CORRECTIONAL ADMINISTRATION 2

PARDON

The act of forgiving a crime and restoring civil rights granted by the President is known as:

PAROLE AND PROBATION ADMINISTRATION

Which office administers the probation system in the Philippines?

OFFENDER SENTENCED TO MORE THAN SIX YEARS IMPRISONMENT

Which of the following offenders is generally disqualified from probation in the Philippines?

PAROLE

The conditional release of a prisoner after serving part of his sentence is called:

POST-SENTENCE INVESTIGATION

The process of investigating the background of a probation applicant to assist the court in deciding whether probation should be granted is called:

MANAGED IN THE COMMUNITY WITHOUT IMPRISONMENT

Non-institutional corrections refer to the treatment and supervision of offenders who are:

PRESIDENTIAL DECREE NO. 968

In the Philippines, probation is governed primarily by:

ALLOWS OFFENDERS TO MAINTAIN FAMILY AND COMMUNITY TIES

One of the advantages of non-institutional corrections is that it:

HE IS CONVICTED INDIVIDUAL WHO HAS BEEN SENTENCED

Mr. Lopez has just been released from court under a disposition of probation. At the time of his release under probation, what is Mr. Lopez’s legal status?

HE MUST SERVE THE MINIMUM IMPOSABLE PENALTY OF HIS SENTENCE

Mr. Santos is a convicted felon serving an indeterminate sentence. He has demonstrated good behavior and has participated actively in rehabilitation programs. For Mr. Santos to become eligible for release on parole, he must first satisfy which essential legal requirement?

A CONVICTED FELON WHO HAS BEEN SENTENCED TO A TERM OF IMPRISONMENT

The Indeterminate Sentence Law / Parole Program is designed to apply to which specific legal status of an individual?

DISCRETIONARY, BECAUSE THE CONVICTION WAS HANDED DOWN BY THE REGIONAL TRIAL COURT

Ms. Diaz is convicted by the Regional Trial Court (RTC) of an offense that carries a maximum penalty of prision. She immediately applied for bail while preparing her notice of appeal. What is the status of Ms. Diaz’s application for bail?

NO, BECAUSE THE MAXIMUM PENALTY FOR THE OFFENSE EXCEEDS 6 YEARS OF IMPRISONMENT

Mr. Gomez is convicted of an offense that carries a minimum sentence of 4 years and a maximum sentence of 8 years and 1 day of imprisonment. He files and application for probation, Based strictly on the penalty threshold for eligibility, should Mr. Gomez be granted probation?

BECAUSE THE PREVIOUS IMPRISONMENT OF SEVEN (7) MONTHS IS MORE THAN SIX (6) MONTHS AND ONE (1) DAY

Mr. Reyes was previously convicted by final judgment and sentenced to pay a fine of P500.00 and and imprisonment of seven (7) months. He is now convicted of a new, probationable offense. Under the law, why is Mr. Reyes disqualified from applying for probation?

THE SPECIFIC ACT ESTABLISHES A NON-APPLICABILITY RULE THAT OVERRIDES THE PROBATION LAW, MAKING THE PRIVILEGE UNAVAILABLE REGARDLESS OF THE PROVISIONS OF PD 968

A court is asked to review a probation application from a convicted drug pusher. The lawyer argues that the Probation Law (PD 968) does not list drug pushing as a crime that disqualifies an applicant. How does the provided text address the conflict between the specific Drug Act and the general Probation Law (PD 968)?

NOT APPEALABLE, AS THE COURT’S DECISION IS FINAL AND EXECUTORY

The Regional Trial Court (RTC) denies a petition for probation, and the convicted offender’s lawyer immediately prepares to file a notice of appeal against the denial, arguing that the court misapplied the law. What is the legal status of the RTC’s decision to deny the probation petition?

THE APPLICANT HAS THE OPTION TO REJECT THE GRANT OF PROBATION, PARTICULARLY IF THE TERMS ARE PERCEIVED AS EXCESSIVELY BURDENSOME

Which of the following statements BEST reflects the applicant’s right concerning a grant of probation?

PROBATION

It can be thought of as a type of post-trial diversion from incarceration.

THE OFFENDER WAS PREVIOUSLY CONVICTED OF AN OFFENSE PUNISHED BY IMPRISONMENT OF MORE THAN SIX (6) MONTHS AND ONE (1) DAY AND/OR A FINE OF MORE THAN ONE THOUSAND PESOS

Which of the following circumstances would disqualify an offender from availing themselves of the benefits of probation under PD 968, as amended?

TO PROMOTE THE RETRIBUTION OF OFFENDERS

Which is not a characteristic of probation?

WITHIN THE PERIOD FOR PERFECTING AN APPEAL

From the date of conviction and sentence, when may an applicant for probation file the application for 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?

YES, BECAUSE HIS 1ST SENTENCE IS NON-PROBATIONABLE AND HIS 2ND SENTENCE IS A PROBATIONABLE OFFENSE

Ms. Sakmah Dhick 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 decared him again guilty but to a lesser penalty of six years. Can he still apply for probation?

