Final Quiz Flashcards
It is the conditional release of a prisoner from correctional institution after serving the minimum period of his sentence.
Parole
The first parole law was passed in ________________ in ______.
Massachusetts; 1837
At about same time, ____________________ introduced a system, ____________, whereby a prisoner was given a “ticket of leave” (the equivalent of parole) after earning a certain required number of marks.
Alexander Maconochie; Mark System
Legal Basis of Parole in the Philippines
Act No. 4103
Parole in the Philippines is administered by the _______________________.
Board of Pardons and Parole
It is created by virtue of Act No. 4103 (1933) known as the Indeterminate Sentence Law. It is an agency under the Department of Justice (DOJ).
Board of Pardon and Parole
It is when the sentence provides for a minimum period and a maximum period
indeterminate sentence
It has only one period in the sentence of the court.
determinate sentence
___________ are entitled to an indeterminate sentence (People vs. Jaranilla, L-28547, Feb.22, 1974).
Recidivist
A ________________________________ is entitled to the benefits of Indeterminate Sentence Law because his confinement is not considered as imprisonment (PP vs. Perez, CA 44 O.G 3884), likewise, if the accused escaped from the National Mental Hospital, since his confinement as patient is not imprisonment (PP vs. Co. CA G.R No. 163, June 13, 1938).
minor who escaped from confinement in the reformatory
Any infraction by a client of the terms and condition appearing in release document or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his _____________________ to the Board.
Parole and Probation Officer
Upon receipt of an information report, the Board shall immediately order the arrest of the client of Parole and shall made to serve the _____________________ of the maximum sentence for which he was originally committed to prison.
remaining unexpired portion
It refers to the Commutation of Sentence, Absolute Pardon, and Conditional Pardon, with or without the parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.
Executive Clemency
A formal petition for Executive Clemency must address to __________________________ through the Chairman of Board of Pardon and Parole.
“The President of the Philippines”
It refers to the prisoner who applies for the grant of executive clemency or parole.
Petitioner
It is an executive clemency granted by the President/Chief Executive. It may also be defined as an act of grace proceeding from the power entrusted with the President which exempts the individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed.
Pardon
It refers to the total extinction of criminal liability of the individual to whom, it is granted without any condition whatsoever and restores to the individual to his civil rights and the penalty imposed for the particular offense of which he was convicted.
Absolute Pardon
It refers to the exemption of an individual, within certain limits or conditions, from the punishment, which the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability.
Conditional Pardon
It is an act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, rebellion.
Amnesty
It abolishes and puts into “oblivion” the offense of which one is charged, so that the person released by amnesty is considered as if he did not commit any offense.
Amnesty
It is a fact need not be proved.
Judicial notice
It is the power of the President to prevent the collection of fines or the confiscation of forfeited property.
Remission of fines or forfeitures
Both reprieve and suspension of sentence refer to temporary stay or postponement of sentence, but ____________________ is done for an indefinite time, while __________ is done to a fixed or definite date.
suspension of sentence; reprieve
It is an act of the President reducing the penalty of a convict.
Commutation
It is the reduction of period of imprisonment if the convict shows good behavior.
Good conduct time allowance
Good Conduct Time Allowance does not apply to ____________.
detention prisoners
A deduction of ______ of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of RPC, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article.
1/5
A deduction of _______ of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of the Revised Penal Code.
two-fifths
Act No. 2489, otherwise known as the industrial good time law, provides that when a prisoner has been classified as ______________________, he is given an additional 5 days’ time allowance for every month of service.
trustee or penal colonist
A prisoner serving life sentence automatically reduced to _________ of imprisonment upon attaining the classification of trustee or penal colonist.
30 years
This is committed by a convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment (Art. 157 of the Revised Penal Code).
Evasion of Service of Sentence
This is committed by any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same (Art. 159 of the Revised Penal Code).
Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
There is ____________ when an accused at the time of his trial for an offence shall have been previously convicted by final judgment of a crime embraced in the same title of the Revised Penal Code.
recidivism
There is ______________ when a person who, before serving sentence or while serving sentence, commits another felony.
quasi-recidivism
There is _________________ when within ten (10) years from the date of last conviction or last release of a person for any of the crimes of serious physical injury, less serious physical injury, theft, robbery, estafa, or falsification (FRETSeL), he is found guilty the third time or oftener.
habitual delinquency
There is ____________ when the offender has been previously punished for an offense to which the law attaches an equal or greater penalty, or when he has been previously punished for two (2) or more crimes previously to which the law attaches a lighter penalty.
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