NON INSTITUTIONAL

CORRECTIONS
BY:
ALBERT C. PALOMIQUE,MS CRIM,CSMS,CCSSM
APPROACHES IN PHILIPPINE CORRECTION

Community Based Treatment

Institution Based Treatment
THE INSTITUTION-BASED APPROACH
 The institution-based approach has three levels
and are manned by three different government agencies
responsible for the supervision and control of the
numerous institutional facilities nationwide which
provide safekeeping and rehabilitation of inmates,
namely:
1.The national prison’s and penal farms under The
Department of Justice;
2.The provincial and sub-provincial jails under the
provincial government; and
3.The City, Municipal and District Jails under the
Department of Interior and Local Government.
CORRECTIONAL ADMINISTRATION
Which of these authorizes the release of a
detainee who has undergone preventive
imprisonment equivalent to the maximum
imposable sentence for the offense he is
charged with
a. B.P. Blg. 85 c. PD 29
b. B.P. 22 d. PD 968
 The imprisonment a convicted offender may
serve, for failure to pay a fine and if ordered
to do so by the judgment is referred to as
a. Subsidiary c. Secondary
imprisonment Imprisonment
b. Preventive d. None of
Imprisonment the above
 Which of these is known as the release on
Recognizance Law provides for the release of
offender charged with an offense whose penalty
is not more than six (6) months and/or a fine of
P200.00 or both, to the custody of a responsible
person in the community, instead of a bail bond
-
a. RA 6036 b. RA 6127
c. PD 603 d. R.A. 3660
 OPLAN decongestion was formalized through the
execution of a memorandum of agreement on
February 17, 1993.
Agencies Involved:
 PAO BJMP
 BPP
 PPA
 1. PRESIDENTIAL DECREE NO. 968, as amended, known as the
adult Probation Law, grants probation to prisoners sentenced to
prison terms of not more than six years;
 2. ACT NO. 4103, as amended, creating the Board of Pardons and
Parole tasked to look into the physical, mental and moral record
of prisoners to determine who shall be eligible for parole or
conditional pardon.
 3. PRESIDENTIAL DECREE NO. 603, known as the
child and youth welfare code, suspends sentence of
minor offenders whose ages range from nine (9) years
to under eighteen (18) years and place them in
rehabilitation centers under the supervision of the
Department of Social Welfare and Development
before they are released to the custody of their parents
or to any responsible person; (Amended by RA 9344)
 A child fifteen (15) years of age or
under at the time of the
commission of the offense shall be
exempt from criminal liability.
 A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
 The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance with
existing laws.
 4.REPUBLIC ACT NO. 6036, known as
the release on recognizance law,
provides for the release of offenders
charged with an offense whose penalty
is not more than six (6) months
and/or a fine of Two Thousand pesos
(2,000) or both, to the custody of a
responsible person in the community,
instead of a bail bond;
 5.REPUBLIC ACT NO. 6127, fully deducts the period of
the offenders’ preventive detention from the sentence
imposed by the courts;
 6.BATAS PAMBANSA BILANG 85, authorizes the
release of a detainee who has undergone preventive
imprisonment equivalent to the maximum imposable
sentence for the offense he is charged with’
 7. ARTICLE 96 OF THE REVISED PENAL CODE,
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; and ARTICLE 97, which provides that a prisoner
shall be entitled to a deduction from his prison term for
good conduct;
 8.DEPARTMENT OF JUSTICE MEMORANDUM
CIRCULAR NO. 6 which directs all wardens or anyone
in-charge of local jails to effect the immediate transfer
of national prisoners to the Bureau of corrections.
 Not all convicted offenders have to serve their sentence behind bars.
Some of them are allowed to stay in the community, subject to the
conditions imposed by the court.
 They are either granted probation, parole, conditional pardon or
recognizance. The Parole and Probation Administration under the
Department of Justice is the government agency that supervises the
activities of the probationer, parolee and pardonee and monitors his
compliance with conditions imposed.
 These are programs designed to help an offender be
reformed in the free community . This enables the
offenders in correctional institutions to be reformed
outside the prison after they have completed the
requirements for their release in case of pardon and
parole. In the case of probation, no imprisonment is
required since the sentence is suspended and the
recipient is rehabilitated in the community subject to
certain terms and conditions.
 PAROLE

 CONDITIONAL PARDON

 PROBATION
 A French term for “word” and is used
in the sense “word of honor” (parole d’
honneur).
 Thus the implication is that the
prisoner would give his word of honor
that he would abide by the terms of his
conditional release
 Introduced the “MARK SYSTEM” at Norfolk Island
Penal Colony

 It became the blueprint of present day parole

 definition
“mark system”
 a system for calculating when an offender will be
released from custody, based on both the crime &
his behavior in prison.
 at sentencing: offender is ‘given’ a number of
“marks,” based on offense severity
(≈ a “debt” to society; to be “paid” off)
 for release, offender must earn marks via:
 voluntary labor
 participation in educational, religious programs
 good behavior
 adopted in Ireland, never England

