CA 2 - NON-INSTITUTIONAL CORRECTION

PPA and BPP

The non-institutional treatment of the adult offenders is the responsibility of the Department of Justice through __________.

Department of Justice

The parole and probation administration is an attached agency of the ____.

Parole and Probation Administration

It refers to those that handle the investigation of petitioners for probation, and the supervision of probationers, parolees and conditional pardonees.

Probation

Is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.

Probation

Michael, a first-time offender convicted of a nonviolent crime, has been sentenced to a one-year prison term. However, the court decides to allow him to serve his sentence under supervision while remaining in the community, provided he abides by specific conditions. What legal disposition is the court granting?

All of the above

Which of the following is the primary purpose of probation under Philippine law?

It denies the equal protection of the laws and constitutes an unlawful delegation of legislative power.

Why was Act 4221 declared unconstitutional?

Juvenile

Who cannot be held liable under PD 968?

Theft

A person convicted of which of the following offenses may still qualify for probation?

The offender is guilty after the trial

Probation is granted only when the offender meets which of the following criteria?

Only once

How many times an offender be granted probation under PD 968.

Probation is a privilege, not a right.

Which of the following statements about probation is TRUE?

After a judgment of conviction but before serving the sentence

When can an application for probation be filed?

It is an automatic waiver of his right to appeal.

What is the effect of the application for probation by the convicted person to his case under the probation law?

No, because she filed for an appeal

Martyl Yu, after promulgation of her case by the RTC, was meted with the penalty of 6 years of imprisonment. Within 15 days from the date of promulgation, she filed her appeal with the Court of Appeals for not being satisfied with the judgement of the lower court. Can she be granted probation once she applies?

Yes, because his 1st sentence is non probationable and his 2nd sentence is a probationable offense

Atong was convicted of a crime and sentenced to an imprisonment term of 8 years, since he is disqualified for probation, he decided to appeal his case to a higher court. The appellate court declared him again guilty but to a lesser penalty of six years. Can he apply now for probation?

It permits defendants to still apply for probation when a non-probationable penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty.

How does RA 10707 differ from the original Probation Law regarding appeals?

City or provincial parole and probation office

The application for probation shall be in the form approved by secretary of justice and it may be obtained or secured from any _______.

Review the penalty

What is the disposition of the court when an applicant filed for application for probation?

Post-sentence Investigation

Aside from the 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 served, what else is a primary consideration before a person shall be placed on probation?

Mandatory

What is the attribute of Post-Sentence Investigation on the part of the court in giving a decision whether to deny or grant probation?

It shall be confidential in nature and applicants does not require a counsel

What is the nature of the interview and information gathering to an applicant probation?

Further interviews on the applicant and other persons

When clarifying discrepancies between the information received from the applicant and those secured from other sources, the investigating probation officer may conduct _____.

60 days from the receipt of the order

Under the law, the probation officer shall submit to the court the investigation report on a dependent not later than ______.

Submits to the court his investigation report.

What shall be the action of the Probation Officer upon completing the post-sentence investigation within sixty (60) days?

Full-blown investigation

It is an investigation from another city or provincial parole and probation office which requests for complete post-sentence investigation report on the petition of probation.

Probationer

What do you call a person placed under probation?

Absconding petitioner

He is convicted defendant whose application for probation has been given due course by the court but fails to report to the probation officer or cannot be located within a reasonable period of time.

Carrying firearms for personal protection

Which of the following is NOT a condition typically imposed on probationers?

Approving the probation application

A probation officer’s role includes all of the following EXCEPT:

Yes, Andy Lim may be temporarily released under bail or be released on recognizance of a responsible member of community.

Andy Lim applied for probation and waiting for the decision of the court whether his application is approved or denied. Can he be temporarily released from custody?

No, the decision of the court regarding probation is final and cannot be appealed.

Is the decision of the court to grant or deny probation appealable under Philippine law?

Yes, she is still qualified.

Cathy Pucimo committed a crime and was sentenced to a prison term of 4 years and 1 day. Is Cathy qualified to apply for probation?

Not more than 2 years

Angela is convicted of a crime with the penalty of arresto mayor, and she applied for probation, which was consequently granted by the court. How long is her probation period?

Court of law

Who is accountable to inform the probationer into the condition under probation and those consequences if not comply?

Upon its issuance

When shall probation order take effect?

I, II, III

Probation shall be denied if the court finds that:

I. The offender is in need of correctional treatment that can be provided effectively by his confinement to an institution.
II. Probation will depreciate the seriousness of the offense committed
III. There is undue risk that during the probation the offender will commit another crime
IV. Probation will appreciate the seriousness of the offense

Once

A person under the supervision of probation officer shall report for how many times per month?

Assist guide the client in his rehabilitation

What is the primary role of probation officer to his probationer?

