Discussion 2 Flashcards by Ruth Boaz | Brainscape

Q

enacted by the Philippine legislature on August 07, 1935

A

Act No. 4221

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Q

Act No. 4221 enacted by the Philippine legislature on______

A

August 07, 1935)

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Q

which created a Probation Offices under the Department of Justice

A

Adult provision law of 1935 or
Act no. 4221

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Q

provided probation for the first time offenders, eighteen years of age and over, convicted of a certain crime.

A

Adult provision law of 1935 or
Act no. 4221

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Q

What date that act no. 4221 declared unconstitutional by the Supreme Court in People vs. Vera

A

Nov. 16 1937

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Q

it challenged the constitutionality of Act 4221 on three grounds

A

People vs. Vera 37 O.G. 164

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Q

Father of probation in the Philippines

A

TEODULO CAPILI NATIVIDAD

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Q

created in 1974 by Secretary Enrile
chaired by Commissioner Teodulo Natividad

A

INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION (IDCCP)

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Q

INTER-DISCIPLINARY COMMITTEE ON CRIME PREVENTION (IDCCP) created by?

A

created in 1974 by Secretary Enrile
chaired by Commissioner Teodulo Natividad

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Q

Enacted on July 24, 1976 and started to operate on January 3, 1978

Signed into law by President Ferdinand E Marcos

A

The Presidential Decree No. 968

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Q

The Presidential Decree No. 968

Enacted on _______ and started to operate on _______

Signed into law _______

A

July 24, 1976
January 3, 1978
by President Ferdinand E Marcos

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Q

The probation Law applies to all provinces and cities, uniformly and without discrimination.

A

Presidential Decree 968 (Probation Law of 1976)

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Q

It provides that “in all other cases, the probation period shall not exceed 6 years (Section 14)

A

Presidential Decree 968 (Probation Law of 1976)

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Q

The conditions of Probation make it MANDATORY for the Court to issue a probation order containing specific conditions for the probationer to fulfill (Section 10)

A

Presidential Decree 968 (Probation Law of 1976)

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Q

The reparation or restitution by the probationer to the aggrieved parties for actual damages or losses caused by his offense is DELETED

A

Presidential Decree 968 (Probation Law of 1976)

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Q

The law provides that an order granting or denying probation shall not appealable (Sec 4).

A

Presidential Decree 968 (Probation Law of 1976)

Q

The probation Law applies only to provinces and cities in which their respective provincial boards have provided for the salary of a probation officer

A

Act No. 4221 (Probation Law of 1935)

Q

It provides that the period of probation of a probationer found guilty of “any other offense” did not walang for per exceed twice the maximum time of imprisonment to which he might be sentenced (Section 7)

A

Act No. 4221 (Probation Law of 1935)

Q

The imposition of the said conditions on the probationer was merely DISCRETIONARY on the part of the Court issuing the probation order. (Section 3)

A

Act No. 4221 (Probation Law of 1935)

Q

There is reparation or restitution by the probationer to the aggrieved parties for actual damages or losses caused by his offense

A

Act No. 4221 (Probation Law of 1935)

Q

Nowhere in the old Probation Law can there be found a provision to this effect.

A

Act No. 4221 (Probation Law of 1935)

Q

probation office of presidential decree 968 (probation law of 1976)

A

Office probation administration

Q

Head of presidential decree 968 (probation law of 1976)

A

Probation Administrator

Q

the Executive Officer of the Probation Administration

A

Probation Administrator

Q

Office act number 4221

A

Probation Office

Q

the Head of the Probation Office of act no. 4221

A

Chief Probation Officer -

Q

➤ a compromise between the church and the King, wherein any member of the clergy brought to trial in the king’s court shall be claimed from that jurisdiction by the bishop or chaplain representing him and placed under the authority of the ecclesiastical court.

A

Benefits of the Clergy

Q

This is the temporary suspension of the sentence imposed by the court

A

Judicial Reprieve

Q

This will provide the convicted offender ample time to petition the crown for either absolute parson or conditional pardon.

A

Judicial Reprieve

Q

this is considered as the direct ancestor of probation. This involves an obligation or promise sworn to under court order by a person not yet convicted of crime he would keep the peace and be of good behavior.

A

Recognizance or “Binding over for god behavior”

Q

This was developed from an ancient practice of banishment and flourished for more than two hundred years as a principal method of disposing offenders. It served mainly as cheap source of supplying labor to the colonies of England.

A

Transportation