Clear & Cole, American Corrections, 6th

the Irish system
 developed by Sir Walter Crofton
 derived from Maconochie’s mark system
 four-stage program of graduated release,
based on offender performance
 all sentences served in four stages;
move “up” w/ accumulation of marks:
1. solitary confinement -- all start here
2. public works prison -- begin earning marks
3. intermediate stage -- (like half-way house)
after earning enough marks
4. ticket of leave -- conditional release
= precursor of modern parole
Clear & Cole, American Corrections, 6th
 The Irish system paved the way for the
creation of the “ELMIRA REFORMATORY”

 Zebulon R. Brockway- Superintendent of

Elmira Reformatory, using the
indeterminate sentence compulsorily
developed parole which soon spread to
other states of America.
 Act 4103 otherwise known as the “Indeterminate
Sentence Law” governs the Philippine Parole Sys.tem
ESSENTIAL ELEMENTS:
1. the prisoners sentence becomes final and executory
2. that he serves part of his sentence
3. that he is released after the expiration of minimum
sentence
4. That said liberty is anchored on good behavior, and;
5. that he remains on parole until the expiration of his
maximum sentence
 What is the administrative arm of the President of the
Republic of the Philippines in his exercise of
constitutional power to grant executive clemencies
after conviction and sentence?
 A. Board of Pardons and Parole
 B. Parole and Probation Administration
 C. Court
 D. Department of Justice
 Who among the following may not be considered for
Parole?
 A. those who have serve the minimum of their
sentence
 B. Prisoners who have been converted to respectable
and law abiding citizens
 C. unrepentant offenders
 D. None of them
 1. When the sentence is reclusion perpetua
 2. Those who have been convicted of crimes involving
National security
 3. those who have previously escaped from
confinement
 4. Those who violated the conditions of conditional
pardon
 5. those whose maximum term does not exceed 1 year
or are with determinate sentence
 6. Habitual delinquents
 7. Those suffering from mental disorder as certified by
a psychiatrist of the BUCor or the the National Center
for Mental Health
 8.those whose conviction is on appeal
 9. those who have pending criminal cases for an
offense committed while serving their sentence
 After recommitment to the prison by reason of the
violation of Parole, is the former parolee be allowed to
be granted parole for the 2nd time?
 A. yes, provided that he will serve his minimum
sentence
 B. no, because parole is like probation that is granted
once in a lifetime of a person
 C. yes, provided that he serves ¼ of the unexpired
portion of his sentence
 D. no
 The following are conditions where the BPP may
consider a prisoner for parole or conditional pardon
except;
 A. old age
 B. physical disability
 C. serious illness
 D. circumstances which shows that the continued
incarceration is inhuman
 E. none of these
 What document is being issued certifying that one has
satisfactorily complied with the requirements of his
parole including the period thereof?
 A. certificate of release
 B. certificate of final release and discharge
 C. certificate of compliance with the BPP
 D. release document
 When a prisoner is granted parole, he is expected to
report immediately to the Parole and Probation officer
in the jurisdiction covering his residence. What is the
maximum number of days of which he is expected to
report?
 A. 15 days
 B. 30 days
 C. 45 days
 D. 60 days
 What type of report is being prepared by the PPO in
case of violation of the conditions of parole?
 A. violation report
 B. infraction report
 C. progress report
 D. final report
 What is the effect of recommitment of the
Parolee?
 A. parolee is made to serve the original sentence
 B. parolee is made to serve the unexpired portion of
his sentence
 C. parolee is made to serve the maximum sentence less
the minimum
 D. parolee is excluded from further penalty
 In case that a parolee wants an outside travel, for not
more than 30 days, who shall be responsible in
approving the same?
 A. Chief parole and probation officer
 B. Regional director for PPO
 C. Court
 D. Board of Pardons and Parole
 In case that a parolee wants an outside travel, for not
more than 30 days, who shall be responsible in
approving the same?
 A. Chief parole and probation officer
 B. Regional director for PPO
 C. Court
 D. Board of Pardons and Parole
 A form of presidential clemency, either absolute or
conditional in nature

 It is an act of grace and the recipient of the grace is

not entitled to it as a matter of right. It is
discretionary and within the prerogatives of the
Chief executive and the power of judicial review
could not interfere for it is a political question.
 1. Pardon cannot be extended in cases of impeachment

 2. no pardon, parole, suspension of sentence for

violation of election laws without favorable
recommendation from the COMELEC

 3. Pardon is only exercised after conviction

 Absolute Pardon- Total extinction of criminal liability
of the individual 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.
 Conditional Pardon-The exemption of a certain
individual, within certain limits or condition, from the
punishment that the law inflicts for the offense he has
committed resulting in partial extinction of his
criminal liability
 Generally, petitioner must have served at least ½ of
the minimum sentence imposed or;
 At least 2 years of the minimum if convicted of
murder/parricide but the penalty is not reclusion
perpetua
 At least 1 year if convicted of homicide
 9 months if frustrated homicide
 6 months for attempted homicide
 Amnesty
 Reprieve
 Commutation of sentence
PRISONER:
-Not eligible for parole
-who has not been sentence to another prison term
within one year from the date of his last
recommitment to the jail or prison
-who has not violated any condition of his discharge
on parole or conditional pardon
-who is not suffering from mental illness or disorder
 PROBATION: HISTORY, PHILOSOPHY AND
DEVELOPMENT
 History of civilization, traits of pursuit and
punishment is as bloody as the crime
committed.
 Only in last century that a way been found to
check the offender at the beginning of his
criminal career and without the stigma of a
prison term, to redirect him to a law abiding life.
 LAWS OF BABYLON, GREECE AND
ROME vested balance of justice by
introducing money compensation, a
precursor of one use of fines and restitution.
EYE FOR AN EYE – TOOTH FOR A
TOOTH. SEVERITY AND BRUTALITY OF
PUNISHMENT REDUCE CRIMES
FORERUNNERS OF PROBATION