Order the modification of the probation condition or revoke his probation whichever is proper and just under judicial discretion.

Once a serious violation of a probation condition has been established in the hearing, the trial court may ______.

The probationer shall be ordered to serve the original sentence is imposed

What will happen if the probation is revoked by the Court?

Not exceeding 6 years

Romeo was sentenced to four (4) years of imprisonment, but she decided to apply for probation, and it was granted. How many years will she undergo the probation program?

Those who are cooperative and participative probationer in the programs

Which probationers may be recommended for early termination of probation?

at least 6 months

Generally, early termination of probation period shall be applied only when the actual supervision period is ______.

The court must conduct a hearing to determine whether the violation occurred.

What must the court do before revoking the probation?

5 maximum client

How many probationers be supervised by the Volunteer Probation Assistant on maximum caseload under the Omnibus Rules on Probation Methods and Procedures of RA 10707?

The chief probation officer

Joash, a probationer, wanted to travel outside his area of territorial jurisdiction for a period of ten (10) days but not exceeding 30 days. The authority to allow Joash to travel may come from ____.

A hearing to contest the alleged violation

In cases of probation violation, what is the probationer's entitlement before probation is revoked?

No, because his previous conviction lasted more than 6 months and 1 day.

On February 3, 2020, Rigor was convicted of theft and sentenced to 2 years imprisonment. On July 15, 2024, he was charged and convicted of a crime of acts of lasciviousness with the penalty of 6 years imprisonment. Is Rigor still qualified to apply for probation?

At least 30 days before the expiration of the period of probation

When does the probation officer submit the termination report?

Final report

Which shall be submitted by the City and Provincial Parole and Probation Office to the trial court thirty (30) days prior to the expiration of period of probation?

The probationer is issued a certificate of discharge, officially ending the probation.

If a probationer completes all conditions of probation, what is the typical outcome?

Parole

What is the term used for the conditional release of a prisoner from a correctional institution after they have served the minimum period of their sentence?

Indeterminate Sentence

Which law regulates the Parole system in the Philippines?

The administrator of the Parole and Probation Administrator

Who serves as the ex-officio member of the board of pardon and parole?

I, II, III, IV, V

What are the eligibilities for review of parole case?

I. Inmate is serving an indeterminate sentence whose maximum exceeds 1 year
II. Inmate has served the minimum period of the indeterminate
III. Inmate has no pending case
IV. Inmate conviction is final and executory
V. Inmate is serving his sentence in the national penitentiary unless the confinement of said inmate in municipal, city, district or provincial is justified.

30 days

What is the timeframe in which the Director of the Bureau of Corrections is required to forward necessary documents to the board, ahead of the prisoner's minimum sentence expiration?

Release document

Upon the granting of parole, what documentation serves as the basis for the release of a prisoner?

Pre-Parole Investigation

What type of investigation is conducted by a parole officer prior to the granting of parole?

15 days

A Parolee or Pardonee, upon release from prison through Parole or Pardon shall immediately report to his/her Supervising Probation and Parole Officer (SPPO) immediately upon release there from within:

Arrival report

Bao Tee Il has recently been released on parole and is required to report to her Supervising Probation and Parole Officer. Within 15 days of her reporting, a report needs to be generated. What type of report is this?

majority

Rey Amaquin has submitted a petition for parole. The board is now tasked with assessing his qualifications for release. However, for the decision to be suspended, a certain number of members must agree. How many votes are needed to suspend the decision?

Board of Pardons and Parole

The form of parole release document that contain a latest 1”x1” photograph and right thumb print is prescribed by the __________.

They are automatically disqualified from parole eligibility.

If an offender has been convicted of a crime with a penalty of Reclusion Perpetua, what is their status regarding parole eligibility?

To assess the offender's behavior during incarceration and readiness for release.

In the context of parole, what is the significance of a "pre-parole investigation"?

Regularly report to a parole officer

As a newly released parolee, Patrick has been informed about the conditions he must adhere to while on parole. Among the following options, which condition is he most likely to encounter regularly?

Regional Director

Tina, a parolee, wishes to travel for more than 30 days. She understands that this travel must receive approval from a specific authority. Who must approve Tina’s travel?

abide with the decision

The Regional Director of the PPA disapproved the request of a parolee to transfer his place of residence designated for security reasons. The client is expected to ________.

He/she has to serve the remaining unexpired portion of the maximum sentence for which he/she was originally committed.

Which should be followed in the recommitment of parolee in case he/she is arrested for violation of the terms and conditions of his/her release document?

Status Report

A _______ is submitted when a parolee commits another offense during the period of parole supervision, and the case filed against him has not yet been decided by the court.

The Board may issue Order of Arrest and Recommitment and the parolee shall serve the remaining portion of his sentence.

