NON-INSTITUTIONAL

• granted by court/ trial court

• imposed disposition or condition by court

• filed within 15 days after conviction

• 1st time offender and those who sentence not more than 6 yrs and fines with subsidiary imprisonement (pwede sa imprionment and fines)

• probation officer

• only once in a lifetime

• form (legal document) from trial court would be approved by DOJ secretary

PROBATION

• who grants?

• who imposed?

• when to file?

• who qualified?

• with supervision of?

• how many times be granted?

• the form would be approved by?

• granted by BPP (Boards of Pardons & Parole)

• after serving the minimum sentence

• it must have interminate sentence (ISLAW) - have minimum and maximum

• maximum must exceed 1 year

PAROLE

• who grants?

• when to file?

• who qualified?

may minimum and maximum

interminate sentence law/ parole program

• president / chief executive

• plenary power

• to prevent miscarriage of justice or correcting manifest injustice

• Pardon, Amnesty, Reprieve, Commutation of sentence

Executive Clemency

• who grants?

• what power?

• what reason of EC

• types pf EC (PARC) require the signiture of ______

• act of grace (awa)

• the individual is exempt from punsihment, and criminal liability would be extinguished but civil liability remain

• individual

Pardon

• act of what _____

• what would happend if given pardon

• grant to____

• grant by president/ cheif executive

• grant of forgiveness/ oblivion (pagpapatwad/ paglimot) for past criminal offense committed towards goverment

• grant to group / classes of political offenders

• general or blanket pardon

• concurrence or voting of congress

• voting should be majority or 2/3

• given before or after conviction

Amnesty

• grant by

• grant of ____

• grant to ____

• known for

• need concurence/ voting of _____

• voting should be ______

• given when?

oblivion

forgetting completely

• for death penalty

• temporary stay or suspension (postponent or deferment) in te execution of the sentence (wag muna ibigay)

Reprieve

• for ____

• what reason?

• from heavier sentence to less serious one

• reduction of the sentence

Commutation of sentence/ commutation

• from____sentence to _____

• also known for____

• House bill 393

• PD 968

probation

• house bill___

• PD ___ The Probation Law of 1976

handle the investigation of petotioners for probation, and the supervision of probationers, parolees and conditional pardonees.

• sila ang nag iinvistigate, nag babackground check sa mga nag fafile ng probation, parole, and pardon - tinitignan nila kung ano ka sa lugar mo

• pag nagrant na yung probation, pardon and parol sila na yung may susupervise or mag babantay

• PD 968

• attached agency of DOJ

• president

Parol and Probation Administration

• 2 works

• what PD

• what attached

• who appoints PPA administrator

1. mag grant ng parole

2. Recommends Executive Clemency

• Act no. 4103 Interminate Sentence Law

• under the agency of DOJ

Board of Probation and Parole

• 2 works

• what act

• under what agency

PD 603

• yes pwede parin mag apply ang minor (CICL) ng probation kahit nakapag apply na dati

the child and youth welfare code 1974 that provides probation for minors below the age of 18

• considered as the child probation law

• can he still be apply even granted probation before?

PD 1257

This decree mandated the disqualification of the petitioner’s application for application for probation if on appeal is perfected

• if a petitioner choose to appeal, he/she loses the chance to apply for probation

• pag ang tao ay nag file for probation bawal na sya mag appeal

GENERAL RULES for appeal and probation

• after conviction within 15 days

• ra 1070 New Probation Law of 2015

• An appellant may still apply for probation provided that the decision of the lower court is non probationable offense and the decision for appllate court is probationable offense

EXCEPTION TO GEN RULE of probation and appeal

• what law ____

• says what

probation is a privilege not a right

• unless the applicant is minor the probation is right

probation is a ____ not a ______

• unless the applicant is ______ the probation is _____

petotioner

files or apply for probation, parole or pardon

client

general term for granted or placed under probation, parole and pardon

probationer

a person granted probation

parolee

a person granted parole

pardonee

a person granted pardon

1. maximum term of imprisonment of more than 6yrs

2. crime against national security

3. previously been convicted by final judgement of an offense punshied by imprisonment of more than 6 month and 1 day and/or fine more than 1,000

4. have been once on probation

disqualified offenders in probation (RA 10707)

1. guilty of any election (omnibus election code) (batas pambansa blg 881)

2. guilty of (ra 6727), wage rationalization act (trabaho di nag bibigay ng tamang pasahod

3. guilty of comprehensive dangerous act of 2002 (RA 9165)

disqaulified offenders on probation (special laws)

within the period for perfecting an appeal or within 15 days from promulgation of judgement

time for application for probation

trial court

where to file probation

waiver of the right to appeal

nag file ng probation what waiver

DOJ secretary/ secretary of justice

form/ legal document approved by the _____

10 days

trial court notify the concerned prosecuting officer (prosecutor) of filling application should give the comment within ____

waiver cum authorization

it is a form authorizing PPA and/ or the probation office to secure any and all information on the petitioner

• CPPO

• within 5 days

• waiver cum authorization

initial interview of probation

• who conduct

• within what days

• what waiver should be signed

• if the petitioner did not show up or report for initial interview he will be called_____and not granted a probation

maybe released on bail or recognizance

the petitioner for probation while waiting for the court decision he may what?

Post-Sentence Investigation (PSI)

• 60 days

report intended to assist the court in determining whether or not the ends of justice and the best interest of the public as well as the applicant will served by the grant or denial of probation

• under law probation officer shall submit to the court the investigation report (PSIR) on a defendant not later than ______

collateral information

during the conduct of PSI, the ________must be gathered from those persons who have direct personal knowledge of the petotioner,offended party family members and /or their relatives, including barangay officials and disinterested persons

General Inter-office Refferal (GIOR)

• Courtesy Inevestigation - 60 days

• (1) full blown courtesy investigation

• (2) partial blown courtesy investigation

the petitioner for probation is a transient offender in the place of commision of the crime and or permanent resident of another place

• Ano ang tawag sa report

• within what day

• 2 courtesy investigation

resolved by the trial court not later than 15 days from the date of its receipt of PSIR

period to resolve the petition for probation

suspending the execution of sentence

effects of the grant of probation order

upon the issuance

• court shall inform the term/ and condition of the consequence threat

• trial court

effectivity of probation order

• who inform the term

1. present himself to probation officer for supervison within 72hrs after receipt of said order

2. report to supervising officer at least once a month

mandatpry condition of probations

1. He/she will cooperate with his/her program of probation treatment and supervision;

2. Meet his/her family responsibilities;

3. Devote himself/herself to a specific employment and not to change said employment without prior written approval of the CPPO.

4. Refrain from visiting houses of ill-repute.

5. Abstain from drinking intoxicating beverages to excess.

6. Reside at premises approved by the Trial Court and not to change his/her residence without prior written approval of said court.

discretionary conditions of probation

supervision

continuing relationship between probation officer and probationer

amicus curiae

relationship of probation officer and court

• friend of the court