NON CONSTITUTIONAL CORRECTION MIDTERM Flashcards
– Boston shoemaker
- considered as the Father of Probation
John Augustus
– considered the Father of probation in England
Matthew Davenport Hill
– the first State where the first practical demonstration of the first use of the term as
a court service and the enactment of the first probation law occurred
Massachusetts
– recognized as the Father of Philippine Probation
- first administrator of PPA-DOJ
Teodulo C. Natividad
is a procedure wherein a sentence of offender is temporarily suspended and he is
permitted to remain
Probation
in the community, subject to the control of the court and under the supervision and guidance
of a probation officer. It is a privilege granted by the court to a person convicted of a crime or criminal offense to
remain with the community instead of actually going to prison.
probation
otherwise known as the Probation Law of 1976 recognizes such trend.
However, the Decree separates adult probation from juvenile probation for it expressly excludes those entitled
to the benefits under the provisions of
Presidential Decree No. 968
, known as the Child and Youth Welfare Code,
and similar laws.
Presidential Decree No. 603
Latin word “probatio” which means .
testing
probare” which means to .
prove
, defines probation
as, “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
– Means friend of the court
Amicus Curiae
– a convicted accused whose application for probation has been given due
course by the court but fails to report to the Parole and Probation Office or cannot be located within
a reasonable period of time.
Absconding Petitioner
– an accused whose probation was granted but failed to report for
supervision within the period ordered by the court or a probationer who fails to continue reporting for
supervision and/or whose whereabouts are unknown for a reasonable period of time.
Absconding Probationer
– lawyer of the petitioner
Defense Counsel/Counsel
– application for probation.
Petition
– a convicted defendant who files an application for probation.
Petitioner
– means a person placed on probation.
Probationer
– 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
– The process of selection, diagnoses and planning with the client
Probation Investigation
– The continuous process of helping the client to follow through with the
plans, reevaluation and working with the client in the process of planning his life to meet dynamic
situation.
Probation Supervision
– public officer like the Chief Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior Probation and Parole Officer (SrPPO), Parole and
Probation Officer II (PPOII), or Parole and Probation Officer I (PPOI), who investigates for the Trial
Court a referral for probation or supervises a probationer or does both functions and performs other
necessary and related duties and functions as directed.
Probation Officer
– refers either to the Provincial or City Probation Office directed to conduct
investigation or supervision referrals as the case may be;
Probation Office
– order of the trial court granting probation
Probation Order
- lawyer of the victim.
Prosecutor
– refers to the Regional Trial Court (RTC) of the Province or City/Municipal Court which
has jurisdiction over the case.
Trial Court
– is a strategy by which the parole and probation administration may be able to
generate maximum citizen participation or community involvement in the overall process of client
rehabilitation
Volunteerism
The basic legal conceptions of probation in the Decree are twofold
First, it as a conditional suspension
of the execution of sentence
Second, it is a personal care or treatment and supervision
is an indispensable requisite to a grant of probation.
The Post-Sentence Investigation
provides: “During the period of probation the court, motu proprio, or on motion of
the probation officer or of the probationer, may revise or modify the conditions or terms of the probation
order.” I
Section 32
a fact finding inquiry into all information relative to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources
post sentence investingation
“If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed and shall commit the probationer.”
Section 40
temporary suspension of the execution of sentence by the judge either before or after judgment
Judicial Reprieve
the sending or putting away of an offender to another colony.
It was an attempt to substitute for brutal punishment at home an opportunity for rehabilitation in a new country.
Transportation/ Deportation
a misdemeanant bound himself before the court to “keep the peace and be on good behavior”
release of recognizance
