ISL and Probation Flashcards
Title of Act no. 4103
Indeterminate Sentence Law (ISL)
What is an indeterminate sentence
A prison term which consists of a minimum and a maximum term
Why is the penalty consisdered indeterminate?
Because after the convict serves the minimum term, he or she may become eligible for parole under the provisions of the ISL
Purpose of the ISL
To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness
What is the aim of the ISL
To individualize the administration of our criminal law
What is the maximum term when the crime is punished by the Code?
That which could be properly imposed under the RPC, in view of the attending circumstances
What is the minimum term when the crime is punished by the Code?
Within the range of the penalty next lower to that prescribed by the Code for the offense
What is the maximum term when the crime is punished by a special law?
Shall not exceed the maximum fixed by such law
What is the minimum term when the crime is punished by a special law?
Shall not be less than the minimum term prescribed by such law
ISL is not applicable to the following: (10)
1.Persons convicted of offenses punished with DEATH PENALTY or LIFE IMPRISONMENT
2. Those convicted of TREASON, CONSPIRACY or PROPOSAL TO COMMIT TREASON
3. Those convicted of MISPRISION OF TREASON, REBELLION, SEDITION or ESPIONAGE
4. Those convicted of PIRACY
5. Those who are HABITUAL DELINQUENTS
6. Those who shall have ESCAPED from confinement or evaded sentence
7. Those who VIOLATED THE TERMS OF CONDITIONAL PARDON granted to them by the Chief Executive
8. Those whose maxmimum term of imprisonment DOES NOT EXCEED 1 YEAR
9. Those who, UPON APPROVAL of the law (Dec. 5, 1933), HAD BEEN SENTENCED BY FINAL JUDGMENT
10. Those sentenced to the penalty of DESTIERRO OR SUSPENSION
Does the ISL apply to indivisible penalties?
No
When is the application of the ISL mandatory?
When the imprisonment would exceed one year
Does the ISL apply to recidivists?
Yes, for the first time
Factors to be taken into consideration by the court in fixing the minimum penalty can be broken into two categories when considering the criminal, which are: (2)
- As an individual
- As a member of society
Factors to be taken into consideration by the court in fixing the minimum penalty when considering the criminal as an individual: (9)
- Age, specially with reference to extreme youth or old age
- General health and phyiscal conditions
- Mentality, heredity, and personal habits
- His previous conduct, environment, and mode of life
- His previous education, both intellectual and moral
- His proclivities and aptitudes for usefulness or injury to society
- His demeanor during trial and his attitude with regard to the crime committed
- The manner and circumstances in which the crime was committed
- The gravity of the offense
Factors to be taken into consideration by the court in fixing the minimum penalty when considering the criminal as a member of society: (2)
- Toward his dependents, family and associates and their relationship with him
- His relationship towards society at large and the State.
Title of P.D. No. 968
Probation of Law of 1976
What is probation?
A disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer
Three-fold purpoes of the Probation Law of 1976: (3)
- PROMOTE the correction and rehabilitation of an offender by providing him with individualized treatment
- PROVIDE an opportunity for the reformation of a penitent offender, which might be less probable if he were to serve a prison sentence
- PREVENT the commission of offenses
To be eligible for probation, the maximum term of imprisonment imposed should not exceed how many years?
6 Years
Prcoedure in applying for probation: (7)
- Within the period for perfecting an appeal, an application for probation must be filed with the trial court
- Upon receipt of the application for probation, the court shall suspend the execution fo the sentence
- The court shall issue an order to probation officer to conduct a post-sentence investigation
- Pending submission of the investigation report and the resolution of the application, the defendant may be allowed on temporary liberty under his bail filed in the criminal case. If no bail was filed or the defendant is incapable of filing one, the court may allow the release of the defendant on recognizance to the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court
- The probation officer shall submit the investigation report to the court not later than 60 days from receipt of the order of said court to conduct the investigation
- If application is granted, the court shall issue a probation order
When must application for probation be made?
