LMT CORAD

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.

Parole

Conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence.

Executive clemency

It is exercise exclusively within the sound discretion of the President (Chief Executive) for the objective of preventing miscarriage of justice or correcting manifests injustice.

Absolute and Conditional

Kinds of pardon

Absolute pardon

Granted without any condition.

Conditional pardon

Exempts an individual within certain limits or conditions from the punishment resulting from the partial extinction of his criminal liability.

Amnesty

It is the grant of forgiveness for a past criminal offense by a sovereign power, usually for an offense committed against the government.

Reprieve

It is the temporary suspension in the execution of sentence.

Commutation of Sentence

It is an act of clemency which changes a heavier sentence to a less serious one or a longer term to a shorter term.

1/3 of the minimum

In commutation of sentence, the prisoner shall have served at least

Within 15 days

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

Secretary of Justice

The application for probation shall be in the form approved by the _____ as recommended by the Administrator or as may be prescribed by the Supreme Court

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 from any

When the sentence imposes a term of imprisonment and/or a fine only

When probation can be granted?

Only once

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

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.

Board of Pardons and Parole

Grants parole and recommends to the President the grant of any form of executive clemency.

D

Mr. Donnie 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?

a. Yes, because his sentence is less than 6 years and 1 day

b. No, because he already appealed his case

c. No, because he is disqualified

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

B

Ryan Guevara applied for probation and subsequently denied his application for probation, can he apply again?

A. Yes

B. No

C. Maybe

D. None of these

Trial Court

Where the application for probation should be filed?

PD 968

What law grants probation to first time offenders who are sent to prison terms of not more than six (6) years?

Post-sentence investigation

What kind of report is 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 be served by the grant or denial of probation?

A

Who shall assign the conduct of post-sentence investigation to an investigating probation officer?

A. The Chief Probation and Parole Officer

B. The Prosecutor

C. The Trial court

D. The Supervising Probation and Parole Officer

D

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

A. 10 days from receipt of the order

B. 15 days from receipt of the order

C. 30 days from receipt of the order

D. 60 days from receipt of the order

C

This is an investigation conducted by probation officer not within the jurisdiction of the court.

A. Initial Investigation

B. Post Sentence Investigation Report

C. Courtesy Investigation Report

D. Pre-Sentence Investigation Report

Full blown courtesy investigation

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

B

After receiving the PSIR, within how many days must a judge decide whether to grant or deny the application for probation?

A. 5 days

B. 15 days

C. 30 days

D. 60 days

A

Who shall assess and recommend the appropriate treatment and supervision program upon the applicant if granted probation?

A. The supervising probation officer or the chief probation officer

B. The investigating probation officer or the chief probation officer

C. The trial court judge or the chief probation officer

D. The trial court judge of the prosecuting officer

Probation order

The approval of the application of probation is done by the Judge thru the issuance of _____.

The execution of sentence is suspended

What is the effect of the grant of probation?

C

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. Maybe set free without bail

C. Maybe released on bail or recognizance

D. all of these

No

Is the denial of probation appealable?

B

Violations of the following Special Laws shall disqualify an offender to avail of the benefits of PD 968 except,

A. Omnibus Election Code

B. Robbery

C. Wage Rationalization Act

D. Videogram Law

A

Daniel is a CICL who has been convicted and sentenced by the court and placed under probation. He successfully completed his probation period and was granted final discharged by the court. When he reached 21 years old, he was again convicted of another offense and was meted with a penalty of four(4) years. In this case, can Daniel still apply for probation?

a. Yes, he can

b. No, he cannot

c. Maybe

d. Maybe not

Within seventy-two (72) hours from his receipt of the probation order

When does an applicant who was granted probation report to the assigned Probation Officer for Interview?

Absconding probationer

He is a 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.

Waiver cum authorization

It is a form authorizing the PPA and/or the Probation Office to secure any and all information on the petitioner, shall be duly executed and signed by him/her.

C, because its a mandatory condition

The following are considered as discretionary conditions of probation, EXCEPT.

a. Drinking intoxicated liquor to excess

b. Abstain from visiting house of all ill repute

c. Report at least once a month

d. Cooperate with the program of probation

C

Pedro Penduko was sentenced to serve an imprisonment of six months, how many years would be the duration of his probation?

a. One year

b. Two years

c. Shall not exceed two years

d. Shall not be more than 6 years

Supervision

The continuing relationship between probation officer and probationer is called ____.