Evaluate what else may happen if a parolee violates the conditions of his/her parole and the Probation and Parole Officer submitted the violation report and the Board of Pardons and Parole revoked the privileges granted.

Probation and Parole Officer

The Board may revise or modify the terms and conditions appearing in the release document based on the recommendation of the _______________.

Violation report

Baby Brew, a Probation and Parole Officer, notices that one of her parolees has violated the terms of their release document. To address this violation, what type of report will he need to submit?

Order of arrest and recommitment

After reviewing the report submitted by Tess regarding the violation, the board decides to take action against the parolee. What type of document may they issue as a response to the findings?

Yes, because the board may consider the case of a recommitted parolee for the grant of new parole after the latter shall have served one fourth (1/4) of the unserved portion of his maximum sentence.

Mr. Vincent is a parolee and violated the conditions stated on his release document. Then, he was sent back to prison to serve the unexpired portion of the sentence. Can he still be given parole by BPP?

Cancel the Parole or recommend the revocation for conditional pardon.

Any willful or malicious concealing material information made by the client either or after the grant of Conditional Pardon or Parole is a ground for the BOARD to ______.

The PPO shall transmit a certified true copy of the death certificate of parolee to the board recommending the closing of the case.

Which should be done in case a parolee dies during supervision?

Summary Report

Final Report is to Probation; ______________ is to Parole.

Certificate of final release and discharge

After completing his parole period, Juswa is eager to move forward with his life. Since he has served his time, what document will he receive once the maximum period of his prison term has expired?

In probation, the individual has not served their sentence, while in parole, they have served a portion of their sentence.

A convicted individual has completed a portion of their sentence and is now released under supervision in the community. Another individual, convicted of a similar crime, is placed under supervision without having served any time in prison. Based on these two scenarios, how do probation and parole differ?

Court

Parole and probation have been distinguished in such that parole is granted by the BPP, while probation is granted solely by the _____.

Requiring a summary report from the parole officer that confirms successful reintegration into society.

Given the objectives of parole, what would be the most effective way to ensure proper termination of parole?

Board of Pardons and Parole

What office shall process the petition or request for pardon after the recommendation of the prison authorities?

Executive Clemency

It is the authority of the President of the Philippines to suspend the execution of penalty, reduce the sentence and extinguish criminal liability.

Secretary of National Defense

Ms. Sarah, a convicted felon, petitions for executive clemency. Her crime involves national security concerns. Under the rules, which government official should the Board refer Sarah’s petition to for comment and recommendation?

1 year

Mary, a convicted prisoner, escaped from custody but was recaptured after several months. According to the rules, how many years must pass after her recommitment to prison before he becomes eligible for executive clemency?

political

Pardon includes any crime and is exercised by the Chief Executive, while amnesty is a blanket pardon granted to a group of prisoners, generally _____ prisoners.

terms of pardon

Absolute pardon does not work to restore the right to hold public office or suffrage unless such rights are expressly restored by the ______.

Board of Pardons and Parole

The power of the President to grant pardon is very broad and exclusive and may be subjected to abuse. One preventive measure for such abuse is the possible impeachment by the President for a willful violation of the constitution, and another is that all cases for possible pardon shall be recommended by the ________.

Conditional Pardon

Martires, a convicted individual, has been allowed by the President to reintegrate into society under certain conditions. What type of executive clemency was granted to Martires?

She is not exempted from civil liability

Ivana Mulawin, who was granted an absolute pardon, is seeking clarification about her status. How does this type of clemency affect her civil liability?

Chief Executive

Who will sign pardon to exempt the offender to suffer criminal liability?

30 days

Upon receipt of a petition for absolute pardon, the board should refer the petition to the probation and parole officer who should conduct investigation within ____.

Civil and Political rights

In absolute pardon, there is a total extinction of the criminal liability of the individual to whom it is granted without any condition. It also restores __________.

Amnesty

Marites was involved in an offense against the government, but the sovereign power decided to grant her a “clean slate” and remove criminal liability associated with her crime. What is this grant of forgetfulness called?

Concurrence of Congress

In the case of political prisoners, the President wants to grant amnesty to a group of individuals involved in rebellion. What is required before the amnesty can take effect?

Reprieve

Fatima was convicted of a crime punishable by death. A week before her scheduled execution, it was discovered that she was pregnant. The President decided to suspend the execution until she gave birth. What type of executive clemency was granted to Fatima?

Wholly False

Commutation of Sentence 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. The postponement, withholding, or temporary stay of the execution of a death sentence.

1/3 of the minimum indeterminate sentence

To qualify for commutation, a PDL must first serve:

At least one-third of the minimum of his indeterminate sentence

What portion of sentence of a petitioner must have been served to be eligible for the grant of commutation of sentence in case of definite sentence?