Within the period for perfecting an appeal (to avail of probation at the first opportunity)
What is the effect of filing of the application for probation? What is its exception?
It operates as a waiver of the right to appeal
Exception is when the convict may file for probation if appeal is for conviction imposing a non-probationable penalty which is modified on appeal to a probationable penalty
Where should the application for probation be filed?
At the trial court which rendered the judgment of conviction.
If it is based on a modified decision imposing a probationable penalty, it shall be filed in the trial court where the judgment of conviction imposing a NON-probationable penalty was rendered or where such case has since been re-reraffled
Is a waiver of right to appeal, revocable? How? (3)
Yes. It must be withdrawn:
1. In its initial stages; and
2. PRIOR to the submission of a post-sentence investigation report; and
3. Within the period interposed an appeal from the adverse decision
Criteria for placing an offender on probation (5)
- Character
- Antecedents
- Environment
- Mental condition
- Phyiscal condition of the offender
When shall probation be denied? (3)
If the court finds that:
1. The offender is in need of CORRECTIONAL TREATMENT that can be provided most effectively by his commitment to an institution
2. There is an UNDUE RISK that during the period of probation, the offender will commit another crime
3. Probation will DEPRECIATIE THE SERIOUSNESS of the offense committed
Is grant of probation automatic?
No. Probation is a privilege. Its grant rests upon the discretion of the court
Who are disqualified from being placed on probation? (5)
- Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN 6 YEARS
- Those convited by ANY CRIME AGAINST THE NATIONAL SECURITY
- Those who were PREVIOUSLY CONVICTED BY FINAL JUDGMENT of an offense punished by IMPRISONMENT of MORE THAN 6 MONTHS AND ONE DAY and/or a fine of more than P1,000.00
- Those WHO BEEN ONCE ON PROBATION under the provisions of the Decree
- Those who are ALREADY SERVING SENTENCE at the time the substantive provisions of the Decree became applicable pursant to Section 33 thereof
Is Probation Law applicable under RA 9165? (Comprehensive Dangerous Drugs Act)?
No, except for FIRST-TIME MINOR offenders of the crimes of POSSESSION or USE of dangerous drugs, even if the sentence provided under the Act is higher than that provided under the existing law on probation
Condtions of probation (3)
- Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order WITHIN 72 HOURS from receipt of the order
- Report to the probation officer AT LEAST ONCE A MONTH at such time and place as specified by said officer
- Those the court may also require under sub-paragraphs (a) - (k) of Section 10 of the Decree
What are the 2 kinds of conditions for probation? (2)
- General or mandatory
- Special or discretionary
What are the mandatory conditions for probation? (2)
- Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order WITHIN 72 HOURS from receipt of the order
- Report to the probation officer AT LEAST ONCE A MONTH at such time and place as specified by said officer
What are the special or discretionary conditions for probation?
Those the court may also require under sub-paragraphs (a) - (k) of Section 10 of the Decree
How long may a convict be placed on probation? (3)
- If term of imprisonment is NOT MORE THAN 1 YEAR, probation shall NOT EXCEED 2 YEARS
- If imprisonment is MORE THAN 1 YEAR, probation shall NOT EXCEED 6 YEARS
- If FINE ONLY and made to serve subsidiary imprisonment, probation shall be TWICE THE TOTAL NUMBER OF DAYS OF SUBSIDIARY IMPRISONMENT
When shall the probationer serve the penalty imposed for the offense under which he was placed on probation? (2)
- FAILURE of the probationer to COMPLY WITH ANY OF THE CONDITIONS prescribed in the order; or
- COMMISSION OF ANOTHER OFFENSE
When may a probationer arrested?
For any SERIOUS violation of the conditions of probation
When and how is probation terminated? (2)
- After period of probation and
- Upon consideration of the report and recommendation of the probation officer,
the court 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
The effects of the final discharge of the probationer (2)
- RESTORE to him ALL CIVIL RIGHTS LOST OR SUSPENDED as a result of his conviction
- TOTAL EXTINGUISH HIS CRIMINAL LIABILITY
