ISL and Probation Flashcards by Karla Niere

Title of Act no. 4103

Indeterminate Sentence Law (ISL)

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What is an indeterminate sentence

A prison term which consists of a minimum and a maximum term

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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

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Purpose of the ISL

To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness

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What is the aim of the ISL

To individualize the administration of our criminal law

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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

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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

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What is the maximum term when the crime is punished by a special law?

Shall not exceed the maximum fixed by such law

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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

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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

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Does the ISL apply to indivisible penalties?

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When is the application of the ISL mandatory?

When the imprisonment would exceed one year

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Does the ISL apply to recidivists?

Yes, for the first time

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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

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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

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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)

1. Character 2. Antecedents 3. Environment 4. Mental condition 5. 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)

1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN 6 YEARS 2. Those convited by ANY CRIME AGAINST THE NATIONAL SECURITY 3. 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 4. Those WHO BEEN ONCE ON PROBATION under the provisions of the Decree 5. 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)

1. 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 2. Report to the probation officer AT LEAST ONCE A MONTH at such time and place as specified by said officer 3. 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)

1. General or mandatory 2. Special or discretionary

What are the mandatory conditions for probation? (2)

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)

1. If term of imprisonment is NOT MORE THAN 1 YEAR, probation shall NOT EXCEED 2 YEARS 2. If imprisonment is MORE THAN 1 YEAR, probation shall NOT EXCEED 6 YEARS 3. 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)

1. FAILURE of the probationer to COMPLY WITH ANY OF THE CONDITIONS prescribed in the order; or 2. 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)

1. After period of probation and 2. 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)

1. RESTORE to him ALL CIVIL RIGHTS LOST OR SUSPENDED as a result of his conviction 2. TOTAL EXTINGUISH HIS CRIMINAL LIABILITY