 Probation was first legally

established in the US. It is
the country that first enacted
the law but its origin came
from English common law
brought to them by the
colonists.
 BENEFITS OF THE CLERGY
 Henry II in 13th century compromised between
church and state – member of the clergy
brought before the kings court maybe claimed
for that jurisdiction by the Bishop or Chaplain
requesting him on the ground that he is
subject to the ecclesiastical court only.
 The benefit resulting for the compromise is
that jurisdiction is maintain with the Kings court
but in sentencing, GREATER LENIENCY is
done resulting to escape from death penalty.
King would not present evidence so if found
guilty-degraded or put to penance.
 JUDICIAL REPRIEVE
 Another device or modifying the severity
of law was temporary withholding of
sentence used by early English judges.
 Reprieve-(reprende- meaning make
fade) is the withdrawing of a sentence
for the period of time whereby
execution is suspended either before or
after judgment
 RECOGNIZANCE
 Older method of suspending or deferring
and direct ancestor of probation.14th
century originated as a measure of
preventive justice involving an obligation
or promise sworn to under court order
of a person not yet convicted (but
though likely) that he would keep the
peace and be of good behavior.
 Sureties on bail are usually required and
the person who stood surety has the
power and duty to impose the condition
and return the person to court if he
commit another crime or fail to comply
with the conditions. Extended later to
person already convicted of
misdemeanor and used as substitute for
punishment.
TRANSPORTATION:(BANISHMENT)
USE BY ENGLAND FOR 200 YEARS)
 Principal method of disposing offenders
ridding country of criminals.
 supplying new colonies with cheap labors
 profited ship owners
 Substitute for brutal punishment at home
and opportunity for rehabilitate in a new
country.
 the result of over congestion in the
mainland
EMERGENCE OF PROBATION
 The idea of individual social treatment
began to appear especially in cases of
children and youthful first offender.
 Early in the 19th century, English
Magistrates initiated experiment to some
young and in experience offenders from
the stigma of prison.
 They made use of the latitude allowed
under the common law to bind over the
defendants. Who would be brought back
for sentence if the condition of release
would be violated.
 The need for supervision and assistance
to those released was met by assigning
the youthful offender to the care and
guardianship of his parents or his
employer with an occasional check on
his progress by the police.
 MATHEW DAVENPORT HILL
 Beginning in the early years of 1481, he
acted for and in behalf of juvenile
offenders, when he believes:
 1. The individual is not fully corrupt
 2. There was reasonable hope of
reformation
 3. When there could be found persons
to act
 As guardian they are kind enough to
take charge of the young convict in the
belief that there is better hope for
reformation under such guardians than
in prison.
 At unexpected period, confidential
officers visits the guardians, make
inquiries and register facts. He was thus
informed and records were kept.
 JOHN AUGUSTUS
 He began to visit courthouse because of
his membership with the Washington
Total Abstinence Society, formed in
Boston in 1841 to promote temperance
and to reclaim drunkards.
 1st year – he took only men charge with
drunkenness
 - then men and women charge with
other offense
 - then children/ number of cases
increases each year
 METHODS OF AUGUSTUS
 1. Provide bail for temporary suspension of
punishment of sentence
 2. Then he sought counsel and assists his
charges in finding homes, securing
employment and adjusting family
difficulties.
 3. At the end of probation he brought
offender back to court-if no further charges
are found- judge imposes a nominal fine
with cost if man is poor, Augustus advance
fine as a loan.
 AUGUSTUS EXPERIMENT
 August 1841- Rugged drunk man
 3 weeks-The drunkard was brought back to
court where the judge cannot recognize him.
Imposes a fine of $ 3.76.
 Augustus died on June 21, 1859. And out of
2000 person whom he extended his help,
only 10 were ungrateful. And out of 1100
cases, only one case was forfeited.
 Massachusetts became the 1st country
to enact a probation law on April 21,
1878
 Governor Alexander H. Rice- provided
appointment and prescribed duties for
paid probation officers.
 2nd Vermont 1898
 3rd Rhode Island 1899
 Illinois and Minnesota – 1899 Plan for
children only
 4th – New Jersey 1900
 5th – New York 1900
 6th - California
 UNITED STATES FEDERAL
PROBATION ACT

