DOT Flashcards
is a petitioner who failed to present himself to the probation officer with the seventy – two (72) hour period required by the court as a mandatory condition of probation. (Sec 21 of Probation Rules)
Absconding Applicant
is 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. Before a probationer be considered absconding probationer, he shall first be declared as such by the Parole and Probation Administration. (Sec 43 of Probation Rules)
Absconding Probationer
literally means friend of the court. He is a person with strong interest in or views in a subject matter of an action, but not a party to the action. (Black, 1990)
Amicus Curiae
is the Administrative Code of 1987.
Executive Order 292
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
means at its own instance
Motu proprio
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),
is a convicted defendant who files an application for probation;
Petitioner
is that done by the probation officer for the court to determine that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby in granting or denying probation. (Sec. 5 of PD 968)
Post – sentence investigation
is that to be submitted by the probation officer to the judge after conducting post sentence investigation and it is containing his recommendation whether probation may be granted or not.
Post – sentence investigation report
Post sentence investigation report shall be in the form prescribed by the_____________ and approved by the Secretary of Justice. (Sec. 5 of PD 968)
Probation Administrator
is “The Law Establishing a Probation System, Appropriating Funds therefore and for other purposes. It is also known as the “Probation Law of 1976”
Presidential Decree (PD) 968
means a person placed on probation. (Sec. 3 [b] of PD 968)
Probationer
refers either to the Provincial or City Probation Office directed to conduct investigation or supervision referrals as the case may be.
Probation Office
means one who investigates for the court a referral for probation or supervises a probationer or both. (Sec. 3 [c] of PD 968)
Probation Officer
is an order of the trial court granting probation.
Probation Order
is a philosophy and a process whereby stakeholders in a specific offense resolve collectively how to deal with the aftermath of the offense and its implications for the future.
Restorative Justice
It is a victim – centered response to crime that provides opportunity for those directly affected by the crime – the victim, the offender, their families and the community – to be directly involved in responding to the harm caused by the crime. Its ultimate objective is to restore the broken relationships among stakeholders.
Restorative Justice
The ________________process provides a healing opportunity for affected parties to facilitate the recovery of the concerned parties and allow them to move on with their lives.
Restorative Justice
is a strategy by which the Parole and Probation Administration may be able to generate maximum citizen participation or community involvement.
Volunteer Probation Aide Program
is a self-help social learning treatment model used in the rehabilitation of drug offenders and other clients with behavioral problems.
Therapeutic Community
It is an environment that helps people while helping themselves. It operates in a similar fashion to a functional family with a hierarchical structure of older and younger members. Each member has a defined role and responsibilities for sustaining the proper functioning of the
Therapeutic community.
refers to the Regional Trial Court (RTC) of the Province or City/Municipal Court which has jurisdiction over the case. (Other Source: Sec 4 of Probation Rules)
Trial Court
is a waiver authorizing the PPA and/or the Probation Office to secure any and all information on the applicant. It shall be duly executed and signed by him. (Sec 14 [b] of Probation Rules)
Waiver – Cum – Authorization
, the accused is given the right to either appeal the judgment of conviction or to apply for probation of how many days?
Within fifteen (15) days
• The application for probation shall be resolved by the Trial Court within_________from the date of its receipt of the Post – Sentence Investigation Report. (Sec. 31 of Probation Rules
fifteen (15) days
Offenders who are sentenced to serve a maximum term of imprisonment of________ are disqualified to apply for probation. (Sec. 9 [a] of PD 968)
More than six (6) years;
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)
Trial Court
The probation officer shall submit to the court the investigation report on a defendant not later than __________from receipt of the order of said court to conduct the investigation. (Sec. 7 of PD 968 & Sec 11 of Probation Rules)
sixty (60) days
The probationer shall 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. (Par 1, Sec. 10 [a] of PD 968)
seventy-two (72) hours
A probation order shall take effect_________at which time the court shall inform the offender of the consequence thereat and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense under which he was placed on probation. (Sec 33 of Probation Rules)
Upon its issuance
The_______ may modify or revise the Probation Order
Trial Court
A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of
1-10 days
A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel with said Office properly recommended by the ______________on case and approved by the CPPO. (Sec 41 [b] of Probation Rules)
Supervising Probation Officer
If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the CPPO and submitted to the________ for approval. (Sec 41 [c] of Probation Rules)
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
The hearing of the violation charge of the probationer shall be_____ in nature and he shall have the right to be informed of the violation charged and to adduce evidence in his favor.
summary
The period of probation of a defendant sentenced to a term of imprisonment of not more than one (1) year shall not exceed?. (Sec. 14 [a] of PD 968)
two (2) years
The period of probation of a defendant sentenced to a term of imprisonment of more than one year shall not exceed?. (Sec. 14 [a] of PD 968)
six (6) years
Early termination of the probation period of probationers may be granted if they have already served _______of the imposed period of probation and in no case shall the actual supervision period be less than six (6) months. (Sec. 55 [b] of Probation Rules)
1/3
Probationers may be recommended for the early termination of their probation period if they have to travel abroad due to an approved application for scholarship, observation tour or study grant for a period________. (Sec. 55 [c] of Probation Rules)
not less than six (6) months
The probationer shall prepare the motion for the modification or early termination of probation addressed to the Court which has control and supervision over the probationer concerned and the motion shall thereafter be forwarded for review and clearance to the Regional Director who shall act on said motion within a period of_____ after receipt of the same. (Sec. 56 [b] of Probation Rules)
three (3) days
If the motion the modification or early termination of probation be approved by the Regional Director, the Supervising Probation Officer on case shall file the same with the Trial Court within_____after receipt thereof. (Sec. 56 [c] of Probation Rules)
two (2) days
Appointed Probation Aides so appointed may hold office during good behavior for a period of _______, renewable at the end of each period. (Sec. 58 [b] of Probation Rules)
two (2) years
The services of appointed Probation Aides may at any time be terminated by the appointing authority for unsatisfactory performance for_________ as determined by the proper Offices and/or for other lawful and valid cause(s). (Sec. 58 [b] of Probation Rules)
at least two (2) consecutive semesters