Order the continuance of the probationer’s probation or 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 ______.

Serve the original sentence of imprisonment in full

What is the effect of the recommitment of a Probationer?

B

Modifications of conditions for probation is allowed ___.

A. 15 days after granting it

B. At any time during supervision

C. Upon the application of the community

D. Any of these

B

A court order modifying the probation conditions or revoking probationer's probation ____.

A. Shall be appealable

B. Shall not be appealable

C. Cannot be revoked

D. Shall be appealable by imposable penalty only

A

The final discharge of the probationer shall operate to restore to him all __________ rights lost or suspended as a result of his conviction.

a. Civil and political

b. Human and civil

c. Economic and cultural

d. Social and political

A

When does the probation officer submit the termination report?

A. At least 5 days before the expiration of the period of probation

B. At least 10 days before the expiration of the period of probation

C. At least 15 days before the expiration of the period of probation

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

D

When will you close a probation case?

A. When the probationer absconds the place

B. When he incurred violations

C. When there is recommendation for revocation

D. When the termination order is approved

His case is suspended

Under RA 9344, what happens to the sentence of a Child in Conflict with the law after conviction of a trial Court?

Administrator- ex-officio of BPP

PPA is headed by

President

Who appoints Probation Administrator, Regional Probation Officers and Assistant Probation Officers?

A

The following are disqualified offenders on probation, Except.

a. Sentenced to serve a maximum term of imprisonment of not more than six (6) years.

b. Convicted of any crime against national security

c. Who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day

d. Who have been once on probation

A

Which of the following cases is disqualified to apply for probation?

A. Infanticide

B. Simple Theft

C. Malicious Mischief

D. Unjust Vexation

A

It is a conditional release after the prisoner’s conviction is final and executory and has already served the minimum period of the sentence imposed to him.

A. Parole

B. Probation

C. Pardon

D. Executive Clemency

B

Whom to apply for Parole?

A. Administrator, Parole and Probation

B. Chairman, Board of Pardons and Parole

C. Presiding Judge of the Case

D. Secretary, Department of Justice

DOJ Secretary

Under the Indeterminate Sentence Law, who acts as the Chairman of the Board of Pardons and Parole?

C

How many members of Board of Pardons and Parole?

A. 4

B. 5

C. 6

D. 7

B

Which has the authority to grant parole?

a. President

b. Board of Pardons and Parole

c. Probation and Parole Administration

d. Court

C

Director of Prisons has the responsibility to forward the document to the board, ____ before the expiration of prisoner’s minimum sentence.

A. 15 days

B. 45 days

C. 30 days

D. 60 days

Pre parole investigation

It is an investigation conducted by a parole officer made before the grant of Parole.

Release document

A prisoner shall released upon the grant of parole. What shall be the basis of the grant of parole?

Summary report

Final report submitted by the Probation and Parole Officer on his supervision of a parolee/pardonee as basis for the latter’s final release and discharge.

Progress report

When a parolee/pardonee commits another offense during the period of his parole surveillance, and the case filed against him has not yet been decided by the court.

Infraction report

Report submitted by the Probation and Parole Officer on violations committed by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.

Certificate of Final Release and Discharge

After the expiration of the maximum sentence of a client, the Board shall, upon the recommendation of the Chief Probation and Parole Officer that the client has substantially complied with all the conditions of his parole/pardon.

B

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

board.

A. 4 votes

B. Majority

C. 5 members of the Board

D. at least four (4) votes

Within the period prescribed in release document

After release, from prison, when does a parolee present himself to the Parole and Probation Officer?

45 days

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

Arrival report

It is a report made within 15 days from the date the parolee reported for supervision.

Order of Arrest & 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?

President

On Executive Clemency petition filed by prisoner should be addressed to

Pardon

It is an act of grace exercised by the Chief Executive which exempts the individual from punishment.

1/2

For conditional pardon, the prisoner shall have served at least _____ of the minimum of his original indeterminate and/or definite sentence.

At least one third of the minimum of his indeterminate sentence

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