non-institutional correction

Question 1

was created pursuant to Act No. 4103,
as amended. It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.

Answer 1

board of pardons and parole

Question 2

board of pardons and parole functions

Answer 2

1. To grant parole to qualified prisoners;
2. To recommend to the President the grant of pardon and other forms of executive clemency;
3. To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their final release and discharge.

Question 3

Basis for Grant of Parole

Answer 3

1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, her she will live and remain at liberty without violating the law; and
3. His or her release will not be incompatible with the
   welfare of society.

Question 4

How May Executive Clemency Be Exercised?

Answer 4

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Question 5

refers to the reduction of the duration of a prison sentence of a prisoner.

Answer 5

commutation

Question 6

Commutation Allowed When:

Answer 6

1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the
   death penalty

Question 7

An act of grace, proceeding from the power entrusted with the execution of the laws, Exempts the individual from the penalty of the crime he has committed.

Answer 7

absolute pardon

Question 8

If delivered and accepted, it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition.

Answer 8

conditional pardon

Question 9

refers to the deferment of the implementation of the sentence for an interval of time; it does not annul the sentence but merely postpones or suspends its execution

Answer 9

reprieve

Question 10

Basis for Grant of Executive Clemency

Answer 10

The BPP recommends to the President the grant of executive clemency when any of the following circumstances are present:

1. The trial or appellate court recommended in its decision the grant of executive clemency for the prisoner
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed
3. Offender qualifies as a youth offender at the time of the commission of the offence
4. Prisoner is seventy years old and above;
5. Prisoner is terminally-ill;
6. Alien prisoners where diplomatic considerations and amity among nations necessitate review and
7. Other similar or analogous circumstances whenever the interest of justice will be served thereby

Question 11

When Applications for Executive Clemency will not be

Favourably Acted Upon by The Board of Pardon and Parole

Answer 11

Favourably Acted Upon by The Board of Pardon and Parole

1. Convicted of evasion of service of sentence;
2. Who violated the conditions of their conditional pardon;
3. Who are habitual delinquents or recidivists;
4. Convicted of kidnapping for ransom;
5. Convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs Act of 2002;
6. Convicted of offences committed under the influence of drugs
7. Whose release from prison may constitute a danger to society.

Question 12

Issues Confronting The Philippine Corrections System

Answer 12

1. Overcrowding of Certain Prison Institutions/Jails
2. Fragmented Set-Up of the Corrections System
3. Lack of Information Technology Systems and Expertise
4. Lack of/Inadequate Training - lack of awareness and understanding by some prison/jail officials and staff on the rights of inmates.

Question 13

Minimum Requirements A Prisoner Must Meet Before Petitions for commutation of sentence

Answer 13

1. The prisoner shall have served at least one-third (1/3)
   of the minimum of his indeterminate and/or definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to
   Reclusion Perpetua or Life imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty (40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and other special laws committed on or after January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment.
5. At least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were automatically reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment.

Question 14

Minimum Requirements A Prisoner Must Meet Before Petitions for Conditional Pardon

Answer 14

The prisoner shall have served at least one-half (1/2) of
the minimum of his original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in Republic Act No. 7659 and other special laws, he shall have served at least one-half (1/2) of the maximum of his original indeterminate sentence before his case may be reviewed for conditional pardon.

Question 15

Minimum Requirements A Prisoner Must Meet Before Petitions for Absolute Pardon

Answer 15

After he has served his maximum sentence or granted final release and discharge or court termination of probation. However, the Board may consider a petition for absolute pardon even before the grant of final release and discharge under the provisions of Section 6 of Act No. 4103, as amended, as when the petitioner: (1) is seeking an appointive/elective public position or reinstatement in the government service; (2) needs medical treatment abroad which is not available
locally; (3) will take any government examination; or
(4) is emigrating.

Question 16

Where the penalty imposed exceeds three years,

the offender shall serve his or her sentence in the penal institutions of the BuCor.

Answer 16

Bureau of Correction

Question 17

refers to the institutional record of an inmate which
consists of his mittimus or commitment order issued by the Court after conviction, the prosecutor’s information and the decisions of the trial court and the appellate court, if any; certificate of non-appeal,
certificate of detention and other pertinent documents of the case.

Answer 17

carpeta

Question 18

is a cluster of small jails, each having a monthly average population of ten or less inmates, and is located in the vicinity of the court.

Answer 18

District Jail

Question 19

is defined as a place of confinement for inmates under

investigation or undergoing trial, or serving short-term sentences.

Answer 19

jail

Question 20

refers to the national prisons or penitentiarie managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.

Answer 20

prison

Question 21

refers to the national prisons or penitentiaries
managed and supervised by the Bureau of Corrections,
an agency under the Department of Justice.

Answer 21

prison

Question 22

Where the imposable penalty for the crime committed is more than six months and the same was committed within the municipality, the offender must serve his or her sentence in the provincial jail which is under the Office of the Governor.

Answer 22

provincial jail

Question 23

refers to Reprieve, Absolute Pardon, Conditional
Pardon with or without Parole Conditions and Commutation of Sentence as may be granted by the President of the Philippines.

Answer 23

executive clemency

Question 24

The indeterminate sentence is composed of:

Answer 24

1. a MAXIMUM taken from the penalty imposable under the penal code
2. a MINIMUM taken from the penalty next lower to that fixed in the code.

Question 25

The indeterminate Sentence Law does not apply to certain offenders:

Answer 25

1. Persons convicted of offense 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 maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final judgment.
10. Those sentenced to the penalty of destierro or suspension.

Question 26

Purpose of the indeterminate Sentence Law

Answer 26

to uplift and redeem valuable human materialand prevent unnecessary and excessive deprivation of liberty and economic usefulness

Question 27

The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended.

Answer 27

parole

Question 28

May be given after the prisoner has served the minimum

penalty; is granted by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law.

Answer 28

parole

Question 29

Disqualification for Parole

Answer 29

1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d’etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found guilty of any of said crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.

Question 30

The Board may give special consideration to
the recommendation for commutation of sentence or conditional pardon whenever any of the following circumstances are present

Answer 30

special factors

Question 31

special factors

Answer 31

1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar disabilities;
4. Serious illness and other life-threatening disease as certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.

Question 32

refers to information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he commenced serving his sentence, the date he was received for confinement, the place of confinement, the date of expiration of the sentence, the number of previous convictions, if any, and his behavior or conduct while in prison.

Answer 32

prison board

Question 33

a disposition under which an accused, after conviction

and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.

Answer 33

probation

Question 34

refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision.

Answer 34

progress report

Question 35

efers to the report submitted by the Probation and Parole Officer on violations committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.

Answer 35

infraction report

Question 36

refers to the final report submitted by the
Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release
and discharge.

Answer 36

summary report

Question 37

in law, is the penalty imposed by the court in a criminal

case against a person, known as the “accused”, who is found guilty of committing the crime charged.

Answer 37

sentence

Question 38

is defined as a child, minor or youth who is over

nine years but under eighteen years of age at the time of the commission of the offense.

Answer 38

youth offender