 Enacted on March 4, 1925

 President Calvin Coolidge – former
governor of Massachusetts.
HISTORY OF PROBATION IN THE
PHILIPPINES
 1ST- act 4221 on August 7, 1935
 Probation Act- vested a probation
office under the DOJ led by a chief
Probation officer appointed by the
American Governor General with the
advice and consent of the United
Senate.
 Law provided probation on first time
offender 18 years old convicted of
certain crimes.
 PP VS VERA 370616H

 a. it encroaches upon the pardoning

power of executive
 b. it constitutes undue delegation of
legislative power
 c. it denies the equal protection of the
law
 SUPREME COURT RULING
 Supreme Court declared Act 4221
unconstitutional on November 16, 1937.
 It does not encroaches for it had been
understood and practice from the
earliest time.
 The act is not a surrender of
administrative power to the legislative
branch for its application was left to its
discretion.
 It denies the equal protection of law
 Important Dates in the
Development of Phil. Probation
 1972- Teodulo Natividad and Ramon
Bagatsing tried to introduce Adult
Probation in House bill # 393. It features
Act 4221 less the objectionable features.
 Passed in lower house and pending in
senate when Martial Law was
proclaimed.
 It was motivated by the fact that in
August 1970 during the fourth UN
Congress on the prevention and control
of crime and treatment of offenders in
Kyoto Japan, wherein Teodulo Natividad
is a member of Republic of the
Philippines delegation and out of 85
countries only the Philippines has no
Probation Law.
 1975 Teodulo Natividad was already a
commissioner of NAPOLCOM.
 1875-5th UN Congress held in Geneva.
Philippines still belong to the fast
Diminishing Tribe of “Probation
holdouts.”
 Teodulo Natividad was elected as VP of
UN Congress.
 After the 5th UN Congress. NAPOLCOM
en banc under JPE headed the
delegate’s official report “Meeting the
Challenges of Crime.” Priority action on
the establishment of the Adult Probation
Law was urged.
 The Inter-Disciplinary Committee for crime
prevention of NAPOLCOM under Teodulo
Natividad was asked by the court to draft the first
probation decree.
 The Inter Disciplinary Committee was composed of
5 representative found in the Pillars of Criminal
Justice System.
 After 18 technical hearings including 60 resource
person. Draft decree was presented at a Seminar
on Probation System by NAPOLCOM at UP law
center on April 24, 1976 (369 participated)
 Draft was sent to SND and to DOJ, Chief Justice
of the Supreme Court for review and endorsement.
 1st National Conference on crime control
and prevention- July 22 – 24
 PD 968- July 24, 1976 last day of
congress.
 One of the effects of the filing of the
application for probation is –
A. suspension of the execution of sentence
B. waiver of the right of appeal
C. admission of guilt
D. all of the above
E. none of the above
 Kwarog, a member of a notorious group was
charged and convicted by the court for illegal
possession of firearm. If the former decides to
apply for probation, when should an
application for probation be filed?
A. upon conviction and sentenced by the court
within the reglementary period to appeal.
B. 15 days upon service of sentence
C. 15 days after conviction and sentence
D. after the filing of the criminal charges against him
E. any of the above
 One of the following is not a criteria for
placing a defendant for probation.
A. Antecedent
B. Environment
C. Character and conduct
D. None of the above
E. All of the above
 Richard, a convicted defendant in a crime of
reckless imprudence resulting in serious physical
injuries and damage to property files a formal
application for probation in the Court, under the
implementing rules and guidelines on probation,
Richard is referred to as –
A. Probationer
B. Applicant
C. Accused
D. Petitioner
E. Any of the above
 Ben a detention prisoner and defendant in a
criminal case, filed an application for
probation to the Court that convicted him. If
Ben decides to apply for release on
recognizance bond. When should he file his
application for recognizance?
A. upon the filing of an application for probation
B. immediately upon conviction and sentenced
C. upon the filing of charges against him
D. after the grant of probation
 When does the court acquires that power
and authority to grant or deny an
application for probation?
A. upon prior investigation by a probation officer
or referral for probation
B. upon the filing of an application for probation
C. upon conviction and sentenced
D. any of the above
E. none of the above
 if the court finds that the petition is in due form
and that the petitioner appears not to be
disqualified for the grant of probation, it shall
order the probation officer with in its jurisdiction
to conduct a post-sentence investigation and to
submit a report and recommendation within 60
days from receipt of the order. However, the
court may in its discretion extend the 60 days
period.
The purpose of prior investigation of court
referral for probation by a probation officer is
A. to determine the suitability of a defendant for
probation
B. to determine whether a defendant is qualified for
probation
C. to determine whether the ends of justice, the
interest of the public and that of the defendant
shall be served thereby.
D. All of the above
 Alex was charged and convicted of a slight
physical injury, a probationable offense.
Thinking of filing an application for
probation. Where should he file his
application for probation?
A. Municipal Trial Court
B. Sandiganbayan
C. Regional Trial Court
D. Court of Appeals
E. None of the above
 Rowena, a known drug queen in Baguio City was
charged and convicted for violation of Republic Act
9165 as amended. As a result Rowena filed an
application for probation. However, such
application was denied by the court on the ground
that it would be better for Rowena to serve her
sentence in prison. Was the denial proper?
A. No, because probation is a matter of right
B. No, because everybody should be given the
opportunity and second chance via probation
C. Yes, because it violate the Constitutional rights of
Elvie
D. Yes, because probation is not a matter of right and
privilege
E. Yes, because probation is mere privilege.
 An offender is not qualified for probation
under PD 968 if:
A. sentenced to serve a maximum term of not
more than 6 years.
B. Sentenced to serve 6 years and 1 day
C. Sentenced to serve less than 6 years and 1 day
D. Sentenced to more than one month
E. None of the above is disqualified
 Carlo was convicted for an offense that
carries with it a penalty of 8 years. He
appealed the decision of the lower court and
the court of appeals concurred but reduce
the penalty to six years maximum. Does the
circumstances qualify Carlo to apply for
probation?
 To assist the court in determining whether
or not the ends of justice and the best
interest of the public will be served is an
aim of;
A. probation
B. probation supervision
C. Post sentence Investigation
D. Post Sentence Investigation Report
 A convicted defendant whose application
for probation has been granted by the
court but fails to report to the probation
office or cannot be located within a
reasonable period of time is called;
A. Absconding probationer
B. Absconding petitioner
C. Probationer or petitioner
D. Probation Officer
POST-SENTENCE INVESTIGATION
Preliminary Procedure
- the probation officer upon receipt of the order from the
court, shall assign the same to a probation officer to
conduct the post-sentence investigation.
Initial Interview
- within 5 working days from receipt of the court order, the
probation officer assigned shall interview the petitioner. In
the said interview, the probation officer shall require the
petitioner to accomplish under oath a worksheet. The
information contained in the worksheet shall serve as the
basis of further investigation.
-the petitioner shall also sign a waiver authorizing the
probation administration to secure any and all pertinent
documents and information.
 Investigation
 - upon completion of the worksheet, the
probation officer shall conduct a through
investigation on the antecedents, mental and
physical condition, character, and socio economic
status of the petitioner. For collateral information,
person who has knowledge of the petitioner, of
the victim and or the relatives shall be
interviewed. The probation officer shall determine
and recommend the manner by which the
petitioner will be supervised if granted probation.
 - information gathered from the interview of
petitioner and the collateral information sources
shall be confidential in nature.
 POST- SENTENCE INVESTIGATION REPORT
- upon the completion of the post-sentence
investigation, the probation of officer shall submit
a post-sentence investigation report ( P.A. form no.
3) to the trial court within the prescribed period.