COMPLETION OF THE ENTIRE MINIMUM PERIOD OF THE INDETERMINATE SENTENCE

Under the Indeterminate Sentence Law (Act No. 4103), as amended, which of the following is a mandatory requirement for a prisoner to be eligible for parole in the Philippines?

A PERSONE IS CONVICTED OF AN OFFENSE PUNISHED WITH RECLUSION PERPETUA

Which of the following prisoners is disqualified from being granted parole by the Board of Pardons and Parole?

PAROLE

An inmate serving a sentence in a national penitentiary has demonstrated good behavior and rehabilitation progress. After serving the minimum period of his sentence, he is recommended for conditional release under supervision outside the prison. What correctional process is involved?

PROBATION

A convicted offender was found guilty of a minor offense. Instead of sending him to prison, the court decided to release him under the supervision of a probation officer subject to specific conditions imposed by the court. Which correctional treatment was applied?

COMMUTATION

After serving several years in prison, a prisoner was granted a reduction in his sentence through the act of the Chief Executive due to humanitarian considerations. Which form of executive clemency was granted?

ABSOLUTE PARDON

A prisoner was granted complete forgiveness of the offense by the Chief Executive, thereby restoring his civil and political rights and removing the penalties imposed by the court. Which type of executive clemency does this situation describe?

AMNESTY

A group of individuals who participated in a political uprising were granted general forgiveness by the government through a procalamation approved by Congress. What form of executive clemency is illustrated?

PAROLE AND PROBATION ADMINISTRATION

A probation officer visit a probationer’s residence to monitor compliance with the conditions imposed by the court and ensure that the offender is undergoing rehabilitation. Which agency supervises probationers and parolees in the Philippines?

BOARD OF PARDONS AND PAROLE

A prisoner applies for parole after serving the minimum period of his sentence. His case is evaluated by a body that determines whether he is qualified for conditional release. Which body conducts this evaluation?

BOARD OF PARDONS AND PAROLE

A parolee violated the conditions of his release by committing another offense while under supervision. Which authority may order his return to prison?

IT WILL BE DENIED BECAUSE FILING AN APPEAL DISQUALIFIES THE APPLICATION FOR PROBATION

Juan was convicted of theft and sentenced to two years imprisonment. He decided to apply for probation instead of appealing the court’s decision. However, he first filed an appeal before submitting his application. What will happend to Juan’s probation application?

PROBATION

A judicial action for legal disposition that allows the offender to remain in the community subject to conditions imposed by the court?

IT DENIES THE EQUAL PROTECTION OF THE LAWS AND CONSTITUTES AN UNLAWFUL DELEGATION OF LEGISLATIVE POWER

Why was Act 4221 declared unconstitutional?

WITHIN 15 DAYS

From the date of conviction and sentence, when may an applicant for probation file the application for probation?

AMICUS CURIAE

A term means a friend of a court.

MAJORITY

The board shall assess and determine whether the petitioner is qualifed for Parole, the decision or action must be suspended by _____ of the members of the board.

CERTIFICATE OF FINAL RELEASE AND DISCHARGE

What document is issued to a parolee when the maximum period of his prison term has expired?

ORDER OF ARREST AND RECOMMITMENT (OAR)

Upon receipt of the Report the BOARD may issue an _____ against the parolee.

SERVE THE REMAINING PORTION OF THE MAXIMUM SENTENCE

What is the effect of the recommitment of a Parolee?

YES. THE BOARD MAY CONSIDER THE CASE OF A RECOMMITTED PAROLEE FOR THE GRANT OF A NEW PAROLE AFTER THE LATTER SHALL SERVE ONE-FOURTH (1/4) OF THE UNSERVED PORTION OF HIS MAXIMUM SENTENCE

Mr. Pacquiao committed a crime with penalty of Prision Mayor, then applied for Parole the BPP granted it. Later, Mr. Pacquiao did and then violate and not complied with the condition given by the Competent Authority. Mr. Pacquiao was sent back to the Bureau of Correction to serve the unexpired portion of the sentence. Can he avail again the privilege of Parole?

COMMUNITY-BASED CORRECTION

It refers to the correction of sentenced offenders which the direct involvement to the community is said to be the key for rehabilitation and reformation.

PROBATION

A privilege granted by the State under which a defendant, after conviction and sentence, is released subject to conditions imposed by the Trial Court and to the supervision of a Probation Officer.

COLLATERAL INFORMATION

The information that must be gathered from those persons who have direct personal knowledge of the petitioner such as the offended party, family members, and/or their relatives, including barangay officials and disinterested persons.

INDETERMINATE SENTENCE

A criminal will serve a range of years as determined by the judge. The penalty is divisible or has a minimum, medium, and maximum.

PROBATION ORDER

An order created by the court as a grant for the petitioner who applies and qualified for probation.

EXECUTIVE CLEMENCIES

Is a disposition of the President to show mercy, especially toward an offender or an enemy.

BOARD OF PARDONS AND PAROLE

Who grants parole and recommends to the President the grant of any form of executive clemency to deserving prisoners or individuals?