MIDTERMS Flashcards
The three major problems facing corrections in the Philippines today that needs remedy are the following:
- JAIL AND PRISON CONJESTION
- THE INADEQUACY OF TRAINING PROGRAMS FOR PERSONNEL AND INSTITUIONAL AND NON-INSTITUTUINAL CORRECTIONS
- THE NEED TO GIVE PREFERENTIAL ATTENTION TO IMPROVING THE QUALITY OF SERVICES IN THE REHABILITATION OF OFFENDERS
Is the method whereby the offender is made to undergo correctional or rehabilitation programs and processes while serving at the same time his sentence in prison or jail.
INSTITUTIONAL CORRECTIONS
Refer to that method of correcting sentenced offenders without having to go to prison. The advantages of this is that it is less costly on the part of the government, the offender’s family need not suffer since the offender will not be sent away from them and he will still be able to go on with his life and livelihood thereby enabling him to support his family.
NON-INSTITUTIONAL CORRECTIONS
The community will also be involved so that crime becomes less hard to control. In fact, it has been widely accepted that incarceration or imprisonment should be imposed on society’s offenders only as a last resort, and that community-based treatment should instead be promoted whenever possible and feasible to hasten offenders’ reintegration.
NON-INSTITUTIONAL CORRECTIONS
Shall refer to Absolute Pardon with or without parole conditions and Commutation of Sentence as may be granted by the President of the Philippines upon the recommendation of the Board of Pardons and Parole.
EXECUTIVE CLEMENCY
Under the law, the President has the power to grant pardons, commutations, reprieves, amnesty for all offenses except impeachment cases and remit fines and forfeitures after the recipient has been convicted.
EXECUTIVE CLEMENCY
Government Agencies involved in Non-Institutional Corrections in the Philippines:
- PAROLE AND PROBATION ADMINISTRATION (PPA)
- BOARD OF PARDONS AND PAROLE (BPP)
Is the agency in charge with the release of sentenced prisoners based on modes specified by law. Its actions and proceedings are governed by the provisions of Section 4 of Act No. 4103, Executive Order No. 292, series of 1987, otherwise known as the Administrative Code of 1987.
BOARD OF PARDONS AND PAROLE
Section 4 of Act No. 4103, Executive Order No. 292, series of 1987, otherwise known as the _____.
ADMINISTRATIVE CODE OF 1987
Is a form of executive clemency granted by the President of the Philippines as a privilege extended to a convict as a discretionary act of grace. Neither the legislative nor the judiciary branch of the government has the power to set conditions or establish procedures for the exercise of this Presidential prerogative.
PARDON
It is highly political in nature and is usually granted in response to popular clamor or to aid in the return to normalcy of a political situation that might affect the country if not addressed.
PARDON
Two Kinds of Pardon in the Philippines:
- ABSOLUTE PARDON
- CONDITIONAL PARDON
Refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for the particular offense of which he was convicted.
ABSOLUTE PARDON
Refers to the exemption of an individual, within certain limits or conditions; from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability. It is also granted by the President of the Philippines to release an inmate who has been reformed but is not eligible to be released on parole.
CONDITIONAL PARDON
Is a general pardon extended to a certain class of people who are usually political offenders. While pardon is likewise issued by the President and is also political in nature, it is an exclusive act of the President where the courts and Congress has no say whatsoever.
AMNESTY
Is also another prerogative exercised by the President of the Philippines. Generally, is applied to death sentences already affirmed by the Supreme Court. But it can also be invoked in another cases that have become final.
REPRIEVE
Is the temporary stay of the execution of a sentence. In death sentences, the date of execution of the death convict is held in abeyance for a certain period to enable the Chief to temporarily stay execution of sentence.
REPRIEVE
Shall refer to the reduction of the duration of a prison sentence. It is another prerogative of the President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. Death sentences or life imprisonment is reduced to a shorter sentence.
COMMUTATION OF SENTENCE
Does not forgive the offender but merely reduces the penalty of life imprisonment or death sentence for a term of years.