 PURPOSE OF PSIR
- it aims to assist the court in determining whether
or not the ends of justice and the best interest of
the public as well as the petitioner will be serve by
the grant or denial of probation.
 CONTENTS OF PSIR
 1. The circumstances surrounding the offense drawn
from court records, police records, statements of the
defendant, the aggrieved party and others who may
have knowledge of the commission of the offense.
 2. Psycho- social information regarding the petitioner.
 3. Evaluation of petitioner suitability for probation and
his potential for social reintegration into the community.
 4. A recommendation to either grant the petition for
probation with program of supervision and the
suggested terms and condition for probation, or deny
the petition for probation.
 5. Information regarding the petitioner financial
capability to meet or satisfy his civil obligation if any.
 A term used to describe a form of post
sentence investigation from another city or
provincial PPO which request for a complete
PSIR on a petition for probation pending
referral investigation in the PPO of origin.
 A. Full Blown Courtesy Investigation
 B. Courtesy investigation
 C. Partial Courtesy investigation
 D. General Courtesy Investigation
 Will it be possible that after probation is
granted, the overall authority be transferred
to another executive judge of the province or
city of origin and to be supervised by the PPO
of the same?
 A. yes, if it is beneficial to the probationer
 B. no, it is a violation of the rules on probation
 C. yes, considering the place of residence of
the probationer
 D. no, since it will not hurt if probationer stay
in the place where the crime was committed
 Who is responsible for the supervision of
the person under probation?
A. Parole and probation officer
B. Judge and prosecuting officer
C. Probationer
D. Probation officer
 Probation in our National language is –
A. Pansamantalang Kalayaan
B. Subok laya
C. Panandaliang kalayaan
D. Any of the above
 Which of the following is not a probation
law?
A. RA 6975
B. RA 9165
C. RA 9344
D. PD 968
 One of the objectives of probation is –
A. to promote the correction and rehabilitation
B. to provide the opportunity of penitent
offenders to reform which least likely to
happen by commitment to an institution.
C. To prevent the commission of offenses
D. Any of the above
 Waiting for the decision of the court on the
application for probation, the offender
applying for probation -
A. Must stay in prison as a detainee
B. May be set free without bail
C. May be released on bail or recognizance
D. all of these
 When may appeal be considered perfected?
Answer:

 Appeal is perfected by the occurrence of

two (2) things:

 The filing of a notice of appeal with the trial

court within (15) days form promulgation or
receipt of the judgement: and
 The lapse of 15 days from the receipt of the
judgement (Sec. 39, BP 129; par. 23 interim
Rules of Court; Sec. 6 Rule 122, Rules of
Court).
 Is mere Detention of a person convicted by
the court make the conviction immediately
final and executory?
Answer: NO

