Q

IS THE COURT BOUND BY THE FINDINGS OF THE PROBATION OFFICER?

A

NO, the court is not bound by the findings of the Probation Officer but they will be taken into consideration.

37
Q

The _______ has still the final say whether probation shall be granted or denied.

A

court

38
Q

If probation is granted the Trial Court may direct the applicant to report to the proper Probation Office within _______ from his receipt of such order.

A

seventy-two (72) hours or within 3 days

38
Q

___________ shall take effect upon its issuance (immediately), at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation.

A

PROBATION ORDER

39
Q

It is a mandatory condition of probation for the probationer to present himself to the probation officer designated to undertake his supervision at such place as may be specified in the Probation Order within the said seventy-two (72) hours from receipt of said order. (Sec. 10 of PD 968 & Sec 12 of Probation Rules)

A

APPEARANCE TO PROBATION OFFICER;

39
Q
  • those person who were granted for probation
A

PROBATIONER

40
Q

WHEN A PROBATIONER APPEARS FOR INITIAL SUPERVISION, WHAT SHALL HAPPEN NEXT?

A

· Give instructions to the client using PPA Form 4 (Instruction to Probationer) in order to reinforce probationer’s awareness of the probation conditions specified in the Probation Order in a language or dialect understood by him;

· Formulate with the client, the supervision treatment plan; and

· Carry out other related activities

41
Q
  • person or probationer who is under supervision of probation officer
A

CLIENT

41
Q

Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order on a particular probationer the Probation Office through the CPPO shall immediately assign the probation supervision case to his subordinate ?

A

Probation Officer

42
Q

If the probationer failed to present himself to the probation officer within the seventy – two (72) hour period after the Probation Order has been released by the Trial Court, or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find said probationer and conduct such field inquiry as is necessary within a reasonable period of time, before considering the fact that the subject has absconded amounting to a violation of a probation condition, requiring the preparation and submission of a _________ to the Trial Court

A

Violation Report (PPA Form 8)

42
Q

WHAT IF THE PROBATIONER FAILED TO PRESENT HIMSELF TO THE PROBATION OFFICER WITH THE SEVENTY – TWO (72) HOUR PERIOD?

A

the subject has absconded amounting to a violation of a probation condition, requiring the preparation and submission of a Violation Report (PPA Form 8) to the Trial Court. (Sec 40 of Probation Rules & Sec. 21 of Probation Rules)

42
Q

If the probationer failed to present himself to the probation officer within the seventy – two (72) hour period after the Probation Order has been released by the?

A

trial court

43
Q

If the probationer failed to present himself to the probation officer within the seventy – two (72) hour period after the Probation Order has been released by the Trial Court, or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find said probationer and conduct such field inquiry as is necessary within a reasonable period of time, before considering the fact that the subject has absconded amounting to a violation of a probation condition, requiring the preparation and submission of a Violation Report (PPA Form 8) to the _____ (Sec 40 of Probation Rules & Sec. 21 of Probation Rules)

A

Trial Court.

44
Q

A probationer who has not reported for initial supervision within the prescribed period and/or whose whereabouts could not be found, located or determined despite best diligent efforts within reasonable period of time shall be declared by the proper Office as an

A

ABSCONDING PROBATIONER.

45
Q

Thereafter said Office shall file with the proper court a Violation Report (PPA Form 8), containing its findings and recommendation, duly prepared and signed by the _________ and duly noted by the ________ (Sec. 43 of Probation Rules)

A

Supervising Parole and Probation Officer

Chief Parole and Probation Officer.

46
Q

Thereafter said Office shall file with the proper court a __________, containing its findings and recommendation, duly prepared and signed by the Supervising Parole and Probation Officer and duly noted by the Chief Parole and Probation Officer. (Sec. 43 of Probation Rules)

A

Violation Report (PPA Form 8)

47
Q

WHEN SHALL THE SUPERVISION SERVICE OF THE PROBATION OFFICER SHALL COMMENCE?

A

day of initial interview or reporting of a probationer.

48
Q
  • granted na yung probation sa applicant
A

ABSCONDING PROBATIONER

49
Q

Such fact and date shall be duly noted in the?

A

case notes of the client

50
Q

WHAT ARE THE PRIMARY PURPOSES OF PROBATION SUPERVISION?

A

· TO ENSURE THE PROBATIONER’S COMPLIANCE WITH THE PROBATION CONDITIONS SPECIFIED IN THE PROBATION ORDER AND THE PRESCRIBED PROBATION TREATMENT AND SUPERVISION PROGRAM/PLAN;

· TO MANAGE THE PROCESS OF THE PROBATIONER’S REHABILITATION AND RE-INTEGRATION INTO THE COMMUNITY; AND

· TO PROVIDE GUIDANCE FOR THE PROBATIONER’S TRANSFORMATION AND DEVELOPMENT INTO A USEFUL CITIZEN FOR HIS EVENTUAL REINTEGRATION TO THE MAINSTREAM OF SOCIETY. (SEC 38 OF PROBATION RULES)

51
Q

The probationer and his probation program shall be under the control of the ______ who placed him on probation subject to actual supervision and visitation by a probation officer.

A

court

52
Q

The probationer and his probation program shall be under the control of the court who placed him on probation subject to actual supervision and visitation by a __________

A

probation officer.

52
Q

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the _______ of that place, and in such a case, a copy of the probation order, the investigation report and other pertinent records shall be furnished said person

A

EXECUTIVE JUDGE OF THE COURT OF FIRST INSTANCE

53
Q

WHAT ARE THE TWO MAIN FUNCTIONS OF A PROBATION OFFICER?