COMMUTATION
Defined it as “a method of selectively releasing an offender from an institution prior to completion of his maximum sentence, subject to conditions specified by the paroling authority, a method whereby society can be protected and the offender can be provided with a continuing treatment and supervision in the community.”
PAROLE
The release of prisoners before the expiration of his maximum sentence is what is called _____.
PAROLE
Is another form of non-institutional corrections practices that gives a sentenced convict the chance to reform and rehabilitate himself without having to spend time in jails.
PROBATION
Does not confine to a prison a sentenced prisoner but rather he will be released and undergo personalized community based treatment, while in parole, the parolee will have to serve a portion of his sentence before he is eligible for parole.
PROBATION
Otherwise known as the Child and Welfare Code
PRESIDENTIAL DECREE 603
Presidential Decree 603
OTHERWISE KNOWN AS THE CHILD AND WELFARE CODE
For those who have already served the maximum period of the imposable penalty in detention but those cases are still pending in the court
BATAS PAMBANSA BILANG 85
Otherwise known as the Law on Release on Recognizance.
REPUBLIC ACT 6036
Places under the custody of prominent persons in the community for those who cannot post bail, persons charged with offenses involving violation of a municipal or city ordinance and in criminal cases where the prescribed penalty is not higher than arresto mayor (six months) and/or a fine of two thousand pesos or both.
LAW ON RELEASE ON RECOGNIZANCE OR REPUBLIC ACT 6036
Republic Act 6036
OTHERWISE KNOWN AS THE LAW ON RELEASE ON RECOGNIZANCE
Full deducts the period of the offender’s preventive detention from the sentence imposed by the Courts.
REPUBLIC ACT 6127
Also provides that in meritorious cases, the commutation of the prisoner’s sentence through Presidential Action shall be upon the recommendation of the court, which imposed the same.
REVISED PENAL CODE ARTICLE 96
Provides among others, that for criminal offenses impossible with an imprisonment of thirty (30) days for less, the partial thereto, must first try to settle the case amicably at the barangay level, and only when no settlement can be reached, will a complaint be entertained by the court.
PRESIDENTIAL DECREE NO. 1508
Is defined as a “process whereby all parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future. It is an approach in administering justice that focuses on repairing the harm done to the victim and the community.
RESTORATIVE JUSTICE
Who first initiated probation in England on 1841 by applying this to juvenile delinquents.
MATTHEW DAVENPORT HILL
When did Matthew Davenport Hill initiated the first probation in England?
1841
A shoemaker who serve as a responsible person for the release of a confirmed drunkard from the Police Court of Boston. This offender in his custody turned “sober, and industrious citizen and this resulted to the passage of first Probation Law in April 26, 1878 which was signed by Governor Alexander H Rice, in Massachusetts.
JOHN AUGUSTUS
Who signed the first Probation Law in April 26, 1878 in Boston, Massachusetts?
GOVERNOR ALEXANDER H RICE
When did Governor Alexander H Rice signed the first Probation Law in Boston, Massachusettes?
APRIL 26, 1878
When was the probation first introduced in the Philippines?
DURING THE AMERICAN COLONIAL PERIOD 1898-1945
This law created a Probation Office under the Department of Justice.
ACT NO. 4221
What is the first probation law in the Philippines?
ACT NO. 4221
When was the Act No. 4221 enacted?
AUGUST 7 1935
When did the Supreme Court of the Philippines declared the Probation Law unconstitutional because of some defects in the law’s procedural framework?
NOVEMBER 16, 1937
In 1972, _____ was filed in Congress, which would establish a probation system in the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The bill was passed by the House of Representatives, but was pending in the Senate when Martial Law was declared and Congress was abolished.
HOUSE BILL NO. 393
When was House Bill No. 393 filed in the Congress?
1972
This bill was passed by the House of Representatives, but was pending in the Senate when Martial Law was declared and Congress was abolished.
HOUSE BILL NO. 393
When did the National Police Commission Interdisciplinary drafted a Probation Law?
1975
Who drafted a Probation Law in 1975 (Adult Probation System in the Philippines)?