 The Judgement of conviction did not become

final by the mere fact the petitioner was sent
back to jail. The petition had no choice but to go
back jail since he could not post bail for his
provisional liberty before arraignment and after
the reading of the sentence. Petitioner had 15
days from the promulgation of the judgement
within to appeal or to file an application for
probation bail for his provisional liberty before
arraignment and after the reading of the
sentence. Petitioner had 15 days from the
promulgation of the judgement within which to
appeal or to file an application for probation.
 Is the defendant bound to accept the
probation granted by the Court?
Answer: NO

 The Law does not place him under any such

obligation; he should, indeed, be allowed to
enter down the grant of probation, especially
since has he might feel the terms and
conditions thereof are too onerous to him.
 Since appeal is not an available option for one
whose petition for probation has been
denied, what legal remedy is left on the part
of the petitioner to somewhat move for the
reversal of an earlier decision given by the
court?
Answer:

 File for petition for certiorari

 Is it possible for a petitioner to be granted
probation even in the absence of a post
sentence investigation?
Answer: NO

 The Probation Law provides that “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
serve thereby”
Disqualifications

 Probation shall not be extended to those:

 1. Sentenced to serve a maximum term of
imprisonment of more than 6 years.

 2. Convicted of subversion or any crime
against national security or public order.
 3. who have previously been convicted by
final judgment of an offense punished by
imprisonment of not less than one month
imprisonment and/or a fine of not less than
two hundred pesos.
 4. who have been once on probation under
PD 968 as amended?
Other disqualifications

 A. non-offenders
 B. those entitled to the benefits of PD 603 as
amended
 C. those that are found guilty in violation of
the Omnibus Election Code of the Philippines.
 D. those that are found guilty in violation of
RA 6727 otherwise known as the Wage
Rationalization Act.
 Is the defendant entitled as a matter of right
to counsel in the conduct of Post Sentence
Investigation?
Answer:NO

 The constitutional guarantee of right to

counsel would not seem to apply.
 Referring to the constitutional provisions that
in all criminal prosecution the accused shall
enjoy the right to be heard by himself and
counsel preferably of his own choice, and
they any person under investigation for his
commission of an offense shall have the right
to counsel.
 Is the privilege against self-incrimination
available to the petitioner?
Answer: NO

 Even provisions of RA 7438 does not apply.

 What is the period of time given to the
probation officer to complete his Post
sentence investigation and to submit his
report on the result of said investigation?
Answer:

 probation officer shall submit to the court the

investigation report on a defendant not later
than sixty (60) days from the receipt of the
order of said court to conduct the
investigation.
 Is the defendant or his counsel
entitled to a copy of the
investigation report?
Answer: NO

 Under Section 17 of the Probation Law, the

investigation report as well as supervision
history “shall be privilege and shall not be
disclosed directly or indirectly to anyone
other than the Probation Administration or
the court concerned ”
 It the defendant or his counsel entitled to
comment on he investigation?
Answer: No

 There is nothing in the Probation Law which

entitles him to submit any such statement, or
demand that the court should consider the
same.
 Is the defendant or his counsel entitled to
have hearing on the investigation report or
application for probation?
Answer: No

 There is nothing in the Probation Law which

requires the court to do so.
 Criteria for Placing and
Offender on Probation
 The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution, or
 There is an undue risk that during the period
of probation the offender will commit
another crime; or
 Probation will depreciate the seriousness of
the offense committed. (Sec. 8 of P.D. No.
968)
 The continuing relationship between
probation officer and probationer is known as
-
a. Affiliation guidance c. Pre-sentenced
investigation
b. Supervision d. Probation
guidance
 The court may grant probation only -
a. After arraignment b. After conviction

c. Before conviction d. all of these

 The investigation report of an officer shall be
submitted to the court not later than-
a. 15 days from receipt of the order
b. 30 days from receipt of the order
c. 60 days from receipt of the order
d. 45 days from receipt of the order
Upon receipt of the probation officer
investigation report, the court shall resolve
the application for probation not later than-
a. 60 days b. 30 days
c. 15 days d. 45 days
 What is the country, whose early schemes for
humanizing the criminal justice under its
common law, originated probation?
a. England b. United States
c. Greece d. France
 What is the country who first legally
established probation?
a. Germany b. England
c. Rome d. USA
 Placido was convicted to a prison term of Prision
Correctional. Will he qualify for probation?
A. Yes, his sentence is three (3) years
and one (1) day
B. No, his sentence is six (6) years and
one (1) day
C. Yes, his sentence is less than six (6)
years and one (1) day
D. No, his sentence is more than six (6)
years and one (1) day
 Under the law on probation; supervision
starts
A. when the probationer reports to the
probation officer
B. within 72 hours
C. after the issuance of court order
granting probation
D. none of the foregoing
 Probation is a matter of privilege. It becomes
a matter of right when-
A. after the PSIR is submitted to the court
B. when his probation is approved
C. when he files his petition for probation
D. all of the above
 With regard to the post sentence
investigation report, the probation officer is
never cross-examined on the contents of the
report.
 A. True B. False
 C. Partially true D. Partially
false
 If the sentence is less than one year, the
probation period can be 4 years.
 A. True B. False
 C. Partially true D. Partially
false
 Can a probationer pursue a prescribed secular
study or vocational training while on
probation?