A

· TO CONDUCT POST-SENTENCE INVESTIGATION (PSI) TO DETERMINE THAT THE ENDS OF JUSTICE AND THE BEST INTEREST OF THE PUBLIC AS WELL AS THE DEFENDANT WILL BE SERVED IN GRANTING OR DENYING PROBATION.

· TO SUPERVISE THE CONVICT IF HE IS GRANTED PROBATION. (Classroom discussion of Marcos, 1999)

54
Q

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the EXECUTIVE JUDGE OF THE COURT OF FIRST INSTANCE of that place, and in such a case, a copy of the probation order, the investigation report and other pertinent records shall be furnished said?

A

Executive Judge.

55
Q

–COURT OF FIRST INSTANCE is the former name of

A

REGIONAL TRIAL COURT

55
Q

Thereafter, the ______ to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation. (Sec 13 of Probation Rules)

A

EXECUTIVE JUDGE

56
Q

After the period of probation and upon consideration of the report and recommendation of the probation officer, the _____ may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.

A

COURT

57
Q

The final discharge of the probationer shall operate to restore to him ___________ as a result of his conviction and ____________ imposed as to the offense for which probation was granted.

A

all civil rights lost or suspended

to fully discharge his liability for any fine

58
Q

The probationer and the probation officer shall each be furnished with a copy of such order. (Other source:

A

Secs 3 – 16 of PD 968

59
Q

Under __________, It states that the final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.

A

RA 10707

60
Q

Under RA 10707, It states that the final discharge of the probationer shall operate to restore to him all ___________ as a result of his conviction and to ______ as to the offense for which probation was granted.

A

civil rights lost or suspended

totally extinguish his criminal liability

61
Q

__________ provides that the defendant is released subject to conditions imposed by the court.

A

Presidential Decree 968

62
Q

Presidential Decree 968 provides that the defendant is released subject to conditions imposed by the court. WHAT ARE THESE CONDITIONS?

A

a. MANDATORY CONDITIONS
b. DISCRETIONARY CONDITIONS.

62
Q

WHAT ARE THE MANDATORY CONDITIONS?

A

· PRESENT HIMSELF TO THE PROBATION OFFICER DESIGNATED TO UNDERTAKE HIS SUPERVISION AT SUCH PLACE AS MAY BE SPECIFIED IN THE PROBATION ORDER WITHIN SEVENTY-TWO (72) HOURS FROM RECEIPT OF SAID ORDER; AND

· REPORT TO THE PROBATION OFFICER AT LEAST ONCE A MONTH AT SUCH TIME AND PLACE AS SPECIFIED BY SAID OFFICER.

62
Q

PRESENT HIMSELF TO THE PROBATION OFFICER DESIGNATED TO UNDERTAKE HIS SUPERVISION AT SUCH PLACE AS MAY BE SPECIFIED IN THE PROBATION ORDER WITHIN _________ FROM RECEIPT OF SAID ORDER; AND

A

SEVENTY-TWO (72) HOURS

62
Q

REPORT TO THE PROBATION OFFICER AT LEAST ____ A MONTH AT SUCH TIME AND PLACE AS SPECIFIED BY SAID OFFICER.

A

ONCE

63
Q

WHAT ARE THE DISCRETIONARY CONDITIONS?

A

· COOPERATE WITH A PROGRAM OF SUPERVISION;

· MEET HIS FAMILY RESPONSIBILITIES;

· DEVOTE HIMSELF TO A SPECIFIC EMPLOYMENT AND NOT TO CHANGE SAID EMPLOYMENT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE PROBATION OFFICER;

· UNDERGO MEDICAL, PSYCHOLOGICAL OR PSYCHIATRIC EXAMINATION AND TREATMENT AND ENTER AND REMAIN IN A SPECIFIED INSTITUTION, WHEN REQUIRED FOR THAT PURPOSE;

· PURSUE A PRESCRIBED SECULAR STUDY OR VOCATIONAL TRAINING;

· ATTEND OR RESIDE IN A FACILITY ESTABLISHED FOR INSTRUCTION, RECREATION OR RESIDENCE OF PERSONS ON PROBATION;

· REFRAIN FROM VISITING HOUSES OF ILL-REPUTE;

· ABSTAIN FROM DRINKING INTOXICATING BEVERAGES TO EXCESS;

· PERMIT TO PROBATION OFFICER OR AN AUTHORIZED SOCIAL WORKER TO VISIT HIS HOME AND PLACE OR WORK;

· RESIDE AT PREMISES APPROVED BY IT AND NOT TO CHANGE HIS RESIDENCE WITHOUT ITS PRIOR WRITTEN APPROVAL; OR

· SATISFY ANY OTHER CONDITION RELATED TO THE REHABILITATION OF THE DEFENDANT AND NOT UNDULY RESTRICTIVE OF HIS LIBERTY OR INCOMPATIBLE WITH HIS FREEDOM OF CONSCIENCE.

64
Q

–bahay aliwan

A

HOUSES OF ILL-REPUTE

65
Q

ABSTAIN FROM DRINKING INTOXICATING BEVERAGES TO?

A

EXCESS;

66
Q

DEVOTE HIMSELF TO A SPECIFIC EMPLOYMENT AND NOT TO CHANGE SAID EMPLOYMENT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE?

A

PROBATION OFFICER;

CA 2 (5 decks)

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