NATIONAL POLICE COMMISSION INTERDISCIPLINARY
Also known as Adult Probation Law of 1976.
PRESIDENTIAL DECREE NO. 968
Presidential Decree No. 968
OTHERWISE KNOWN AS ADULT PROBATION LAW OF 1976
When was the Presidential Decree No. 968 (Adult Probation Law of 1976) was signed into Law by the President of the Philippines?
JULY 24, 1976
How many selected probation officers were sent to U.S.A. for orientation and training in probation administration. Upon their return, they were assigned to train the newly recruited probation officers?
FIFTEEN
When did the probation system started to operate in the Philippines, as more probation officers were recruited and trained, more field offices were opened. There are at present 204 field offices spread all over the country, supervised by 15 regional offices?
JANUARY 3, 1978
It was created by virtue of Presidential Decree No 968 (The Probation Law of 1976) as a government agency under the Department of Justice mandated to perform the following functions:
1. Administer the parole and probation system;
2. Exercise supervision over parolees, pardonees and probationers;
3. Exercise supervision over first-time minor drug offenders;
4. Exercise supervision over offenders released on recognizance.
PAROLE AND PROBATION ADMINISTRATION (PPA)
It was enacted on August 7, 1935 as the first probation law of Philippines during the American colonial period, creating the Probation Office under the Department of Justice.
ACT NO. 4221
When did the Supreme Court of the Philippines in People, et al vs. Jose O. Vera, et al declared the Probation Law unconstitutional on the grounds that; (a) it encroaches upon pardoning power of the President; (b) it made undue delegation of legislative power to the provincial boards; and ( c ) it contravened the equal protection of the law clause?
NOVEMBER 16, 1937
Known as “ The Administration Code of 1976” , it was promulgated on November 23, 1989, renamed the Probation Administration into “Parole and Probation Administration” which was given the added function of supervising prisoners who, after serving part of their sentence I jails, are released on parole with parole conditions.
EXECUTIVE ORDER NO. 292
EXECUTIVE ORDER NO. 292
OTHERWISE KNOWN AS THE ADMINISTRATION CODE OF 1976
When was the Executive Order No. 292 promulgated?
NOVEMBER 23, 1989
Renamed the Probation Administration into “Parole and Probation Administration”.
EXECUTIVE ORDER NO. 292
ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
PRESIDENTIAL DECREE NO. 968
This Decree shall be known as the Probation Law of 1976. It shall apply to all offenders except those entitled to the benefits under the provisions of Presidential Decree numbered Six Hundred and three and similar laws.
PRESIDENTIAL DECREE NO. 968
Presidential Decree No. 968
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
Is 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.
PROBATION
Is derived from the Latin word “probare” meaning “ to prove”.
PROBATION
The word probation is derived from the Latin word _____ meaning “to prove”.
PROBARE
The word probation is derived from the Latin word “probare” meaning _____.
TO PROVE
Means a person placed on probation.
PROBATIONER
Means one who investigates for the court a referral for probation or supervises a probationer or both.
PROBATION OFFICER
It was enacted on July 27,2005 amending Section 4 (grant of probation), 9 (disqualified offender), 16 (termination of probation), 24 (miscellaneous power of regional, provincial or city probation officers), 27 (field assistants, subordinate personnel), 28 (volunteer probation assistants) of PD 968.
REPUBLIC ACT NO. 10707
When was Republic Act No. 10707 enacted, amending Section 4 (grant of probation), 9 (disqualified offender), 16 (termination of probation), 24 (miscellaneous power of regional, provincial or city probation officers), 27 (field assistants, subordinate personnel), 28 (volunteer probation assistants) of PD 968?
JULY 27, 2005
No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.
POST-SENTENCE INVESTIGATION
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. The court shall resolve the petition for probation not later than five days after receipt of said report.
60 DAYS
The probation officer shall submit to the court the investigation report on a defendant not later than sixty days from receipt of the order of said court to conduct the investigation. The court shall resolve the petition for probation not later than _____ after receipt of said report.
