Beruflich Dokumente
Kultur Dokumente
What is Probation? ans.- is a disposition under which a defendant after conviction and senten
Who can apply for Probation? ans. any first time convicted offender who is 18 years old or ab
Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenil
Where shall an application for Probation be filed? ans. the application shall be filed with th
What will happen if the application for Probation is denied? ans. the offender will be sen
When should an application for Probation be filed? ans. anytime before the offender start
May an offender be released from confinement while his application for Probation is p
How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial court may suspend the exec
2. Probation may be granted whether the sentenced imposed a term of imprisonment or fine
3. No application for probation shall be entertained or granted if the defendant has perfected
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by th
Will Probation be automatically granted to one whose sentence is 6 years or less? ans
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the cour
Probation is not coterminous with its period. There must be an order issued
by the court discharging the probationer. Upon
finding that he has fulfilled the terms and conditions of his probation, the court may orde
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are
restored.
c. offender's liability for any fine imposed is
discharged.
What is Parole? ans. it is the release of a prisoner from prison after serving the minimum perio
Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment
Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under
When may a prisoner be granted parole? ans. whenever the board of pardon and parole fin
What happens if a parolee violates the conditions of his parole? ans. he shall be rearres
What is executive clemency? ans. it refers to the commutation of sentence, conditional pardo
What is commutation of sentence? ans. it is the reduction of the period of a prison sentence
What is conditional pardon? ans. it is the conditional exception of a guilty offender for the pu
What is absolute pardon? ans. it is the total extinction of the criminal liability of the individua
Who may file a petition for conditional pardon? ans. a prisoner who has served at least on
Who may grant commutation of sentence and pardon? ans. the president.
Who may file a petition for commutation of sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:
at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or
at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonme
at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committ
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonm
at least 20 years for those sentenced to death which was automatically commuted or redu
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardo
1. promote the correction and rehabilitation of an offender by providing him with individualiz
2. provide an opportunity for the reformation of a penitent offender which might be less prob
3. prevent the commission of offenses.
Probationer - a person placed on probation.
Probation officer - one who investigates for the court a referral for probation or supervises a p
The Probation administration shall be headed by the Probation administrator who shall be
There shall be an assistant probation administrator who shall assist the administrator perf
2. holder of a masters degree or its equivalent in either criminology, social work, corrections
3. at least 5 years of supervisory experience or be a member of the Philippine bar with at lea
Regional Probation officer and Assistant regional Probation Officer - appointed by the p
Provincial and City Probation officer - appointed by the Secretary of justice upon the recomm
Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.
1. Bachelors degree with a major in social work, sociology, psychology, criminology, penolog
2. at least 3 years in work requiring any of the above mentioned disciplines or is a member o
when practicable, the provincial or city probation officer shall be appointed from among q