 A. Neither C. None of these

 B. No D. Yes
The purpose of the decree on probation shall be
to:

 A. Provide an opportunity for the reformation

of an offender which might be less probable if
he were to serve a prison sentence
 B. Prevent the commission of offenses
 C. Promote the correction and rehabilitation
of an offender by providing him with
individualized treatment
 D. All of these
A is a first time offender and convicted of the
crime of qualified theft and was sentenced to
imprisonment of six years maximum on April
15, 2010. on May 10, 2010, he filed a petition
for probation. The court denied his petition
for probation. The courts denial was proper
due to:
A. His petition perfected on appeal
B. The court abused its authority
C. The court failed to consider his petition
D. His sentence will be executed
Mario was charged with possessing Marijuana.
After presentation of the prosecution
evidence, he manifested his desire to enter a
plea of guilty to a lesser offense. On basis of
his plea, he was sentenced to imprisonment
for 2 years and 1 day. He applied for
probation and the court denied it. The courts
decision was proper due to-
A. Judicial discretion to grant probation
B. Undue risk of another offense
C. Depreciation of the seriousness of the
offense
D. b and c
Ben T. Cinco was convicted for the crime of
rape. But because of the presence of
numerous mitigating circumstances, his
sentence was only 6 years maximum. He
applied for probation and the court denied
the same. The courts denial was proper due
to-
A. Judicial discretion to grant probation
B. Undue risk of another offense
C. Depreciation of the seriousness of the
offense
D. b and c
The post sentence investigation report of the
probation officer shall not be divulged.
Treatment of this report shall be confidential
due to:
A. Report is covered under privilege
communication
B. Report is covered under constitutional
guarantee
C. Report is subject to the professional
relationship of the probationer and PO
D. None of them
 During the 16th up to the 18th century, a criminal
may be sent away from a place carried out by
prohibition to coming against a specified
territory. This is an ancient form of punishment
called

A. Exile C. Transportation
B. Banishment D. Public trial
 The court may grant or deny probation on the
basis of

A. Discretion C. Authority
B. PSIR D. All of these
 Who is the father of Philippine Probation?

 A. Ramon Bagatsing C. Juan Ponce

Enrile
 B. Teodulo Natividad D. Antonio Torres
 Which of the following does not belong to
the common law practices to which the
emergence of probation is attributed?

 A. Recognizance C. Reprieve
 B. Benefit of the ClergyD. Transportation
 It is a privilege granted by the court to a
person convicted of a crime offense to remain
in the community instead of actually going to
prison

 A. Parole D. Probation
 B. Pardon E. Amnesty
 C. Executive clemency
 How many times an offender be granted
probation under PD 968

 A. Never D. Twice
 B. Only Once E. Anytime
 C. 3 times
 Probation officer may authorize a
probationer to travel outside his area of
operational territorial jurisdiction for a period
of

 A. 1 – 5 days C. 5- 10
days
 B. 10 – 30 days D. 30 days
 Probation and Parole as forms of community-
based correction are anchored on the
concept of-

A. Positivism C. Classical
B. Neo-Classical D. All of
them
 Probation is a matter of right. This statement
is

A. Correct C. Wrong
B. Partly wrong D. Partly correct
 How many days will the court resolve the
petition for probation upon receipt of the
PSIR

A. 10 days C. 15 days
B. 30 days D. 60 days
 Who is authorized to modify the condition of
probation

A. Judge C. probationer
B. Probationer officer D. all of the above
 Mando was sentenced to imprisonment on
February 7, 2012. On March 5, 2012 the judge
who promulgated the decision died. What is the
effect of the judge’s death to the service of
Mando’s sentence?
 A. He will have to serve his sentence
 B. His sentence will be suspended
 C. His sentence will not be binding
anymore
 D. His sentence will be reduced
 PD 968 otherwise known as the Adult Probation
law was signed by then President Ferdinand E.
Marcos on-

A. July 24, 1976 B. July 24, 1978
 C. July 23, 1976 D. July 23, 1978
 Under the law on probation; supervision
starts
 A. when the probationer reports to
the probation officer
 B. within 72 hours
 C. after the issuance of court order
granting probation
 D. none of the foregoing
 Probation is a matter of privilege. It becomes
a matter of right when-

 A. after the PSIR is submitted to the

court
 B. when his probation is approved
 C. when he files his petition for
probation
 D. all of the above
 Probation cannot be granted or denied on
the following ground.
 A. without the PSIR of the probation officer
 B. at the discretion of the court
 C. because it’s a matter of privilege
 D. when the defendant is more handsome
than the judge
 The need for volunteer probation aides is
based on-

 A. probation officers are overloaded with

cases
 B. more citizen participation and
cooperation
 C. all of the above
 D. none of the above
 Probation aides shall receive a regular
compensation drawn from the funds of the
local government. This statement is-
A. True
B. False
C. Partially true
D. D. partially false
 The pre sentence investigation is not a part of
the court record

 A. True B. False
 C. Partially true D. Partially false
 The court will not grant probation if after the
investigation conducted by the probation
officer, it finds that the following are present,
except.