FIVE DAYS
Criteria for Placing an Offender on Probation
(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Disqualified Offenders
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.
Conditions of Probation
a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said officer.
A mode or manner of supervision by which the probationer is required to report more than twice a month.
MAXIMUM SUPERVISION
A mode or manner of supervision by which the probationer is required to report at least twice a month.
MEDIUM SUPERVISION
A mode or manner of supervision by which the probationer is required to report once a month.
MINIMUM SUPERVISION
Probation Officers
- PROBATION ADMINISTRATOR
- ASSISTANT PROBATION ADMINISTRATOR
- REGIONAL PROBATION OFFICER
- ASSISTANT REGIONAL PROBATION OFFICER
- PROVINCIAL AND CITY PROBATION OFFICERS
- FIELD ASSISTANTS / SUBORDINATE PERSONNEL
- PROBATION AIDES
Citizens of good repute and probity to act as _____.
PROBATION AIDES
Recognized as the father of probation in America, he was born in Woburn, Massachusetts in 1785. he became permanent resident of Boston by 1829 and owned a successful boot-making business. He is recognized as the father of probation in America being the first true probation officer.
JOHN AUGUSTUS
He was born in England, United Kingdom on August 6, 1792. he became lawyer in 1819 and appointed as the town’s recorder (judge) in 1839. A young professional in England who had witnessed the sentencing of youthful offenders to one-day terms on the conditions that they be returned to a parent or guardians who would closely supervise them.
MATTHEW DAVENPORT HILL
He was born in Grattan, Kent County, Michigan, USA on November 7,1854. He was a Chaplain of the County Jail and Representative of the Boston Children’s Aid Society. He carried the work of Augustus by adopting the same procedure on probation developed by Augustus. However, investigations were scanty, probation periods short, and plants of treatment and supervision were not much in evidence.
RUFUS R. COOK (FR. COOK)
He was born in East Alstead, New Hampshire in 1812. He moved to Boston, Massachusetts in 1843 and found employment in the Boston Police Department in 1851 as Deputy Chief of Police and later became the Chief of Police of the said police department.
EDWARD H. SAVAGE
Recognized as the Father of Probation in the Philippines, he was born in Manila on September 14, 1948. He became representative of the Philippine congress for the periods 1965-1969; 1984-1986; and 1992-1998.
TEODULO C. NATIVIDAD
In 1972, he and Congressman Ramon Bagatsing introduced House Bill No. 393 adopting probation in the Philippines and avoiding the objection features of Act 4221 that struck down the 1935 law as unconstitutional. However, it was pending in the senate when Martial Law was declared and Congress was abolished.
TEODULO C. NATIVIDAD
In 1975, he proposed a probation decree which was presented on April 24, 1976 at the seminar on probation system sponsored by the National Police Commission (NAPOLCOM) at the Up Law Center. After having undergone eighteen (18) technical hearings, the decree, now known as PD 968, was approved by President Marcos on July 24, 1976.
TEODULO C. NATIVIDAD
He was born in Fabrica, Sagay, Negros Occidental on August 19, 1916. As a lawyer, he became congressman in 1957 in the third district of Manila as his entry in Philippine politics.
RAMON BAGATSING
He joined Congressman Teodulo C. Natividad in introducing House Bill No. 393 for the passage of probation law in the Philippines but was pending in the Senate when Martial Law was Proclaimed in 1972.
RAMON BAGATSING
What Law amended Presidential Decree No. 968 otherwise known as the Probation Law of 1976
PRESIDENTIAL DECREE NO. 1990
Presidential Decree No. 1990
OTHERWISE KNOWN AS AMENDING PRESIDENTIAL DECREE NO. 968
An Act providing that bail shall not, with certain exceptions, be required in cases of violating of municipal or city ordinances and in criminal offenses when the prescribed penalty for such offenses is not higher than arresto mayor and/or a fine of two thousand pesos or both.
REPUBLIC ACT NO. 6036
When was Republic Act No. 6036 approved?
AUGUST 4, 1969
