PAROLE Flashcards
It is the conditional release of a prisoner from correctional institution after serving the minimum period of his sentence.
PAROLE
Essential Elements of Parole
• That the offender is convicted;
• The he serves part of his sentence in prison;
• That he is release before the full expiration of his sentence;
• That said release is conditional, defending on his good behavior and;
• That he remains on parole until expiration of his maximum sentence.
The minimum penalty of parole is __________next lower to the penalty prescribed for the offense.
one degree
The first parole law was passed in___________ in 1837.
Massachusetts
He introduced a system whereby a prisoner was given a “ticket of leave “(the equivalent of parole) after earning a certain required number of marks, from this, He gained the fame as father of parole
Alexander Maconochie
Act No. 4103, as amended, otherwise known as the “______________________” which was approved on December 5, 1933.
Indeterminate Sentence Law
Indeterminate Sentence Law
Act. No. 4103
Parole in the Philippines is administered by?
Board of Pardons and Parole
Who is the chairman of Board of pardon and parole?
Secretary of Justice
The Four members of BPP shall be appointed by who? (1)
with the consent of? (2)
- President
- Commission on Appointments
TRUE OR FALSE
At least one member of the BPP must be a woman.
TRUE
It is created by virtue of Act No. 4103 (1933) known as the Indeterminate Sentence Law
Board of Pardon and Parole
What Agency is Board of Pardon and Parole belong to?
It is an agency under the DEPARTMENT OF JUSTICE (DOJ)
It is distinguished from a determinate sentence when the sentence provides for a minimum period and a maximum period
indeterminate sentence
it has only one period in the sentence of the court.
determinate sentence
TRUE OR FALSE
Recidivist are not entitled to Indeterminate sentece
FALSE
(correct answer)
RECIDIVIST ARE ENTITLED TO INDETERMINATE SENTENCE
TRUE OR FALSE
If you are sentenced to the penalty of DESTIERRO you are qualified to Parole.
FALSE
(correct answer)
PENALTY OF DESTIERRO IS IN THE LIST OF DISQUALIFICATION TO GRANT A PAROLE.
TRUE OR FALSE
A minor who escape from confinement in the reformatory is entitled to the benefits of IS because his confinement is not considered as imprisonment
TRUE
Any infraction by a client of the terms and condition appearing in release document or any serious deviation or non-observance of the obligations set in the parole supervision program shall immediately reported by his Parole and Probation Officer to the _________
BOARD
After the expiration of the maximum period of the sentence of a client provided he does not commit any infraction and the Board may, upon the recommendation of the Parole and Probation Officer, issue a certificate of _______________ and _______________
Final Release and Discharge to a Parole.
TRUE OR FALSE
Parole is an Administrative Function of the executive branch of the government while
Probation is a Judicial Function
TRUE
TRUE OR FALSE
Probation is an extension of institutional treatment, while Parole is a substitute for imprisonment.
FALSE
(correct answer)
Parole is an extension of INSTITUTIONAL TREATMENT, while
Probation is a SUBSTITUTE FOR IMPRISONMENT
It refers to a parolee/pardonee who is placed under supervision of a Probation and Parole Officer;
Client
It refers to the Conditional Pardon/Absolute Pardon issued by the President of the Philippines to a prisoner or to the “Discharge on Parole” issued by the Board;
Release Document
It refers to the supervision/surveillance by a Probation and Parole Officer of a parolee/pardonee;
Parole Supervision
It 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;
Summary Report
It refers to the report submitted by the Probation and Parole Officer on the conduct of the parolee/pardonee while under supervision;
Progress Report
refers 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.
Infraction Report
It refers the Commutation of Sentence, Absolute Pardon, and Conditional Pardon, with or without the parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.
Executive Clemency
Executive Clemency may be granted by the _________________ upon the recommendation of the Board of Pardon and Parole.
PRESIDENT OF THE PHILIPPINES
A formal petition for Executive Clemency must address to “The President of the Philippines” through the ________ of Board of Pardon and Parole. In other words, it was the duty of Board of Pardons and Parole to file an executive clemency to the office of the President.
Chairman
It refers to the prisoner who applies for the grant of executive clemency or parole;
Petitioner
An act of grace proceeding from the power entrusted with the President which exempts the individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed.
PARDON
Refers to the total extinction of criminal liability of the individual to whom, it is granted without any condition whatsoever and restores to the individual to his civil rights and the penalty imposed for the particular offense of which he was convicted.
Absolute Pardon
It is given without any condition attached. But it does not operate to restore the right to hold public office or the right of suffrage, unless such rights are expressly restored by the terms of pardon. It becomes effective once if it is granted and there is no need for the offender to accept it.
Absolute Pardon
Refers to the exemption of an individual, within certain limits or conditions, from the punishment, which the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability.
Conditional Pardon
It is given with condition/s attached. It must be accepted by the offender to become effective
Conditional pardon
The prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or definite sentence.
Conditional Pardon
TRUE OR FALSE
Pardon can be extended in case of impeachment;
FALSE
(correct answer)
Pardon CANNOT be extended in case of impeachment;
TRUE OR FALSE
No pardon, parole, or suspension of sentence for violation of election laws may be granted without favorable recommendation of Commission on Elections (COMELEC);
TRUE
TRUE OR FALSE
Pardon is exercised only after conviction by final judgment; and
TRUE
TRUE OR FALSE
No pardon may be exercised over a civil contempt.
TRUE
It is an act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, rebellion
Amnesty
What does OBLIVION means?
State of Forgetfulness
is a fact need not be proved. Any person who claims that pardon has been granted must prove it in court, unlike amnesty.
Judicial notice
It is the power of the President to prevent the collection of fines or the confiscation of forfeited property.
Remission of fines or forfeitures
It refers to temporary stay or postponement of sentence
Reprieve and Suspension of sentence
_______________is done for an indefinite time, while reprieve is done to a fixed or definite date.
suspension of sentence
is an act of the President reducing the penalty of a convict. An example of this is if the penalty of death is commuted (reduced) to life imprisonment or reclusion perpetua.
Commutation
It was________ which provided for the legal duration of reclusion perpetua as 20 years and 1 day to 40 years.
RA. 7659