 A. the offender can be treated better in an

institution or other places for correction
 B. the offender is a risk to the community
 C. probation will depreciate the gravity of the
offense
 D. none of the above
 Can the offender be released while his
application for probation is still pending?

 A. No, if the defendants cannot afford his

bail
 B. Yes, at the discretion of the court
 C. No, since it is only a privilege
 D. yes, if the judge is his relative
 Under, rules, methods and procedure of
probation, the reglamentary period for which
the convicted offender may apply for probation
after conviction.

 A. 25 days B. 15 days
 C. 60 days D. 45 days
 The alternative for jail confinement in
modern day penology is-

 A. Parole B. Probation
 C. pardon D. reprieve
 An act or omission on the part of the
probationer is known as-
 A. violation of probation
B. deviation from good behavior
 C. crime
D. offense
 Before the expiration of the period of probation
or unless otherwise required by the court, the
probation officer shall submit a final report to
the court within:

A. at least 15 days
B. at least 30 days
C. at least 45 days
D. at least 60 days
 What should be indicated in the final report of
the probation officer?

 A. the prescribed program of supervision and

response of the probationer to said program
 B. a recommendation as to whether the
probationer nay be discharge from probation of not.
If not probation officer may recommend
modification of term.
 C. such other information required by the
court.
D. all of them
 Which of the following may be required Before
probation can be revoked?
 1. written notice of the claimed violation
 2. disclosure of evidence against probation
 3. opportunity to be heard and to present
witnesses and document evidence
 4. the right to confront and cross-examine
adverse witnesses
 5. a written statement of the fact finder as to the
evidence relied and reason for revocation
A. 1,2,3 & 4 B. 2,3,4 & 5
C. 1,2,4 & 5 D. all of them
 In the hearing of the alleged violation of
probation, is the probationer entitled to his
right to counsel?

A. No
B. Yes
C. Partly yes
D. Partly no
 During the conduct of PSI, is the probationer
entitled to his right to counsel?

A. No
B. Yes
C. Partly yes
D. Partly no
 What is the maximum case load of the
probation officer?

A. 10 caseloads
B. 15 caseloads
C. 5 caseloads
D. 20 caseloads
 What are the legal effects of discharge of a
probationer?
A. shall restore to him all civil rights lost or
suspended as a result of conviction.
B. fully discharge his liability for any fine
as to the offense which probation was
granted but not civil liability
C. both a and b
D. Neither a nor b
 What law can be considered the second
Probation Law in the Philippine which is
intended only for minors?

A. PD 968 C. PD 6425
B. RA 4221 D. PD 603
 The central goal of the probation
administration is to enhance the safety of the
community by reducing the incident of
criminal acts by persons .
A. To be convicted
B. Previously convicted
C. Just been convicted
D. Not yet convicted
It is the authority of the President of the
Philippines to suspend the execution of a
penalty, reduce the sentence and extinguish
criminal liability.

A. Parole C. Executive clemency

B. Pardon D. President’s clemency
B.J.M.P. is under the administration of the:

A. Executive Department C. P.N.P.

B. D.I.L.G. D. none of theses

The basis of this old school of penology is the
human free-will.

A. Penology School C. Classical

School
B. Neo-classical D. Positivist
Takes charge of financial matters especially in
programming, budgeting, accounting, and other
activities related to financial services. It
consolidates and prepares financial reports and
related statements of subsistence outlays and
disbursements in the operational of the jail.
A. Budget and finance branch
B. General services branch
C. Property and supply branch
D. Mess services branch
Operation conducted by the BJMP wherein a
prisoner maybe checked at any time. His
beddings, lockers and personal belongings may
also be opened at anytime, in his presence,
whenever possible. This practice is known as:
A. Check and balance C. S.O.P.
B. Inventory D. Operation
Greyhound
Pardon cannot be extended to one of the following
instances.

A. Murder C. Robbery
B. Rape D. Impeachment
A person who is detained for the violation of
law or ordinance and has not been convicted
is a –

A. Detention Prisoner C. Provincial

Prisoner
B. Municipal Prisoner D. City Prisoner
The following are the justifications of
punishment, EXCEPT

A. Retribution C. deterrence
B. Happiness D. expiration or
atonement
Pardon is exercised when the person is
___________________________.
A. already convicted C. not yet
convicted
B. about to be convicted D. serve
the sentence
A warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison
authorities to receive the convicted offender for
service of sentence or detention is known as –

A. Mittimus C. Detention Mittimus

B. Sentence D. Detention Warrant
Mittimus
 When does the Provincial or City Probation
Officer submit a monthly written report on
the status and progress of all probationers
under his charge to the Regional Probation
Officer concerned?
A. Within the first 5 days of each month
B. Within the first 10 days of each month
C. Within the first week of each month
D. Within the first 15 days of each month
E. Any day of each month as long as it will not be
after the covered month
 Which of these offenses falls under the
grounds for disqualification to probation even
if the penalties are not more than 6 years?
 A. Treason
 B. Violation of neutrality
 C. Rebellion
 D. Inciting to war
 E. All of the above
 Which of these was operated by English
sheriffs as a pre-trial detention facility?
A. Stockade
B. Gaol
C. Hulks
D. Jail
E. Galleys
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